DPD EESTI AS standard terms of service 2021

1. GENERAL PROVISIONS

2. DEFINITIONS

3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE

4. SUBMITTING AND AMENDING ORDERS

5. PACKAGING, LABELLING, LOADING AND SECURING THE CONSIGNMENT

6. ACCEPTANCE OF CONSIGNMENT BY DPD

7. DELIVERY OF CONSIGNMENT

8. RESTRICTIONS OF SERVICE AND PROHIBITED ITEMS

9. RETURNING, DESTROYING OR DISPOSING OF UNDELIVERED CONSIGNMENTS

10.PAYMENT PROCEDURE

11.PARTIES’ LIABILITY AND LIMITATIONS OF LIABILITY

12.ENTRY INTO AND TERMINATION OF CONTRACT

13.CLAIMS AND DISPUTE RESOLUTION, APPLICABLE LAW

1. GENERAL PROVISIONS

1.1. These DPD Eesti AS (hereinafter: DPD) general terms of service (hereinafter: General Terms) regulate the relationship between DPD and the Client (hereinafter: Party or Parties), they are an integral part of the service contract (hereinafter: Contract) concluded between DPD and the Client. General Terms apply to all Service Contracts concluded between DPD and the Client unless the Contract between the Parties expressly states otherwise.

1.2. General Terms define all terms used in the Contract, as well as set out the rights and obligations of DPD and the Client.

1.3. In addition to the General Terms, the Parties are bound by the Contract, Price List, (special) terms of Service (hereinafter: Terms of Service), and other terms set by DPD and accessible to the Client via the DPD Website or the Online Service (all abovementioned documents hereinafter jointly: Contractual Documents). In issues which the Contractual Documents do not cover, the Parties also rely on the General Conditions of Estonian Logistics and Freight Forwarding Association (ELFA’s General Conditions), Warehousing Conditions of the Estonian Logistics and Freight Forwarding Association (ELFA’s General Terms and Conditions for Warehouse keepers), and the CRM Convention.

1.4. Special Terms of Service are set out in the Contract and Terms of Service, but may originate from other Contractual Documents as well. If the Contractual Documents are in conflict with each other, the order of priority is the following:

a. The Contract

b. Terms of Service

c. Other terms set out for the Service by DPD (e.g., instructions for packaging and labelling)

d. General Terms

e. Price list

1.5. General Terms, Price List, Terms of Service and other terms set out for the Service are established by DPD, who may unilaterally amend them, including if

a. It is necessary due to a change in applicable legislation or the interpretation thereof

b. A new Service is implemented, Service is amended or an existing Service is discontinued

c. Changes are motivated by reoccurring feedback from Clients

d. A court judgment or administrative act requiring DPD to make the change enters into force

e. Changes are made to the work organisation at DPD

f. Technological developments allow DPD to improve the quality and/or security of the Services

g. Unforeseen circumstances occur which reasonably necessitate the change.

1.6. DPD will announce the amendment of the Contractual Documents via the DPD Website at least 15 days before the amendment comes into force. The Client will not be separately notified of the amendments. If the Client does not agree to the amended terms, they have the right to terminate the contract in accordance with clause 12.2 of the Contract. If the Client continues to use DPD Services after the amendment has come into force, then it is deemed that they have agreed to the amended terms. The enforced amendments do not apply to Services ordered and paid for before the amendment came into force, except if DPD has expressly stated otherwise, the amendments do not affect the use of the Service or would not affect the Client unreasonably.

1.7. The Contractual Documents, incl. General Terms, Price List, Terms of Service are available on the DPD Website. The Client must always make sure that they are entering into the Contract or submitting an Order based on currently valid Contractual Documents. Upon the Client’s request, DPD will forward the Contractual Documents to the Client by e-mail.

1.8. The Contract for providing a Service may be concluded in any form, including (but not limited to) via Online Service, in a written or reproducible format. The Client’s order for Service is considered to be a valid Contract from the moment DPD starts fulfilling the order.

1.9. By ordering the Service or agreeing to DPD’s offer, the Client confirms that they have reviewed the General Terms, agree to them and undertake to follow them. DPD has the right to refuse from providing the Service if it is not clear whether the Parties have a valid Contract for providing the Service or if it is unclear whether the Parties have come to a clear agreement in all the important aspects of providing the Service.

1.10. Practices established in cooperation between the parties will be an integral part of the Contract only if they do not conflict with the Contractual Documents or regulations listed in clause 1.3.

1.11. For Services provided abroad (i.e., the country of origin or destination country of the Consignment is not Estonia), the Terms set out in subclauses a, b, and/or c of clause 1.11 apply, and the General Terms only apply insofar as they are not in conflict with the aforementioned. Terms applicable to cross-border Services:

a. Terms set out for the relevant Service, as well as mandatory international agreements and conventions (e.g., the CMR convention) obligatory for DPD as the carrier or freight forwarder

b. General Terms and Conditions of the Service Provider for the CLASSIC EUROPE and CLASSIC SHOP Services in Selected Countries, available at the end of this DPD Website, if the Consignment is sent across borders from a country of origin listed in Annex 1 to a destination country listed in Annex 2

c. Requirements set out in the destination country of the Consignment and/or special requirements of a business in the same group as DPD involved in providing the Service (e.g., Consignment delivery options, Consignment labelling requirements). The Client can read these requirements on the website www.dpd.com. DPD is not responsible for any costs or damages incurred due to the aforementioned circumstances during providing a cross-border Service.

1.12. Providing the Service, DPD processes personal data pursuant to the provisions of the Privacy Notice which constitutes an integral part of the Contract. The terms used in the Privacy Notice have the same meanings as provided in the General Terms.

1.13. DPD and the Client communicate in Estonian, and if possible, in English and Russian as well. The General Terms and usually the Terms of Service are available in those languages. If the content of the Contractual Documents in Estonian and in a foreign language is different, the Estonian text prevails, except in relation to the General Terms and Conditions of the CLASSIC EUROPE and CLASSIC SHOP Services, in which case the English text prevails.

1.14. The contents of the Contract and information that a Party becomes aware of in the course of performing the Contract are confidential and must not be disclosed to third parties unless the information is disclosed with the other Party’s prior written consent or the disclosure of the information is necessary in order to perform an obligation arising from the Contract or the law.

2. DEFINITIONS

The terms used in the General Terms are defined as follows

2.1 Pallet

A pallet used for the transport of goods which can be loaded onto a forklift from any of the four sides, as necessary (both forks of the lift must fit under the pallet and allow for safe handling during the whole transportation process). A Consignment with an Actual Weight of more than 31.5 kg must be placed on a Pallet.

2.2. DPD Website

DPD website www.dpd.ee or any other publicly available website mentioned in the Contractual Documents. DPD has the right to open and close the DPD Website, create content for it, amend it etc.

2.3. Forwarding Service (Forwarding)

A process that involves the acceptance of the Consignment directly from the Sender or via a Pickup Parcel Locker, the sorting, shipment and delivery of the Consignment to the Recipient by a Courier or via a Pickup Parcel Locker. DPD’s forwarding method is road transport, which is characterised by recurrent onloading and offloading in depots.

2.4. Online Service

DPD internet-based self-service environment (incl. telli.dpd.ee, www.dpd.ee), where Clients can order Services and manage them.

