Terms and conditions

Standard service provision terms of DPD Eesti AS in 2023

1. GENERAL PROVISIONS

2. DEFINITIONS

3. GENERAL PRINCIPLES OF SERVICE PROVISION

4. PLACING AND CHANGING OF ORDERS

5. PACKAGING, LABELLING, LOADING AND SECURING OF SHIPMENT

6. DELIVERY OF SHIPMENT TO DPD

7. DELIVERY OF SHIPMENTS

8. RESTRICTIONS ON SERVICE PROVISION AND PROHIBITED ARTICLES

9. RETURNING, DESTROYING OR DISPOSAL OF UNDELIVERED SHIPMENTS

10. SETTLEMENT PROCEDURE

11. LIABILITY OF THE PARTIES AND ITS LIMITATIONS

12. ENTRY INTO AND TERMINATION OF AGREEMENT

13. SUBMITTING CLAIMS AND NOTIFICATIONS, DISPUTE RESOLUTION AND APPLICABLE LAW

1. GENERAL PROVISIONS

1.1. These standard terms and conditions for the provision of services by DPD Eesti AS (hereinafter referred to as DPD) (hereinafter referred to as the Standard Terms) govern the relationship between DPD and the Customer (hereinafter also referred to separately as the Party or collectively as the Parties) and form an integral part of the Service Agreement (hereinafter referred to as the Agreement) between DPD and the Customer, irrespective of whether they are expressly incorporated into the Agreement. The Standard Terms apply to all Service Provision Agreements concluded between DPD and the Customer, unless the Agreement between the Parties expressly states otherwise.

1.2. The Standard Terms define the terms used in the Agreement and provide for the rights and obligations of DPD and the Customer.

1.3. In addition to the Standard Terms, the Parties shall be subject to the Agreement, the Price List, the (Specific) Terms and Conditions of the Service (hereinafter also referred to as the Service Terms) and any other terms and conditions determined by DPD in connection with the Service and available to the Customer via the DPD Website or E-service (all of the foregoing documents hereinafter also collectively referred to as the Agreement Documents). In addition, the Parties in their relations shall be governed by the General Terms and Conditions of the Estonian Logistics and Freight Forwarding Association (ELFA General Terms and Conditions), the General Terms and Conditions of the Estonian Logistics and Freight Forwarding Association on Warehousing (ELFA General Terms and Conditions on Warehousing) and the CRM Convention on matters not covered by the Agreement Documents.

1.4. The specific terms and conditions of the service are provided for in the Agreement and the Service Terms, but may also be derived from other Agreement Documents. In the event of conflict between the Agreement Documents, the order of priority shall be as follows:

a. Agreement;

b. Service Terms;

c. any other terms and conditions imposed by DPD in relation to the Service (e.g. packaging and labelling instructions);

d. Standard Terms;

e. Price list.

1.5. The Standard Terms, the Price List, the Service Terms and any other terms and conditions in relation to the Service shall be established by DPD, who may also unilaterally amend them, including if:

a. it is caused by a change in existing legislation or the interpretation thereof;

b. a new Service is introduced, an existing Service is changed or an existing Service is discontinued;

c. changes arise from repeated feedback from customers;

d. DPD is subject to a binding court decision or administrative act to introduce the changes;

e. changes to the DPD’s organisation of work;

f. technological developments take place enabling improvements to the Service quality and/or safety, or;

g. there are other unforeseen circumstances that could reasonably be expected to result in the need for amendment.

1.6. DPD will notify any amendments to the Agreement Documents via DPD’s Website at least 15 calendar days before the amendment takes effect. Customers are not separately notified of any changes. If the Customer does not agree to the amended terms and conditions, the Customer has the right to terminate the Agreement under clause 12.2. If the Customer continues to use the DPD Service after the amendment has taken effect, the Customer is deemed to have accepted the amended terms. The changes that take effect will not apply to a Service ordered and paid for before the change takes effect, unless DPD has otherwise expressly provided for or unless the changes have no effect on the use of the Service and do not unreasonably harm the Customer.

1.7. The Agreement Documents, including the Standard Terms, the Price List, the Service Terms, etc. are available on DPD’s Website and/or E-service. The Customer must always ensure that they follow the applicable Agreement Documents when entering into an Agreement or placing an Order. At the Customer’s request, DPD shall e-mail the Agreement Documents to the Customer.

1.8. Entry into an Agreement for the provision of the Service may take place in any form, including through the E-service, in writing or in a form reproducible in writing. Submission of the Order by the Customer is also deemed to constitute entry into the Agreement if DPD has started to execute the Order.

1.9. By submitting an Order or accepting DPD’s offer, the Customer confirms that they have read, accepted and undertaken to comply with the Standard Terms. DPD has the right to refuse to provide the Service if it is unclear whether there is a valid Agreement between the Parties for the provision of the Service or whether the Parties have reached a clear agreement on all matters relevant to the provision of the Service.

1.10. The practice developed in cooperation between the Parties forms an integral part of the Agreement only to the extent that it does not conflict with the Agreement Documents and the regulations referred to in clause 1.3.

1.11. For a service provided across borders (i.e. the country of dispatch or destination of the Shipment is Outside Estonia), the conditions set out in clause 1.11 apply and the Standard Terms apply only to the extent that they are not in conflict with clause 1.11 of the Standard Terms. For following apply to Cross Border Services:

a. any international treaties or conventions (such as the CMR Convention) in force in respect of the relevant Service and binding on DPD as the carrier or freight forwarder by law;

b. GEOPOST CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions of the Service Provider for the "CLASSIC EUROPE and “CLASSIC SHOP” Services in Selected Countries, which are available at the end of the Standard Terms webpage), if the cross border Forwarding of a Shipment takes place from a selected country specified in Annex 1 to the Terms and Conditions to the country of destination specified in Annex 2 and subject to the specific terms and conditions specified in Annex 2; and

c. The legal requirements of the country of destination of the Shipment and/or the specific requirements of a company in the same group as DPD involved in the provision of the Service (e.g. the means of delivery of the Shipment, the Shipment labelling requirements). The Customer can consult these requirements at www.dpd.com. DPD is not liable for any costs and losses incurred in the provision of cross border Service as a result of the above.

d. In Finland, Sweden, Denmark and Norway, the individual Recipient and the Recipient of a Shipment registered through a prepaid customer in the E-service will be notified of the arrival of the Shipment by SMS, e-mail or PostNord mobile application, with the possibility to change the time and place of delivery. If the Recipient does not use this option and/or is not present at the address at the time of delivery, the Courier will leave the Shipment at the Recipient’s address without a signed Delivery Note. DPD Estonia shall not be liable for any consequential loss or damage when using this mode of delivery.

