Terms of Service — Applicable to the Supersender Platform and MAK Consulting Logistics Services

Effective Date: October 1, 2025

Company Name: MAK Consulting p.h.u. Michał Nowak

Registered Office: al. Wojciecha Korfantego 113/3, 40-156 Katowice, Poland

Warehouse Address: ul. Plebiscytowa 3, 41-100 Siemianowice ÅšlÄ…skie, Poland

NIP: 6343014789

EU VAT No.: PL6343014789

Email: info@supersender.eu

Website: www.makconsulting.pl | www.supersender.eu

Business Hours (warehouse): Monday to Friday, 8:00—16:00 CET

Transport License: International Transport License No. TU-082508, valid until 30.04.2029

1. Definitions

MAK / We / Us – MAK Consulting p.h.u. Michał Nowak., the operator of the Supersender service.

Supersender – the digital warehousing, receiving, and dispatch management platform owned and operated by MAK Consulting p.h.u. Michał Nowak.

Client / You – any company or individual who registers for and uses the Supersender service.

Warehouse – the MAK Consulting logistics facility located in Siemianowice Śląskie, Poland.

Delivery (Inbound) – any goods received at the Warehouse under the Client's assigned Supersender code.

Dispatch (Outbound) – the process of packing, preparing, and releasing goods for transport.

Transport by MAK – a delivery organized by MAK Consulting as carrier, under License TU-082508, with the right to subcontract transport.

Client-organized Transport – a transport arranged directly by the Client with an independent carrier. In this case, MAK acts only as warehouse operator, not as carrier or freight forwarder.

Subscription / Plan – the Client's monthly Supersender package, including defined cubic meter (m³) capacity and service limits.

Cubic Volume (m³) – warehouse space usage calculated by (width × depth × height in cm) ÷ 1,000,000, increased by a 5% buffer.

Pallet Space – a standardized loading area of 80Ö120 cm (max height 260 cm), used for outbound shipment pricing only.

Overlimit Storage – warehouse volume used above the Client's subscribed capacity.

Prohibited Goods – strictly forbidden items including but not limited to: hazardous materials (ADR), explosives, flammable or toxic substances, illegal products, perishable goods, food, plants, animals, biological samples, pharmaceuticals, jewelry, cash, weapons, or any materials restricted by law or requiring temperature-controlled storage.

2. Nature and Scope of Service

Supersender provides warehousing, receiving, consolidation, packing, and dispatch services, as well as — upon the Client's choice — transport organization by MAK Consulting acting as a licensed carrier.

MAK Consulting is not a freight forwarder (spedition) and does not broker third-party transport contracts.

When transport is organized by MAK, MAK acts as carrier, responsible directly to the Client under CMR and applicable law.

When the Client arranges transport independently, MAK's responsibility ends upon correct handover of the shipment to the Client's carrier.

3. Account Registration

The Client must provide accurate and verifiable business or personal data during registration.

Each Client receives a unique code (e.g., MN-IE-001) and a dedicated delivery address for shipments:

[Client Name / Code] MAK Consulting ul. Plebiscytowa 3 41-100 Siemianowice ÅšlÄ…skie, Poland Tel. (warehouse): +48 791 350 527

The Client is responsible for all actions performed under their account and for ensuring suppliers clearly label shipments with their code.

Accounts may be suspended or terminated if data is falsified, incomplete, or misused.

4. Delivery Notification and Receiving

Before dispatching goods to the warehouse, the Client must submit a Delivery Notification via the app (supplier name, product description required; order number and estimated date optional).

Unannounced deliveries may be received only if identifiable by label or documentation. In such cases, the Client must confirm details afterward.

Upon receipt, MAK will:

  • measure and weigh the shipment,
  • photograph items (minimum: general overview and label),
  • assign a storage location,
  • update warehouse occupancy (m³ +5%).