2.5. Spedition Service (Spedition)

Service of mediating the carriage of Consignments and other services agreed upon by the Parties (e.g., storage and sorting of the Consignment). If it is not clear whether the Service is a Forwarding or Spedition service, it is presumed that DPD provides Forwarding Services. If issues with the Spedition Service are not covered in the General Terms, ELFA’s General Terms and Conditions apply.

2.6. Price List

Fees listed on the DPD Website or Online Service, which the Client must pay to DPD for providing a Service. If the Parties have agreed on the Service prices in a written Contract, the prices set out in the Contract are valid until DPD amends the Price List, except if the Parties have expressly agreed otherwise.

2.7. Distribution Centre (depot)

A building or a room where Consignments are sorted and stored. If there is a justified need, DPD will notify the Client in which Distribution Centre the Consignment is located.

2.8. Client

The person to whom DPD provides the service or who has requested one from DPD. The Client need not be the Sender or the Recipient. The acts of the Recipient, Sender, and third parties acting in their interests or the interests of the Client are considered the acts of the Client for which the Client is liable as if these acts were their own.

2.9. Courier

A person wearing a DPD uniform directly providing the Service (e.g., a DPD employee or a person providing the service on DPD’s behalf).

2.10. Delivery Notice

A notice sent by DPD (by SMS, email or otherwise) in the case of certain Services, which provides information on the timeframe of delivering the Consignment and instructions for changing the time and place of delivery.

2.11. Loading Area

Place of loading or unloading the Consignment specified in the Order. The Loading Area must have a solid, smooth, level surface without any steps and must be at road level or at the same height as the tail gate of the DPD vehicle. If the Consignment weighs more than 31.5 kg and the loading area is above the 5th floor, a working elevator fitting the Consignment must be in place. If the Consignment weighs more than 100 kg, DPD has the right to apply an additional fee (e.g., delivery inside the building) set out in the Price List.

2.12. Additional Insurance

Additional Service to insure the Consignment against damages incurred during Forwarding upon the terms set out in the insurance policy. The maximum amount of Additional Insurance compensation is 13,000 € and it only covers the contents of the Consignment. An agreement for Additional Insurance is only valid if it is concluded in a reproducible format before DPD accepts the Consignment.

2.13. Additional Service

A service provided by DPD for an additional fee that supplements or provides added value to the Service (e.g., customs clearance, identification, payment on delivery, additional insurance).

2.14. Volumetric Weight

Indicator calculated using the dimensions of the Consignment, helping to estimate how much room the Consignment will take in the means of transportation. Volumetric Weight is calculated according to the following formula: length (cm) × width (cm) × height (cm) / 4,000 (i.e., 1 m³=250 kg). If the Actual Weight and Volumetric Weight of the Consignment are different, DPD has the right to proceed based on the bigger of the two for providing the Service or determining the price.

2.15. Waiting Time

Time slot of up to 10 minutes for the Courier to accept the Consignment from the Sender or hand it over to the Recipient. DPD is not responsible for any damages stemming from exceeding the Waiting Time for circumstances which do not depend upon the actions or omissions of DPD or the Courier.

2.16. Parcel Label/Labelling the Consignment

Parcel Label is a single-use note attached to the Consignment which contains the data necessary for providing the Service and data characterising the Consignment. Parcel Label must be placed on top of the Parcel, it should not be damaged, illegible or attached over several sides of the parcel. On Pallets, the Label must be placed on the side of the Pallet. DPD will give separate instructions on how to attach the Parcel Label for every Spedition Service. DPD has the unilateral right to establish other requirements for labelling Consignments, which are available on the DPD Website or Online Service. The Client is responsible for labelling the Consignment, including filling in the Parcel Label and attaching it to the Consignment. DPD is not responsible for any damages incurred due to failing to meet the labelling requirements or in case the information on the Parcel Label is insufficient to properly provide the Service.

2.17. Parcel

An item packaged and marked in accordance with the requirements, handed over to DPD for Forwarding Service (incl. Courier Parcel or Pickup Parcel). The allowed dimensions, weight and other conditions of a Parcel are available on the DPD Website or Online Service. The Client is obligated to ensure that the package meets DPD’s requirements.

2.18. Pickup Parcel Locker

A machine accessible 24/7 at the location displayed on the DPD Website, by which Parcels can be received from the Sender or issued to the Receiver after inserting the Door Code. DPD has the unilateral right to establish other requirements for using the Pickup Parcel Locker, which are available on the DPD Website or Online Service.

2.19. Actual weight

Weight of the Consignment in kilogrammes. The Consignment’s weight is presumed to be accurately marked on the Parcel Label, but if DPD weighs the Consignment during the provision of the Service and it is heavier than what is marked on the Parcel Label (+/– 0.1 kg) DPD will proceed based on the real weight of the Consignment. DPD has the right to refuse from providing the Service and request a Return Fee if the Actual Weight of the Consignment is larger than what is marked on the Parcel Label. If the Actual Weight and Volumetric Weight of the Consignment are different, DPD has the right to use the bigger of the two for providing the Service or determining the price.

2.20. Arrival Notice

Notification sent from DPD to the Recipient of the Consignment (by SMS, e-mail or other reproducible format) about the Consignment arriving to the Pickup Parcel Locker and its retrieval.

2.21. Consignment

Parcel or Pallet packaged and labelled according to the requirements, the route and retrieval of which can be followed. Separately packaged Parcels or Pallets are handled as separate Consignments.

2.22. Sender

Person handing the Parcel over to DPD for providing the Service in the name of the Client.

2.23. Recipient

Person marked as the recipient of the Consignment on the Parcel Label or the person who has the right to accept the Consignment on the Recipient’s behalf or any other person to whom the Consignment should be delivered according to the Client’s or Sender’s instructions, including person present at the Recipient’s address marked on the Parcel Label.

2.24. Consignment Documents

Documents necessary to conduct the customs and other formalities related to the Consignment.

2.25. Return Fee

The fee payable by the Client to DPD for returning the Consignment to the Sender.

2.26. Proof of Delivery

Confirmation of delivering the Consignment by signing the Courier’s manual scanner or by inserting the Door Code at the Pickup Parcel Locker. Changing or supplementing ways of providing Proof of Delivery does not constitute changing the General Terms.

2.27. Service

The Forwarding, Spedition and/or Additional Service provided to the Client by DPD. The term ‘Service’ also encompasses services which are not included in the definitions of Forwarding, Spedition or Additional Services regardless of whether the Parties agreed on the provision of the service, if the provision of such a service is necessary e.g., to avoid or mitigate greater damage, to follow the Client’s instructions or otherwise.

2.28. Order

The Client’s order requesting the provision of the Service.

2.29. Unladen Journey

A trip made for accepting or delivering a Consignment, where it could not be accepted from the Sender or delivered to the Recipient for reasons not dependent on DPD or the Courier. DPD has the right to charge the Client for Unladen Journeys according to the Price List.

2.30. Door Code

A numerical code which is included in the Pickup Parcel Locker Arrival Notice which opens the door of the locker that contains the Consignment at the Pickup Parcel Locker

3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE

3.1. DPD may use third parties for performing the Contract and providing the Service. DPD discloses information in relation to the Contract to such third parties only to the extent it is necessary for them to properly provide the Service. DPD will do everything in its power to ensure that the third parties maintain the confidentiality of the information received. The acts of such third parties are considered acts of DPD for which DPD is liable as if these acts were its own, (except in the case of cross-border delivery, in which case rules set out in clause 1.11 apply).