1.12. Upon providing the Service, DPD processes personal data in accordance with the Privacy Notice, which forms an integral part of the Agreement. The definitions in the Privacy Notice have the same meaning as in the Standard Terms.

1.13. DPD and the Customer communicate in Estonian, and if possible also in English and Russian. The Standard Terms and usually also the Service Terms are available in these languages. If there are differences between the content of the Estonian and foreign language versions of the Agreement Documents, the Parties shall prioritise the Estonian text, except for the CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions, in which case the English text shall prevail.

1.14. The content of the Agreement and any information learned by the Party in the course of the performance of the Agreement is confidential and not to be disclosed to third parties, unless the other Party has given their prior written consent to the disclosure of the information or the disclosure of the said is necessary for the performance of the Agreement or a legal obligation.

2. DEFINITIONS

For the purposes of these Standard Terms, the following definitions have the following meaning:

2.1 Pallet

A pallet that can be loaded onto the forklift from all four sides if necessary (both forks of the forklift must be able to fit under the Pallet and allow safe handling throughout the transport process). A Shipment with an Actual Weight of more than 31.5 kg must be placed on a Pallet.

2.2. DPD Website

DPD’s website www.dpd.ee or any other publicly accessible website referred to in the Agreement Documents. DPD has the right to open and close the DPD Website, to create, modify its content, etc.

2.3. Transfer Service (Transferring)

A process that involves the receipt of a Shipment directly from the Sender or via a Pickup Parcel Locker, the sorting, transport and delivery of the Shipment to the Recipient by a Courier or through a Pickup Parcel Locker. DPD’s mode of transfer is road transport which is characterised by repeated loading and unloading at Distribution Centres.

2.4. E-service

DPD’s online self-service environment (including telli.dpd.ee, www.dpd.ee), where Customers can place and manage Orders.

2.5. Forwarding Service (Forwarding)

The service of brokering the transport of a Shipment and related additional services agreed between the Parties (e.g. storage, sorting of the Shipment). In case of doubt as to whether the Service is a Transfer Service or a Forwarding Service, the Service provided by the DPD is assumed to be a Transfer Service. In the case of Forwarding Service, the ELFA General Terms and Conditions shall apply to matters not covered by the Standard Terms.

2.6. Shipment Requiring Special Handling

A shipment that requires handling outside the sorting line due to its characteristics (e.g. easily breakable contents, irregular shape, etc.). In the case of cross border transport, DPD does not guarantee the handling of the Shipment outside the sorting line and is not liable for any loss or damage caused to Shipment Requiring Special Handling.

2.7. Price List

The fee(s) set out on the DPD Website or E-service which are to be paid by the Customer to DPD for the provision of the Service. If the Parties have agreed on the prices for the Service in a written Agreement, the prices provided for in that Agreement apply until the next amendment of the Price List by DPD, unless the Parties expressly agree otherwise.

2.8. Distribution Centre (terminal or depot)

The building or room where Shipments are sorted and stored. If necessary and justified, DPD will notify the Customer of the Distribution Centre where their Shipment is located.

2.9. Customer

The person to whom DPD provides the Service or who has approached DPD with this request. The Customer need not be the Sender or the Recipient. The activities of the Recipient, the Sender, as well as any third parties (e.g. representatives, employees) acting on behalf of the Customer are deemed to be the Customer’s activities for which the Customer is liable for its own activities.

2.10. Agreed Location

The place designated by the Recipient for delivery of the Shipment by the Courier, if the Recipient is not present at the address. The Recipient can only choose this delivery method in the E-service.

2.11. Courier

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

2.12. Delivery Notification

For certain Services, a notification (by SMS, e-mail or other means) sent by DPD informing you of the time and place of delivery of the Shipment and giving instructions to change the time and place of delivery.

2.13. Loading Area

The area of loading or unloading of Shipment specified in the Order. The Loading Area has a hard cover and smooth surface that is not inclined and has no steps and which is located level with a road or at the same height as the rear hatch of the DPD vehicle; For Shipments weighing more than 31.5 kg, a working lift able to fit the Shipment must be provided above the 5th floor, and for Shipments weighing more than 100 kg, DPD has the right to apply a surcharge as provided for in the Price List (e.g. In-House delivery.

2.14. Additional Insurance

An additional service to insure the Shipment against losses occurring during Transfer under the terms and conditions set out in the insurance conditions. The maximum amount of the Additional Insurance indemnity is 13,000 euros and applies only to the contents of the Shipment. An Additional Insurance agreement is only valid if it is entered into in a form reproducible in writing before the Shipment is accepted by DPD.

2.15. Additional Service

A service provided by the DPD for an additional fee which complements or adds value to the Service (e.g. customs clearance, identity verification, document returns, cash on delivery, Additional Insurance).

2.16. Volumetric Weight

An indicator calculated from the dimensions of a Shipment to help estimate how much space the Shipment occupies in the means of transport. Volumetric Weight is calculated using the formula: length (cm) x width (cm) x height (cm) / 4,000 (so 1m³ = 250 kg). If there is a difference between the Actual Weight and the Volumetric Weight of a Shipment, DPD has the right to base the provision or pricing of the Service on the greater of the two.

2.17. Waiting Time

A period of up to 10 minutes for the Courier to collect the Shipment from the Sender or deliver it to the Recipient. DPD is not liable for any loss or damage resulting from the exceeding of the Waiting Time due to circumstances beyond the control of DPD or the Courier.