Any visible damage or irregularities will be recorded and shared with the Client. MAK will store the goods safely but assumes no liability for pre-existing damage or shortages.

MAK reserves the right to refuse or quarantine deliveries that are misdeclared, mislabeled, or potentially dangerous.

5. Storage and Space Calculation

Storage usage is measured solely in m³ (cubic meters) with a 5% automatic buffer.

Live usage and available space are displayed in the Client's dashboard.

Overlimit usage beyond the plan is automatically billed at the rate published in the pricing schedule (e.g., €20/m³ per month).

Goods remain the property of the Client, but MAK retains a warehouse lien for unpaid fees, storage, or transport costs.

MAK does not accept, under any circumstance, goods requiring controlled temperature, ADR handling, or any hazardous conditions.

6. Dispatch Preparation

When the Client requests a dispatch, MAK will:

  • consolidate selected items,
  • pack them securely (pallet + stretch film + labeling),
  • document the process with before/after photos,
  • record exact dimensions and weight.

Preparation times:

  • Basic / Standard plans → within 2 business days
  • Professional / Enterprise → within 1 business day

Loading and collections are available Monday to Friday, 08:00—16:00 CET only.

Dispatch units are priced based on:

  • Parcels → by volume and weight
  • Pallets → by pallet space (80Ö120 cm, max height 260 cm) and weight

7. Transport Options

A. Transport by MAK Consulting (as carrier)

Upon packing, the system displays an automatic transport cost estimate.

The Client may:

  • accept the estimate and authorize MAK to arrange transport,
  • request a custom shipping quote from their account manager, or
  • organize their own transport.

Once the Client accepts and pays for transport, MAK arranges the shipment as carrier, under its international license TU-082508, and may subcontract execution to licensed third parties.

MAK remains fully responsible to the Client for safe and timely delivery as carrier, under applicable transport law (e.g., CMR Convention).

Loading and unloading arrangements (forklift/manpower) are the responsibility of the shipper and consignee; delays or lack of readiness may incur additional fees.

Transport is insured, and claims must follow statutory reporting timeframes (immediate upon receipt or per CMR).

B. Client-Organized Transport

If the Client chooses their own carrier, MAK acts only as warehouse operator.

Responsibility for transport risk transfers to the Client upon handover to their carrier.

The Client must ensure:

  • collection within working hours,
  • appropriate vehicle and equipment,
  • all legal transport compliance.

MAK assumes no liability for damage, delays, or errors during Client-organized transport.

8. Local Pickup from Supplier (Optional Service)

MAK can, upon request, collect goods directly from a supplier (up to 1000 kg, max length 5 m) within a specified distance:

  • up to 10 km — €20
  • up to 20 km — €35
  • up to 30 km — €45
  • up to 50 km — €60
  • up to 100 km — €110

These rates cover transport only. Loading at the supplier's site must be pre-arranged by the Client; MAK is not responsible for unprepared suppliers or waiting time.

Unsuccessful or delayed loading may result in reattempt or additional charges.

9. Payments and Billing

Subscription plans are billed monthly in advance.

Transport by MAK — payment is required before loading.

Extra operations (e.g., overlimit storage, additional deliveries or dispatches) — billed at month-end, due within 7 days.

Accepted payment methods include Revolut or other online gateways integrated with the app. Payment is confirmed automatically via webhook integration.

After payment, the Client receives a monthly consolidated invoice via email.

In the event of late payment, MAK may:

  • suspend new inbound shipments,
  • block dispatches ("credit hold") until settlement,
  • charge statutory late interest and recovery costs.

MAK retains a statutory lien over goods stored in the warehouse until all outstanding amounts are paid in full.

10. Prohibited Goods

The following categories are strictly prohibited and will not be accepted under any circumstances:

  • hazardous, flammable, corrosive, or explosive goods (ADR classed);
  • illegal or counterfeit products;
  • perishables, food, beverages, plants, or living organisms;
  • pharmaceuticals, medical or biological materials;
  • currency, valuables, jewelry, or artwork;
  • weapons, ammunition, or defense-related equipment;
  • any items requiring temperature control or special handling conditions.