3.2. DPD may ship the Consignment by any means of transport and by any route as DPD sees fit for the performance of the Contract.

3.3. DPD has the right to consolidate the Consignments of different Clients and, for example, place them in a single means of transportation.

3.4. The Client shall provide the Courier access to the Loading Area and the possibility of safely and legally stopping at the Loading Area. The Client is obligated to compensate DPD for all expenses and damages incurred in relation to accessing the Loading Area (e.g., paid entry) or stopping there (e.g., paid parking).

3.5. DPD does not forward Consignments poste restante or to post box addresses. DPD does not provide Services for which value or special interest must be declared (CMR articles 24 and 26, Warsaw Convention article 22 and Montreal Convention article 22). DPD has the right to refuse from providing a Service by which the Client wishes to Forward a Consignment to a Recipient in in-patient care, at a special care facility or a detention facility.

3.6. Consignments must be handed over to DPD in a closed package, DPD will not know or check the contents of the Consignment, unless the General Terms state otherwise. The Client is responsible for the contents of the Consignment, and confirms by submitting the Order that the Consignment meets the requirements of the Contract (incl. the General Terms clause 8) and the law. The contents of the Consignment must not disturb, damage or endanger people, property or other Consignments.

3.7. (Special) terms of Service are available on the DPD Website or Online Service. The estimated time of delivery of the Consignment related to the Service depends primarily on the time of submitting the Order, and terms of Service. Estimated time of delivery is usually available on the DPD Website or Online Service.

3.8. In the course of performing the Contract, DPD may ask for instructions from the Client, Recipient or Sender. In certain cases (e.g., to prevent damage), it may be unreasonable to ask or wait for instructions and, due to this, DPD has the right to decide on the course of performing the Contract. DPD may suspend the provision of the Service until the necessary instructions have been received. DPD is not liable for damage resulting from missing or incorrect instructions or delays in providing instructions.

3.9. If the Client is neither the Recipient nor the Sender, then DPD shall presume that the Recipient and Sender have the same rights as the Client (see clause 2.8). If the Recipient, Sender, Client or representatives thereof do not have the right to give instructions to DPD in the course of performing the Contract or if their rights are otherwise limited in the course of the Service, the Client undertakes to inform DPD respectively in a reproducible format no later than upon submitting the Order. If DPD becomes aware of such restrictions after the order is submitted, DPD may follow them but is not obligated to do so and is not liable for any damage that may result therefrom.

3.10. DPD is not responsible for verifying or proving the legal capacity and right of representation of the Client, Sender, Recipient, or representatives thereof.  Upon accepting or delivering a Consignment, DPD checks identification, if this is a special condition of the provided Service.

3.11. DPD has the right of lien related to the Consignment for securing contractual claims. When exercising lien, it is irrelevant whether DPD’s claim is related to the relevant Consignment for which the lien is exercised and what the monetary value of the claim is in proportion to the value of the Consignment. DPD also has the right to exercise lien on the Client’s Consignment if DPD has a claim that is related to a Sender’s or Recipient’s Consignment that is not the Client’s Consignment. DPD is not liable for any damage resulting from exercising the right of lien. DPD also has the right to request payment for storing such a Consignment.

4. SUBMITTING AND AMENDING ORDERS

4.1. The Client can submit an Order for a Service through the Online Service, a Pickup Parcel Locker, via an email to the DPD customer service or in any other form set out in the Contract. In the Order, the Client will submit the essential data (incl. the weight and dimensions of the Consignment, details of the Sender and Recipient, point of origin and destination, Incoterms, if it is relevant for the Service) and give instructions necessary for providing the Service. DPD has the right to request additional information and instructions as it sees fit, primarily for the purpose of ensuring the accurate pricing and proper provision of the Service. The Order can be changed only upon an agreement between the Parties.

4.2. DPD will issue the Client a price quote for the service if this has been the common practice in the previous cooperation between the parties or if the Client expressly asks for it. DPD will rely on the information given by the Client in preparing the quote (incl. weight and/or dimensions stated in the Order). If the actual weight or dimensions are deemed to be larger during the provision of the Service, DPD has the right to increase the Service fee, or refuse from providing the Service and demand a Return Fee. If the Client accepts the price quote, the Contract is deemed to be concluded as of the time when DPD received the Client’s unconditional consent. If the Client’s consent to the price quote was not given in a reproducible format and DPD has begun providing the Service, it is assumed that the Client consented to DPD’s price quote and the Parties concluded a Contract for providing the Service. DPD’s price quote is valid for 60 days unless the quote states otherwise.

5. PACKAGING, LABELLING, LOADING AND SECURING THE CONSIGNMENT

5.1. The Client is responsible for packaging and labelling the Consignment.

5.2. The Client must package the Consignment in a manner corresponding to the Consignment’s contents, weight, shape, dimensions, means and duration of forwarding. The contents of the Consignment must also be protected from any and all effects which may result from the automatic sorting and mechanical handling of Consignments (allowed drop height on an edge, corner or side of up to 80 cm), consolidating Consignments (handling Consignments with unconventional dimensions and weight together), weather or other circumstances which may reasonably arise in the course of providing the Service. It must not be possible to open the package in a way that makes it impossible to later definitively ascertain that the package was opened. DPD instructions for packaging and labelling Consignments are available on the DPD Website.

5.3. The Client undertakes to label the Consignment with the correct contact details of the Sender and the Recipient (incl. but not limited to legal or natural person’s name, location, telephone number, and contact person’s name) on the Parcel Label attached to it. The Client must also take into account the specifics of their Consignment. Labelling requirements are listed in the DPD instructions for packaging and labelling.

5.4. By accepting the Consignment DPD does not assume liability for labelling and packaging the Consignment, DPD is not responsible for checking the labelling and packaging of the Consignment. If DPD discovers deficiencies in the labelling or packaging of the Consignment, DPD has the right to refuse from providing the Service until the Client has remedied the deficiencies or to remedy the deficiencies itself. The Client is obligated to compensate all damages incurred due to the improper packaging or labelling of the Consignment.

5.5. The Client is obligated to give DPD written, timely and sufficient instructions to ensure that the Consignment contents’ condition is preserved during the Service, and prevent damage to the contents, as well as damages to people and property (incl. other Clients’ Consignments or the means of transportation, see clause 3.3) which may incur due to the Consignment. The Client is also obligated to give DPD timely and sufficient instructions to safely load and unload the Consignment, and secure it on the means of transportation. In practice, DPD acts on the basis of common requirements for loading and securing.

5.6. If the Consignment’s insufficient packaging or labelling, or lacking instructions in relation to loading and unloading and securing the Consignment on the means of transportation damages or endangers people, property or other Consignments, DPD has the right to require the Client to cover these damages in full.

5.7. Consignment Documents must be in a sealed plastic envelope that is attached to the outer side of the Consignment. The Client is responsible for the accuracy of the Consignment Documents.