2.18. Parcel Label/Shipment Labelling

The Parcel Label is a single-use leaflet affixed to the Shipment, which contains all the information necessary for the provision of the Service and characterising the Shipment. The Parcel Label must be on the top side of the Parcel and must not be damaged, illegible or pasted over multiple sides of the Parcel. For Pallets, the Parcel Label must be located on the side of the Pallet. For Forwarding Service, DPD will provide instructions on affixing the Parcel Label each time. DPD has the right to unilaterally impose additional Shipment Labelling requirements, which are available on the DPD Website or E-service. The Customer is responsible for the labelling of the Shipment, including the proper preparation of the Parcel Label and its attachment to the Shipment. DPD is not liable for any loss or damage resulting from non-compliance with the labelling requirements or if the information on the Parcel Label is insufficient for the proper provision of the Service, even if the Parcel Labels are ordered from DPD when placing the order for the collection of the Shipment.

2.19. Parcel

Properly packaged and labelled articles (including courier parcels or Pickup parcels) delivered to DPD for the provision of the Transfer Service, the dimensions, weight and other conditions of which are specified on the DPD Website or E-service. The Customer undertakes to ensure that the Parcel complies with DPD’s requirements.

2.20. Pickup Parcel Locker

A 24-hour facility located at the location indicated on the DPD Website enabling Parcels to be received from Senders and released to Recipients with a Door Code. DPD reserves the right to unilaterally impose additional terms and conditions on the use of Pickup Parcel Lockers, which are available on the DPD Website or E-service.

2.21. Actual weight

Weight of the Shipment in kilograms. It is assumed that the weight of the Shipment is the weight indicated on the Parcel Label, but if DPD weighs the Shipment in the course of providing the Service and it proves to be heavier than the weight indicated on the Parcel Label (+/- 0.1 kg), DPD will proceed on the basis of the actual weight of the Shipment. DPD has the right to refuse to provide the Service and to charge a Return Fee if the Actual Weight of the Shipment proves to be heavier than the weight indicated on the Parcel Label. If there is a difference between the Actual Weight and the Volumetric Weight of a Shipment, DPD has the right to base the provision or pricing of the Service on the greater of the two.

2.22. Arrival Notification

Notification sent by DPD to the Recipient (by SMS, e-mail or other forms reproducible in writing) of the arrival of the Shipment at the Pickup Parcel Locker and its release.

2.23. Shipment

A Shipment consists of one or more Parcels and/or Pallets for the same Recipient.

2.24. Sender

The person who delivers a Shipment to DPD for the provision of the Service on behalf of the Customer.

2.25. 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.

2.26. Accompanying Documents

Documents necessary for customs clearance and other official procedures related to the Shipment.

2.27. Return Fee

The fee paid by the Customer to DPD for returning the Shipment to the Sender.

2.28. Proof of Delivery

Confirmation of the delivery of the Shipment, which is given by signing the courier’s handheld scanner or by entering the door code at the Pickup Parcel Locker. Changes or additions to the ways in which the Proof of Delivery is provided do not constitute a change to the Standard Terms.

2.29. Service

Transfer, Forwarding and/or Additional Services provided by DPD to the Customer. The definition of a Service also applies to a service which is not covered by the definition of a Transfer, Forwarding or Additional Service, irrespective of whether its provision was agreed between the Parties or not, but the provision of which is necessary, for example, to prevent or reduce major loss or damage, comply with the instructions of the Customer, etc.

2.30. Order

The Customer’s order for the provision of the Service.

2.31. Empty Run

A journey made in connection with the receipt or delivery of a Shipment where the Shipment cannot be received from the Sender or delivered to the Recipient for reasons beyond the control of DPD or the Carrier. DPD has the right to charge the Customer a fee for Empty Runs in accordance with the Price List.

2.32. Door Code

The numeric code for the Pickup Parcel Locker provided in the Arrival Notification to open the locker door containing the Shipment in the Pickup Parcel Locker.

3. GENERAL PRINCIPLES OF SERVICE PROVISION

3.1. DPD may use third parties in the performance of the Agreement and the provision of the Service. DPD will disclose to such third parties information related to the Agreement only to the extent necessary for them to duly perform the Service. DPD makes every effort to ensure that third parties keep the information received confidential. The activities of such third parties are deemed to be the activities of DPD, for which DPD is liable as for its own activities, except for cross border transport, in which case the rules provided for in clause 1.11 apply).

3.2. DPD may transport the Shipment by any mode of transport and on any route as DPD deems appropriate for the performance of the Agreement in its sole discretion.

3.3. DPD has the right to consolidate Shipments from different Customers and, for example, to place them in one means of transport.

3.4. The Customer grants the Courier access to the Loading Area and the opportunity to stop at the Loading Area safely and lawfully. The Customer is required to reimburse DPD for all costs and losses incurred in connection with accessing (e.g. paid access) or stopping (e.g. paid parking) at the Loading Area).

3.5. DPD does not deliver Shipments “on demand” or to a PO Box address. DPD does not offer Services for which a value or special interest must be declared (Articles 24 and 26 of the CMR, as well as Article 22 of the Warsaw Convention and Article 22 of the Montreal Convention). DPD has the right to refuse to provide the Service where the Customer requests that a Shipment be Transferred to a Recipient who is hospitalised, in a special care facility or a custodial institution.

3.6. Shipment must be handed over to DPD in sealed packaging; DPD does not know and does not check the contents of the Shipment, unless otherwise provided for in the Standard Terms. The Customer is responsible for the content of the Shipment and by placing the order the Customer warrants that the Shipment complies with the requirements of the Agreement (including Clause 8 of the Standard Terms) and the law. The contents of a Shipment must not disturb, damage or endanger persons, property or other Shipments.

3.7. The (specific) terms and conditions of the service are available on the DPD Website or E-service. The estimated delivery time of a Shipment related to the Service depends primarily on the time of placing the Order and the terms and conditions of the Service. Estimated delivery times are usually indicated on the DPD Website or E-service.

3.8. In the course of the performance of the Agreement, DPD may ask the Customer, Recipient or Sender for instructions. In certain cases (e.g. to avoid loss or damage), it may not be reasonable to ask for or wait for instructions, meaning that DPD reserves the right to decide the course of performance of the Agreement. DPD may suspend the provision of the Service until it receives the necessary instructions. DPD is not liable for any loss or damage resulting from missing or incorrect instructions or from delays in giving instructions.