If such goods are delivered unknowingly, MAK reserves the right to refuse, quarantine, or destroy them at the Client's cost and notify relevant authorities.

11. Abandoned Goods and Disposal

Goods left without instruction or overdue payment for 30 days after written notice are considered abandoned.

MAK may, at its discretion:

  • store the goods externally at Client's cost,
  • sell, scrap, or dispose of them to recover outstanding amounts,
  • retain proceeds up to the debt amount (returning any surplus).

12. Liability and Insurance

MAK exercises professional care in all operations but is not liable for:

  • pre-existing defects,
  • inherent flaws, leakage, shrinkage, or wear,
  • damages from insufficient packaging or labeling,
  • force majeure, or acts of third parties beyond MAK's control.

When MAK acts as carrier, its liability follows applicable laws (including CMR).

When the Client organizes transport, MAK's liability ends upon handover.

MAK maintains standard warehouse insurance and carrier liability (OCP/CMR). Additional insurance (cargo all-risk) can be arranged upon written request and additional fee.

13. Claims and Disputes

Claims regarding warehouse operations must be submitted within 7 days of occurrence.

Transport-related claims (for MAK-organized transport) must comply with statutory terms (immediate for visible damage, per CMR for concealed).

Claims do not suspend payment obligations for undisputed amounts.

MAK will respond to all valid claims in writing within 30 days.

14. Compliance and Legal Use

The Client guarantees that goods, suppliers, and destinations comply with applicable laws, sanctions, export/import restrictions, and product safety regulations.

MAK may refuse services suspected of breaching sanctions or international trade laws.

15. Data, Privacy, and Intellectual Property

All software, systems, and materials under the Supersender platform remain the exclusive property of MAK Consulting.

Personal data is processed in accordance with [Privacy Policy link].

The Client is responsible for compliance with GDPR toward its own customers or suppliers.

16. Communication and Translations

The governing language of these Terms is Polish. English and other translations are for convenience only.

System-based message translation (e.g., PL↔EN) is provided for operational clarity and is non-binding in case of discrepancy.

17. Updates and Modifications

MAK may amend these Terms or pricing structures with 14 days' prior notice (via app or email).

Updates do not affect services already performed unless the Client explicitly agrees.

18. Force Majeure

MAK shall not be liable for delays or non-performance due to causes beyond its reasonable control, including but not limited to war, natural disasters, strikes, power outages, cyberattacks, or government restrictions.

19. Governing Law and Jurisdiction

These Terms and all related contracts are governed by Polish law.

All disputes shall be settled before the courts competent for Katowice, Poland, unless mandatory law provides otherwise.

20. Final Provisions

Invalidity of one provision shall not affect the validity of the remaining provisions.

Any deviation or side agreement must be made in writing (including electronic form).

All operational annexes, price lists, and privacy policies form an integral part of these Terms.

Annex A — Key Operational Information (Summary)

Warehouse Address for Deliveries:

[Client Code] MAK Consulting ul. Plebiscytowa 3 41-100 Siemianowice ÅšlÄ…skie, Poland Tel: +48 791 350 527 (for couriers, Polish language only)

Storage Unit: measured in m³ (+5% buffer).

Dispatch: palletized or boxed; photos before and after packing.

Working Hours: Mon—Fri, 08:00—16:00 CET.

Transport by MAK: MAK Consulting acts as carrier (License TU-082508), fully responsible for delivery.

Client Transport: Client bears all risks post handover.

Payments: Subscription upfront; extra services monthly; transport pre-paid.

Invoices: consolidated monthly via email.

Prohibited Goods: strictly no ADR, hazardous, illegal, or controlled substances.

Claims: warehouse — within 7 days; transport — as per law (CMR).