6. ACCEPTANCE OF CONSIGNMENT BY DPD

6.1. The Consignment is delivered to DPD via a Courier, a Pickup Parcel Locker or a Distribution Centre.

6.2. The Courier will arrive to pick up the Consignment in the timeframe stated on the DPD Webpage or specified by DPD. If the Terms of Service so state, the Courier will prepare a scan record upon accepting the Consignment or sign the Consignment manifest, in other cases the Consignments are considered to be handed over to DPD when the Courier accepts them.

6.3. Upon accepting the Consignment, the Courier does not check the ID of the person handing over the consignment, and it is presumed that the Sender has the right to hand the Consignment over to DPD. DPD is not liable for any damages resulting from the above. If the Sender instructs for the Consignment to be accepted without the Sender’s representative being present, the Sender is responsible for ensuring that the Consignment is in a safe place (where only Consignments to be handed over to DPD are located), the Consignment is correctly packaged and labelled.

6.4. Upon reasonable doubt in accepting the Consignment, the Courier has the right to demand that the Sender open it in order to verify that the Consignment meets the requirements of the Contract and the law. If the Sender refuses to open the Consignment, the Courier has the right to refuse from accepting the Consignment and record it as an Unladen Journey.

6.5. If the Waiting Time is exceeded, the Courier has the right to refuse from accepting the Consignment until the Client has paid an additional fee or to record the situation as an Unladen Journey.

6.6. Consignments are deemed to be accepted by DPD if:

a. The Courier has accepted the consignment in accordance with clause 6.2

b. The Consignment has been accepted at the Distribution Centre and there is a scan record of it

c. The Client has paid for the Service at a Parcel Locker, placed the Consignment in the locker, the door of which opened automatically, closed the door and made sure that it is locked.

6.7. DPD has the right to determine the maximum amount, weight or other conditions of Consignments that can be accepted simultaneously, specifying this on the DPD Website or otherwise.

7. DELIVERY OF CONSIGNMENT

7.1. The Consignment will be Forwarded to the Recipient in accordance with the Order via a Courier, a Pickup Parcel Locker or a Distribution Centre. Information about delivering the Consignment is available in the Delivery Notice or Arrival Notice.

7.2. If the Waiting Time is exceeded during the delivery of the Consignment, the Courier has the right to document an Unladen Journey and refuse from delivering the Consignment until the Client has paid an additional fee in accordance with the Price List.

7.3. In addition to the rule set out in clause 2.23, the person located at the Recipient’s address and accepting the Consignment is deemed to be the Recipient. The Recipient will sign the Proof of Delivery on the touchscreen of the Courier’s handheld terminal, first confirming that the information (incl. first name and surname, date and time) in the Proof of Delivery is correct. If the Recipient cannot sign the Proof of Delivery on the touchscreen of the Courier’s handheld terminal, the Courier will fill out the Proof of Delivery for the Recipient and sign it.

7.4. Usually the Recipient’s or their representative’s identity is not checked upon delivering the Consignment, and it is assumed that the person at the Recipient’s address has the right to accept the Consignment, unless the special terms of Service expressly require an ID check or the Parties have agreed so beforehand. DPD is not liable for any damage resulting from the above.

7.5. If the Recipient wishes for the Consignment to be opened before accepting it, the Courier will refuse to hand over the Consignment, document an Unladen Journey, and the Consignment will be returned in accordance with clause 9.

7.6. A Consignment is deemed to be delivered to the Recipient if:

a. The Courier has handed over the Consignment with the Proof of Delivery. If the Proof of Delivery is not documented for this service, the delivery of the Consignment is proven by the Courier’s scan record or any other written proof provided by DPD.

b. The Door Code has been inserted in the Pickup Parcel Locker.

7.7. If it is not possible to deliver the Consignment to the Recipient, and the Client has done the following:

a. Instructed DPD in a reproducible format (incl. in writing or by recorded voice message) to do so, the Courier may leave the Consignment at a place named by the Client (e.g., at the front door of the building at the Recipient’s address or other safe place), in which case the Courier will fill out and sign the Proof of Delivery instead of the Client. DPD is not liable for any damage resulting from the Client’s instructions.

b. Instructed DPD in a reproducible format (incl. in writing or by recorded voice message) to do so, the Courier may take the Consignment to a Pickup Parcel Locker.

c. Not instructed DPD or if the Client’s instructions cannot be followed, the Courier may take the Consignment to a Pickup Parcel Locker.

7.8. A Consignment that could not be delivered to the Recipient in accordance with clause 7.7.c or that is undeliverable (clause 7.10), it is taken to a Distribution Centre where the Consignment is stored for 7 calendar days before being returned to the Sender or the Client in accordance with clause 9. The Client will pay the Return Fee for the return and additional delivery attempts pursuant to the Price List.

7.9. DPD has the right to return the Consignment to the Client without following the terms set out in clause 7.8 if it is clear that the Consignment cannot be delivered. The Client will pay the Return Fee for returning the Consignment pursuant to the Price List.

7.10. Situations where delivery is impossible include, but are not limited to the following:

a. The Recipient refuses to accept delivery of the Consignment

b. The Consignment cannot be delivered due to circumstances set out in the special terms of Service not dependent on DPD. For example, the Recipient does not present an identification document for a Service with ID check, or the Recipient refuses to pay for the goods for a Payment on Delivery Service

c. The Consignment cannot be forwarded to the Recipient because their postal address is inaccurate, illegible etc.

d. The Recipient of the Consignment does not live or is not located at the address indicated on the Parcel Label and there is no information about their new location or place of residence

e. The Recipient does not take the Consignment out of the Pickup Parcel Locker within 7 days of receiving the Arrival Notice. In this case the Consignment is returned to the Sender. The Client will pay the Return Fee for the return of the Consignment pursuant to the Price List.

f. The Consignment cannot be delivered and the Parcel does not fit in the Pickup Parcel Locker.

7.11. Upon the Client’s request and if it is technically possible (clause 2.26) DPD will issue a copy or an extract of the Proof of Delivery to the Client.

8. RESTRICTIONS OF SERVICE AND PROHIBITED ITEMS

8.1. In certain cases, the provision of the Service by DPD is restricted or precluded, which is why DPD does not provide the Service, and the Client does not have the right to hand over items marked as prohibited in clause 8.3 and on the DPD Website for Forwarding or Spedition. The Client has the right to provide items under clause 8.4 for Forwarding or Spedition only in exceptional cases and upon a prior express agreement with DPD recorded in a reproducible format.

8.2. If DPD becomes aware that the Consignment includes items prohibited according to clause 8.3 or the DPD Website (or items not agreed upon with DPD according to clause 8.4), DPD has the right to refuse from providing the Service, suspend the performance of the Contract and at their sole discretion require the Client to pay the fee for the Service, as well as the Return Fee. If damages are incurred by DPD, the Client or a third party due to forwarding prohibited items, all damages will be covered and compensated by the Client, regardless of whether DPD was or should have been aware of the contents of the Consignment, the Client does not have the right to request that DPD compensate the damages (primarily according to clause 11), if such a Consignment is lost or damaged during transportation.