3.9. If the Customer is neither the Recipient nor the Sender, DPD assumes that the Recipient and the Sender have the same rights as the Customer (see clause 2.9). If the Recipient, Sender or Customer, as well as their representatives, do not have the right to give instructions to DPD in the course of the performance of the Agreement or if their rights are otherwise limited in the course of the Service, the Customer undertakes to inform DPD thereof at least in a form reproducible in writing no later than upon submission of the Order. If DPD becomes aware of such restrictions after placing the Order, DPD may but is not required to comply with them, and DPD is not liable for any loss or damage arising therefrom.

3.10. DPD is not liable for the existence and proof of the required active legal capacity and right of representation of the Customer, Sender, Recipient or their representatives. When accepting or delivering a Shipment for Transfer, DPD will verify its identity if this is part of the specific terms and conditions of the Service.

3.11. DPD has the right of lien over the Shipment to secure its claims under the Agreement. For the purposes of exercising the right of lien, it is irrelevant whether the relevant claim made by DPD relates to a specific Shipment in respect of which the right of lien is being exercised or what is the ratio between the monetary value of the claim and the value of the Shipment. DPD also has the right to apply a right of lien to a Customer’s Shipment if DPD has a claim in relation to a Shipment of a Sender or Recipient that is not the Customer’s Shipment. DPD is not liable for any loss or damage resulting from the exercise of the right of lien. In addition, DPD has the right to charge a fee for the storage of such Shipments.

4. PLACING AND CHANGING OF ORDERS

4.1. The Customer submits an order for the provision of the Order Service via E-service, a Pickup Parcel Locker, by e-mailing DPD’s customer service or in any other form provided for in the Agreement. The Customer provides relevant information (including the weight and dimensions of the Shipment, the details of the Sender and the Recipient, the dispatch and destination, the delivery terms in Incoterms if relevant for the Service) and instructions necessary for the provision of the Service in the Order. DPD has the right to request additional information and instructions at its discretion, in particular to price the Service correctly and to ensure that it is provided appropriately. Changing of Orders is permitted only by agreement of the Parties.

4.2. If this arises from a custom and practice established in previous cooperation between the Parties, or if the Customer expressly so requests, DPD will provide the Customer with a price offer for the Service. When making a price offer, DPD will rely on the information provided by the Customer (including the weight and/or dimensions specified in the Order). If the actual weight or dimensions of the Shipment prove to be greater during the provision of the Service, DPD has the right to increase the Service Fee accordingly or refuse to provide the Service and charge a Return Fee. If the Customer accepts DPD’s price offer, the relevant Agreement is deemed to have been entered into from the time DPD received the Customer’s unconditional acceptance. If the Customer’s acceptance of the price offer was given in a form other than in a form reproducible in writing and DPD has started to provide the Service, it shall be assumed that the Customer accepted DPD’s price offer and the Parties entered into an Agreement for the provision of the Service. Unless otherwise stated in the price offer, DPD’s offer is valid for 60 days.

5. PACKAGING, LABELLING, LOADING AND SECURING OF SHIPMENT

5.1. The Customer is responsible for the packaging and labelling of the Shipment.

5.2. The Customer undertakes to package the Shipment in a manner that is appropriate to the content, weight, shape, dimensions, mode of transfer and duration of the Shipment. In doing so, the contents of the Shipment must be protected against all influences that may arise in connection with the automatic sorting and mechanical handling of the Shipment (including dropping on edge, corner or side from up to a height of 80 cm), the consolidation of Shipments (handling of Shipments of different sizes and weights together), due to weather conditions or other circumstances that may reasonably occur in the course of providing the Service. It must not be possible to open the packaging in such a way that subsequently makes it impossible to clearly ascertain whether it has been opened. The DPD Packaging and Labelling Instructions can be found on the DPD Website.

5.3. The Customer undertakes to label the Shipment with the correct contact details of the Sender and the Recipient (including the name, location, telephone number, name of the contact person of the legal or natural person) on the Parcel Label affixed to it. The Customer must bear in mind the specific characteristics of their Shipment. The labelling requirements are set out in the DPD Packaging and Labelling Instructions.

5.4. By accepting a Shipment, DPD assumes no responsibility for the labelling and packaging of the Shipment, and DPD has no obligation to check the labelling and packaging of the Shipment. If DPD discovers defects in the labelling or packaging of the Shipment, DPD has the right to refuse to provide the Service until the Customer has remedied the defects or to remedy the defects itself. The Customer undertakes to compensate for any loss or damage caused by improper packaging or labelling of the Shipment.

5.5. The Customer undertakes to provide DPD with timely and sufficient instructions, at least in a form reproducible in writing, to ensure the preservation of the contents of the Shipment during the provision of the Service, to prevent damage to the Shipment or its contents, as well as damage to persons and property (including to the Shipments of other Customers or means of transport, see clause 3.3) that may result from the Shipment. Whereas, the Customer undertakes to provide DPD with timely and sufficient instructions for the safe loading and unloading of the Shipment and for securing it to the means of transport. In practice, DPD follows the normal loading and securing requirements.

5.6. If the inadequate packaging or labelling of the Shipment, as well as inadequate instructions regarding loading and unloading and securing on the means of transport, disturbs, damages or endangers persons, property or other Shipments, DPD has the right to claim full compensation from the Customer for such loss or damage.

5.7. Accompanying Documents must be in a sealed plastic envelope attached to the outside of the Shipment. The Customer is responsible for the accuracy of the Accompanying Documents.

6. DELIVERY OF SHIPMENT TO DPD

6.1. The Shipment will be delivered to DPD via Courier, a Pickup Parcel Locker or the Distribution Centre.

6.2. The Courier will arrive to collect the Shipment within the timeframe indicated on the DPD Website or specified by DPD. If prescribed in the Service Terms, the Courier shall, upon receipt of the Shipment, prepare a scan record or sign the Shipment manifest; in other cases the Shipment will be deemed to have been handed over to DPD at the time the Courier accepts it.

6.3. Upon receipt of a Shipment, the Courier does not identify (based on an identity document) who delivers the Shipment and it is assumed that the Sender has the right to hand over the Shipment to DPD. DPD is not liable for any loss or damage resulting therefrom. If the instructions of the Sender say to accept the Shipment without the presence of the Sender’s representative, the Sender is responsible for making sure that the Shipment is in a secure place (where only Shipments destined for delivery to DPD are kept) and correctly packaged and labelled.

