1. GENERAL PROVISIONS
3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE
4. SUBMITTING AND AMENDING ORDERS
5. PACKAGING, LABELLING, LOADING AND FASTENING THE CONSIGNMENT
6. ACCEPTANCE OF CONSIGNMENT BY DPD
7. DELIVERY OF CONSIGNMENT
8. LIMITATIONS TO SERVICE AND PROHIBITED ITEMS
9. RETURN, DESTRUCTION OR DISPOSAL OF UNDELIVERED CONSIGNMENTS
11.PARTIES’ LIABILITY AND THE LIMITATIONS THEREOF
12.ENTRY INTO AND TERMINATION OF CONTRACT
13.SUBMITTING CLAIMS AND NOTIFICATIONS, DISPUTE RESOLUTION AND APPLICABLE LAW
1. GENERAL PROVISIONS
1.1. These standard terms of service (hereinafter Standard Terms) for DPD Eesti AS (hereinafter DPD) regulate the relations between DPD and the Client (hereinafter also Party or Parties) and are an intrinsic part of the Service Contract (hereinafter Contract) entered into between DPD and the Client. The standard terms apply to all Service Contracts entered into by DPD and the Client, except if it is explicitly stated otherwise in the Contract entered into by the Parties.
1.2. The standard terms list the definitions used in the Contract and specify the rights and obligations of DPD and the Client.
1.3. In addition to the Standard Terms, the Parties are required to follow the Contract, Price List, (Special) Terms of Service (hereinafter also Terms of Service) and other terms and conditions determined by DPD in relation to the Service and available to the Client via the DPD Website or Online Service (all of the aforementioned documents are hereinafter jointly referred to as Contract Documents). Additionally, in their communication, the Parties shall proceed from the 2015 general conditions of the Estonian Logistics and Freight Forwarding Association (ELEA General Conditions 2015), the Estonian Logistics and Freight Forwarding Association’s general terms and conditions for warehousekeepers (ELEA General Terms for Warehousekeepers) and the CRM convention in questions that are not regulated in the Contract Documents.
1.4. Special Terms of Service are specified in the Contract and Terms of Service but may also proceed from other Contract Documents. If there is a conflict between the Contract Documents, the order of priority is as follows: a. Contract b. Terms of Service c. other terms and conditions determined for the Service by DPD (e.g., instructions on packaging and labelling) d. Standard Terms e. Price List.
1.5. The Standard Terms, Price List, Terms of Service and other terms and conditions specified for the Service are prescribed by DPD who may also unilaterally amend them, incl. if
a. it is necessary due to a change in applicable legislation or the interpretation thereof
b. a new Service is implemented or an existing Service is amended or discontinued
c. changes are made owing to repeated Client feedback
d. a court decision or administrative act requiring DPD to make the change enters into force
e. changes are made to how work is organized at DPD
f. technological developments occur which allow DPD to improve the quality and/or security of the Services
g. unforeseen circumstances occur that reasonably necessitate the change.
1.6. DPD shall notify of amending Contract Documents via the DPD Website at least two weeks before the changes enter into force. Clients will not be separately notified of the amendments. If a Client does not agree to the amended terms and conditions, they have the right to terminate the Contract under clause 12.2. If the Client continues to use DPD Services after the amendments enter into force, it is deemed that they have agreed to the amendments. The amendments that entered into force do not apply to a Service that has been ordered and paid for before the amendments entered into force, except if DPD has explicitly stated otherwise or if the amendments do not affect using the Service or do not cause the Client unreasonable harm.
1.7. Contract Documents, incl. Standard Terms, Price List, Terms of Service etc. are available on the DPD Website. The Client must always make sure that they are proceeding from currently valid Contract Documents in entering into the Contract or submitting an Order. DPD shall forward the Contract Documents to the Client via e-mail upon their request.
1.8. Entering into a Contract for the provision of Service may occur in any format, incl. but not limited to via the Online Service, in written format or in a format reproducible in writing. The placing of an Order by the Client is considered entering into a Contract since the moment DPD proceeds with performing the Order.
1.9. By placing an Order or approving DPD’s quotation, the Client confirms that they have reviewed the Standard Terms, agree to them and undertake to perform them. DPD has the right to refuse from providing the Service if it is unclear whether the Parties have entered into a valid Service Contract or whether the Parties have reached a clear agreement on all issues important in the provision of the Service.
1.10. The customs and practices developed during the cooperation of the Parties form an intrinsic part of the Contract only if this does not conflict with the Contract Documents and regulations specified in clause 1.3.
1.11. Terms and conditions specified in paragraphs a, b and/or c under clause 1.11 apply to cross-border Services (i.e., the source or destination state of a Consignment is outside Estonia), while Standard Terms apply only to the extent that they do not contradict the former. In the case of cross-border Service, the following apply:
a. international agreements or conventions (e.g., the CRM convention) valid for the relevant service and compulsory by law for DPD as a carrier and freight forwarder, and
b. General Terms and Conditions of the Service Provider for the CLASSIC EUROPE and CLASSIC SHOP Services in Selected Countries, available on the DPD Website, if the Consignment is transported across the border from a selected country listed in Annex 1 of the referenced terms and conditions to a destination country listed in Annex 2, and
c. Requirements specified in the laws of the Consignment’s destination state and/or the special requirements of a company belonging to the same group as DPD, which has been involved in providing the Service (e.g., means of transporting the Consignment, requirements for labelling Consignments). The requirements are available to Clients at www.dpd.com. DPD is not liable for any costs and damages incurred during the provision of cross-border Service that arise owing to the aforementioned circumstances.
1.12. Upon the provision of 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 Standard Terms.
1.13. DPD and the Client communicate in Estonian, if possible also in English and Russian. The Standard Terms and, in general, also the Terms of Service, are available in these languages. If there is a divergence between the versions of the Contract documents in Estonian and foreign languages, the Estonian text shall prevail, expect for the General Terms and Conditions for CLASSIC EUROPE and CLASSIC SHOP, in the case of which the English text shall prevail if a conflict arises.
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 unless the disclosure of the information is necessary in order to perform an obligation arising from the Contract or the law.
The following definitions are used in the Standard Terms. 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 of the forklift’s forks must be under the pallet to the full extent and guarantee safe handling for the duration of transport). Consignments with an Actual Weight of more than 31.5 kg must be placed on a Pallet.
2.2. DPD Website
2.3. DPD Website www.dpd.ee or any other publicly available website referred to in the Contract Documents. DPD has the right to upload and close the DPD Website, as well as develop and modify the contents thereof.
2.4. Forwarding Service (Forwarding) A process that involves the acceptance of the Consignment directly from the Sender through the Pickup Parcel Shop or a Pickup Parcel Locker, the sorting, transport and delivery of the Consignment to the Recipient by a Courier, through the Pickup Parcel Shop or a Pickup Parcel Locker.
2.5. Online Service DPD’s Internet-based self-service environment (incl. but not limited to telli.dpd.ee, www.dpd.ee), where Clients can place and manage Orders.
2.6. Freight Service (Freight Forwarding) The Service of organising the transport of a Consignment and additional services related to this agreed upon by the Parties (e.g., storing, sorting the Consignment). If there is doubt over whether the Parties are dealing with a Forwarding or Freight Service, they shall proceed from the assumption that DPD provides Freight Services. In the case of Freight Service, the ELEA General Conditions 2015 shall be applied to issues left unregulated in the Standard Terms.
2.7. Price List Fees published on the DPD Website or Online Service that are payable by the Client to DPD upon the performance of the Service. If the Parties have agreed upon Service Fees in a written Contract, the prices specified in the respective Contract shall apply until the next Price List amendment by DPD, except if the Parties have explicitly agreed otherwise.
2.8. Distribution Centre (Terminal) A building or space where Consignments are sorted and stored. If it is reasonably necessary, DPD shall notify the Client of the exact location of a Consignment.
2.9. Client A person to whom DPD provides Service or who has contacted DPD with such a request. 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 (e.g., representatives, employees) are considered the acts of the Client, for which the Client is liable as if these acts were their own.
2.10. Courier A person wearing a DPD uniform (e.g., an employee or a person providing Service on DPD’s behalf) who provides the actual Service.
2.11. Delivery Notice A notice sent by DPD (by SMS, e-mail 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.
2.12. Loading Area The location where the Consignment identified in the Order is loaded or unloaded. 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 or unloading takes place at a higher floor than the 5th, there must be a working elevator that accommodates the Consignment; if the Consignment weighs more than 100 kg, DPD has the right to apply an additional fee specified in the Price List (e.g., transport within building).
2.13. Additional Insurance An additional service for insuring Consignments against damage that may arise during Forwarding upon the terms and conditions listed under the insurance terms and conditions. The maximum amount of the Additional Insurance benefit is 13,000 euros and it is applied only to the contents of the Consignment. The Additional Insurance agreement is valid only if it is entered into in a format reproducible in writing before DPD accepts the Consignment.
2.14. Additional Service A service that supplements or provides added value to the Service, for which the Client pays an additional fee to DPD (e.g., customs clearance, identification, cash on delivery, additional insurance).
2.15. Volumetric Weight An indicator calculated on the basis of a Consignment’s measurements that helps to determine how large an area the Consignment will occupy in a vehicle. Volumetric Weight is calculated according the following formula: length (cm) × width (cm) × height (cm) / 4,000 (i.e., 1 m3 = 250 kg). If the Actual and Volumetric Weight of a Consignment differ, DPD has the right to proceed from the larger of the two in providing the Service or determining pricing.
2.16. Waiting Time An up to 10-minute time period for the Courier to accept a Consignment from a Sender or deliver it to a Recipient. DPD is not responsible for any damage that may arise from exceeding the Waiting Time under circumstances independent from DPD or the acts or omissions of the Courier.
2.17. Parcel Label/Labelling A single-use Consignment note attached to or written on the Consignment that contains the data necessary for providing the Service and concerning the Consignment. The Parcel Label must be on that side of the Parcel that faces up, it may not be damaged, illegible, written over or attached to multiple sides of the Parcel. In case of pallets, the Parcel Label must be on the side of a Pallet. In the case of Freight Service, DPD shall provide instructions on attaching a Parcel Label each time. Only the Latin alphabet and Arabic numerals may be used on the Parcel Label, abbreviations or symbols are prohibited. DPD has the right to unilaterally prescribe additional requirements for Consignment labelling, publishing these on the DPD Website or at the Online Service. The Client is responsible for labelling the Consignment, incl. properly filling in and attaching the Parcel Label. DPD is not liable for any damage arising from nonconformity to labelling requirements or the insufficiency of information provided on the Parcel label for the purposes of the proper performance of the Service.
2.18. Parcel A properly packaged and labelled object (incl. a Courier Parcel or Pickup Parcel) the permissible measurements, weight and other parameters of which are specified on the DPD Website or at the Online Service and that has been handed over to DPD for the provision of Forwarding services. The Client is required to guarantee that the Parcel conforms to DPD requirements.
2.19. Pickup Parcel Locker A device located at the site indicated on the DPD Website that is open round the clock and that allows accepting Parcels from Senders and delivering them to Recipients in exchange of a locker door code. DPD has the right to unilaterally prescribe additional requirements and instructions for using the Pickup Parcel Locker, publishing these on the DPD Website or at the Online Service.
2.20. Pickup Parcel Shop A company (e.g., shop, petrol station) operating at the location indicated on the DPD Website, where a Parcel is accepted on behalf of DPD or delivered to a Recipient in exchange of a PIN Code forwarded via SMS or an identity document. If a representative of the Recipient is to take delivery of the Parcel, the representative must, in addition to the PIN Code, also state the number of the Parcel and the name of the Recipient. DPD has the right to unilaterally prescribe additional requirements and instructions for using the Pickup Parcel Shop, publishing these on the DPD Website or at the Online Service.
2.21. Actual weight The weight of a Consignment in kilograms. Parties proceed from the premise that the weight of a Consignment is accurately marked on the Parcel Label. If, however, DPD weighs the Consignment in performing the Service and it turns out to be heavier than the weight marked on the Parcel Label (+/- 0.1 kg), DPD will proceed from the actual weight of the Consignment. DPD has the right to refuse from performing the Service and demand a Return Fee if the Actual Weight turns out to be greater than the weight marked on the Parcel Label. If the Actual and Volumetric Weight of a Consignment differ, DPD has the right to proceed from the larger of the two in providing the Service or determining pricing.
2.22. Arrival Notice A notice sent (via SMS, e-mail or in another format reproducible in writing) by DPD to the Recipient of the Consignment about the arrival of the Consignment at the Pickup Parcel Locker or a Pickup Parcel Shop and taking delivery.
2.23. Consignment A Parcel or Pallet that has been properly packaged and labelled and the journey and delivery of which can be monitored. Parcels or Pallets packaged separately are treated at separate Consignments.
2.24. Sender A person who delivers a Consignment to DPD for the provision of the Service on behalf of the Client.
2.25. Recipient A person marked as the recipient of a Consignment on the Parcel Label or a person who has the right to take delivery of the Consignment on behalf of the Recipient or any other person to whom the Consignment must be delivered according to the wishes of the Client or Sender, whereas a person located at the Recipient’s address marked on the Parcel Label is considered the Recipient.
2.26. Consignment Documents Documents necessary to conduct customs and other formalities related to the Consignment.
2.27. Return Fee The fee payable by the Client to DPD for returning the Consignment to the Sender.
2.28. Confirmation of Delivery A confirmation of delivery of the Consignment given by the Client, Sender or Recipient by signing a touchscreen of the Courier or at a Pickup Parcel Shop and by entering the door code at a Pickup Parcel Locker. In general, DPD maintains Confirmations of Delivery up to 3 months as of delivering a Consignment; as a rule, Confirmations of Delivery made via the Online Service are maintained 6 months as of the delivery of a Consignment. If the means of providing a Confirmation of Delivery are changed or supplemented, this is not considered to be an amendment of the Standard Terms.
2.29. Service The Forwarding, Freight and/or Additional Service provided to the Client by DPD. The term ‘Service’ also encompasses services not included in the definitions of Forwarding, Freight 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.
2.30. Order A Client’s order for the provision of Service.
2.31. Unladen Journey A journey made in relation to accepting or delivering a Consignment, as a result of which the Consignment cannot be accepted from the Sender or delivered to the Recipient due to reasons independent from DPD or the Courier. DPD has a right to charge a fee from the Client for Unladen Journeys under the Price List.
2.32. Door Code A numerical code which is included in the Arrival Notice that opens the door of the locker which contains the Consignment at the Pickup Parcel Locker.
3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE
3.1. DPD may use third persons in performing the Contract and providing the Service. DPD discloses information to third parties only to the extent it is necessary for them to properly provide the Service. DPD will do everything in its powers to ensure that the third parties maintain the confidentiality of the information received. The acts of such third parties are considered the acts of DPD for which DPD is liable as if these acts were its own, except for cross-border Transport, in the case of which rules specified in clause 1.11 shall 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, load these onto a single vehicle.
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 required to compensate DPD for all expenses and damages incurred in relation to access to (e.g., paid entry) or stopping at (e.g., paid parking) the Loading Area.
3.5. DPD does not forward Consignments poste restante or to post office box addresses. DPD does not offer Services that require declaring value or special interest (CMR articles 24 and 26, also article 22 of the Warsaw Convention and article 22 of the Montreal Convention). DPD has the right to refuse from providing Service if the Client requests a Consignment to be Forwarded to a Recipient receiving inpatient hospital care or a Recipient at a custodial institution.
3.6. Consignments must be handed over to DPD in a closed package; DPD does not know or check the contents of a Consignment, except if it has been stated otherwise in the Standard Terms. The Client is responsible for the contents of the Consignment and by submitting the Order, the Client represents that the Consignment meets the requirements of the Contract (incl. clause 8of the Standard Terms) and the law. The contents of the Consignment may not disturb, damage or endanger people, property or other Consignments.
3.7. The (special) terms of service are available at 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 the Terms of Service. The estimated times of delivery are generally available at 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 instructions have been provided. DPD is not liable for damage resulting from lacking or incorrect instructions or delays in providing instructions.
3.9. If the Client is neither the Recipient nor the Sender, DPD shall presume that the Recipient and Sender have the same rights as the Client (see clause 2.9). If the Recipient, Sender or Client as well as their representatives do not have the right to provide 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 of this at least in a format reproducible in writing no later than upon submitting the Order. If DPD becomes aware of such restrictions after the Order has been placed, DPD may abide by them but is not required to do so and is not liable for any damage resulting therefrom.
3.10. DPD is not liable for the required active legal capacity or right of representation of the Client, Sender, Recipient or their representatives or the verification thereof, which means, inter alia, that DPD does not check the aforementioned circumstances upon accepting a Consignment for Forwarding or delivering it, except if it is providing a Service, the special term of which is verifying identity or right of representation.
3.11. DPD has a right of security in relation to the Consignment to secure the claims arising from the Contract. Upon exercising the right of security, it is irrelevant whether a respective claim is related to a specific Consignment regarding which the right of security is exercised and what the value of the claim is in proportion to the value of the Consignment. DPD may exercise the right of security on the Client’s Consignment also if the claim 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 security. In addition, DPD has, inter alia, the right to request a fee for storing such a Consignment.
3.12. If the Client has entered into a written Contract with DPD to order a Service, but does not use the Service on a regular basis, DPD has the right to apply an operational availability fee upon the terms and conditions and pursuant to the volume specified in the Price List and the respective Terms of Service.
4. SUBMITTING AND AMENDING ORDERS
4.1. The Client can submit an Order for the provision of Service through the Online Service, a Pickup Parcel Locker, via e-mail to the DPD customer service or in any other form pursuant to the Contract. In the Order, the Client will submit essential data (e.g., the weight and dimensions of the Consignment, details of the Sender and Recipient, point of origin and destination, Incoterms, if they are important 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 for the purpose of ensuring the accurate pricing and proper provision of the Service. Amending the Order is allowed only upon the agreement of the Parties.
4.2. If it proceeds from the customs and practices developed during the prior cooperation of the Parties or if the Client has expressly requested it, DPD shall provide a Service price quotation for the Client. DPD shall base the price quotation on the information provided by the Client (incl. the weight and/or measurement listed in the Order). If the actual weight or measurements turn out to be larger upon the provision of the Service, DPD has the right to increase the Service fee accordingly or refuse from providing the Service and request a Return Fee. If the Client approves DPD’s price quotation, the Contract is considered to have been entered into from the time when DPD received the Client’s non-conditional approval. If the Client provided their approval in a format other than reproducible in writing and DPD has proceeded with providing the Service, it shall presume that the Client approved DPD’s price quotation and the Parties entered into a Contract for the provision of the Service.
5. PACKAGING, LABELLING, LOADING AND FASTENING THE CONSIGNMENT
5.1. The Client is responsible for packaging and labelling the Consignment.
5.2. The Client is required to pack the Consignment in line with its contents, weight, shape, measurements, type and duration of Forwarding. The contents of the Consignment must be protected from any and all effects which may result from the automatic sorting and mechanical handling of Consignments (edge, corner or side drop height 80 cm), weather or other circumstances that may reasonably arise in the course of Forwarding. It must not be possible to open the package in a way that makes it impossible to later definitively ascertain that it was opened. Recommended instructions on the correct packaging of a Consignment are available on the DPD Website.
5.3. The Client is requested to mark the correct contact details of the Sender and Recipient (including, but not limited to the name of a legal or natural person, location, telephone, name of contact person) on the Parcel Label attached to the Consignment. The Client must take into account the specifics of their Consignment. Recommended instructions on the correct labelling of a Consignment are available on the DPD Website.
5.4. DPD does not assume liability for labelling and packaging the Consignment upon accepting the Consignment; neither is DPD liable for checking whether the Consignment has been properly labelled and packaged. If DPD discovers deficiencies in the labelling or packaging of the Consignment, it 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 required to compensate for all damages arising from the improper packaging and labelling of the Consignment.
5.5. The Client is required to provide DPD sufficient and timely instructions to guarantee the preservation of the contents of the Consignment upon the provision of the Service and prevent damage to the Consignment or the contents thereof, as well as damage to health and property (incl. other Clients’ Consignments or the vehicle, see clause 3.3) that may arise from the Consignment. In this, the Client is required to provide DPD sufficient and timely instructions for the safe loading and unloading of the Consignment and its fastening to the vehicle. In practice, DPD acts on the basis of common requirements for loading and fastening.
5.6. If the improper packaging or labelling or insufficient instruction upon the loading and unloading of the Consignment and its fastening to the vehicle disturbs, damages or endangers people, property or other Consignments, DPD has the right to request that the Client fully compensate for the damage.
5.7. Consignment Documents must be in a closed plastic sleeve that is attached to the outer side of the Consignment. The Client is responsible for the correctness of the Consignment Documents.
6. ACCEPTANCE OF CONSIGNMENT BY DPD
6.1. The Consignment is delivered to DPD via a Courier, Pickup Parcel Locker or Pickup Parcel Shop.
6.2. The Courier will arrive to pick up the Consignment in the period of time listed on the DPD Website or published by DPD. If the Terms of Service demand, the Courier shall prepare a scan record or sign the Consignment manifest upon picking up the Consignment; in other cases, the Consignment is considered to have been delivered to DPD when the Courier accepts it.
6.3. Upon accepting the Consignment, the Courier does not verify the identity of the person handing over the Consignment on the basis of an identity document and presumes that the Sender has the right to hand the Consignment over to DPD. DPD is not liable for any damage resulting from the above.
6.4. If there is reasonable doubt upon accepting the Consignment, the Courier has the right to demand that the Sender open the Consignment in order to verify that the Consignment meets the requirements of the Contract and law. If the Sender refuses to open the Consignment, the Courier has the right to refuse from accepting the Consignment and to consider it 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 and/or to consider the situation an Unladen Journey.
6.6. Consignments are deemed to be delivered to and accepted by DPD if:
a. The Courier has accepted the Consignment pursuant to clause 6.2
b. The Consignment has been delivered to and received at the Distribution Centre and there is a scan record of it
c. The Client has paid for the Service at the Pickup Parcel Locker, placed the Consignment in the locker with an automatically opening door, closed the door and made sure that it is locked
d. The Client has paid for the Service at the Pickup Parcel Shop and the representative of the Pickup Parcel Shop has accepted the Consignment.
6.7. DPD has the right to determine the maximum amount of Consignments that can be accepted simultaneously as well as their weight or other terms and conditions on the DPD Website.
7. DELIVERY OF CONSIGNMENT
7.1. The Consignment is Forwarded to the Recipient pursuant to the Order via a Courier, Pickup Parcel Locker or Pickup Parcel Shop. Information on the delivery of a Consignment is available in the Delivery Notice or Arrival Notice.
7.2. If the Waiting Time is exceeded, the Courier has the right to record an Unladen Journey and DPD has the right to refuse from delivering the Consignment until the Client has paid an additional fee under the Price List.
7.3. In addition to what is specified in clause 2.25, a person located at the Recipient’s address who accepts the Consignment is also deemed a Recipient. The Recipient shall sign a Confirmation of Delivery on the touchscreen terminal of the Courier, checking the correctness of the data (incl. name, date and time) included in the Confirmation of Delivery beforehand. If the Recipient cannot sign the Confirmation of Delivery on the touchscreen terminal of the Courier due to reasons for which the Courier and/or DPD are not liable (e.g., the Recipient is not capable of signing the Confirmation of Delivery or it is necessary to avoid immediate personal contact as a precaution owing to the Recipient’s health condition or if there is another situation that can be characterised as force majeure circumstances), the Courier shall fill in and sign the Confirmation of Delivery on behalf of the Recipient.
7.4. Except in cases where it is expressly required owing to the special terms of Service or where Parties have agreed upon this beforehand, the identity of the Recipient or their representative is not verified on the basis of an identity document upon delivering a Consignment, and it is presumed that the person located at the Recipient’s address has the right to accept the Consignment. DPD is not liable for any damage resulting from the above.
7.5. If the Recipient wishes to open the Consignment upon delivery before accepting it, the Courier has the right to refuse from handing over the Consignment, record an Unladen Journey and return the Consignment pursuant to clause 9.
7.6. A Consignment is deemed to have been delivered to the Recipient if:
a. A Consignment has been handed over by a Courier with a Confirmation of Delivery. In case of a Service where Confirmations of Delivery are not prepared, the delivery of a Consignment is proven by a Courier’s scan record or other written certificate provided by DPD
b. A Door Code has been entered into a Pickup Parcel Locker
c. A Confirmation of Delivery has been prepared at a Pickup Parcel Shop.
7.7. If a Consignment can’t be delivered to the Recipient and the Client:
a. has provided respective instructions to DPD in a reproducible format (incl. written or voice recording), the Courier may leave the Consignment at the location specified by the Client (e.g., by the front door of the building at the Recipient’s address or another so-called Safe Place), in the case of which the Courier shall fill in and sign the Confirmation of Delivery on behalf of the Recipient. DPD is not liable for any damage resulting from the Client’s instructions.
b. has provided respective instructions to DPD in a reproducible format (incl. written or voice recording), and the Courier may take the Consignment to a Pickup Parcel Locker
c. has not provided respective instructions to DPD or the Client’s instructions can’t be followed, in the case of which the Courier may take the Consignment to a Pickup Parcel Locker.
7.8. A Consignment that could not be delivered to a Recipient pursuant to clause 7.7.c or that cannot be delivered at all (clause 7.10) is taken to the Distribution Centre, where the Consignment is stored for 7 calendar days and then returned to the Sender or Client pursuant to clause 9. The Client will pay a 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 clause 7.8 if it is clear that the Consignment cannot be delivered at all. The Client will pay the Return Fee pursuant to the Price List upon the Consignment’s return.
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 can’t be delivered owing to a circumstance proceeding from the special terms of Service that is independent of DPD. For example, in the case of a Service requiring identity verification, the Recipient does not produce an identity document; in the case of a cash on delivery service, the Recipient refuses to pay for the goods
c. The Consignment cannot be forwarded to the Recipient due to their postal address being 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 data on their new location or place of residence
e. If the Recipient does not take the Consignment out of the Pickup Parcel Locker or away from the Pickup Parcel Shop within 7 days of receiving the Arrival Notice, the Consignment will be returned to the Sender. The Client will pay the Return Fee pursuant to the Price List upon the Consignment’s return.
f. The Consignment can’t be delivered to the Recipient 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 2.28), DPD will issue a copy or excerpt of the Confirmation of Delivery to the Client.
8. LIMITATIONS TO SERVICE AND PROHIBITED ITEMS
8.1. In certain cases, the provision of the Service by DPD is limited or precluded, which is why DPD does not provide Service in the case of items that have been marked as prohibited in clause 8.3 and on the DPD Website, and the Client may not hand such items over for Forwarding and Freight Service. The Client may hand over items marked with an asterisk (*) and specified in clause 8.3 in exceptional cases and only under an express agreement with DPD.
8.2. In case DPD learns that a Consignment contains items prohibited under clause 8.3 or the DPD Website, DPD has the right to refuse from providing the Service, stop the performance of the Contract and demand both a Service Fee as well as a Return Fee from the Client at its discretion. If DPD, the Client or a third person incurs damage due to the forwarding of the prohibited items, the Client will incur and compensate for all the respective damages, irrespective of whether DPD knew or should have known of the contents of the Consignment. Inter alia, the Client has no right to request the compensation of damage from DPD (primarily under clause 11), if such a Consignment is lost or destroyed during transport.
8.3. The Forwarding or Freight of the following items is prohibited or limited (marked with an asterisk):
a. Consignments that have not been properly packaged and/or labelled (clause 5)
b. Consignments the measurements and weight of which are not in conformity with the Terms of Service (*)
c. hazardous and flammable goods, including hazardous waste, medical waste, hypodermic needles and syringes, firearms, arms and the parts thereof (*), ammunition, explosives, fireworks, chemicals, acidic, corrosive and irritating substances
d. batteries (*)
e. tobacco products (*)
f. works of art, jewellery (including watches) (*), precious metals (including gold and silver items), precious stones, real pearls, glass or any articles (or part thereof) that are made of glass, porcelain, earthenware or other similar materials, antiques, rugs, furs or any other valuables
g. cash, coins, collector coins and stamps (*)
h. any and all data carriers (e.g., USB drive, hard disk), documents (*) (e.g., identity documents, school diplomas, exam papers, quotations, qualification documents, contracts, vehicle registration documents, insurance documents etc.). Also documents that can be exchanged for cash or goods (e.g., cheques, vouchers, credit notes, bonds, shares, banknotes and freely transferable instruments equivalent to cash receipts and gambling tokens)
i. alcohol, including wine, beer, and spirits (*)
j. any types of liquids (*) and ice
k. body parts (incl. medical samples) or human remains, living or dead animals, fish or birds, or any living organism of any type (including seeds, trees and plants), and frozen or easily perishable food
l. goods the transport of which is prohibited under the laws and regulations of the destination country’s government, state or local government units in the case of such cross-border transport to which CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions apply
m. goods that need to be transported in a controlled temperature environment. Also goods packaged in a sterile environment (e.g., medical devices or supplies in a sterile package)
n. 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 the legal norms of the country of origin, transit state or destination state or which require a special authorization (for import or export) in the case of such cross-border transport to which CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions apply
o. Consignments in the case of which it is required to declare value under CRM article 24 or special interest under CRM article 26 subsection 1, also Consignments in the case of which it is required to declare value or special interest under article 22 of the Warsaw Convention / article 22 of the Montreal Convention
p. Consignments with a value that exceeds the amount indicated in clause 2.13 irrespective of whether the Client has ordered an Additional Insurance service.
8.4. Upon reasonable necessity, DPD has the right to open a Consignment without prior notification, inspect it and examine the contents (incl. with an x-ray device) without being subject to legal consequences and accompanying liability. It is reasonably necessary to open, inspect and examine Consignments primarily for the following purposes:
a. to make sure a Consignment is safe and conforms to the law and Contract Documents
b. to protect the contents of a damaged Consignment
c. to identify the Recipient or Sender of a Consignment who cannot be identified otherwise
d. to prevent or avoid threats that the Consignment may pose to people or property
e. to perform a requirement proceeding from a law or specified by an administrative organ with respective legal capacity
f. to identify whether a Consignment contains quickly perishable goods and/or prohibited items listed under 8.3 and/or other items precluded under the Contract between the Parties.
8.5. The Client has no right to submit claims that may arise in relation to DPD opening, inspecting and examining a Consignment under clause 8.4 and/or delivery delays connected to this, and shall waive any such claims.
9. RETURN, DESTRUCTION OR DISPOSAL OF UNDELIVERED CONSIGNMENTS
9.1. If the delivery of a Consignment is not successful pursuant to clause 7.7.c or if delivery is impossible, including but not limited to in cases specified in clause 7.5, 7.8, 7.9, 7.10 and 7.10.e DPD has the right to return the Consignment to the Sender or, if this is not possible, to the Client. In case the Consignment is returned, DPD has a right to charge a Return Fee from the Client.
9.2. If it is not possible to return a Consignment to the Sender or Client, DPD shall store the Consignment or the items contained in it at the Distribution Centre for six months as of the first occurrence of being undeliverable pursuant to subsection 31 (2) of the Postal Act of the Republic of Estonia, except if the contents of the Consignment are rapidly perishable or it contains printed matter for advertising or marketing purposes or endangers people’s lives or health, in the case of which DPD may destroy the Consignment and its contents at its discretion (subsection 31 (3) of the Postal Act).
9.3. Consignments that DPD has stored at the Distribution Centre for at least six months pursuant to clause 9.2 and that the Client has not claimed, are transferred by DPD in a reasonable manner (e.g., at a public auction or via free- of-charge gifting for charitable purposes), directed to waste management or destroyed. The profit gained from transfer belongs to DPD.
9.4. DPD has the right to request that the Client compensate for all costs and damages incurred in relation to opening, storing, returning, destroying and transferring Consignments listed under this paragraph. DPD holds the aforementioned right even if delivering the Consignment fails or is impossible or if returning such a Consignment is not possible due to circumstances that DPD is not liable for (incl. if the Client fails to pay for the Service and DPD exercises its right of security).
10.1. The Client is required to pay DPD for the Service pursuant to
a. The Contract, if the Parties have explicitly agreed that prices different from the Price List are applied to the Services or
b. The Price List. If the Parties disagree over the price of a Service, they shall proceed from the price specified in the Price List.
10.2. If the Terms of Service and/or Price List change during the validity of the Contract, DPD may provide the Service under the amended terms and conditions and the Client is required to pay for the Service pursuant to the new Price List, except if the Parties have expressly agreed otherwise or the Client has explicitly waived ordering the Service.
10.3. In certain cases specified in the Contract Documents, DPD has the right to request that the Client compensate for additional expenses related to providing the Service (e.g., customs clearance expenses, storage of Consignments, additional expenses incurred in a foreign country if the Consignment does not conform to the consignment requirements of the destination state) or damages (e.g., damage created to the Consignment of other Client).
10.4. DPD has the right to request prepayment for the Service and refuse from performing the Contract or stop the provision of Service until the prepayment is transferred to DPD’s bank account. DPD is not liable for any damage resulting from the above. If the Client has made the prepayment for the Service, but DPD fails to perform the Service either partly or in full due to reasons independent of it, the prepayment is not refunded to the Client.
10.5. All other financial obligations not listed under clause 10.4 shall be compensated for by the Client in 14 calendar days as of receiving a respective claim or invoice from DPD. Invoices and claims are submitted to the Client’s e-mail address and deemed delivered on the first work day following the day the invoice or claim was sent.
10.6. If DPD provides the Client a Service that was not agreed upon beforehand by the Parties but which was necessary due to the circumstances (e.g., avoiding greater damage, incorrect instructions from the Client), the Client is required to pay DPD for the Service pursuant to the Price List or on the basis of the expenses DPD actually incurred, whichever is greater.
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 delayed day.
10.8. DPD has the right to stop the transfer of funds accepted by DPD on behalf of the Client to the Client in the framework of the Service, if the Client has not duly performed their financial obligations under the Contract. DPD has the right to offset the amounts payable by the Client to DPD against the amounts payable to the Client by DPD. The Client does not have the right to offset financial claims between DPD and the Client.
10.9. DPD has the right to assign financial claims the Client has not paid in due time to third persons for collecting arrears. All costs related to collecting arrears are covered by the Client.
10.10. DPD may provide the Client credit upon the terms and conditions and in the volume specified in the credit limit rules.
11.PARTIES’ LIABILITY AND THE LIMITATIONS THEREOF
11.1. DPD holds limited liability. DPD only holds proprietary liability in performing the Contract and compensates for direct patrimonial damage that has occurred due to DPD’s fault (intent or gross negligence) and is liable for the actual value of damaged or lost Consignments, but only in the maximum extent specified in clause 11.3. Patrimonial damage does not involve indirect damage, including loss of profit.
11.2. In the case of Forwarding Service, DPD is liable for the Consignment as of accepting it from the Sender until delivery to the Recipient. For Freight 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 liability is limited in any case with the maximum amount of compensation specified under clause 11.3.b.
11.3. The maximum amount of DPD’s liability under the Contract and/or proceeding from the provision of the Service is:
a. 520 euros per Consignment in the case of the loss of or damage to Consignments weighing up to 31.5 kg 265 euros per Consignment in the case of Pickup Parcel Locker and Pickup Parcel Shop Consignments
b. 8.33 SDR (Special Drawing Right) per each kilogramme of the lost or damaged Consignment in the case of Forwarding and/or Freight Services of Consignments weighing over 31.5 kg
c. Additional Insurance benefit rate, if Additional Insurance has been purchased for a Consignment upon placing the Order, but no more than 13,000 euros.
11.4. DPD calculates the value of the contents of the Consignment based on a document verifying acquisition cost, which the Client is required to provide and verify. Since, as a rule, DPD is not familiar with the contents of a Consignment, the Client is also required to verify the contents of the Consignment when a Consignment is lost. If a Consignment is damaged but the Service was provided to transport an item to a repair shop, it is presumed that the item contained in the Consignment was already broken. The Client must prove the opposite.
11.5. DPD proceeds from the Actual Weight of the Consignment in calculating the payable compensation.
11.6. If the Client proves that a delay in the delivery of the Consignment caused damage, DPD shall compensate for the damage to the Client in an amount that equals no more than the double Service fee.
11.7. DPD will not compensate to the Client damage and expenses not mentioned in the Contract Documents, neither is DPD liable for damage caused to third parties.
11.8. The Client is liable for expenses and damage arising from the Client’s noncompliance with the terms and conditions of the Contract. The Client undertakes to pay in full for any Service agreed between the Parties, which DPD was unable to properly provide due to any reasons dependent 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 duties or value added tax. The Client undertakes to cover all expenses related to customs clearance.
11.10. If DPD provides Freight Services to the Client, DPD is liable before the Client only as the mediator of the transport service, i.e., DPD is in not liable before the Client or Recipient as the carrier.
11.11. DPD is not liable for breaches caused by force majeure circumstances. Any circumstance that DPD could not influence or which it could not have reasonably considered or avoided or the consequences of which it could not have overcome upon entering into the Contract are considered force majeure. Among other things, force majeure circumstances are a pandemic or other outbreak of disease that spreads across states or continents, inclement weather conditions, power outage, disturbances in communication lines, loss of Internet connection, payment service disturbances, fires, explosions, war, the enactment or amendment of a piece of legislation.
12.ENTRY INTO AND TERMINATION OF CONTRACT
12.1. The Contract enters into force when it is signed by the Parties and is valid until the proper performance of contractual obligations.
12.2. Either Party has the right to cancel the Contract without cause at any time, providing the other Party advance notice of at least 15 calendar days in a format reproducible in writing.
12.3. If a Party fails to perform their contractual obligations, the other Party has the right to cancel the Contract, providing advance notice of at least 5 calendar days.
12.4. A Party is required to properly perform all the obligations created before the cancellation of the Contract, except if the Party’s right to refuse from performing a contractual obligation arises from Contract Documents or laws. Notwithstanding the above, the Client undertakes to pay for all Services provided by DPD upon the expiry or termination of the Contract.
12.5. All financial obligations between the Parties become due on the date of expiry or termination of the Contract.
13.SUBMITTING CLAIMS AND NOTIFICATIONS, DISPUTE RESOLUTION AND APPLICABLE LAW
13.1. A claim on the loss of or damage to a Consignment is deemed to be properly filed only if it is submitted via the DPD Website.
13.2. In filing claims related to the loss of a Consignment, the Parties shall proceed from valid law.
13.3. Claims on damage to a Consignment must be submitted to DPD 7 calendar days as of becoming aware of such circumstances at the latest. The circumstances and scope of the damage must be described in detail in the claim. If the damage to or partial loss of the Consignment is evident upon external examination, but the Recipient still accepted the Consignment and DPD was not notified of the damage to or partial loss of the Consignment by the next working day at the latest, it is considered that the Consignment was handed over in a proper condition corresponding to the Contract.
13.4. The Parties resolve any disputes arising in relation to the Service through negotiations. If the Parties fail 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.
Whose and what kind of personal data we process
Personal data is any information that can be attributed to a person. The categories of data that DPD collects and processes mainly, but not exclusively, as well as the purpose of their processing and retention are showed in the table below.
|Identification data of the customer, sender, consignee and courier (eg name, personal identification code, date of birth, data on the identity document)||For concluding and performing the contract; law|
|Contact details of the customer, sender, recipient and courier (eg address, telephone number, e-mail address)||For concluding and performing the contract; law|
|Customer, sender, recipient and courier location information (eg GPS)||For concluding and performing the contract; law|
|Customer's user account data on the DPD website (username, password, name, telephone number, e-mail address, transaction history)||For concluding and performing the contract|
|Customer payment information||To perform the contract, the law|
|If the consignment is not accepted by the consignee, the name of the person receiving the consignment||To perform the contract, legitimate interest, consent|
|In the case of the additional service "ID-check", the data of the recipient's identity document||To perform the contract, legitimate interest, consent|
|Data on the courier's compliance with the law and reliability (eg valid data on misdemeanors and criminal penalties)||For the conclusion and performance of the contract, legitimate interest|
|Communication data, such as audiovisual (ie audio and video recordings) data recorded by DPD, which are collected when you call DPD or visit DPD locations (office, parcel shop or parcel machine), as well as other communication data collected when you visit events organized by DPD, for example, or you participate in feedback or satisfaction surveys or surveys.||For the conclusion and performance of the contract, legitimate interest|
|Information about participation in the campaign, including the participant's contact details and other information provided.||Execution of the contract, consent|
|Contact details of the person who contacted us and other information provided (eg feedback)||Consent|
|When using the DPD website, device data, etc.||Consent|
|Identification data of the customer, sender, consignee and courier (eg name, personal identification code, date of birth, data on the identity document)||Providing the service|
|Contact details of the customer, sender, recipient and courier (eg address, telephone number, e-mail address)||Providing the service|
|Customer, sender, recipient and courier location information (eg GPS)||Providing the service|
|Customer's user account data on the DPD website (username, password, name, telephone number, e-mail address, transaction history)||Providing the service|
|Customer payment information||Providing the service|
|If the consignment is not accepted by the consignee, the name of the person receiving the consignment||To prove the delivery of the shipment|
|In the case of the additional service "ID-check", the data of the recipient's identity document||To prove the delivery of the shipment|
|Data on the courier's compliance with the law and reliability (eg valid data on misdemeanors and criminal penalties)||Security and reliability of service provision|
|Communication data, such as audiovisual (ie audio and video recordings) data recorded by DPD, which are collected when you call DPD or visit DPD locations (office, parcel shop or parcel machine), as well as other communication data collected when you visit events organized by DPD, for example, or you participate in feedback or satisfaction surveys or surveys.||Security and reliability of service provision, to develop the service|
|Information about participation in the campaign, including the participant's contact details and other information provided.||For organizing a campaign, for sales promotion|
|Contact details of the person who contacted us and other information provided (eg feedback)||To process and respond to inquiries, to develop the services, to develop and customize the DPD website|
|When using the DPD website, device data, etc.||To identify and solve technical problems, to develop services|
|For how long we keep the data|
|Identification data of the customer, sender, consignee and courier (eg name, personal identification code, date of birth, data on the identity document)||Until the purpose of processing but not more than seven years|
|Contact details of the customer, sender, recipient and courier (eg address, telephone number, e-mail address)||Until the purpose of processing but not more than seven years|
|Customer, sender, recipient and courier location information (eg GPS)||Until the purpose of processing but not more than seven years|
|Customer's user account data on the DPD website (username, password, name, telephone number, e-mail address, transaction history)||Until the purpose of processing but not more than seven years|
|Customer payment information||Until the purpose of processing|
|If the consignment is not accepted by the consignee, the name of the person receiving the consignment||Until the purpose of processing|
|In the case of the additional service "ID-check", the data of the recipient's identity document||Until the purpose of processing|
|Data on the courier's compliance with the law and reliability (eg valid data on misdemeanors and criminal penalties)||Until the end of the contract concluded with the courier|
|Communication data, such as audiovisual (ie audio and video recordings) data recorded by DPD, which are collected when you call DPD or visit DPD locations (office, parcel shop or parcel machine), as well as other communication data collected when you visit events organized by DPD, for example, or you participate in feedback or satisfaction surveys or surveys.||Until the purpose of processing|
|Information about participation in the campaign, including the participant's contact details and other information provided.||Until the end of the campaign or withdrawal of consent|
|Contact details of the person who contacted us and other information provided (eg feedback)||Until withdrawal of consent|
|When using the DPD website, device data, etc.||Until withdrawal of consent|
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.
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.
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.
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
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.
GENERAL PRINCIPLES FOR PROCESSING
CONFIDENTIALITY AND SECURITY MEASURES
LIABILITY, LIMITATIONS THEREOF, AND FORCE MAJEURE
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).
1.5 In the event of conflicts between different regulations concerning personal data, the DPTC shall prevail, unless the parties have expressly agreed otherwise.
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 10 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 10 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 10 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)