8.3. The Forwarding or Spedition of the following items is prohibited.

a. Consignments where packaging or labelling does not meet requirements (clause 5)

b. All goods considered dangerous according to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR):

     ba. Class 1 Explosive substances and articles

     bb. Class 2 Gases

     bc. Class 3 Flammable liquids

     bd. Class 4.1 Flammable solids, self-reactive substances, polymerizing substances and solid desensitized explosives

     be. Class 4.2 Substances liable to spontaneous combustion

     bf. Class 4.3 Substances which, in contact with water, emit flammable gases

     bg. Class 5.1 Oxidizing substances

     bh. Class 5.2 Organic peroxides

     bi. Class 6.1 Toxic substances

     bj. Class 6.2 Infectious substances

     bk. Class 7 Radioactive material

     bl. Class 8 Corrosive substances (such as bleach, drain cleaner)

     bm. Class 9 Miscellaneous dangerous substances and articles

c. Hazardous waste, medical waste, hypodermic needles and syringes

d. Body parts (incl. medical samples) or human remains, living or dead animals, fish or birds, or any living organism of any type

e. Frozen or perishable food

f. Firearms, weapons and parts thereof, including pneumatic weapons, ammunition

g. Fireworks

h. Precious metals (incl. jewellery and items made of precious metals), gemstones, genuine pearls and watches (e.g., watches by luxury brands)

i. Cash, coins, collector coins and stamps

j. Antiquities, luxury carpets, fur or other valuable items (such as unique items)

k. All storage media (e.g., memory stick with data, hard drive), documents (such as identification documents, driver’s licences, graduation diplomas, exam results, quotations, qualification diplomas, agreements, vehicle registration documents, insurance documents, bills of lading) Also, documents that can be exchanged for cash or goods (e.g., gift cards, cheques, vouchers, credit notes, bonds, shares, banknotes and freely transferable instruments equivalent to cash receipts and gambling tokens)

l. Ice

m. in the case of cross-border carriage for which CLASSIC EUROPE and CLASSIC SHOP General Terms apply, goods which it is prohibited to transport in accordance with the governmental, state or local government laws and regulations of the destination country

n. in the case of cross-border carriage for which CLASSIC EUROPE AND CLASSIC SHOP General Terms apply, Consignments and goods the shipping of which requires DPD to obtain a license and/or which do not meet the requirements of international conventions and legal norms of the country of origin, transit country or destination country, or which require a special authorization (for import or export)

o. Consignments for which value in accordance with CMR article 24 or special interest in accordance with CMR article 26 subsection 1 need to be declared, and Consignments for which value or special interest in accordance with article 22 of the Warsaw convention or article 22 of the Montreal convention need to be declared

p. Consignments with a value that exceeds the amount indicated in clause 2.12, regardless of whether the Client has ordered the corresponding Additional Insurance Service.

8.4. The Forwarding and Spedition of the following items is restricted:

a. Consignments the dimensions or weight of which do not conform with the Terms of Service

b. Batteries

c. Pressurised aerosol, e.g., hairspray, deodorant, spray paints etc.

d. Tobacco products, products related to tobacco products and their accessories, e-cigarettes and their accessories

e. Art and handicraft

f. Alcohol

g. Medications

h. Goods which need to be transported in a controlled temperature environment. Goods packed in a sterile environment (such as medical devices or equipment in sterile packaging)

i. Fresh produce (e.g., vegetables)

j. Liquid containers larger than 5 litres

k. Trees and plants, grass carpets etc.

8.5. If it is justified, DPD has the right to open, inspect and check the contents (incl. using an x-ray device) of the Consignment without prior notice without any legal consequences or liability. Opening, inspecting and checking the Consignment is justified primarily for the following purposes:

a. To ensure that the Consignment is safe and conforms to the law and Contractual Documents

b. To protect the contents of a damaged Consignment

c. To identify the Recipient or Sender of Consignment who cannot be identified otherwise

d. To prevent or avoid threats that the Consignment may pose to people or property

e. To fulfil a legal requirement or respond to an enquiry from a legally qualified administrative body

f. To detect whether the Consignment contains perishable goods and/or prohibited items listed in clause8.3, items not agreed upon specified in clause 8.4 and/or other items excluded with the Contract between the Parties.

8.6. The Client does not have the right to submit claims with regard to DPD opening, inspecting or checking the Consignment as set out in clause 8.5 and/or delayed delivery due to this.

9. RETURNING, DESTROYING OR DISPOSING OF UNDELIVERED CONSIGNMENTS

9.1. If the delivery of the Consignment in accordance with clause 7.7.c is not successful or if the Consignment is undeliverable, including in cases set out in clause 7.5, 7.8, 7.9 and 7.10, DPD has the right to return the Consignment to the Sender, or if this is not possible, to the Client. If the Consignment is returned, DPD has the right to charge a Return Fee from the Client.

9.2. If returning the Consignment to the Sender or the Client is not possible, DPD will store the Consignment or its contents at the Distribution Centre for six months as of the first occurrence of being undeliverable in accordance with subsection 31 (2) of the Postal Act, except if the contents of the Consignment are rapidly perishable or contain printed matter for advertising or marketing purposes or endanger people’s lives or health, in which case DPD may destruct the Consignment and its contents at their own discretion (subsection 31 (3) of the Postal Act).

9.3. Consignments which DPD has stored at the Distribution Centre for at least six months in accordance with clause 9.2 and which the Client has not claimed, will be transferred by DPD in a reasonable manner (e.g., via public auction or gifting for a charitable cause), directed to waste management or destroyed. Profits from the transfer will belong to DPD.

9.4. DPD has the right to request that the Client reimburse all costs and damages incurred due to opening, storing, returning, destroying and transferring the Consignments listed in this subclause. DPD reserves such a right even if the delivery of the Consignment is unsuccessful, the Consignment is undeliverable or returning the Consignment is not possible for reasons for which DPD is not responsible (including if the Client does not pay for the Service and DPD exercises the right of lien).

10.PAYMENT PROCEDURE

10.1. Client must pay DPD for the Service in accordance with

a. The Contract, if the Parties have expressly agreed in a reproducible format on prices different from the Price List for the Services or

b. The Price List.

10.2. If the Terms of Service and/or Price List change during the Contract period, DPD may provide the Service in accordance with the amended terms, and the Client is obligated to pay for the Service in accordance with the new Price List, except in case the Parties have expressly agreed otherwise, or the Client has expressly cancelled their order for the Service.

10.3. In some cases set out in the Contractual Documents, DPD has the right to require that the Client reimburse the extra costs incurred during the provision of the Service (e.g., cost of customs clearance, Consignment storage, extra costs incurred in a foreign country, if the Consignment does not conform to the posting requirements of the destination country) or damages (e.g., damages caused to another Client’s Consignment).

10.4. DPD has the right to require payment for the Service in advance and refuse from performing the Contract or suspend the provision of the Service until the prepayment has been transferred to DPD’s account. DPD is not liable for any damage resulting from the above. If the Client has paid for the Service in advance, but the Service is not provided or not provided fully due to reasons not depending on DPD, the prepayment will not be returned to the Client.

10.5. All other financial obligations not specified in clause 10.4 will be performed by the Client within 14 calendar days of receiving the respective claim or invoice from DPD. Invoices and claims are submitted to the Client’s email address and deemed delivered on the first workday following the day the invoice or claim was sent.

10.6. If DPD provides the Client a Service that was not agreed upon in prior by the Parties but was necessary due to the circumstances (e.g., avoiding greater damage, incorrect instructions from the Client), the Client undertakes to pay DPD for the Service pursuant to the Price List or to the costs directly incurred by DPD, whichever is bigger.

10.7. If a Party delays the performance of a financial obligation, the other Party has the right to demand an interest on arrears at the rate of 0.1% of the overdue amount for each day delayed.

10.8. DPD has the right to suspend the provision of the Service and/or the transfer of money accepted on the Client’s behalf while providing the Service to the Client if the Client has not properly performed their contractual obligations. DPD has the right to set off the sums they are required to pay to the Client with the sums the Client is required to pay to DPD. The Client does not have the right to set off the financial claims between DPD and the Client.

10.9. DPD has the right to transfer financial claims which the Client has not covered on time to third parties for debt recovery. All costs in relation to recovering the debt will be covered by the Client.

10.10. DPD may credit the Client’s account in accordance with the terms and in the amount set out in the credit limit rules.

11.PARTIES’ LIABILITY AND LIMITATIONS OF LIABILITY

11.1. DPD’s liability is limited. DPD only accepts financial liability for performing the Contract and will only compensate direct patrimonial damages incurred for DPD’s wrongful actions (intentional or due to gross negligence), and is liable for the actual value of the contents of a damaged or lost Consignment, but not in an amount greater than the maximum limit set out in clause 11.3. Indirect damages, including loss of profit, are not considered patrimonial damages.

11.2. In the case of Forwarding Services, DPD is liable for the Consignment as of accepting it from the Sender until it is delivered to the Recipient. In the case of Spedition Services, DPD is only liable for organising the Forwarding of the Consignment. If DPD is for whatever reason held liable for damage not included in the above, DPD’s corresponding liability is always limited by the maximum amount set out in clause 11.3.b.

11.3. The maximum amount of DPD’s liability under the Contract and/or in relation to providing the service is

a. 520 euros per Consignment for lost or damaged Consignments weighing up to 31.5 kg, 265 euros per Consignment for Consignments sent via a Pickup Parcel Locker

b. 8.33 SDR per every lost or damaged kilogramme of a Consignment for Consignments weighing over 31.5 kg via the Forwarding and/or Spedition service

c. Insurance compensation under Additional Insurance, if the Client has purchased Additional Insurance for the Consignment with the Order, up to 13,000 euros.

11.4. DPD calculates the value of the contents of the Consignment based on a document evidencing acquisition value (purchase invoice), which the Client is obligated to provide for proof. We accept documents from private Clients, which clearly prove the content and value of goods, e.g., copy of the payment confirmation of a sales transaction; excerpt of a PayPal transaction, payment order between private persons with the corresponding payment details, printout of an online auction, written confirmation from an online shop etc. DPD will reserve the right to ask the Client for supplementary documents not mentioned above (including but not limited to a legally binding declaration, denial letter, claims invoice) for handling international claims. As DPD is usually not aware of the contents of a Consignment, the Client is obligated to prove the contents of a lost Consignment. If the Consignment is damaged and the ordered Service was intended for transporting the item in the Consignment to maintenance, it is assumed that the item in the Consignment was already broken. The Client must prove the opposite.

11.5. The Actual Weight of the Consignment is taken into account when calculating the reimbursement amount paid by DPD.

11.6. If the Client proves that a delay in delivering the Consignment has damaged them, DPD will reimburse the Client damages in the maximum amount of the double price of the provided Service. Exceeding the estimated maximum delivery time three times over is considered a delay.

11.7. DPD will not compensate the Client for damages and expenses not specified in the Contractual Documents and DPD will also not indemnify damage caused to third parties.

11.8. The Client is liable for expenses and damages arising from the Client’s non-compliance with the terms and conditions of the Contract. The Client undertakes to pay in full for any Service which DPD was unable to properly provide due to any reasons depending on the Client.

11.9. DPD is not liable for completing customs documents or for the inaccuracy or insufficiency of data provided therein or for the payment of customs duty or value added tax. The Client undertakes to cover all expenses related to customs clearance.

11.10. If DPD provides Spedition Services to the Client, DPD is liable before the Client only as the broker of the carriage service, and will in no case be liable before the Client as the carrier.

11.11. DPD is not liable for breaches of obligation caused by what are considered to be force majeure circumstances. Force majeure includes any circumstances which DPD could not influence and which it could not be reasonably expected to have taken into account or avoided or surpassed the restricting circumstances of or their consequences while concluding the Contract. A pandemic or other international or intercontinental outbreak of disease, an adverse climate event, a power failure, a breakdown of communication lines, loss of Internet connection, malfunction of payment services, fire, explosion, war, introduction of legislation or its amendment etc. is also considered to be force majeure.

12.ENTRY INTO AND TERMINATION OF CONTRACT

12.1. The Contract enters into force upon being concluded between the Parties and is valid until all obligations under the Contract have been properly performed.

12.2. Either Party has the right to cancel the Contract without cause at any time by providing the other Party advance notice of at least 15 calendar days in a reproducible format.

12.3. If a Party does not fulfil its contractual obligations, the other Party has the right to cancel the contract, providing notification of this at least 5 calendar days in advance.

12.4. A Party undertakes to properly perform all its obligations arising before the Contract was cancelled, except in case the Party’s right to refuse from fulfilling the obligation is based on the Contractual Documents or the law. Regardless of the above, the Client undertakes to pay for all Services provided by DPD upon the expiry of the Contract.

12.5. All financial obligations between the Parties become due on the date of expiry of the Contract.

13.CLAIMS AND DISPUTE RESOLUTION, APPLICABLE LAW

13.1. A Claim for the loss of or damage to a Consignment is only considered to be submitted if it is sent via the DPD Website.

13.2. Parties rely on applicable law when submitting claims in relation to lost Consignmentsw.

13.3. A claim regarding a damaged Consignment must be submitted to DPD in 7 calendar days from the date the Consignment was delivered. In the claim, the circumstances and extent of damage must be described in detail. If the damage or partial loss of the Consignment is evident upon external visual inspection, but the Recipient accepted the Consignment and did not notify DPD of the damage or partial loss and submit a claim before the end of the next working day, it is deemed that the Consignment was handed over in a state prescribed in the Contract.

13.4. The Parties will resolve any disputes arising in relation to the Service through negotiations. Upon failing to reach an agreement, the dispute will be referred to Harju County Court as the court of first instance and resolved pursuant to Estonian law.

We process the personal data of the customer, the sender and the recipient in order to provide the service to the customer, i.e. to receive consignments, make payments, sort, transport, customs and delivery.

We process the personal data of participants of campaigns for the purpose of conducting the campaign, and the personal data of persons who have contacted us to process and respond to requests. The purpose of the satisfaction survey is to collect feedback and map the satisfaction of target groups with the services we offer, which is why we also process data for this purpose. We also use the feedback we receive to improve our services. We may also use your contact information to provide you with the information you need.

We use the information automatically collected when you visit the DPD website to develop and customise the DPD website, identify and resolve technical issues, compile usage statistics, and for other purposes in order to improve our activities.

If you have joined our mailing list, we will use your contact details to send you various offers. You have the right to unsubscribe from our offers at any time.

For other purposes, we only process your personal data with your prior consent.

Duration of retaining your personal data

We process personal data as minimally as possible. As a general rule, we retain personal data for as long as it is necessary to fulfill the purpose for which it was collected (see above), taking into account legal requirements (e.g. the Accounting Act), or as long as necessary to protect our legitimate interests (e.g. to file or defend claims). We may process personal data provided on the basis of consent until the consent is withdrawn.

Methods of collecting personal data

Generally, you provide us with your personal data yourself. This may occur during the shipment of a consignment in the online service, pick-up parcel locker, pick-up parcel shop, by e-mail or in accordance with an agreement entered or to be entered into with you, as well as by participating in our campaigns or contacting us.

When you visit the DPD website, we collect certain information automatically.

We usually receive the recipient's personal data required for the transport of a consignment from the customer or the sender. By entering into an agreement, the customer confirms that he/she or the sender has the right to transfer the recipient's personal data to us and we have the right to process it in ways described in this Privacy Policy.

Recipients of personal data

We only transfer your personal data to the following persons:

a) Our subcontractors that we use to provide the service (e.g. a pickup parcel shop). We remain fully responsible for the processing of your personal data when using subcontractors

b) Persons and institutions that require it for the provision of the selected service to the customer (e.g. insurance companies, customs, payment institutions. We will provide such persons and agencies with only the kind of personal data and only to the extent necessary to provide the selected service or as required by law)

c) Persons to whom the transfer of personal data is required by law (e.g. supervisory authorities)

d) Persons who it needs to be transferred to protect our interests (e.g. to detect or investigate fraud, to provide legal or other advice).

The sender's contact information is also visible to the recipient.

How we protect your personal data

We implement appropriate organisational, technical and physical safeguards to protect your personal data. Although we take steps to prevent or reduce this, the information on a parcel label may also be visible to third parties.

Your rights

You have all the rights under the Personal Data Protection Act, in particular

- the right to be informed whether DPD processes your personal data and, if so, to access and examine the aforementioned data;

- the right to request the correction of incorrect personal data if it is insufficient, incomplete or incorrect;

- the right to receive your personal data which you have provided and which is processed on the basis of your consent or for the performance of an agreement, in writing or in a commonly used electronic format, including the right to request data portability to another service provider;

- the right to object to the processing of your personal data, as well as the right to request the deletion of personal data. However, this right becomes invalid if the personal data you request to delete is also processed on other legal bases;

- the right to restrict the processing of your personal data under the applicable law;

- the right to withdraw your consent to the processing of personal data;

- the right to lodge a complaint regarding the use of your personal data to the Estonian Data Protection Inspectorate or a court if you find that the processing of your personal data infringes your rights and interests under the applicable law;

- the right to consent to or prohibit the use of your data for direct marketing or marketing purposes.

DPD may refuse to comply with your request for access:

- if it might damage the rights and freedoms of other persons;

- if it might hinder the prevention of a criminal offence or apprehension of a criminal offender;

- if it might complicate the ascertainment of the truth in a criminal proceeding;

- if it might endanger the protection of the confidentiality of filiation of a child;

- if the data has been deleted;

- in other cases provided by law.

If you find that your rights have been violated, you have the right to seek justice from the Data Protection Inspectorate (www.aki.ee) or a court.

Cookies

Cookies are small text files that are installed on your computer by websites you visit. Cookies enable the identification of your device when you visit websites. Websites use cookies to provide you with a more personalised user experience and more convenient navigation. For example, cookies allow you to remember your preferences or skip logging in to a website every time you visit it.

You can change cookie settings and delete cookies from your browser (Internet Explorer, Firefox, Chrome, etc.) settings:

Internet Explorer: http://support.microsoft.com/kb/278835

Chrome: https://support.google.com/chrome/answer/95647?hl=en

Firefox: http://support.mozilla.org/en-US/kb/Clear%20Recent%20History

Opera: http://www.opera.com/browser/tutorials/security/privacy

Safari: http://support.apple.com/kb/PH5042

The following types of cookies are used on the DPD website:

a) Strictly necessary / essential cookies, which are important for navigating websites and using the options chosen by the user.

b) Performance cookies, which collect information about how users use websites, such as which websites they visit most often and what error messages they receive from websites. The purpose of these cookies is to improve the performance of websites.

c) Functionality cookies, which enable sites to remember the choices made by the user (such as text size, other properties that can be changed on the website) and attributes (such as username, language or country where the user is located) to provide more personalised opportunities for using the website.

(d) Targeting / advertising / behaviourally targeted advertising cookies, which allow the display of personalised ads to the user and the conduction of market research and analysis using data obtained from websites regarding the user's behavior and interests. The information obtained may be shared with ad networks and ad service providers.

e) Cookies used for multimedia presentation, which store technical information necessary for the presentation of video or audio material, such as image quality, network connection speed and caching parameters.

f) Communication plugin cookies for sharing content. Several social networks offer social plugin modules that allow social network users to share their favorite content. Such plugins store cookies on the user's end device and have access to them so that the social network could identify its members who interact with such plugins.

If a cookie is necessary for providing a service that the user has explicitly requested, your consent is not required for using the cookie.

Cookies are stored for the storage and recognition of site visitors. These have a maximum duration of 13 months and are automatically deleted after that.

Contact information

Should you have any questions, comments or complaints regarding this Privacy Policy or the processing of your personal data, please contact us through the DPD Website.

1. GENERAL PROVISIONS

2. DEFINITIONS

3. GENERAL PRINCIPLES FOR PROCESSING

4. CONFIDENTIALITY AND SECURITY MEASURES

5. CONTROL MEASURES

6. LIABILITY, LIMITATIONS THEREOF, AND FORCE MAJEURE

7. OTHER TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1 DPD Eesti AS (hereinafter: DPD) offers various national and international services to Customers (for the purposes set out in the DPD Estonia Standard Terms and Conditions). These DPD standard terms and conditions for processing personal data (hereinafter: DPTC) shall be applicable to all contracts entered into in connection with services offered by DPD, within the context of which the contractual parties, inter alia, process personal data (incl. contracts for the provision of Services, cooperation agreements, etc.). By entering into a contract with DPD, the other party to the respective contract confirms that they have examined the terms and conditions set out in these DPTC, they consent to them and undertake to comply with them.

1.2 The DPTC shall be an integral part of the contract to be entered into between the parties. The parties may fully or partially exclude the application of the DPTC in the contract or agree otherwise than set out in the DPTC. The respective agreement shall be entered into in writing or in a format which can be reproduced in writing. DPD shall have the right to not perform its contractual obligations or suspend the performance thereof for such time when there is no valid agreement between the parties with regard to the processing of personal data.

1.3 The DPTC shall be applicable to a contract entered into between the parties irrespective of the format of entering into the contract (e.g. through e-service, via e-mail, in writing, electronically).

1.4 Unless otherwise has been expressly set out, the definitions of the DPTC shall be used with the same meaning as they have been used in the DPD standard terms and conditions for the provision of service (hereinafter: Standard Terms and Conditions), the Terms and Conditions of the Website and the Privacy Policy (hereinafter all together: Contractual Documents). The DPTC and the Contractual Documents shall be available on the DPD Website and shall be communicated to the other party via e-mail on the basis of the respective request. DPD shall be entitled to unilaterally amend the DPTC. The amended DPTC shall be published on the DPD Website.

1.5 In the event of conflicts between different regulations concerning personal data, the DPTC shall prevail, unless the parties have expressly agreed otherwise.

2. DEFINITIONS

2.1 Data subject means a natural person identified or identifiable based on personal data.

2.2 Documented Instructions mean any order that address the processing of personal data and that the data subject, Customer or another representative of the controller or processor in the present case has given to DPD.

2.3 Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, etc.

2.4 Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.5 Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

2.6 Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

3. GENERAL PRINCIPLES FOR PROCESSING

3.1 Processing of personal data pursuant to the rules set out in these DPTC generally takes place in connection with the provision of national and/or international services by DPD (content of processing).

3.2 Types of personal data to be processed, the purpose and nature of processing as well as the duration of processing depend on the specific contractual relationship entered into by the parties, but shall, as a rule, be the following:

Type of personal data	Purpose/nature of processing	Duration of processing
Customer’s name, phone number, e-mail address, address or location (if necessary)	Entering into and performing a contract	Until the expiry of the right of claim but no more than 7 years
Sender’s name, personal identification code or date of birth, phone number, e-mail address, address or location	Performance of a contract	Until the expiry of the right of claim but no more than 7 years
Recipient’s name, personal identification code or date of birth, phone number, address or location. Recipient’s document number, copy of an identification document	Performance of a contract	Until the expiry of the right of claim but no more than 7 years

3.3 DPD shall process personal data in accordance with the DPTC, Documented Instructions and the applicable law. DPD shall implement appropriate technical and organisational measures upon processing, including if DPD involves a subprocessor, it shall grant to the latter relevant Documented Instructions and shall ensure that the same data protection obligations are applicable with regard to the respective person as are applicable with regard to DPD and the data subject, the Customer or another responsible/authorised person.

3.4 DPD shall be entitled to involve a third person (so-called subprocessor) in the processing, in which case

3.4.1 the same obligations shall apply with regard to the subprocessor as are applicable with regard to DPD and the data subject, the Customer or another controller/processor, and

3.4.2 processing by the subprocessor shall take place in accordance with the applicable legislation, including the requirements of the General Data Protection Regulation (EU) 2016/679 (hereinafter: Regulation).

3.5 The right to involve other processors set out in clause 3.4 shall be understood as a general written authorisation specified in Article 28 (2) of the Regulation. Upon a justified request of the data subject or a relevant controller/processor, DPD shall submit to them information concerning the relevant subprocessor. In the event that the data subject, Customer or another relevant controller/processor does not consent to the processing of respective personal data by the relevant subprocessor, a respective objection shall have to be submitted to DPD at least in a format which can be reproduced in writing.

3.6 DPD shall implement necessary measures in order to assist the data subject, Customer or another controller/processor upon the fulfilment of their obligations in connection with exercising the rights of the data subject laid down in Chapter III of the Regulation (incl. the data subject’s right to information and access to personal data, right of access, right to request the rectification or erasure of personal data or restriction of processing of personal data).

4. CONFIDENTIALITY AND SECURITY MEASURES

4.1 DPD shall maintain the confidentiality of personal data and shall not disclose personal data to any person who is not authorised as such. Duty of confidentiality shall not apply to the information that:

4.1.1 is available to the public without any activity by DPD;

4.1.2 DPD can disclose pursuant to a written consent or a consent in a format which can be reproduced in writing granted by the data subject, Customer or another controller/processor;

 4.1.3 is mandatory to be disclosed pursuant to the law.

4.2 DPD shall take all measures in order to prevent personal data from falling in the hands of third persons not authorised as such.

4.3 DPD shall implement information technological, organisational and regulative measures in a manner than complies with the requirements of law and ensures the protection of the rights of the data subject.  DPD shall do its utmost to ensure that the implemented technological and organisational measures protect personal data against destruction, alteration, unauthorised access and unauthorised processing. If relevant and necessary, DPD shall request Documented Instructions concerning the security measures from the Customer or another controller/processor. In the event that DPD believes that the Documented Instructions given to DPD are not in accordance with the law, the person who submitted the Documented Instructions shall be obligated to promptly amend them.

4.4 DPD shall implement necessary and relevant measures in order to inform the Customer or another controller/processor of personal data breaches within twenty-four (24) hours after learning thereof, unless the breach does not pose a threat to the rights and freedoms of the data subject. In the cases provided for by law, DPD shall inform the data subject of a personal data breach. If possible, DPD shall assist the Customer or another controller/processor in the proceedings of personal data breaches, including assist them in notifying a competent public authority of a personal data breach in accordance with the Regulation. Additionally, DPD shall, if possible, assist the specified persons in carrying out a data protection impact assessment and/or consulting the supervisory authority if this is required in order to comply with the Regulation.

4.5 DPD shall generally not transfer personal data to third countries as specified in the Regulation and shall not make personal data available in such third countries nor process personal data in third countries in any way. In the event that the service offered by DPD includes transferring data to and processing data in a third country for the purposes of the Regulation, it shall be carried out pursuant to the Documented Instructions and in accordance with the applicable law.

5. CONTROL MEASURES

5.1 DPD shall make all available to the person authorised as such pursuant to the law all information necessary to demonstrate compliance with the obligations applicable to the person as a controller/processor. In cases provided for by law, DPD shall allow for and contribute to audits, including inspections, conducted by the controller or another person mandated by the controller.

5.2 Audits shall take place during regular working hours and shall be notified of in writing or in a format which can be reproduced in writing reasonably in advance. Audits shall not interrupt or unreasonably interfere with or damage the business activity of DPD in any way. The auditor shall be a person accepted by DPD who has beforehand undertaken the duty of confidentiality with a contract under the terms and conditions specified by DPD. DPD may propose alternative solutions for monitoring or inspecting the fulfilment of obligations.

5.3 In the event that a data protection authority or another (supervisory) authority initiates a review of processing or if a data subject submits a complaint concerning the processing carried out by DPD, DPD shall inform the relevant controller thereof and shall assist the controller with documents and other relevant information.

5.4 DPD shall cooperate with a data protection authority or another supervisory authority associated with processing, including upon carrying out supervision in DPD’s premises, under the terms and conditions provided for by law.

6. LIABILITY, LIMITATIONS THEREOF, AND FORCE MAJEURE

6.1 Any liability of DPD regarding processing and breaches associated with thereof shall be limited, and in the event of damage caused in connection with a personal data breach, DPD shall be liable only in case of fault and for direct material damage caused by the breach.

6.2 DPD shall not be liable for breaches that have arisen due to the occurrence of force majeure. Force majeure shall be any unforeseeable events that have not been caused by DPD or another party to the contract or which they cannot control (e.g., fire, explosion, natural disasters, war, decisions by authorities and governmental bodies, interruption of internet connection, errors in payment services, etc.).

7. OTHER TERMS AND CONDITIONS

7.1 DPD confirms that it processes personal data only for the purposes of performing the contract, and if processing is no longer required for performing the contract, personal data shall be deleted, destroyed or returned to the transmitter, unless the preservation of data is necessary and permitted for DPD pursuant to the law (e.g. for the establishment, exercise or defence of legal claims).

7.2 The Regulation and the law of the Republic of Estonia shall apply to the DPTC.

7.3 Disputes shall be resolved by way of negotiations. In the event that an agreement in not reached, the dispute shall be settled at Harju County Court pursuant to Estonian law.

Processing of personal data pursuant to the rules set out in these DPTC generally takes place in connection with the provision of national and/or international services by DPD (content of processing)