6.4. In case of reasonable doubt, the Courier has the right to request that the Sender open the Shipment upon acceptance thereof to verify its compliance with the requirements of the Agreement and the law. If the Sender refuses to open the Shipment, the Courier has the right to refuse to accept the Shipment and to record an Empty Run.

6.5. If the Waiting Time is exceeded, the Courier has the right to refuse to accept the Shipment until the Customer has paid the additional fee and/or to record an Empty Run.

6.6. A Shipment is deemed accepted by DPD if:

a. the Courier accepts the Shipment in accordance with clause 6.2;

b. the Shipment is received at the Distribution Centre and there is a scan record;

c. the Customer has processed the Order either in the self-service environment or at a Pickup Parcel Locker, labelled the Parcel in accordance with the requirements set out in clause 5.3, paid for the Service, scanned each Parcel separately and placed the Parcels in a locker with an automatically opened door, then closed the door and made sure it is locked. In the event of non-compliance with the requirements described in this clause, DPD will not be liable for any consequential loss or damage.

6.7. DPD has the right to determine on the DPD Website or otherwise, the maximum quantity, weight or other criteria for Shipments accepted simultaneously.

7. DELIVERY OF SHIPMENTS

7.1. The Shipment will be delivered to the Recipient by Courier or via a Pickup Parcel Locker or Distribution Centre as stated in the Order. Information on the delivery of the Shipment can be found in the Delivery Notification or Arrival Notification.

7.2. In case of exceeding the Waiting Time for delivery of the Shipment, the Courier has the right to record an Empty Run and DPD has the right to refuse delivery of the Shipment until the Customer has paid an additional fee according to the Price List.

7.3. In addition to the provisions of clause 2.25, the person who is present at the address of the Recipient and who accepts the Shipment is also deemed to be the Recipient. The Recipient signs the Proof of Delivery on the touch screen of the Courier’s handheld terminal after making sure the data on the Proof of Delivery is correct (including first name and surname, date and time). If it is not possible for the Recipient to sign the Proof of Delivery on the touch screen of the Courier’s handheld terminal, the Courier will fill in and sign the Proof of Delivery on behalf of the Recipient.

7.4. Unless expressly provided for in the specific terms and conditions of the Service or agreed in advance by the Parties, the identity of the Recipient or their representative is not usually verified by means of an identity document when delivering a Shipment and it is presumed that the person at the Recipient’s address has the right to receive the Shipment. DPD is not liable for any resulting loss or damage.

7.5. If the Recipient, upon delivery of the Shipment, requests to open the Shipment before accepting it, the Courier will refuse to hand over the Shipment, record an Empty Run and the Shipment will be returned in accordance with clause 9.

7.6. A Shipment is deemed delivered to the Recipient if:

a. the Shipment is handed over by the Courier with a Proof of Delivery. In the case of a Service where no Proof of Delivery is issued, the Courier’s scan record or other written proof provided by DPD will serve as proof of delivering the Shipment;

b. the Door Code is entered in the Pickup Parcel Locker.

7.7. If the Shipment cannot be delivered to the Recipient and the Customer:

a. has provided relevant instructions for DPD in the self-service environment, the Courier may leave the Shipment at a location specified by the Customer (e.g. at the front door of a building at the Recipient’s address or at another location, i.e. an Agreed Location), in which case the Courier will fill in and sign the Proof of Delivery on behalf of the Recipient. DPD is not liable for any loss or damage suffered by the Customer as a result of such instructions;

b. has provided relevant instructions for DPD in a reproducible form (including written or voice recorded), the Courier may take the Shipment to a Pickup Parcel Locker;

c. has not provided relevant instructions for DPD or the instructions provided by the Customer cannot be followed, the Courier may take the Shipment to a Pickup Parcel Locker.

7.8. A Shipment that could not be delivered to the Recipient in accordance with clause 7.7.c or for which delivery is impossible (clause 7.11) is deposited at the Distribution Centre where it is held for 7 calendar days and then returned to the Sender or the Customer in accordance with clause 9. The Customer shall pay a Return Fee for returns and additional deliveries in accordance with the Price List.

7.9. DPD has the right to return the Shipment to the Customer without complying with clause 7.8 if it is obvious that the Shipment cannot be delivered. Upon return of the Shipment, the Customer shall pay the Return Fee in accordance with the Price List.

7.10. A Shipment that has been damaged during handling will be returned to the Sender, if possible. Upon return of the Shipment, the Customer shall pay the Return Fee in accordance with the Price List.

7.11. Delivery is impossible in a situation where, for example:

a. the Recipient refuses to accept the Shipment;

b. delivery of the Shipment is not possible due to specific terms and conditions of the Service beyond DPD’s control. For example, if the Recipient does not provide an identity document in the case of Service dependent on identification, or refuses to pay for the goods in the case of Payment on Delivery Service;

c. it is not possible to deliver the Shipment to the Recipient because the Recipient’s postal address is inaccurate, illegible, etc;

d. the Recipient of the Shipment does not live or is not located at the address indicated on the Parcel Label and there is no information about their actual residence or whereabouts;

e. the Recipient does not retrieve the Shipment from the Pickup Parcel Locker within 7 days after sending the Arrival Notice to the Recipient;

f. the Shipment does not fit in the Pickup Parcel Locker.

7.12. In the cases referred to in clause 7.11. the Shipment is returned to the Sender. The Customer pays the Return Fee upon return of the Shipment in accordance with the Price List.

7.13. At the Customer’s request, and if technically feasible (clause 2.28), DPD will issue the Customer with a copy of the Proof of Delivery or an extract from the Proof of Delivery.

8. RESTRICTIONS OF SERVICE AND PROHIBITED ITEMS

8.1. In certain cases, the provision of the Service by DPD is limited or excluded, and therefore DPD does not provide Service for and the Customer is prohibited from providing for Transferring or Forwarding the articles marked as prohibited in clause 8.3 and on the DPD Website. By way of exception, and only with the prior express agreement of DPD in a form reproducible in writing, the Customer may provide for Transferring or Forwarding the articles listed in clause 8.4.

8.2. If DPD becomes aware that the Shipment contains prohibited articles under clause 8.3 or the DPD Website (or articles not previously agreed with DPD in accordance with clause 8.4), DPD has the right to refuse to provide the Service and to suspend the performance of the Agreement and to charge the Customer for the Service. DPD has the right to send prohibited article(s) for disposal if the Customer does not pick up the prohibited article(s). If, DPD, the Customer itself or a third party suffers loss or damage in connection with the storage and/or disposal of prohibited article(s), the Customer bears and compensates for any such losses, irrespective of whether DPD knew or ought to have been aware of the contents of the Shipment; the Customer also has no right to claim damages from DPD (in particular under clause 11) if such Shipments are lost or destroyed in transit.

8.3. It is prohibited to Transfer or Forward the following articles.

a. Shipments that are not properly packaged and/or labelled (clause 5);

b. all goods classified as dangerous goods under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR):

ba. Class 1 Explosive substances and articles containing them

bb. Class 2 Gases

bc. Class 3 Flammable liquids

bd. Class 4.1 Flammable solids, self-reactive substances, polymerisable substances and solid desensitised 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 (e.g. bleach, pipe cleaners)

bm. Class 9 Miscellaneous dangerous substances and articles

c. hazardous waste, medical waste, hypodermic needles and syringes;

d. body parts, body fluids (including medical samples) or human remains, living or dead animals, fish, birds or other organisms of any kind;

e. frozen or perishable goods;

f. firearms, weapons and their parts including air guns, ammunition;

g. fireworks;

h. precious metals (including jewellery and items made of precious metals), precious stones, genuine pearls and watches (e.g. luxury brand watches);

i. cash, coins, collector coins, tokens and stamps;

j. antiques, luxury carpets, furs or other valuables (e.g. unique specimens);

k. all kinds of storage media (e.g. USB stick, hard drive etc.), documents (e.g. identity documents, driver’s licences, graduation diplomas, exam results, tenders, quotations, documents certifying qualification, contracts, vehicle registration documents, insurance documents, bills of lading, etc.). Also, documents that can be exchanged for cash or goods (e.g. gift cards, cheques, vouchers, credit notes, bonds, stocks/shares, banknotes and freely transferable instruments equivalent to cash receipts and gambling tokens);

l. ice;

m. for cross border transport subject to CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions, Shipments and goods the transport of which is prohibited by the laws and regulations of the government, state or local authority of the country of destination;

n. for cross border transport subject to CLASSIC EUROPE and CLASSIC SHOP General Terms and Conditions, Shipments and goods for which DPD must obtain a licence and/or which do not comply with the requirements of international conventions or the laws and regulations of the respective country of dispatch, country of transit or country of destination, or for which a special authorisation (for import or export) is required;

o. Shipments for which a declaration of value is required under Article 24 of the CMR or a declaration of special interest under Article 26(1) of the CMR, as well as Shipments for which a declaration of value or special interest is required under Article 22 of the Warsaw Convention / Article 22 of the Montreal Convention;

p. Shipments the value of which exceeds the amount referred to in clause 2.14, whether or not the Customer has subscribed to the Additional Insurance Service.

8.4. Restrictions apply to the Transfer and Forwarding of the following articles:

a. Shipments of dimensions and weight not in line with the terms of the relevant Service;

b. batteries;

c. aerosols under pressure (e.g. hairsprays, deodorants, aerosol paints, etc.);

d. tobacco products, tobacco related products and accessories, e-cigarettes and accessories;

e. arts and crafts;

f. alcohol;

g. medicinal products;

h. goods requiring temperature-controlled transport. Also goods packaged in a sterile environment (e.g. a sterile medical device or instrument);

i. fresh foods (e.g. fruit and vegetables);

j. liquid containers larger than 5 litres;

k. trees and plants, turf mats, etc.

8.5. Upon reasonable necessity, DPD has the right to open, examine and check the contents of any Shipment (including with an X-ray) without prior notice and without any legal consequences or accompanying liability. Reasonable necessity is deemed to include, in particular, the opening, examination and checking of a Shipment to:

a. make sure that the Shipment is safe and complies with the law and the Agreement Documents;

b. protect the contents of a damaged Shipment;

c. identify the Recipient of the Shipment or the Sender who cannot be otherwise identified;

d. prevent or avoid risks that the Shipment may pose to persons or property;

e. comply with a request arising from a legal act or made by an administrative authority legally entitled to make such requests;

f. identify whether the Shipment contains perishable goods and/or prohibited articles referred to in clause 8.3, articles not agreed in according to clause 8.4 and/or other articles excluded by the Agreement between the Parties.

8.6. The Customer has no right to make claims that may arise in connection with the opening, examination and checking of a Shipment by DPD in accordance with clause 8.5 and/or the related delay in delivery.

8.7. Export controls are carried out in accordance with the export control procedure established in DPD. By entering into the Agreement, the Customer agrees to DPD’s right to check all data relating to the Shipments. The purpose of the checks is to identify Senders and Recipients of goods that have been sanctioned or embargoed by states, associations or international organisations. If the Shipment contains sanctioned goods or if the Sender or the Recipient is a sanctioned legal or natural person, DPD has the right to detain the Shipment and/or to inspect its contents and to notify the Tax and Customs Board of Estonia.

9. RETURNING, DESTROYING OR DISPOSAL OF UNDELIVERED SHIPMENTS

9.1. If delivery of the Shipment fails in accordance with clause 7.7.c, or if delivery is impossible, including in the cases provided for in clauses 7.5, 7.8, 7.9, 7.10 and 7.11, DPD has the right to return the Shipment to the Sender, or if this is not possible, to return the Shipment to the Customer. DPD has the right to charge the Customer a Return Fee upon returning Shipments.

9.2. If it is not possible to return the Shipment to the Sender or the Customer, DPD will store the Shipment or the articles contained therein at the Distribution Centre in accordance with section 2 of § 31 of the Postal Act for six months as of the first occurrence of being undeliverable, unless the contents of the relevant Shipment are rapidly perishable or contain printed matter for advertising or marketing purposes (section 3 of § 31 of the Postal Act) or pose a threat to property or the life or health of people, in which case DPD may destroy the Shipment and its contents at its own discretion.

9.3. Shipments that DPD has deposited at the Distribution Centre for at least six months in accordance with clause 9.2 and that have not been claimed by the Customer will be disposed of by DPD in a reasonable manner (e.g. via public auction or gifting for a charitable cause), taken to waste management or destroyed. Any proceeds from the disposal remain with DPD.

9.4. DPD has the right to claim from the Customer compensation for all costs and damages incurred in connection with the opening, storage, return, destruction and disposal of Shipments referred to in this point. DPD is entitled to this even if delivery of the Shipment is unsuccessful or impossible, or if return of such Shipment is not possible due to circumstances that fall outside the area of responsibility of DPD (including if the Customer fails to pay for the Service and DPD applies the right of lien).

10. SETTLEMENT PROCEDURE

10.1. The Customer is required to pay DPD for the Service in accordance with

a. the Agreement if the Parties have expressly agreed, in a form reproducible in writing, that the Services are subject to different prices from the Price List;

b. The Price List.

10.2. If the Service Terms and/or the Price List change during the term of the Agreement, DPD may provide the Service based on the changed terms and the Customer undertakes to pay for the Service in accordance with the new Price List, unless otherwise expressly agreed between the Parties or the Customer has expressly opted out of the Service.

10.3. In certain cases provided for in the Agreement Documents, DPD has the right to claim from the Customer compensation for additional costs incurred in connection with the provision of the Service (e.g. customs control costs, storage of the Shipment, additional costs incurred in a foreign country if the Shipment does not comply with the shipping requirements of the country of destination) or for damages (e.g. loss or damage caused to another Customer’s Shipment).

10.4. DPD has the right to demand advance payment for the Service and to refuse to perform the Agreement or to suspend the provision of the Service until such advance payment has been transferred to DPD’s account. DPD is not liable for any resulting loss or damage. If the Customer has paid for the Service in advance but the Service is not provided in part or in full for reasons not attributable to DPD, the advance payment will not be refunded to the Customer.

10.5. All other financial obligations not referred to in clause 10.4 shall be compensated by the Customer no later than 14 calendar days from the date of receipt of the relevant claim or invoice from DPD. The invoice or claim is sent to the Customer’s e-mail address and deemed to be received on the following working day.

10.6. If DPD provides the Customer with a Service that was not previously agreed by the Parties, but which was necessary due to circumstances (e.g. to prevent greater loss or damage, due to incorrect instructions from the Customer), the Customer undertakes to pay DPD for the Service in accordance with the Price List or based the costs directly incurred by DPD, whichever is higher.

10.7. Upon delays in the performance of financial obligations, the Party has the right to demand that the other Party pay an interest of 0.1% of the outstanding amount for each day of delay.

10.8. DPD has the right to suspend the provision of the Service and/or the transfer of funds received by DPD on behalf of the Customer in connection with the Service if the Customer fails to duly meet its financial obligations under the Agreement. DPD has the right to set off the amounts payable to it by the Customer against the amounts payable by DPD to the Customer. The Customer has no right to set off any financial claims between DPD and the Customer.

10.9. DPD has the right to assign the Customer’s outstanding financial claims to third parties for the purpose of debt collection. All costs related to debt collection are borne by the Customer.

10.10. DPD may grant credit to the Customer under the terms and conditions and to the extent specified in the credit limit rules.

11. LIABILITY OF THE PARTIES AND ITS LIMITATIONS

11.1. DPD’s liability is limited. In performing the Agreement, DPD bears only the material liability and compensates only for such direct material loss or damage caused by DPD’s fault (intent or gross negligence) and is liable for the actual value of the contents of the damaged or lost Shipment, but not more than the maximum amount provided for in clause 11.3 of the Standard Terms. Material damage does not include indirect damage, including unearned revenues.

11.2. In the case of a Transfer Service, DPD is responsible for the Shipment from picking it up from the Sender until delivery to the Recipient. In the case of a Forwarding service, DPD is only responsible for arranging the Transfer of the Shipment. If DPD is for some reason liable for damage not covered by the above, DPD’s respective liability is in any event limited to the maximum compensation amount stipulated in clause 11.3.b.

11.3. The maximum amount of liability arising under DPD’s Agreement and/or in connection with the provision of the Service is:

a. for loss or damage to a Shipment weighing up to 31.5 kg – 520 euros per Shipment. For Pickup Parcel Locker service – 265 euros per Shipment

b. 8.33 SDRs per every lost or damaged kilogram for Shipments weighing more than 31.5 kg in the case of a Transfer Service and/or a Forwarding Service

c. the Additional Insurance indemnity amount if Additional Insurance was purchased for the Shipment when placing the Order, but for no more than 13,000 euros.

11.4. DPD calculates the value of the contents of the Shipment based on a document certifying acquisition value (purchase invoice), which the Customer is responsible for presenting and proving. For private Customers, we accept documents that clearly prove the content and value of the Shipment, such as: a copy of the payment order made during a purchase or sale transaction; a PayPal transfer statement, a payment order between private persons with a corresponding explanation, a printout of an online auction, a written declaration issued by an online store, etc. When processing international claims, DPD reserves the right to ask the Customer for additional documents other than those mentioned above (including legally binding declarations, denial letters, claims invoices etc.). As DPD does not generally know the contents of the Shipment, the Customer must also prove the contents of the Shipment in the event it is lost. If the Shipment is damaged, provided that the Service is to transport the Shipment article to a repair shop, the assumption is that the Shipment article was already broken. It is up to the Customer to prove otherwise.

11.5. The calculation of compensation payable by DPD is based on the Actual Weight of the Shipment.

11.6. If the Customer proves that a delay in the delivery of the Shipment has caused loss or damage, DPD will compensate the Customer for the loss or damage in an amount up to double the cost of the corresponding Service. Three times the expected maximum delivery time is considered to constitute a delay.

11.7. DPD will not compensate the Customer for any losses or costs not specified in the Agreement Documents, nor shall DPD be liable for any damages incurred by third parties.

11.8. The Customer is liable for any costs and losses resulting from the Customer’s failure to comply with the terms and conditions of the Agreement. The Customer undertakes to pay in full for the Service which DPD failed to duly provide for any reason attributable to the Customer.

11.9. DPD is not liable for any incorrectness or inadequacy of customs documents or the data given therein, nor for the payment of customs duties or value added tax (VAT). The Customer undertakes to pay all costs related to customs clearance.

11.10. If DPD provides a Forwarding Service to the Customer, DPD is liable to the Customer only as an intermediary for the transport service and will bear no liability as a carrier.

11.11. DPD is not liable for any breach of obligations caused by force majeure. Force majeure means any circumstances and their consequences that are beyond the control of DPD and that, at the time the Agreement was entered into, DPD could not reasonably have been expected to take into account, avoid or overcome. Force majeure includes a pandemic or other transnational or transcontinental outbreak of disease, adverse weather conditions, power outage, communications line failure, Internet outage, payment service failures, fire, explosion, war, enactment or amendment of legislation, etc.

12. ENTRY INTO AND TERMINATION OF AGREEMENT

12.1. The Agreement takes effect between the Parties as of the moment of entry into thereof and remains effective until all obligations under the Agreement have been duly met.

12.2. A Party may terminate the Agreement at any time without cause by notifying the other Party thereof in a form reproducible in writing at least 15 calendar days in advance.

12.3. If one Party fails to perform its obligations under the Agreement, the other Party has the right to cancel the Agreement by giving at least 5 calendar days’ advance notice.

12.4. The Party undertakes to duly perform all its obligations arising prior to the cancellation of the Agreement, unless the right of the Party to refuse to perform its obligations under the Agreement is derived from the Agreement Documents or legislation. Notwithstanding the foregoing, the Customer undertakes to pay for all Services provided by DPD upon expiration of the Agreement.

12.5. On the date of termination of the Agreement, all financial obligations between the Parties become due and payable.

13. SUBMITTING CLAIMS AND NOTIFICATIONS, DISPUTE RESOLUTION AND APPLICABLE LAW

13.1. Claims on loss of or damage to a Shipment are deemed to be duly made only if submitted via the DPD Website.

13.2. In filing claims related to the loss of a Shipment, the Parties are governed by the law applicable in the Republic of Estonia.

13.3. Claims on partial loss of or damage to a Shipment must be submitted to DPD no later than within 7 calendar days from the date of delivery of the Shipment. The claim must accurately describe the circumstances and extent of the damage. If the damage or partial loss of the Shipment is apparent upon external inspection and the Recipient nevertheless accepts the Shipment and DPD receives no notice regarding damage or partial loss of the Shipment and no claim from the Customer within the next business day at the latest, it is deemed that the Shipment was delivered in the condition prescribed in the Agreement and the Customer has no claims to the Service provided.

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.

Categories of personal data	Legal basis	Retention
See data related to the provision of services See data related to providing customer account on the myDPD app See data related to preventing fraud, complying with sanctions regulations, protecting of DPD’s rights and interests Information requested by public institutions	Legal obligations	We retain data for no longer than we are subject to a legal obligation

Recipients: Within our organization
HR Department Operations Department Transport Network Department Terminal Sales & Marketing Department Customer Services Department IT Department Quality Management Department Law & Claims Department	Those departments may require some of your data for the purposes described above.
Other DPDgroup Business Units (BUs) GeoPost SA (DPDgroup)	If necessary, we may communicate your data to other BUs or DPDgroup (e.g. to send parcels abroad, for investigations).

Recipients: Outside our organization
Business customers (e.g. sender or recipient of a parcel) Individual customers (e.g. sender or recipient of a parcel)	Those recipients may require some of your data for the purposes described above.
Service providers necessary for our business processes (e.g. payment service providers, insurance companies, IT software providers, recruitment agencies)	Where necessary, we have concluded a Data Processing Agreement with recipients processing personal data on our behalf.
Accountants, auditors, lawyers and other advisors
Law enforcement authorities and courts

Your Rights
Right of access	You have the right to request confirmation from us as to which data concerning you is being processed and whether these data are being transmitted to a third country.
Right to rectification	You have the right to request us to correct incorrect or incomplete data relating to you.
Right to erasure	You have the right to request us to erase data relating to you if they are no longer necessary for the purposes for which they were processed. The same applies if you withdraw consent or object to the processing in absence of an overriding legitimate interest of us or if these data are being unlawfully processed. Note: You may also execute this right where we are subject to a legal obligation to erase these data or when the data have been collected in the context of information society services.
Right to restrict processing of data	You have the right to request us to restrict the processing of your data.
Right to portability	You have the right to request us to provide your data in a portable format.
Right to withdraw consent	You have the right to withdraw your consent to the processing of data relating to you if that processing is based on your consent. Note: The withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of consent.
Right to object	You have the right to object to the processing of data relating to you if the processing occurs on the basis of a legitimate interest.
Direct marketing	You have the right to object to the processing of personal data for the purpose of direct marketing. Note: You have the right to object to such processing at any time.
Automatic decision-making or profiling	We do not use automatic decision-making or profiling.
You have the right to lodge a complaint with a data protection authority	You can lodge a complaint with the Data State Inspectorate of Estonia if you believe that your data is being processed inappropriately Estonian Data Protection Inspectorate 39 Tatari St. EE-10134 Tallinn Note: If you have questions or a complaint concerning the processing of your personal data, please contact our Data Protection Officer to obtain immediate help. Contact our Data Protection Officer: dpo[at]dpd.ee

DPD EESTI AS Standard Terms of Service and Data Protection Notice

DPD EESTI AS standard terms of service

Standard service provision terms of DPD Eesti AS in 2023

DPD Eesti AS Data Protection Notice

For downloading:

Recipients: Outside the EEA
To ensure the provision of certain DPD services, personal data may be transferred to recipients outside the European Economic Area (EEA). Example: Sending a parcel to a country outside the EEA	If necessary, we implement appropriate safeguards to provide an adequate level of data protection or we ask your consent prior to disclosing your data.

DPD EESTI AS Standard Terms of Service and Data Protection Notice

DPD EESTI AS standard terms of service

Standard service provision terms of DPD Eesti AS in 2023

DPD Eesti AS Data Protection Notice

Please note that there are additional special conditions for different services, which can be found in the bottom of the page in "General Terms and Conditions for CLASSIC EUROPE & CLASSIC SHOP" file.

For downloading: