General Terms and Conditions of Business.
Find out about our general terms and conditions of business for parcel and letter shipping. The General Terms and Conditions of Business for DPD CLASSIC apply to our Classic-Service.
1. GENERAL PROVISIONS
3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE
4. SUBMITTING AND AMENDING ORDERS
5. LABELLING, PACKAGING, LOADING AND FASTENING THE CONSIGNMENT
6. ACCEPTANCE OF CONSIGNMENT BY DPD
7. DELIVERY OF CONSIGNMENT
8. LIMITATION AND PRECLUSION OF SERVICE
9. PAYMENT PROCEDURE
10. SPEDITION SERVICE
11. PARTIES’ LIABILITY AND LIMITATIONS OF LIABILITY
12. CLAIMS AND DISPUTE RESOLUTION
13. TERM AND TERMINATION OF CONTRACT
14. FORCE MAJEURE, APPLICABLE LEGISLATION AND CONFIDENTIALITY
1. GENERAL PROVISIONS
1.1. These DPD Eesti AS (hereinafter: DPD) standard terms of service (hereinafter: Standard Terms) apply to the contract between DPD and the Client (hereinafter: Party or Parties) for providing the Service (hereinafter: Contract) and include the fundamentals of the relationship between the Parties. By entering into this Contract, the Client confirms that they have reviewed the Standard Terms and undertake to abide by them.
1.2. More detailed descriptions, fees, guidelines and other conditions regarding the service are available on the DPD Website and Online Service (hereinafter: Website Terms). Upon a conflict between the Standard Terms and the Website Terms, the Standard Terms shall apply unless indicated otherwise on the DPD Website.
1.3. The Standard Terms and Website Terms are integral parts of the Contract. Parties may partially or fully preclude the applicability of the Standard Terms or Website Terms or otherwise modify their agreements in the Contract. Parties undertake to agree on any amendments by email or in writing. DPD has the right to refuse to provide the Service if the Client does not approve the amendment or to suspend the provision of the Service until the Client approves the amendment.
1.4. The Standard Terms apply to the Contract regardless of the form in which the Contract was made (e.g. through the Online Service, by email, in writing, electronically). Parties may enter into a Contract that regulates the terms and conditions upon which the parties have agreed and based on which DPD continuously provides the Service to the Client, e.g. based on separate Orders or at times, in the amounts, and on the routes agreed upon in the Contract (hereinafter: Contractual Client).
1.5. The Standard Terms do not apply to Services regulated by the “General Terms of Service for the CLASSIC EUROPE and PICKUP PARCEL SHOP services provided in the chosen country” (hereinafter: General Terms). If the General Terms refer to the applicability of the Standard Terms or if, pursuant to the General Terms, agreements differing from the General Terms are permitted, then the Standard Terms will be applicable to the respective extent.
1.6. Cooperation between the Parties is also based on the conventions and common practice between the Parties which form an integral part of the Contract. Each Party undertakes to immediately inform the other Party of any change in the Party’s contact person, contact details, or any other circumstance that is important for the proper performance of the Contract.
1.7. Upon providing cross-border services, it is necessary to account for the requirements different countries’ laws and the partners of the DPD group, whereas further information on such requirements is available on the website www.dpd.com. Depending on the country, there may be several circumstances which the Client must take into account (e.g. Consignment delivery methods, requirements for labelling Consignments). The Client cannot refer to their unawareness of the requirements of the partners of the DPD group or the laws of other countries as an excuse.
1.8. 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.
1.9. The Standard Terms, Website Terms, and Privacy Notice (hereinafter: Contractual Documents) are available on the DPD Website and will be provided to the Client by email upon the respective request. DPD has the right to unilaterally amend the Contractual Documents by uploading the updated documents to the DPD Website. The Client must always make sure that they are entering into the Contract or submitting the Order based on currently valid Contractual Documents.
The following terms used in the Standard Terms have the following meanings:
A pallet used for the transport of goods which can be loaded onto a forklift from any of the four sides, as necessary. Consignments with an Actual Weight of more than 31.5 kg must be placed on a Pallet.
2.2. Calculation Weight
The weight of the Consignment based on which the price of providing the Service is calculated, which is equal to the Actual Weight or Volumetric Weight, whichever is higher.
2.3. DPD Website
The website used by DPD which indicates the applicability of the Standard Terms upon providing the Service (e.g. www.dpd.ee). DPD has the right to modify, close, or supplement the DPD Website and 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, shipment and delivery of the Consignment to the Recipient by a Courier, via the Pickup Parcel Shop or a Pickup Parcel Locker.
2.5. Online Service
2.6. Spedition Service/Spedition
The service of organising the Forwarding of the Consignment which does not include the Forwarding of the Consignment.
2.7. Price List
The fees payable by the Client to DPD as provided in the Website Terms or separately agreed in the Contract. The fees included in the Price List may or may not be mentioned in the Standard Terms.
2.8. Distribution Centre
A building where DPD, inter alia, sorts Consignments and stores undelivered Consignments. If necessary, DPD will inform the Client of the location of the Distribution Centre where the Client’s Consignment is.
A natural or legal person who has entered into a Contract for the provision of a Service with DPD. The Client need not be the Sender or the Recipient. The acts and omissions of the Recipient, Sender, and third parties acting in their interests or the interests of the Client are considered acts and omissions of the Client for which the Client is liable as if these acts or omissions were their own.
A DPD representative wearing a DPD uniform (e.g. an employee or a person providing the service on DPD’s behalf) through whom the Service is provided.
2.11. Courier Parcel
A parcel or envelope the minimum and maximum dimensions of which and other applicable conditions are provided in the Website Terms.
2.12. Courier Service
The Forwarding of a Courier Parcel or Multiparcel Consignment to the Recipient by a Courier.
2.13. Delivery Notice
A notice sent by DPD (by SMS, email or otherwise) in the case of certain services, which provides information on the timeframe of delivering the of the Consignment and instructions for changing the time and place of delivery.
2.14. Loading Area
The address indicated on the parcel labelling or the Consignment where the Consignment is to be 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. A functioning lift is required for Consignments weighing more than 31.5 kg that need to be delivered higher than the 5th floor.
2.15. Additional Insurance
An additional service, upon which the Client is indemnified for damage incurred under the insurance conditions to a maximum amount that is equal the value of the contents of the Consignment indicated by the Client, which can be no more than EUR 13,000. Additional Insurance can be applied to the whole Consignment or individual Packaging Units. An agreement on Additional Insurance is valid if made between the Parties in writing or by email before the Consignment is handed over to DPD.
2.16. Additional Service
A service that supplements or provides added value to the Service, for which the Client pays DPD and which is subject to the Standard Terms (e.g. customs clearance, identification, cash on delivery).
2.17. Volumetric Weight
The weight calculated by multiplying the Consignment’s length, height, width, and the volumetric weight unit 1m3=250 kg.
2.18. Multiparcel Consignment
A set of appropriately addressed and packaged Packaging Units which are simultaneously sent from one Sender to one Recipient.
2.19. Waiting Time
The maximum time of 10 minutes over the course of which the Courier receives the Consignment from the Sender or makes delivery of the Consignment to the Recipient. DPD is not liable for damage resulting from exceeding the Waiting Time.
2.20. Parcel Label
A single-use consignment note attached to the Consignment which contains the data necessary for providing the Consignment Service and data concerning the Consignment. The Parcel Label is attached to the top side of the Parcel. In order to ensure that the Parcel can be processed accurately and quickly, the Parcel Label should not be damaged and should not extend to any other sides of the Parcel. In case of Consignments comprising up to five Pallets, the Parcel Label is attached to the side of the Consignment. For Consignments comprising six or more Pallets, the DPD representative will provide instructions for the Parcel Label on a case-by-case basis. The Parcel Label must use the Latin alphabet and Arabic numerals. The use of abbreviations or symbols is prohibited. The Client is responsible for filling in and approving the Parcel Label. DPD is not liable for damage resulting from a failure to abide by Parcel Label requirements.
Courier Parcel or Multiparcel Consignment.
2.22. Packaging Unit
A separately packaged Courier Parcel.
2.23. Pickup Parcel Locker
A stationary, easily accessible device that is open 24 hours a day and enables to receive Courier Parcels from Senders and to send them to Recipients. The Courier Parcel is released to the Recipient based on a Door Code. The locations of Pickup Parcel Lockers are available on the DPD Website.
2.24. Pickup Parcel Shop
Undertakings (e.g. shops, petrol stations) that accept Courier Parcels from Senders and deliver Courier Parcels to Recipients on behalf of DPD. The release of a Courier Parcel to a Recipient takes place based on a PIN code sent to the Recipient’s mobile phone or based on an identification document. If a representative of the Recipient is to take delivery of the Courier Parcel, the representative must, in addition to the PIN code, also state the number of the Courier Parcel and the name of the Recipient. The locations of Pickup Parcel Shops are available on the DPD Website.
2.25. Actual weight
The weight of the Consignment in kilograms, as determined by weighing the Consignment.
An appropriately addressed and packaged Courier Parcel, Multiparcel Consignment, Pallet or set of Pallets subject to Forwarding or Spedition from one Sender to one Recipient, the journey and release of which can be tracked.
2.27. Arrival Notice
A notice sent to the Recipient of the Consignment about the arrival of the Consignment at the Pickup Parcel Locker or a Pickup Parcel Shop and the location where the Recipient can take delivery when using the Forwarding Service. The Arrival Notice will be sent to the Recipient via SMS and/or electronically.
The person who wishes to Forward the Consignment to the Recipient and in whose name the Consignment has been given to DPD.
The person to whom the Consignment is to be Forwarded and who is entitled to take delivery of the Consignment.
2.30. Consignment Documents
Documents necessary to conduct the customs and other formalities related to the Consignment.
2.31. Return Fee
The fee payable by the Client to DPD for returning the Consignment to the Sender.
2.32. Confirmation of Delivery
A confirmation of delivery of the Consignment given by the Sender or the Recipient by signing a touchscreen, the relevant hard-copy document at a Pickup Parcel Shop, or by entering the door code at a Pickup Parcel Locker. DPD supplementing or amending the methods of providing Confirmation of Delivery does not constitute an amendment to the Standard Terms.
The Forwarding, Spedition and/or Additional Service provided to the Client by DPD. The term ‘Service’ also encompasses services which are not included in the definitions of Forwarding, Spedition or Additional Services regardless of whether the Parties agreed on the provision of the service, if the provision of such a service is necessary e.g. to avoid or to mitigate greater damage, to follow the Client’s instructions or otherwise.
An instruction given to DPD by the Client to provide a Service.
2.35. Unladen Journey
A journey made to provide the Service during which no Consignments are given to the Courier or are delivered by the Courier. DPD has a right to charge a fee for Unladen Journeys.
2.36. Door Code
A numerical code which is included in the Arrival Notice when the Consignment arrives at a Pickup Parcel Locker and which opens the door of the locker that contains the Consignment at the Pickup Parcel Locker
2.37. Shipping Fee
The fee for Forwarding the Consignment. For Spedition Services, the cost of Spedition of the Consignment unless indicated otherwise.
3. GENERAL PRINCIPLES OF PROVIDING THE SERVICE
3.1. DPD can use third parties to perform the Contract who will provide the Service pursuant to the Contract and ensure the high quality and standards established by DPD for providing the Service. DPD discloses information to third parties only to the extent it is necessary for them to properly provide the Service or part thereof. DPD will do everything in its powers to ensure that the third parties maintain the confidentiality of the information received. The acts and omissions of such third parties are considered acts and omissions of DPD for which DPD is liable as if these acts or omissions were its own, taking into account the provisions of the Standard Terms (e.g. section 1.7).
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. DPD is not liable for damage resulting from the choice of the means of transport or the route.
3.3. DPD has the right to consolidate the Consignments of different Clients. Therefore, the Client’s Consignment, particularly if it does not meet the requirements of the Contract, may cause damage to the Consignments of other Clients and/or cause other damage (e.g. to the means of transport). The Client undertakes to compensate the aforementioned damage, incl. indirect damage.
3.4. DPD does not forward Consignments “poste restante” or to post box addresses. DPD does not enable Clients to declare a special interest of delivery
3.5. The Client is responsible for the contents of the Consignment. DPD has no obligation to check the contents of the Consignment. By submitting the Order, the Client represents that the Consignment meets the requirements of the Contract (incl. the Standard Terms) and the law.
3.6. The estimated time of delivery of the Consignment depends primarily on the time of submitting the Order. Estimated times of delivery are provided in the Website Terms. DPD may provide a time-specific Service if the Parties have previously agreed on this in writing or by email and the Client has made a prepayment on DPD’s demand.
3.7. 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 received. DPD is not liable for damage resulting from incorrect instructions or delays in providing instructions.
3.8. If the Client is neither the Recipient nor the Sender, then DPD shall presume that the Recipient and Sender have the same rights as the Client (see section 2.9). If the Recipient, Sender or e.g. one of the Client’s employees does not have the right to give instructions to DPD in the course of performing the Contract or if their rights are otherwise limited in the course of the Service, then the Client undertakes to inform DPD respectively by email or in writing no later than upon submitting the Order. If DPD becomes aware of such restrictions later, then DPD may abide by them but is not obligated to do so and is not liable for any damage resulting therefrom.
3.9. DPD is not responsible for verifying or proving the legal capacity and right of representation of the Client, Sender, Recipient, or persons used by them in the performance of the Contract.
3.10. DPD has the right to exercise a lien on the Consignment. When exercising a lien, it is irrelevant whether the debt is related to the Consignment on which the lien is exercised and what the value of the debt is in proportion to the value of the Consignment. DPD has a right to exercise a lien on the Client’s Consignment also if the debt is related to a Sender’s or Recipient’s Consignment that is not the Client’s Consignment. DPD is not liable for damage caused as a result of exercising a lien and DPD also has the right to charge a fee for storing the Consignment.
4. SUBMITTING AND AMENDING ORDERS
4.1. The Client can submit an Order for the Service through the Online Service, a Pickup Parcel Shop, a Pickup Parcel Locker, by an email to the DPD customer service or in any other form pursuant to the Contract. In the Order, the Client will submit the essential data (e.g. the weight and dimensions of the Consignment, Incoterms, point of origin and destination) 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.
4.2. The price quoted by DPD is based on the information submitted by the Customer and applies under normal conditions (e.g. the Consignment is not hazardous, oversize, and does not require special handling) unless otherwise notified by DPD. The price quoted by DPD is valid for 1 calendar month unless the quote indicates a shorter or longer term. The quote does not guarantee space on any specific means of transport. The Client accepts the quoted price by email or in writing.
4.3. The service is provided and the fee is determined based on the weight and/or dimensions determined by DPD.
4.4. The Parties agree that the Client undertakes to pay DPD for the Service provided. This means that DPD has the right to demand an additional fee if amendments are made to the conditions of the Service or if other circumstances arise (e.g. section 9.2). The Client must keep in mind that making amendments may also result in modifications to other conditions of the Service (e.g. the estimated time of delivery). DPD may, at its discretion, consider the making of amendments as a new order (e.g. primarily if the amendments are extensive). Upon amending the Order or upon a new Order, DPD has the right to demand a prepayment from the Client and DPD has the right to refuse to provide the Service until the prepayment has been deposited into DPD’s account.
5. LABELLING, PACKAGING, LOADING AND FASTENING THE CONSIGNMENT
5.1. The Client is aware of the contents of the Consignment and undertakes to give DPD timely instructions that are necessary to properly provide the service with the purpose of ensuring that the contents of the Consignment are unviolated, undamaged, and preserved. Primarily due to the above and due to section 3.5, the Client is responsible for labelling, packaging, loading and fastening the Consignment.
5.2. The Client organises the correct labelling and packaging of the Consignment and is liable for any damage caused by the failure to do so. The Website Terms contain recommendations on how to correctly label and package the Consignment. The Client must also take into account the specifics of their Consignment.
5.3. The Client undertakes to label each Consignment (incl. each Packaging unit) with the correct contact details of the Sender and the Recipient (the legal or natural person’s name, location, telephone number, and contact person’s name) on the Parcel Label attached to the Consignment.
5.4. The Client undertakes to ensure that the Consignment is packaged in sealed packaging that can withstand transport. 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 (minimum allowed drop height 80 cm diagonally), weather or other circumstances which may reasonably arise in the course of Forwarding. The contents of the Consignment must not have any damaging effect on DPD, the actual transporter of the Consignment, or other Consignments. It must not be possible to open the Consignment in a way that makes it impossible to later definitively ascertain that the package was opened
5.5. DPD does not assume liability for labelling and packaging the Consignment upon accepting the Consignment. DPD has no obligations to check the labelling or packaging of the Consignment. If DPD discovers deficiencies in the labelling or packaging of the Consignment, then DPD has the right to refuse to provide the Service until the Client has remedied the deficiencies or to remedy the deficiencies itself. The Client undertakes to compensate any expenses incurred as a result.
5.6. The Client undertakes to give DPD timely instructions that are necessary to ensure that the Consignment is properly loaded and fastened to the means of transport. In practice, DPD acts on the basis of common requirements for loading and fastening unless the Client has instructed DPD otherwise. The Client is responsible for the loading and unloading and fastening of the Consignment.
5.7. Consignment Documents must be in an envelope that is attached to the outer side of the Consignment.
6. ACCEPTANCE OF CONSIGNMENT BY DPD
6.1. The Consignment is delivered to DPD through a Courier, a Pickup Parcel Locker or a Pickup Parcel Shop.
6.2. The Courier will arrive to take delivery of the Consignment at times indicated in the Website Terms. Upon accepting the Consignment, the Courier makes a scan record or signs the Consignment manifest, which is sufficient proof of taking delivery of the Consignment. If the Consignment consists of several Parcels, the scan records may be made at the Distribution Centre, where the number of Parcels and other characteristics are determined, after which the Consignment is deemed delivered to DPD. In this case, the Parties are guided by the characteristics determined at the Consignment Centre unless otherwise proven by the Client.
6.3. Upon accepting a Consignment, the Courier is not obligated to verify the identity of the person delivering the Consignment based on an identification document. DPD has the right to assume that a person located at the Sender’s address has the right to deliver the Consignment. DPD is not liable for any damage resulting from this.
6.4. Upon a reasonable doubt when 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 the law. If the Sender refuses to open the Consignment, the Courier has the right to refuse to accept the Consignment and to consider it as an Unladen Journey.
6.5. The Client shall provide the Courier access to the Loading Area at the Sender’s location and the possibility of safely stopping at the Loading Area. The Client is obligated to compensate DPD for all expenses incurred in relation to access to the Loading Area (paid entry, paid parking, or other expenses or damage).
6.6. Upon the Waiting Time being exceeded, the Courier has the right to refuse to accept the Consignment until the Client has paid an additional fee or to consider the situation an Unladen Journey
6.7. Consignments are deemed delivered to and accepted by DPD as follows:
a) Consignments delivered to a Courier – in accordance with section 6.2;
b) Consignments delivered to a Pickup Parcel Locker – the Client has paid for the Service, placed the Consignment in a locker automatically opened for the Client’s Consignment, and closed the locker in a manner that ensures that the door is locked;
c) Consignments delivered through a Pickup Parcel Shop – the Client has paid for the Service, given the Consignment to the representative of the Pickup Parcel Shop, and the Client has been issued a receipt for the delivery of the Consignment.
6.8. DPD has the right to determine in the Website Terms the maximum amount of Consignments that can be accepted simultaneously.
7. DELIVERY OF CONSIGNMENT
7.1. The Consignment is Forwarded in accordance with the Order submitted by the Client by Courier, a Pickup Parcel Locker or a Pickup Parcel Shop. Information on the timeframe of delivery and further information is available in the Delivery Notice or the Arrival Notice.
7.2. The Client shall provide the Courier access to the Loading Area at the Recipient’s location and the possibility of safely stopping at the Loading Area. The Client is obligated to compensate DPD for all expenses incurred in relation to access to the Loading Area (e.g. paid entry, paid parking).
7.3. Upon the Waiting Time being exceeded, the Courier has the right to act as provided in section 6.6.
7.4. A person located at the Recipient’s address is deemed the Recipient. The person accepting delivery of the Consignment will leave their name, signature, and date and time of delivery on the Confirmation of Delivery.
7.5. In accordance with the Client’s instructions, upon the Recipient’s absence, DPD has the right to leave the Consignment at the Recipient’s address (e.g. in front of the front door), in which case the Courier will complete and sign the Confirmation of Delivery on behalf of the Recipient. DPD is not liable for any damage resulting from this.
7.6. The Client has the right to demand a copy of the Confirmation of Delivery from DPD within three months and for Order submitted through the Online Service within six months of delivery of the Consignment. The obligation to pay for the Service or the obligation to perform any financial obligation is not dependent on the issuing of the Confirmation of Delivery.
7.7. DPD is not obligated to verify the identity of the of the Recipient or their representative based on an identification document. DPD has the right to assume that a person located at the Recipient’s address has the right to accept delivery of the Consignment. DPD is not liable for any damage resulting from this.
7.8. If the Recipient demands that the Consignment be opened, DPD has the right to refuse to deliver the Consignment and consider the situation an Unladen Journey.
7.9. A Consignment is deemed delivered to the Recipient as follows:
a) Consignments delivered by a Courier – as of signing the Confirmation of Delivery;
b) Consignments delivered to a Pickup Parcel Locker – as of the Door Code being entered into the Pickup Parcel Locker;
c) Consignments delivered through a Pickup Parcel Shop – as of signing the Confirmation of Delivery, whereas the prerequisite to delivering the Consignment is that the Recipient states the correct PIN code or personal identification code. Furthermore, the Recipient’s representative must also state the number of the Courier Parcel and the name of the Recipient.
7.10. If the Consignment cannot be delivered to the Recipient because there is no-one present at the delivery address and DPD has not been instructed to leave the Consignment at the Recipient’s address, then the Courier will leave the respective notice to the Recipient’s address, if possible, and the Consignment will be delivered to the Distribution Centre for storage. DPD will make a total of two delivery attempts. Non-delivery of the Consignment does not affect the Client’s obligation to pay for the Service provided.
7.11. Consignments are store at the Distribution Centre for 7 calendar days. Additional delivery attempts are made based on an additional agreement between the Parties. Upon the expiry of the 7-day storage period, the Consignment is returned to the Sender. The Client will pay for the return and additional delivery attempts pursuant to the Price List, see also section 2.31.
7.12. If it is immediately discovered that delivery is impossible, the Consignment will be returned to the Sender without following the provisions of section 7.10. The reason for the return will be indicated by the Courier on the Confirmation of Delivery. The Client will pay for the return of the Consignment pursuant to the Price List, see also section 2.31. Situations where delivery is impossible include, but are not limited to the following:
a) The Recipient refuses to accept delivery of the Consignment;
b) The Consignment cannot be forwarded to the Recipient due to their postal address being inaccurate, illegible etc.;
c) The Recipient of the Consignment does not live or is not located at the address indicated on the Consignment and there is no data on their new location or place of residence.
7.13. If the Recipient does not take the Consignment out of the Pickup Parcel Locker or 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 of the Consignment pursuant to the Price List, see also section 2.31.
8. LIMITATION AND PRECLUSION OF SERVICE
8.1. In certain cases, the provision of the Service by DPD is limited or precluded. Information on this has primarily been provided in the Standard Terms and Website Terms which DPD asks the Client to review when entering into the Contract or each time before submitting an Order. If cross-border Services are provided, then the provisions of section 1.7 must also be taken into account.
8.2. Before giving the Consignment to DPD, the Client is obligated to inspect the Consignment and to notify DPD of items listed in section 8.5. The Client undertakes to compensate expenses and damage resulting from a failure to notify DPD when giving objects listed in section 8.5 for Forwarding or Spedition.
8.3. The Client does not have the right to provide items precluded from Forwarding and Spedition under section 8.5 for Forwarding or Spedition. If the provision of the Service is precluded, then DPD has a right to refuse to provide the Service immediately upon becoming aware of this, whereas the Client undertakes to compensate the Shipping Fee. If the Client has made a prepayment, then the prepayment is non-refundable.
8.4. Upon a separate agreement between the Parties, the Service may be provided for objects marked with an asterisk in section 8.5.
8.5. Objects, the Forwarding or Spedition of which is precluded or limited (marked with an asterisk):
a) hazardous and flammable goods, including hazardous waste, medical waste, hypodermic needles and syringes, firearms, arms (*), ammo, explosives, fireworks, chemicals, acidic, corrosive and irritating substances;
b) batteries (*);
c) tobacco products (*);
d) works of art, jewellery (including watches) (*), precious metals (including gold and silver items), precious stones, real pearls, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, antiques, rugs, furs or any other valuables,
e) cash, coins, collector coins and stamps (*);
f) 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);
g) alcohol, including wine, beer, and spirits (*);
h) any types of liquids (*) and ice;
i) televisions or monitors with screens larger than 37 cm (*);
j) body parts 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;
k) goods prohibited under the legislation of the government, state or local authority of the destination country;
l) goods which need to be transported in a controlled temperature environment;
m) Consignments and goods the shipping of which requires DPD to obtain a license and/or which do not meet the requirements of international conventions and legal norms or which require a special authorization (for import or export);
n) tenders, preliminary qualification documents for concluding contracts, and copies of exam papers;
o) Consignments with a value that exceeds the amount indicated in section 2.15;
p) Consignments to be Forwarded to a person who is subject to in-patient care at a hospital or to a person held at a detention facility.
8.6. DPD has the right to open and inspect (incl. using x-ray devices) the Consignment at any time without notice or liability. In particular, DPD has this right when it is necessary to ascertain that the Consignment is safe and in accordance with the requirements of the Contract, legislation, and DPD contractual partners. Consignments are opened and inspected primarily for the following purposes:
a) to protect the contents of a damaged Consignment;
b) to identify the Recipient or Sender of the Consignment who cannot be otherwise identified;
c) to avoid threats that the Consignment may pose to people or property;
d) to fulfil the requirements of the law or authorities;
e) to determine whether the Consignment contains easily perishable goods and/or other goods, the transport of which is prohibited under the Contract.
8.7. If it is impossible to deliver the Consignment (e.g. incorrect address, Recipient cannot be identified, Recipient refuses to take delivery of the Consignment, refusal to pay the fee for cash on delivery services) or if the agreed number of attempts of delivery of the Consignment have been made, then DPD has the right to return the Consignment to the Client as follows:
a) for Services within the EU, immediately without asking for instructions from the Client;
b) if there is a need to pay a customs tax, then if the payment of the customs tax is delayed by at least 7 calendar days.
8.8. DPD has the right to partially or fully sell or destroy the Consignment if the provision of the Service is delayed (e.g. unable to deliver to the Recipient), if the Consignment is or may be hazardous, easily perishable, if the preservation or storage of the Consignment would cause unreasonably large expenses, if the Client delays payment for the Service or for another reason. DPD has the right to destroy the Consignment particularly when it is impossible to sell the Consignment or when destruction is reasonable (e.g. a hazardous or easily perishable Consignment). The sale does not have to be a public auction and DPD will use the proceeds to cover its expenses. DPD will give prior notice to the Customer about the intent to sell or destroy the Consignment, if this is reasonable and possible considering the circumstances.
9. PAYMENT PROCEDURE
9.1. The Client normally pays for the Service pursuant to the Contract. Prices can be agreed upon separately in the Contract or given in the Website Terms. In certain cases, the Client is obligated to compensate the expenses of DPD’s contractual partners (e.g. customs clearance expenses, storage of Consignments), other expenses or damage.
9.2. If DPD provides the Client a Service that was not agreed upon but was necessary due to the circumstances (e.g. avoiding greater damage, incorrect instructions from the Client), then the Client undertakes to pay DPD for the Service pursuant to the Price List. If Parties have not agreed on the fee for the respective Service in the Contract, then the Parties will refer to the fee indicated in the Website Terms or expenses incurred by DPD, whichever is higher.
9.3. The Client will make a prepayment to DPD before the Service is provided. The Client will fulfil all other financial obligations within 14 calendar days of receiving the respective claim or invoice from DPD. Invoices and claims are submitted to the Client’s email address and deemed delivered on the first workday following the day the invoice or claim was sent.
9.4. The prepayment must be deposited to DPD’s bank account. DPD has the right to refuse to perform or to suspend performance of the Contract until the prepayment is deposited to DPD’s bank account. DPD is not liable for any damage resulting from the above.
9.5. 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 0.07% of the overdue amount for each day delayed.
9.6. If the Contract stipulates a lower fee for the Client compared to the Website Terms, then if the Client fails to perform a financial obligation on time, it is deemed that the lower is no longer applicable and the fee stipulated in the Website Terms must be paid
9.7. If DPD and the Client have agreed on a lower fee for the Client compared to the Website Terms, then if the Client has not used the Service for three consecutive calendar months, DPD has the right to subsequently apply the prices stipulated for the Service in the Website Terms.
9.8. DPD may, at its discretion, demand a Client to make a prepayment. DPD has the right to refuse to provide the Service until the prepayment is made. If the prepayment is made but the Service is partially or fully not provided due to reasons independent of DPD or if other grounds exist, then the Client is not entitled to a refund.
10. SPEDITION SERVICE
10.1. If DPD provides Spedition Services to the Client, then DPD is liable before the Client only as the broker of the transport service, i.e. DPD is in no case liable before the Client as the transporter.
10.2. Issues not regulated by the Standard Terms shall be subject to the 2015 General Conditions of the Estonian Logistics and Freight Forwarding Association.
11. PARTIES’ LIABILITY AND LIMITATIONS OF LIABILITY
11.1. Parties are aware that DPD’s liability is limited and that DPD is liable only if it is at fault and only for direct material damage. DPD calculates the value of the contents of the Consignment based on a document evidencing acquisition value, which the Client is obligated to provide.
11.2. In the case of Forwarding Services, DPD is liable for the Consignment as of accepting it from the Sender until delivery to the Recipient. For Spedition Services, DPD is only liable for organising the Forwarding of the Consignment. If DPD is for whatever reason held liable for damage not included in the above, then DPD’s liability is limited in any case.
11.3. In the case of Forwarding Services, DPD’s maximum liability for the loss of or damage to a Consignment weighing up to 31.5 kg is EUR 520 per Consignment (in the case of Pickup Parcel Locker and Pickup Parcel Shop deliveries, EUR 256 per Consignment) and in the case of Forwarding a Consignment weighing over 31.5 kg SDR 8.33 (Special Drawing Right) per kilogramme of the lost or damaged Consignment. If the Client has purchased Additional Insurance for the Consignment, DPD’s maximum liability before the Client is the insurance amount indicated in the Additional Insurance.
11.4. DPD will not compensate the Client for damage and expenses not mentioned in the Contract and DPD will also not indemnify damage caused to third parties.
11.5. The Client is liable for expenses and damage arising from the Client’s non-compliance of 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.
11.6. DPD is not liable for completing customs documents or for the inaccuracy or insufficiency of data provided therein or for the payment of customs or value added tax. The Client undertakes to cover all expenses related to customs clearance.
11.7. The Client waives any claims against DPD which arise due to damage and/or delay resulting from the opening, inspection and checking of the Consignment. The Client will compensate DPD for expenses and damage related to opening, returning, destroying and selling the Consignment.
11.8. The Client does not have the right to set off financial claims between DPD and the Client.
12. CLAIMS AND DISPUTE RESOLUTION
12.1. Claims are submitted to and deemed received by DPD if submitted via the DPD Website.
12.2. If a claim is filed in relation to the loss of or damage to a Consignment, the extent of the loss or damage must be described in detail. If the damage to or (partial) loss of the Consignment can be discovered upon visual inspection of the Consignment but the Recipient nevertheless received the Consignment without any remarks, then it is deemed that the Recipient has waived all claims against DPD in relation to the loss of or damage to the Consignment.
12.3. The Parties will resolve any disputes arising in relation to the Service by negotiations. Upon a failure to resolve the dispute, the dispute will be referred to Harju County Court as the court of first instance and resolved pursuant to Estonian law.
13. TERM AND TERMINATION OF CONTRACT
13.1. The Contract enters into force upon being concluded between the Parties and is valid for an unspecified term. Upon termination of the Contract, the sections of the Contract which by their nature do not expire with the termination of the Contract (e.g. the right to submit claims, section 14.3) remain valid. All financial obligations between the Parties become due on the date of termination of the Contract.
13.2. Either Party has the right to cancel the Contract with or without cause at any time by providing the other Party advance notice of at least 15 calendar days in writing or by email. If the Client terminates the Contract for a reason independent of DPD, then DPD has the right to demand a contractual penalty in an amount that equals the maximum amount the Client paid for Services in any quarter of the past calendar year but no less than EUR 1000. The previous sentence is not applicable to Clients who are consumers.
13.3. If a Party fails to perform their obligations pursuant to the Contract, the other Party has the right to cancel the agreement by giving advance notice of at least 10 calendar days.
13.4. Until the termination of the Contract, DPD undertakes to provide all Services in process and Orders accepted for fulfilment, unless DPD has the right to refuse to provide the Service or the termination of the Contract takes place due to a breach by the Client. The Client undertakes to pay for all Services provided by DPD.
13.5. DPD has the right to unilaterally amend the Contractual Documents as the Services develop. DPD may amend Contractual Documents, if:
a) it is necessary due to a change in applicable legislation or interpretation thereof;
b) a new Service is implemented or an existing Service is discontinued;
c) repeated feedback from Clients leads to a change;
d) a court judgment 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 security of the Services;
g) unforeseen circumstances occur which reasonably necessitate the change.
13.6. DPD will provide notice of amendments through the DPD Website at least two weeks prior to the new Contractual Documents entering into force. Clients will not be separately notified of the amendments. If a Client does not agree to the aforementioned changes, the Client has the right to terminate the Contract during the two weeks prior to the changes entering into force. If the Client continues to use DPD Services after the expiry of the said two-week term, then it is deemed that they have agreed to the amendments. Newly applicable amendments do not apply to Services which have been paid for prior to the amendments entering into force unless the amendments do not prevent the subsequent use of such Services and do not unreasonably damage the Clients affected by such Services.
13.7. If the Parties have agreed on a Price List in the Contract, then DPD may change the Price List by notifying the Contractual Client by email two weeks in advance. If the Client does not accept the changes to the Price List, the Client may cancel the Contract within the aforementioned two-week term. If the Client continues to use the DPD Service after the expiry of the aforementioned two-week term, then they are deemed to have accepted the changes to the Price List. Newly applicable amendments do not apply to Services which have been paid for prior to the amendments entering into force unless the amendments do not prevent the subsequent use of such Services and do not unreasonably damage the Clients affected by such Services.
14. FORCE MAJEURE, APPLICABLE LEGISLATION AND CONFIDENTIALITY
14.1. DPD is not liable for breaches caused by force majeure. Force majeure includes any unforeseeable circumstances which are not caused by DPD or the Client or which they have no control over (e.g. fire, explosion, natural disasters, war, decisions of authorities and government bodies, interruptions in internet connection, interruptions in payment services etc.).
14.2. The Service is provided subject to the laws of the Republic of Estonia. In issues which the Parties have not agreed upon in the Contract, the Parties shall be guided by the 2015 General Conditions of the Estonian Logistics and Freight Forwarding Association, ELFA´s General Terms and Conditions for Warehousekeepers, CMR and other legislative acts. CMR is also applied to transport within Estonia.
14.3. 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.
General Terms and Conditions of the Service Provider for the “CLASSIC EUROPE and “CLASSIC SHOP” Services in Selected Countries (updated and in force as of 01/01/2019)
1.1 Scope of application
These Conditions govern the contractual relationships between the Customer and the Service Provider and apply to the Services designated as “CLASSIC EUROPE”, and “CLASSIC SHOP” and involving the cross-border shipment from the territory of one of the Selected Countries to the territory of one or more of the Delivery Country. They shall come into effect on 01/01/2019.
No agent or employee of the Service Provider is permitted to alter or vary these Conditions in any way unless expressly authorized to do so by an executive director of the Service Provider.
Attention of the Customer is drawn:
- to the fact that a Contract governed by these Conditions shall only be concluded with a Customer as defined below. Consumers are expressly excluded from the benefit of these Conditions.
- to Sections 8 and 9 which limit the liability of the Service Provider, its employees and agents in certain circumstances.
The Service Provider reserves its right to unilaterally and without notice modify or supplement the Services and these Conditions. These conditions may be printed on the Transportation Document, but the Service Provider shall only be bound by the updated electronic version of these Conditions available on the website of the Service Provider, under the relevant provisions applicable to the “CLASSIC EUROPE” and “CLASSIC SHOP” Services, at www.dpd.ee, the link to which the Customer is invited to refer before signing any Transportation Document for any Parcel.
1.2 Language versions
These Conditions have been drawn up in English and in the official language of the country from where the Customer has shipped the Parcel (hereafter “Local Language”), as indicated on the Service Provider website at www.dpd.ee. In the event of inconsistencies, the Local Language version shall be deemed to be authoritative.
2. Definitions and Interpretation
In these Conditions the following expressions shall have the meaning hereby respectively assigned to them:
shall mean the Service to a Delivery Address, also called by the Service Provider in the following Selected Countries into brackets: CLASSIC (ES) DPD CLASSIC (BE, HR, CZ, EE, DE, LT, LV, LU, NL, PL, SK, CH, UK), DPD Classic Europe (HU, FR), DPD Classic International (RO), DPD Classic – Europe by Road (IE), Chrono Classic (FR, PT), or DPD Private (CZ).
shall mean the Service to a Pickup Parcel Shop, also called by the Service Provider in the following Selected Countries into brackets: Chrono Relais Europe (FR), 2SHOP (ES, LU, BE, NL), Pickup Pakipood (EE), DPD relais (FR), Parcelshop Delivery (DE), Pickup Paku Bode (LV), or Pickup siuntų taųkas (LT).
means the Convention on the Contract for the International Carriage of Goods by Road of May 1956 Geneva as amended by the Protocol of July 5th 1978 Geneva and the Protocol of 2008 Geneva.
means the product specific code used to classify the goods comprised in any Parcel for import and export duty.
shall mean these General Terms and Conditions of the Service Provider for the “CLASSIC EUROPE and “CLASSIC SHOP” Services for the Selected Countries which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by the Service Provider from time to time.
"Consignee" or “Recipient”
means the person to whom the Parcel is addressed and whose name is mentioned as Consignee or Recipient on the Transportation Document.
means the forwarding agency contract extending as the case may be to other services between the Customer and the Service Provider into which these Conditions shall be deemed to be incorporated.
"Customer" or “Sender”
means any person natural or legal (including a firm or a company) acting within the scope of a professional or business activity, excluding any consumer, that enters into a Contract with the Service Provider irrespective of whatever scheme whereby the Parcel is sent by any person acting on behalf of the Customer.
means the place of delivery indicated by the Customer or the Consignee.
means the conditions of delivery applicable to the Parcel as specified in Appendix 2 of these Conditions and as available and precisely described on the website of the Delivery Service Provider at www.dpd.ee, which may differ from one Delivery Country to the others.
means the countries in which the Parcel can be delivered as listed in Appendix 2.
“Delivery Service Provider”
means the DPD Network Member in charge of the delivery in the Delivery Country.
means an alternative address indicated by the Consignee as Inflight Option for the CLASSIC EUROPE Service where a duly authorized Recipient can be found by the Delivery Service Provider and where the Delivery Service Provider can attempt to deliver the Parcel and as specified in the Delivery Conditions of the Delivery Service Provider indicated on the website at www.dpd.ee.
“DPD Network Member”
means a company part of the DPD Network as well as its respective employees and agents and independent contractors.
means one of the following companies: DPD GmbH and Co KG, franchisees and cooperation partners of DPD GmbH and Co KG, GeoPost SA, their subsidiaries and branches, as the case may be acting through agents and independent contractors.
means an electronic signature capture device which is capable of receiving, storing and transmitting Customer information, including signatures.
means the European Economic Area and its member states included at the time of sending the Parcel.
means the European Union and its member states included at the time of sending the Parcel.
means the various options proposed at Predict by the Delivery Service Provider for delivery which can be elected for or modify by the Recipient before the first delivery attempt as specified in the Delivery Conditions on the website of the Delivery Service Provider at www.dpd.ee.
"Intellectual Property Rights"
means patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
means the age at which a person by law attains the capacity to engage in certain transactions or be treated legally as an adult means, if required by the law in the Selected Country and/or in the Delivery Country.
means a person who lives or works in a reasonable walking distance of the delivery address of the Recipient as specified in the Delivery Conditions and has been indicated to the Delivery Service Provider as a principal or an alternative Recipient by the Customer and/or the Recipient as specified on the website of the Delivery Service Provider at www.dpd.ee.
means an item:
- for CLASSIC EUROPE which weighs no more than 31,5 Kgs, and with measurements of less than 175 cm long, and a girth (2 x height + 2 x width + length ) of not more than 300 cm,
- for CLASSIC SHOP which weighs no more than 20 Kgs, and with measurements of less than 100 cm long, and a girth (length + 2 x height + 2 x width) of not more than 250 cm,
“Pickup Parcel Shop”
means a shop where the Parcels can be delivered:
- for the CLASSIC EUROPE Services :
- for CLASSIC SHOP Services chosen by the Customer, as the case may be upon instruction of the Recipient, among the list of suggested shops available in the intended delivery area available on the website of the Delivery Service Provider at www.dpd.ee.
means the sending of a mobile telephone text message or email or any other form of electronic notification by the Delivery Service Provider to the Recipient of the Parcel of the goods to advice of the estimated time of delivery of the goods as specified in the Delivery Conditions.
means for the CLASSIC EUROPE Service a place of delivery that is safe as specified in the Delivery Conditions on the website of the Delivery Service Provider at www.dpd.ee.
means a laser electronic record of the steps in the Parcel delivery process which is proposed by the Service Provider.
means the arrangement of the transportation of the Customer's Parcels involving cross border shipment and governed by these Conditions, including the related services and options selected by the Customer as specified on the website of the Service Provider at www.dpd.ee.
means the DPD Network Member contracting with the Customer as indicated on the Transportation Document.
“Selected Countries” or “Sending Countries”
means the countries from which the Parcel can be shipped as listed in Appendix 1.
shall have the meaning as set forth in the section 6.4.
means the label, and/or any other document; affixed to the Parcel that proves the existence of a Contract between the Service Provider and the Customer for the relevant Service and the application of the Conditions.
means the space a parcel occupies in relation to its volume by applying the following formula: length (cm) x width (cm) x height (cm) / 4.000 (cm3/kg).
2.2 Rules of Interpretation
a) A person includes a natural person, corporate or, except where not permitted, unincorporated body (whether or not having separate legal personality);
b) A reference to a party includes its representatives, successors or permitted assigns;
c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
e) A reference to “writing” or “written” includes faxes and e-mails, unless expressly stated otherwise; and
f) Where any period provided by these conditions is computed, except in case of computation of calendar days, these will exclude Saturday, Sunday or Bank, Public or other statutory holiday in the Sending , Transit and Delivery Countries.
3.1 The Service Provider agrees, subject to the Customer's compliance at all times with these Conditions, to arrange the transportation of the Parcels entrusted to the Service Provider by the Customer and/or to provide other services as agreed between the Service Provider and the Customer.
3.2 The Service Provider as freightforwarder may refuse to arrange the transportation of the Customer's Parcels at its discretion. The Service Provider will accept goods for transportation only under these Conditions.
3.3 These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.4 The Customer shall be deemed to have notice of and have accepted these Conditions if and as soon as it places an order with, or accepts a tender from, the Service Provider for the transportation of goods under any of the Services. The Customer shall procure that the Recipient agrees with these Conditions and commits to obtain confirmation of this acceptance from the Recipient. Whereas the binding version of these Conditions can be found on the website of the Service Provider, a copy of these Conditions is always available at the registered seat and at every office of the Service Provider and with any agent, employee or subcontractor of the Service Provider in charge of the dispatch of Parcels. A Pdf. copy or a hard copy of these Conditions is sent or given to any Customer registering with or concluding a written agreement with the Service Provider.
3.5 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Service Provider which is not set out in the Contract. For Parcels from or to any country outside the EU, the Customer shall, in relation to each of the goods comprised in each Parcel, provide the Service Provider with:
- a commercial invoice in the English language (including a clear and unambiguous description of the goods);
- a Commodity Code for each of the goods;
- written notification in advance of any Parcels and/or goods comprised within Parcels which are not standard or permanent exports (for example, temporary exports such as repairs that will be returned to the country of origin of the sending);
- any specific authorizations for direct representation of the Customer given to the Service Provider if required under any applicable law; and
- any information required by any relevant customs authorities or the Service Provider. The Customer shall be responsible to check the relevant information required by the relevant customs authorities and all customs documents and the Transportation Document must be accurately completed by the Customer in compliance with all relevant customs laws, rules and regulations.
3.6 The Customer acknowledges and agrees that:
a) in relation to the goods, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into the Contract and to bind them to its terms;
b) the Customer will be responsible for the accuracy of all information supplied to the Service Provider;
c) if there is any missing data, an incomplete or incorrect invoice, the Parcel is accepted under the sole responsibility of the Customer and this may result in the Parcel(s) being held or returned; and
d) if any Commodity Code is missing, the Service Provider may (at its option);
(i) use the general Commodity Code based on the description of the goods given by the Customer; or
(ii) hold the goods pending receipt of the Commodity Code from the Customer or return the goods to the Customer.
4. Parties and Subcontracting
4.1 The Contract is concluded between the Service Provider and the Customer.
The Customer enters into a Contract with the Service Provider for use of the Services provided by sending a Parcel. The procedure to follow can be found on the Service Provider’s website at www.dpd.ee or upon request to the Service Provider. Registration and account opening require the provision of certain information and data relating to the Customer to the Service Provider.
4.2 Where the Customer is not the owner of some or all of the goods in any particular Parcel, the Customer hereby warrants that it is for all purposes the lawful and duly authorized agent of the owner or owners thereof and that it hereby accepts these Conditions for itself and for and on behalf of any other person having any interest in the Parcel.
4.3 The Service Provider may use and engage the services of any other carrier for the purposes of fulfilling the Contract (including any of the carrier’s own franchisees, agents and network members) and any such other carrier shall have the like power to subcontract on like terms.
4.4 The Service Provider enters into the Contract for and on behalf of itself and its officers, servants, agents and sub-contractors and shall be under no liability whatsoever to the Customer or anyone claiming through it in respect of a Parcel in addition to or separately from the liability of the Service Provider under the Contract.
5.1 Maximum Dimensions
The Customer shall ensure that each Parcel complies with the weight, measurements and length applicable to that Parcel as set out in the relevant definition of Parcel.
Parcel packaging, labelling and documentation responsibility for the inner and outer packaging and labeling rests exclusively with the Customer and should be made in accordance with the Service Provider requirements as specified on its website. The Customer undertakes and warrants that:
(i) the goods have been properly and sufficiently packaged and labelled for the intended destination, in accordance with the requirements, restrictions and limitations set out in the present Conditions and as appropriate to any operations or transaction affecting the Parcel and the characteristics of the goods, and so that the Parcel will not be lost or damaged whilst being transported, or cause injury or damage to the Service Provider's staff, the Service Provider’s subcontractors, or any property or other goods. The Customer acknowledges that transportation requires packaging which protects the goods for a transportation by road and/or by air and against the stresses caused by automatic sorting equipment and mechanical handling (drop height of 80 cm on the edge, corner or side), as well as against different climatic and/or atmospheric pressure conditions and packaging which does not permit access to the content without leaving any trace;
(ii) the Customer has checked whether commercial/sales packaging meets these requirements and that the packaging and Parcel are not damaged and/or do not show indication of damage, leakage or emission of odor. Words printed on the packaging, such as "Fragile" or "top/bottom" cannot be taken into consideration by the Service Provider and do not release the Customer from its duties;
(iii) the labelling on the Parcel includes:
§ for CLASSIC EUROPE, the full name, address, postcode, country of the consignee and the Sender, and must also include the telephone number or mobile phone number or email address,
§ for CLASSIC SHOP, the full name, address, postcode, country of the destination Pickup Parcel Shop and the Sender, plus the name of the real consignee, and must also include the telephone number or mobile phone number or email address,
and has been made in legible and durable manner. Each Parcel must be labelled with the Service Provider’s parcel label. The rules for addressing and labelling Parcels are given in detail in the Service Provider’s shipping conditions available on the website of the Service Provider at www.dpd.ee.;
(iv) it has properly completed the Transportation Document using the Service Provider’s forms and labels.
(v) in the case of transportation not taking place between two countries of the European Union, it has checked and complies with any and all relevant customs laws, rules and regulations and provided the Service Provider with all required customs documents and information. All such customs documents must be affixed to the outside of the Parcel;
(vi) the goods comprised in any Parcel are not subject to any licenses, permits, certificates, restrictions, embargo, or anti-dumping or countervailing laws or regulation;
(vii) all plant, power or labor required by the Service Provider is available for loading and unloading any Parcel at any collection or delivery point specified by the Customer or Recipient;
(viii) more generally, it has provided the Service Provider with all necessary and relevant information concerning the content(s) of any Parcel, and
(ix) it will inform the Recipient of the delivery details of the Parcel.
When preparing the packaging and labeling of any Parcel, the Customer may use the Service Provider’s information technologies tools and services. In such cases, the Customer’s names and passwords supplied by the Service Provider must be stored carefully and kept secret from third parties. If the Customer uses several passwords, it is responsible for managing them and allocating them within their business. The Customer is liable for the fraudulent use of user names and passwords.
5.2 Exclusions from Parcel and other limitations
The Service Provider shall not accept the following goods for transportation, unless otherwise agreed by the Service Provider and permissible in the Delivery Country as specified in the Delivery Conditions in particular in relation to the product marked with an asterisk (“*”) (Customer is invited to check the list of authorized products on the Service Provider website and the Delivery Service Provider website at www.dpd.ee):
(i) Parcels that are not packed and labelled in accordance with Sections 5.1 and 5.2; bundled parcels in which two or more parcels are bundled together and marked with only one parcel label; parcels that exceed the dimensions referred to in Section 5.1 (“*”);
(ii) dangerous goods, hazardous goods and flammable goods, including but not limited to: dangerous or hazardous wastes, medical wastes, hypodermic needles and syringes, firearms, weapons and parts thereof (*), ammunitions, explosives, fireworks, chemicals, acidic, corrosive or irritant substances;
(iii) batteries (*);
(iv) tobacco products (*);
(v) works of art, jewelry (including watches) (“*”), precious metals (including gold or silver items), precious stones, real pearls, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, antics, carpets, furs or any other valuables;
(vi) cash, coins, collectable coins and stamps (*);
(vii) documents which can be exchanged for cash or goods (for example cheques, vouchers with a face value, credit notes, bonds, printed shares, currency paper money and negotiable instruments equivalent to cash admission tickets and gambling tickets);
(viii) alcohol including wines, beers and spirits (*);
(ix) liquids of any kind (*) and ice;
(x) televisions or monitors with screens larger than 37 cm (*);
(xi) body parts 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 perishable food;
(xii) any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried;
(xiii) any goods which require temperature controlled transport;
(xiv) Parcels and goods the transportation of which is subject to the obtaining of a license by the Service Provider or any DPD Network Member and/or which do not meet the requirements of the international conventions or the statutory regulations of the respective country of expedition, dispatch, Transit or destination or which require special permits (import or export);
(xv) Parcels that require a declaration of value pursuant to Art. 24 CMR or the declaration of special interest in delivery pursuant to Art. 26 Paragraph 1 CMR; goods that require a declaration of value or a declaration of a special interest in delivery pursuant to Art. 22 Warsaw Convention / Art. 22 Montreal Convention.
(xvi) tenders, pre-qualification dossiers in the context of allocation of contract and copies of examination papers.
(xvii) Parcel of a higher value than the value specified in Appendix 2.
Unless the agreement of the Service Provider to the transportation of any of the above listed goods has been given by a duly authorized executive of the Service Provider and has been notified to the Customer in writing, the Service Provider shall have no liability whatsoever, including losses arising from negligent acts of the Service Provider, in respect of them.
The Service Provider may impose additional restrictions depending upon the Delivery Country and the Service being provided. The Customer acknowledges that regulatory and custom clearances may be required for certain goods, which may extend the Transit time and may delay delivery.
Medicines and medical devices and tools may be carried by the Service Provider and accepted as a Parcel only upon prior and written agreement by the Service Provider within the framework of CLASSIC EUROPE and CLASSIC SHOP Services and after due assessment and acceptance by the Service Provider of the nature of the medicines to be carried and provided that the Service Provider has confirmed to the Customer that the Service Provider and its network are in capacity of handling, storing and shipping the relevant medicines in accordance to the applicable EU’s Good Distribution Practice of medicinal products for human use and any other applicable laws and regulations. The Service Provider may require that any transportation of medicines trigger the provisions and control of additional documents on top of the Transportation Document. Customer shall be responsible for the proper packaging and labelling of the shipped medicines in accordance with any and all applicable laws, regulations, good practices and recommendations, and in any case with the Service Provider’s relevant instructions.
Any acceptance by the Service Provider of transportation of dangerous goods can only proceed on the basis of a prior written agreement notified by the Service Provider to the Customer after due assessment by the Service Provider of the class of transported dangerous goods and destination of the relevant dangerous goods. Customer shall be responsible for and shall ensure and warrant that the dangerous goods to be shipped are packed and labelled in accordance with and abide by all relevant laws and regulations applicable at the places of handing over and delivery of the Parcel, as well as during the Transit and storage by the Service Provider. In any case the Parcels containing dangerous goods must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations, and if carried by road with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), and in any case with any instruction given by the Service Provider for the transportation of the dangerous goods shipped by the Customer. Customer will be solely liable for this and the information provided to the Service Provider in respect of the shipped dangerous goods and shall hold the Service Provider harmless against any claim brought by any person in that respect.
5.3 Customer’s duties to notify
Before handing over the Parcel, the Customer will undertake to check the Parcel and to inform the Service Provider of any exclusions from shipment which apply within the meaning of Section 5.2. The Service Provider does not check whether any exclusion from shipment applies.
ln cases of doubt, the Customer must also inform the Service Provider and seek its decision in accordance with the Section 5.2. If it does not do so, the Service Provider will assume that no exclusions from shipment apply.
If the Service Provider becomes aware of an exclusion from shipment in accordance with Section 5.2 or if specific circumstances suggest that this may be the case, the Service Provider reserves its right to decline to ship the goods (any further) or will take other appropriate measures to avert a risk. The Service Provider further reserves the right to reject Parcels for any other reasons of security or safety. In such a case and also where Parcels are rejected by the Service Provider due to a breach by the Customer of the above referred exclusions, restrictions and limitations, the Service Provider reserves its right to charge administrative fees as well as transportation and handling costs of returning goods, where applicable, to the Customer.
ln addition to the cases which are regulated by law, the Customer will also assume liability for any direct or indirect loss incurred by the Service Provider and/or any DPD Network Member involved in the handling, transportation and storage of the concerned Parcel through the shipment of goods which are excluded from shipment in accordance with Section 5.2 or in cases where the Customer fails to provide notification in accordance with this Section 5.3.
5.4 Opening and inspecting Parcels
Except when restricted or prohibited under the applicable laws, the Service Provider and any other DPD Network Member involved in the handling, transportation and storage of the concerned Parcel reserves the right, at its discretion, at any time without notice and without any liability therefore, to open and inspect all Parcels to check that such Parcels are not dangerous, or incompatible with Service Provider's network and are capable of transportation to the country of destination within Service Provider's standard procedures, customs, declarations and handling methods and in compliance with all laws, and in particular:
- for the purposes of safeguarding the content of a damaged Parcel;
- for the purposes of determining the Recipient or Sender of a deliverable Parcel which cannot otherwise be ascertained;
- for the purposes of averting hazards posed to people or property by a Parcel;
- for the purposes of fulfilling a statutory provision or an official order;
- for the purposes of determining whether the parcel contains perishable goods and/or any other good excluded from transportation under the present Conditions.
Except where any applicable law or regulations prescribe, the Service Provider and any other DPD Network Member are not under any obligation to check the content of Parcels. The Customer acknowledges and agrees that the Service Provider and any other DPD Network Member involved in the Service may control the Parcels with X rays under certain applicable laws and regulations.
The Customer waives any claim against the Service Provider and any other DPD Network Member for damage and/or delay deriving from such opening, examination and controls. The Customer will reimburse the Service Provider for any costs and expenditure incurred through opening the Parcels.
5.5 Returning Parcels
ln the event of insurmountable obstacles to carrying out delivery (wrong address, non-located Recipient, inaccessible delivery place, non-acceptance of the Parcel by the Consignee, non-payment of the price of the goods in case of cash-on-delivery,…) or if the contractual number of delivery attempts, as specified in the Delivery Conditions, has been performed without success, the Service Provider will reserve the right to return the Parcel to the Customer on the following basis (unless stated differently in the Delivery Conditions and specified on the website of the Delivery Service Provider via www.dpd.ee):
- In case of Parcel between European Union members: Immediately, without seeking any instructions from the Customer;
- With payment of customs duty (when applicable): after 14 calendar days if payment of customs duty is not possible due to a lack of instructions and/or for other reasons.
The Customer will reimburse the Service Provider for any costs and expenditure incurred through returning the Parcel.
5.6 Disposal of parcels
ln the event of insurmountable obstacles to carrying out delivery (see Section 5.5), including when the Parcel cannot be returned, the Service Provider will reserve the right, after any compulsory period of storage, to dispose of the goods in the following cases (unless stated differently in the Delivery Conditions and specified on the website of the Delivery Service Provider via www.dpd.ee):
- If the Service Provider or any other DPD Network Member involved in the service is unable to seek instructions due to lack of information or if it is unable to identify the Customer and/or the Recipient. The Customer or the Recipient will be deemed to be unidentifiable if neither can be reached or identified within 30 calendar days;
- If the goods in question are perishable; if the goods pose a hazard to people or property; or if this is required in compliance with an official order.
The Customer will reimburse the Service Provider for any costs and expenditure incurred through their disposal.
5.7 Destruction of parcels
If the preconditions set forth in Section 5.6 apply, unless stated differently in the Delivery Conditions and specified on the website of the Delivery Service Provider via www.dpd.ee, the Service Provider and any other DPD Network Member involved in the service will reserve the right, after any compulsory period of storage, to destroy goods if they cannot be disposed of or sold and provided that doing so is not in violation of the Customer's interests as may be apparent to the Service Provider.
If the Service Provider is unable to seek instructions due to lack of information or if it is unable to identify the Customer and/or the Recipient within 30 calendar days (see Section 5.6), the Service Provider will wait for an additional period of 30 calendar days. This additional period will not apply in the case of perishable goods, goods which pose a hazard to people or property, or in the event of an official order.
The Customer will reimburse the Service Provider for any costs and expenditure incurred through their destruction.
5.8 Customs clearance
Customs clearance is handled as follows, unless stated differently on the website of the respective Service Provider under www.dpd.ee: It is the Customer’s liability and undertaking to abide by any and all relevant laws, rules and regulations in all countries concerned when a Parcel crosses borders and shall give rise to customs clearance. However, if the Service Provider considers it necessary or suitable the Service Provider will ship out and process the customs formalities in its own name and on behalf of the Customer in the Sending Country and in the Delivery Country, the Service Provider being entitled to appoint and be substituted any third party agent of its choice. The Service Provider will charge additional fees for such services and may request an advance in accordance with section 7.4, it being agreed that the Service Provider shall be entitled to suspend all customs clearance actions until this advance is paid by the Customer. When applicable, the Customer authorizes the Service Provider or its agents to make and file export and re-export declarations and all related actions as a direct representative in the name of and for the account and at the risk of the Customer. The Customer shall be liable and must hold the Service Provider harmless against any and all consequences of the Customer not complying with the relevant customs, law, rules and regulations.
6. Services of the Service Provider
6.1 Selection of the Service Provider Service by Customer
The Customer shall select one of the following Services:
- “CLASSIC EUROPE”
- “CLASSIC SHOP”
The selected Service will be indicated on the Transportation Document.
The respective features, Services and options related to any of the “CLASSIC EUROPE” and “CLASSIC SHOP” Services are published and can be found on the website of the Service Provider at www.dpd.ee.
The Customer must also indicate on the Transportation Document:
- In case of CLASSIC EUROPE Service: the name and address of the Recipient.
- In case of “CLASSIC SHOP Service: the name of the Recipient and the name and address of the Pickup Parcel Shop where the Parcel must be delivered.
Should the Customer intend to request special services and/or send Parcels containing goods subject to the limitations and exclusions listed in 5.2 above, the Customer must contact the Service Provider for information and, as the case may be, prior and written agreement prior to making any such Parcel.
6.2 Receipt of Parcel
When receiving Parcels with Transportation Document attached, the Service Provider will scan the Parcel. This will produce a Scan Record as evidence of receipt of the Parcel. If so required under certain regulations in particular countries, the Service Provider may sign a document in accordance with the local regulations acknowledging receipt of the Parcel and providing evidence that a Contract has been concluded between the Provider and the Customer, but neither the Scan Record nor the document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Parcel at the time it is received by the Service Provider.
6.3 Delivery and excluded areas
Delivery areas and excluded areas (places and postcodes) are defined for the CLASSIC EUROPE” and CLASSIC SHOP Services and can be viewed on the website of the Service Provider at www.dpd.ee. Customer must check this before preparing any Parcel and take all necessary information measures vis-à-vis the intended Recipient. If the Service selected by the Customer is not available for a specific delivery area, the Parcel will be returned to the Customer at the Customer’s entire costs and the Service Provider shall not be liable therefore in any manner.
Transit shall commence when the Parcel is handed to the Service Provider whether at the point of collection or at the Service Provider's premises. The Service Provider is entitled to convey a Parcel by any means of conveyance and by any route whatsoever.
As specified on the Delivery Service Provider website in the Delivery Conditions Transit shall end (unless otherwise previously determined):
- when the Parcel is offered for delivery in accordance with Section 6.5 within Delivery Service Provider's delivery hours
- or when the Parcel is held by the Delivery Service Provider after the latest attempt of delivery as specified in the Delivery Conditions:
- "to await further instruction" and such instructions are not given
- or "to be kept until called for", and if the Parcel is not called for within a reasonable time.
After the end of the Transit, the Service Provider shall store such Parcel at the Customer's sole risk and return or dispose it in accordance with Section 5.
The Service Provider does not accept any liability whatsoever for any claim relating to the seizure or detention of Parcels thereof, or of any goods in the course of Transit by customs or other government authorities.
6.5 Principles of delivery
Parcels will be delivered as follows, depending on the Service:
- CLASSIC EUROPE,
- CLASSIC SHOP,
on working days (Monday to Friday) following pick-up in each case. Delivery for the CLASSIC EUROPE and CLASSIC SHOP Services can take place on Saturday depending on the Delivery Country (this information can be found on the website of the Delivery Service Provider at www.dpd.ee.
The Transit time and delivery time presented by the Service Provider are indicative.
The CLASSIC EUROPE Service includes the Predict service, without additional charge, which enables the Recipient to become aware of the expected delivery date and timeframe defined per Delivery Country as described on the website of the Service Provider at www.dpd.ee. The Predict service can only be activated if the Customer provides the Service Provider with the Recipient’s email address and/or phone number.
All Services allow the Customer and Recipient to monitor the Transit of the Parcel using the track and trace function on the Service Provider’s website at www.dpd.ee.
For CLASSIC EUROPE Service, redeliveries and new delivery attempts are carried out up to the related contractual number of new attempts or maximum deadline for redeliveries as described on the website of the Delivery Service Provider at www.dpd.ee.
6.6 Handover of the Parcel
Except in case of Delivery in a Safe Place, the Service Provider could require the Recipient of a Parcel to be of Legal Age, if required in the Sending and Delivery Countries, and to sign an ESCD or any other required instruments as proof of delivery of the Parcel. The Customer and the Recipient accept the confirmation of receipt of the Parcel with the use of electronic device and is not entitled to any claims related to the confirmation of delivery of the Parcel with the use of electronic device. Any record of the Recipient's signature obtained by the Delivery Service Provider shall be conclusive evidence of the delivery of the Parcel. In case of Delivery in a Safe Place, the Delivery Scan Record shall be evidence of delivery of the Parcel.
6.7 Cash-on delivery Parcels
Depending on the Delivery Country as specified on the website of the Delivery Service Provider at www.dpd.ee, cash-on-delivery Parcels are delivered exclusively against payment of the price of the goods and any other duties and taxes where applicable.
The conditions of delivery and conditions of payment are precisely described on the Delivery Service Provider website at www.dpd.ee and specified in the Delivery Conditions.
The Customer must indicate its bank account number and provide the Service Provider with all requested documents before the delivery at the latest. Upon successful delivery, the amount collected from the Recipient will be transferred to the bank account of the Customer as soon as practicable according to the Delivery Conditions. The transfer will be made with reference to the Parcel label number [or the Transportation Document number] and, if known, the intended purpose.
The conditions and terms of the returns of Parcels upon Consignee’s decision can be found on the website of the Delivery Service Provider as specified in the Delivery Conditions at www.dpd.ee. Returns are available for a fee to be charged to the Customer.
7. Pricing and Payment
7.1 Services price
The amount of charges will be agreed between the Service Provider and the Customer based on and applying Service Provider’s standard price list in force available on the website of the Service Provider at www.dpd.ee or communicated by the Service Provider to the Customer upon request or based on the price list specifically agreed between the Customer and the Service Provider. Price calculations and quotations made by the Service Provider will be based on the quantity information supplied by the Customer and these Conditions. Regardless of the application of the article 5.4, the Service Provider reserves the right to amend prices if information provided by the Customer is incorrect, in particular in case of improper weight calculation and/or size calculation by the Customer.
ln the absence of an individual agreement, the Service Provider's standard price list shall apply. The prices valid on the day of receipt of the Parcel apply. For cases in which the weight determines the price, the weight established by the Service Provider at the shipping depot is taken as the basis for calculating the price.
Where applicable, the Service Provider reserves its right to invoice the Customer, at the level published on the website of the Service Provider at www.dpd.ee, the following surcharges including but not limited to:
- fuel surcharge,
- road toll,
- in the absence of any or inadequate packaging or labeling of the Parcel,
- oversized and/or overweight Parcels,
- other surcharges in accordance with the Conditions available on the website of the Service Provider at www.dpd.ee.
7.3 Charges, Taxes, and fees
The Customer is liable for transport fees, costs, expenses, taxes, duties, general average deposits or contributions and other charges and has to reimburse the Service Provider for them. This also applies if they are to be paid by the Recipient or if they are caused by that party, and if these amounts are not paid by the Recipient to the Service Provider upon the first request for payment.
(a) The Service Provider's charges for transportation and other services shall be payable by the Customer; however, the Service Provider shall also have the right to demand and obtain payment from the Sender (if different from the Customer) or the Recipient, or from any other person who may be liable to pay the charges.
(b) Payment of Service Provider's charges is due no later than the date specified on Service Provider's invoice/statement or such other period as may be expressly agreed with the Customer in writing by an executive director of the Service Provider. If any payment under the Contract is overdue then, without prejudice to Service Provider's other rights and remedies, the Customer shall pay interest on the overdue amount as specified on the Service Provider’s standard price list (whether before or after judgment) at a rate specified on the website of the Service Provider at www.dpd.ee, such interest will accrue on a daily basis, from the due date for payment until payment is made in full.
(c) The Service Provider reserves the right to charge the higher of (i) Volumetric Weight; or (ii) real weight for all Parcels.
(d) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Service Provider.
(e) The Service Provider shall be entitled at any time and from time to time to increase Service Provider's charges for transportation or other services by giving to the Customer not less than 30 days prior written notice to accord with increases in relevant costs of Service Provider's business including but not limited to, fuel, congestion charges, license fees, postal fees and labor.
(f) All amounts payable by the Customer are subject to Value Added Tax which shall be charged at the applicable rate.
(g) In the event that the Service Provider pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer's goods:
(i) the Service Provider shall do so on the sole basis that in doing so it is acting as the Customer's fully authorized agent;
(ii) whether or not delivery of the goods is made to the Consignee's address, immediately upon receipt of Service Provider's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full;
(iii) in the event of the Customer failing to comply strictly with sub-section 7.3 (g)(ii) above, the Service Provider shall be at full liberty to deal with the goods based on its lien on the goods.
(h) The Customer shall pay to the Service Provider any duties, taxes, levies, customs assessments, fines or other penalties and unusual costs, claims and expenses (including administrative costs) incurred by the Service Provider as a result of it conveying the goods.
(i) The Customer must notify the Service Provider about any query in relation to any invoice from the Service Provider within 14 calendar days of the invoice date and confirm that query to the Service Provider by notice in writing within 28 calendar days of the invoice date. If the Customer does not do this, the Service Provider will not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the invoice nor shall the Service Provider be required to re-pay any sums paid by the Customer unless the Customer can prove that:
(i) it was not reasonably possible for the Customer to notify the Service Provider of the query, or confirm it in writing, within the time set above; and
(ii) the notification or confirmation was made at the first reasonable opportunity and in any event no later than 6 months after the invoice date.
7.4 The Service Provider reserves the right to make the provision of its services dependent upon payment in advance or upon securing of the fees, or part thereof, by the Customer.
If there are any doubts about the ability of Customers to meet their payment obligations, the Service Provider reserves the right to request payment in advance or provision of security; even after an order has been placed. If payment is not made in advance or no securities are furnished, the Service Provider reserves the right to cancel the contract and to discontinue collecting and delivering parcels immediately, without prior notice to the Customer.
8. Liability for loss and damage and delay
8.1 Subject to the provisions of this Section 8 and Sections 5.3, 9, 10 and 11, the Service Provider shall be liable for any physical loss of, or physical damage to, goods during Transit (as defined in Section 6), and storage, except as described in the specific provisions published on the website of the Service Provider at www.dpd.ee and except to the extent that such loss or damage has arisen from or consists of:
(i) the Customer or Recipient not taking or accepting delivery within a reasonable time in accordance with the applicable Delivery Conditions;
(ii) a breach of the Contract including these Conditions, the Transportation Document and any other applicable rules (even those the Customer is bound hereby to read on Service Provider’s website) by the Customer, including the breach of any of the Customer warranties set out in Section 5.1, insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information;
(iii) loss, damage or breakage of articles of, or for that part of any articles that comprises of goods which are not accepted for transportation or storage by the Service Provider as set out in Section 5.2;
(iv) any act or omission of the Customer or Recipient or owner of the goods or of the servants or agents of either, and any act or omission of any person, other than the Service Provider, claiming to represent the Customer or Recipient in compliance with verbal or written delivery instructions from the Customer or Recipient;
(v) inability of the Service Provider to provide copies of delivery records and signature and deletion of data, loss or and irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;
(vi) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(vii) seizure under legal process, any other acts or omissions of any customs office, governmental bodies or other regulatory agencies and any observance by the Service Provider of rules and regulations and decisions and orders issued by customs, governmental bodies and regulatory agencies;
(viii) any force majeure event, meaning an event beyond the reasonable control of the Service Provider, including but not limited to seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labor from whatever cause, accident, breakdown of plant or machinery, disruption of road and/or air traffic, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity;
(ix) fraud by the Customer or the owner of the goods or the servants or agents of either.
8.2 The Service Provider will make reasonable effort to convey and deliver the Parcel according to the Delivery Conditions within the indicative Transit time indicated to the Customer. Such indicative Transit and delivery time are not binding and should in no respect make the Service Provider liable for any damage or loss caused by delays.
8.3 For the avoidance of doubt, in the event that
8.3.1 the Parcel was not in Transit or in storage (as defined in Section 6) at the time of the loss,
8.3.2 and/or the Parcel does not have a Scan Record or another form of record showing that the Parcel was entrusted to the Service Provider,
then the Service Provider shall not be liable for loss or damage to the Parcel.
8.4 Nothing in these Conditions shall limit or exclude Service Provider's liability for any matter which is unlawful to exclude or limit liability under any public policy provision.
8.5 The Service Provider does not provide insurance cover for losses, damages, loss of profits and delays not covered or excluded under this Section 8, or in excess of the relevant limitations of liability set forth in Sections 9 and 10. Should the Customer or the Recipient require insurance covering the above referred not assumed liabilities and risks, the Customer and/or the Recipient shall procure such insurance cover be provided by their insurer(s) or insurance broker(s).
8.6 The Service Provider does not make any warranty nor accept any liability other than expressly set forth in these Conditions.
9. Limitation and exclusion of liability
9.1 Except where apply (1) any compulsory obligation or (2) any increased cap offered by the Service Provider as published on the website of the Service Provider or (3) any “Extended Cover” purchased by the Customer and based on declared value of goods as specified in the Service Provider website at www.dpd.ee, and subject to Sections 5.2, 8, 9, 11, 12 and 13 hereof and the other provisions of this Section 9, the Service Provider's liability for the loss of or damage to any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of the repair or replacement cost of lost or damaged goods (the Customer shall provide proof of value of goods lost or damaged) and;
a) if transportation by road, the liability cap set out as a minimum in the provisions of the CMR.
b) if transportation by air, the liability cap set out in the provisions of the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, the Protocol signed in Guatemala City on 8 March 1971 and including the Montreal Protocol No. 4. “Montreal Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal, May 28, 1999 ("Warsaw Convention");
c) if transportation using combined means of air and road transportation, up to the liability cap mentioned in a) or b) as applicable to the means of transportation used when the loss or damage occurred;
d) for all Parcels undertaken as part of services tailored by the Service Provider to the Customer's individual requirements, these services shall be subject to any limitation of liability set out in the relevant agreement entered into between the Customer and the Service Provider; and
9.2 In the case of cash-on-delivery Parcels, the Service Provider will not be held liable in the following cases or as specified in the Service Provider website at www.dpd.ee:
- in the case of cash-on-delivery Parcels when the Customer has not submitted a written complaint to the Service Provider within a period of 15 days after delivery detailing the non-receipt of the cash-on-delivery amount;
- in the case of damage that results from incorrect or incomplete details on the cash-on-delivery Parcel and/or incorrect labelling and/or illegible information on the cash-on-delivery parcel label;
- if non-collection of the cash-on-delivery amount is attributable to an error or negligence on the part of the Customer; when delays occur in collecting or transferring the cash-on-delivery fees;
- if the value of the goods to be transported or the cash-on-delivery fees exceeds the maximum cash-on-delivery fee defined in the specific provisions set out by the Service Provider as published on its website at www.dpd.ee,
9.3 Subject to Section 8.4, CMR, and the Warsaw Convention but notwithstanding anything to the contrary in these Conditions, the Service Provider shall, under no circumstances whatsoever be liable to the Customer for any loss of profit, or any indirect or consequential loss, including but not limited to the cost of recompiling the information contained on the goods, arising under or in connection with the Contract.
10. Extended Cover
10.1 For all Services governed by these Conditions, if the Customer has paid or agreed to pay the Service Provider’s charge for 'Extended Cover' and the Service Provider has agreed to the extension, the Customer shall benefit from extended liability insurance as defined in the specific provisions set out by the Service Provider as published on its website at www.dpd.ee,.
10.2 The actual value of any goods lost or damaged shall be ascertained by reference to its repair, replacement, resale or fair market value at the time and place of collection, whichever is less. In no event shall such value exceed the original cost of the item actually paid by the Customer.
10.3 If a Customer requires 'Extended Cover', it shall fully disclose to the Service Provider, should it so request, the nature of goods to be carried. The Service Provider shall, in its sole discretion, decide whether 'Extended Cover' shall apply to any Parcel for which it is requested.
11.1 The Service Provider must be notified not later than the time of delivery in the case of apparent loss or damage.
In the case of loss or damage which is not apparent, the fact of this taking delivery shall be prima facie, evidence that the Recipient has received the goods in the condition described in the consignment note. In the case of loss or damage which is not apparent the claims referred to shall be made in writing within seven (7) days of delivery in the case of non-apparent loss or damage, excluding Sundays and public holidays.
The claims must be made in writing, and should be justified with accurate, complete and quantified information, dated and signed. The Customer should confirm any loss, damage or delay by notice in writing within twenty-one (21) days of the date of dispatch.
If the Customer fails to do so or fails to justify the claims, the Service Provider shall not be liable for any loss, damage or delay, save and except where the Customer proves that:
(i) it was not reasonably possible for the Customer to advise the Service Provider or make such claim in writing within the time limit applicable; and
(ii) such advice or claim was made within a reasonable time,
in which case the Service Provider shall not have the benefit of exclusion of liability afforded by this Section 11.1.
11.2 Extinguishment of the Customer’s right to damage against the Service Provider shall in any case occur unless a legal action is brought within one (1) year from the date of delivery (in case of damage) or the due date of delivery (in case of loss, non-delivery, misdelivery or delay in delivery).
11.3 In the event of a claim for damage, the Customer must be able to present the Parcel for inspection at the location on time suitable upon Service Provider’s request.
11.4 All claims must be fully documented as described on the Service Provider’s website and the Service Provider shall have no obligation to act on any claim until all fees and other related charges and taxes related to the relevant Parcel have been paid.
11.5 A payment of any claim by the Service Provider shall be a full and final settlement of such claim.
12. Customer’s indemnity
12.1 The Customer shall indemnify the Service Provider against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Service Provider arising out of or in connection with:
(i) any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, Sender or Recipient, its servants or agents;
(ii) claims of any nature for loss or damage resulting from the transportation of dangerous goods or goods which are not accepted for transportation or storage by the Service Provider as set out in Section 5.2 (provided that such transportation of dangerous goods has not been accepted by the Service Provider or should such acceptance be given the Customer has been in breach of its undertakings, representations and warranties in respect of the shipped dangerous goods under these Conditions);
(iii) claims and demands of any nature in respect of loss of or damage to the goods made by the Recipient and/or any third party additional to or in excess of the limits of liability of the Service Provider set out in these Conditions;
(iv) any claims made or penalties imposed by any customs office, tax authorities and/or any other governmental bodies or regulatory agencies on account of any breach of the Customer’s obligations, representations and warranties;
(v) claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions;
(vi) breach of any of the warranties set out in Section 5.1;
(vii) any inaccurate or false information supplied to the Service Provider by the Customer which relates to the Customer and/or the goods comprised in any Parcel;
(viii) the Customer's failure to include the relevant Commodity Code, where required by the Service Provider under these Conditions;
(ix) the Customer's failure to provide correct written notification in advance of any Parcel which is not standard or permanent export;
(x) any claim being made by any third party against the Service Provider in respect of loss of or damage to the goods or in respect of any conversion of or interference with the goods.
13. Extension of protection to employees and agents
The Customer acknowledges and agrees that the provisions of Sections 5.3, 8, 9, 10, 11, 12, and 15 are aimed at extending the protection of, at limiting the liability of, and at indemnifying the employees and agents of the Service Provider and that such provisions have been entered into and shall be enforceable by the Service Provider for itself and as trustee or agent for such employees and agents.
14. Liens and other retention right and offsetting
14.1 Lien and retention
ln the event of claims against the Customer which are due and, where legally permissible, not yet due, the Service Provider shall have a lien on all goods carried for the Customer for any amount due to the Service Provider whether pursuant to the Contract or otherwise and for the cost of recovering the same and has the right to retain the goods and other assets handed over to the Service Provider or which have otherwise come into Service Provider's possession.
If payment has not been effected within a time limit of thirty (30) days, the Service Provider will be free to dispose of the relevant goods as it sees fit. The right of retention will apply to all goods which had been handed over to the Service Provider and will be applied to the balance arising from all business activities with the Customer.
The Customer is not entitled to assert a right of retention against the Service Provider.
The Customer is not entitled to offset claims against claims asserted by the Service Provider, except for claims that a court of law has judged legally valid or that the Service Provider has acknowledged as legitimate.
14.3 Prohibition on assignment
The Customer may not assign rights and duties under the Contract to a third party and/or transfer the contractual relationship to a third party without the prior written permission of the Service Provider.
15. Data Protection
The Service Provider collects personal information about the Customer and Recipient when the Customer and the Recipient voluntarily submit information directly to the Service Provider or Service Provider’s website. This can include information the Customer or Recipient provides to the Service Provider when the Customers or Recipient completes a form, purchases Services, makes a shipment or takes delivery of a Parcel, corresponds with the Service Provider, subscribes to Service Provider’s newsletters and other forms of marketing information or responds to Service Provider’s surveys or promotions, etc. The Service Provider also collects personal information from the Customer indirectly such as information about the pages the Customer or the Recipient looks at on the Service Provider’s website or the device the Customer or Recipient connects to the Service Provider’ website with.
By entering into the Contract or signing the Transportation Document, the Customer consents to the Service Provider using the personal data for the purposes of the Service Provider (or its agents or subcontractors) performing its obligations under the relevant Transportation Document and the Conditions. In particular, the Customer consents to the Service Provider sharing shipment data, including personal data, to customs if such is necessary for customs clearance and customs may record and use that data for customs, safety and security purposes as required in the frame of the clearance process. The Customer also consents to the Service Provider sharing this data with GeoPost SA [having its registered office at 26 rue Guynemer, 92130 ISSY LES MOULINEAUX, France,], its subsidiaries and branches, and confirms that the Service Provider can do the same with the Recipient’s personal data. Should the Customer provide any data to the Service Provider concerning a Recipient or third party in connection with a Parcel, the Customer warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to the Service Provider and its processing by the Service Provider in relation to the handling and transportation of the Parcel, as well as it has complied with all applicable data protection laws including providing the relevant data subject with all information in connection with the collection, transfer and processing of such data.
The Service Provider undertakes to use and process the personal data of the Customer and/or the Recipient in accordance with the applicable laws and regulations governing data protection and privacy.
The personal information the Service Provider collects may be transferred to and stored in countries outside of the jurisdiction the Customer and the Recipient are in. Some of these jurisdictions offer differing levels of protection in respect of personal information and may, in certain instances, be less protective than the jurisdiction the Customer and the Recipient are resident in. The Service Provider will take all steps to ensure that the personal information of the Customer and the Recipient is treated securely and in accordance with applicable laws and this present provision, so as an adequate level of personal data protection can be offered. The data controller may transfer the personal data of the Customer and the Recipient to countries outside the EEA and by remitting a Parcel and signing the Transportation Document, the Customer consents to the transfer of such personal data to those countries.
The Customer and the Recipient have a right to access and correct their personal information. If there is information the Customer or the Recipient would like to access or correct, it must contact the Service Provider using the contact details set out in the “Contacting us” section of the Service Provider’s website and provide as much information as the Customer or the Recipient can about the information the Customer or the Recipient is looking for and the Service Provider will try and help the Customer or the Recipient find it.
The Service Provider’s website may, from time to time, contain links to and from third party websites of GeoPost networks, news publications and affiliates. Please note that these websites may have their own privacy policies and their operators hold responsibility for their own operations
The data controller of the Service Provider, who is identified on the website of the Service Provider, is the data controller of the personal information the Service Provider holds about the Customer and the Recipient.
16. Non Waiver
Any failure by the Service Provider to enforce or apply any provision of these Conditions shall not constitute a waiver of that provision and shall not otherwise remove or reduce Service Provider's right to enforce that provision.
If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the remainder of these Conditions.
18. Intellectual Property
All Intellectual Property Rights in any materials (including software) supplied by the Service Provider to the Customer and in any methods of work and processes used by the Service Provider in connection with this Contract are and shall remain the exclusive property of the Service Provider.
“CLASSIC”, “Pickup” and “Predict” are registered and protected trademarks of the Service Provider.
Nothing in these Conditions shall imply any license or other permission to use or reproduce any such trademarks, materials, methods and processes save as expressly agreed in writing by the Service Provider.
19. Applicable laws
Where applicable transportations of Parcels performed entirely or partly by road, by explicit agreement or otherwise, are governed by the provisions of the Convention on the Contract for the International Carriage of Goods by Road ("CMR") May 1956 Geneva as amended by the Protocol of July 5th 1978 Geneva and the Protocol of 2008 Geneva when the transportation takes place in or to countries that are parties to the CMR and by the European Agreement Concerning the International Carriage of Dangerous Goods by Road (“ADR”), while transportation of Parcels by air are subject to the Warsaw Convention of October 12, 1929 ("Warsaw Convention"), as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols or the Montreal Convention of May 28, 1999 and all subsequent applicable Protocols, as well as the Guadalajara Convention of September 18, 1961.
Any matter not governed by the above referred international conventions shall be governed by the laws of the country of the Service Provider, provided that the rules of public policy in the Sending, Transit and Delivery Countries may also apply to the extent that this is compulsory or unless these Conditions state otherwise. In certain countries, the Service Provider may also act as postal operator in the understanding of the local postal law and the services may to the extent of the postal law of the jurisdiction of the Service Provider be regulated by such postal law.
20. Dispute Resolution
20.1 Place of jurisdiction
Any dispute arising in relation to the contractual relationships between the Customer and the Service Provider and/or the services rendered by the Service Provider or connected with these Conditions shall be subject to the Exclusive competence of the courts of the seat of the Service Provider.
20.2 Place of performance
Place of performance for all claims is the domicile of the Service Provider.
Appendix 1 – Selected Countries
Czech Republic (CZ)
United Kingdom (UK)
(DPD Belgium SA)
(DPD Croatia DOO)
(Direct Parcel Distribution CZ sro)
(DPD EESTI AS)
(DPD France SAS)
(DPD Deutschland GmbH)
(DPD Hungaria Futarpostai Csomagkuldo Szolgaltato KFT)
(Interlink Ireland LTD)
(DPD Latvija SIA)
(DPD Lietuva UAB)
(DPD (Luxembourg) SARL)
(DPD Netherland BV)
(DPD Polska SP.ZO.O)
(Chronopost Portugal Transporte Expresso International SA)
(Direct Parcel Distribution SK sro)
(DPD Kurirska in Paketna Distribucija DOO)
(SEUR GeoPost SL)
(DPD (Schweiz) AG)
(DPDgroup UK LTD)
Appendix 2 – Delivery Conditions
Käesolevas privaatsusteates (edaspidi: Privaatsusteade) selgitame, kuidas ja milliseid isikuandmeid DPD Eesti AS (DPD) töötleb, kui sõlmite meiega Lepingu, kasutate meie Teenuseid või olete meie Teenustega muul moel seotud (nt Saadetise Saaja), külastate DPD Veebilehte, osalete meie kampaaniates või võtate meiega ühendust. Privaatsusteates kasutatakse samu mõisteid kui Tüüptingimustes.
Privaatsusteates nimetatud isikuandmete vastutav töötleja on DPD Eesti AS (registrikood 10092256, aadress Taevavärava 1, Lehmja küla, Rae vald, Harju maakond, 75306, Eesti Vabariik. Veebileht www.dpd.ee).
Teie isikuandmete kaitsmine on meile tähtis, mistõttu vaatame aeg ajalt Privaatsusteate üle ja vajadusel muudame seda. Kõikidest isikuandmete kasutamisega seotud muudatustest, nagu ka sellest, kui muudetakse või ajakohastatakse vastavaid õigusakte ja reegleid (sh Privaatsusteadet) teavitame läbi DPD Veebilehe www.dpd.ee. Kui te ei nõustu muudetud Privaatsusteatega, peaksite lõpetama oma isikuandmete meile edastamise. Kui jätkate isikuandmete edastamist siiski ka pärast uue Privaatsusteate jõustumist, nõustute muudatustega ning muudetud Privaatsusteade on teile siduv.
Kelle ja milliseid isikuandmeid töötleme
Isikuandmed on igasugune teave, mida saab isikuga seostada. Andmete kategooriad, mida DPD peamiselt, kuid mitte ainult, kogub ja töötleb, samuti nende töötlemise eesmärk nagu ka säilitamine on järgmised:
Kliendi, Saatja, Saaja ja Kulleri isiku tuvastamise andmed
(nt nimi, isikukood, sünniaeg, andmed isikut tõendava dokumendi kohta
Lepingu sõlmimiseks ja täitmiseks.
Kuni töötlemise eesmärgi täitmiseni,
kuid mitte enam kui 7 aastat
Kliendi, Saatja, Saaja ja Kulleri kontaktandmed
(nt aadress, telefoninumber, e-posti aadress)
Lepingu sõlmimiseks ja täitmiseks.
Kuni töötlemise eesmärgi täitmiseni,
kuid mitte enam kui 7 aastat
Kliendi, Saatja, Saaja ka Kulleri asukoha andmed (nt GPS)
Lepingu sõlmimiseks ja täitmiseks.
Kuni töötlemise eesmärgi täitmiseni,
kuid mitte enam kui 7 aastat
Kliendi kasutajakonto andmed DPD Veebilehel (kasutajanimi, salasõna,
nimi, telefoninumber, e-posti aadress, tehingute ajalugu)
Lepingu sõlmimiseks ja täitmiseks
Kuni töötlemise eesmärgi täitmiseni,
kuid mitte enam kui 7 aastat
Kuni töötlemise eesmärgi täitmiseni
Kui Saadetist ei võta vastu Saaja, siis Saadetist vastuvõtva isiku nimi
Õigustatud huvi, nõusolek
Kuni töötlemise eesmärgi täitmiseni
Lisateenuse „ID-check ehk isikutuvastus“ puhul Saaja isikut tõendava
Kuni töötlemise eesmärgi täitmiseni
Andmed Kulleri seaduskuulekuse ja usaldusvääruse kohta
(nt kehtivad väärteo- ja kriminaalkaristuse andmed)
Lepingu sõlmimiseks ja täitmiseks.
Teenuse osutamise turvalisus
Kuni Kulleriga sõlmitud lepingu
Suhtlusandmed, näiteks DPD poolt salvestatavad audiovisuaalsed
(so heli- ja videosalvestised) andmed, mida kogutakse kui helistad
DPD-le või kui külastad DPD asukohti (kontor, Pickup Pakipood või
Pakiautomaat), samuti muud suhtlusandmed, mida kogutakse kui
külastad näiteks DPD poolt korraldatud üritusi või osaled tagasiside
või rahulolu uuringutes või küsitlustes.
Lepingu sõlmimiseks ja täitmiseks.
Turvalisuse ja usaldusvääruse
Kuni töötlemise eesmärgi täitmiseni
Andmed kampaanias osalemise kohta, sh osaleja kontaktandmed
ja muu esitatud teave
Kuni kampaania läbiviimiseni või
Meiega kontakteerumisel kontakteerunud isiku kontaktandmed
ja muu esitatud teave (nt tagasiside)
Päringute töötlemiseks ja
Kuni nõusoleku tagasivõtmiseni
DPD Veebilehe kasutamisel seadme andmeid jms
DPD Veebilehe arendamiseks ja
Tehniliste probleemide tuvastamiseks
Kuni nõusoleku tagasivõtmiseni
Milleks me isikuandmeid töötleme
Me töötleme Kliendi, Saatja ja Saaja isikuandmeid Kliendile Teenuse osutamiseks, s.o Saadetiste vastuvõtmiseks, maksete teostamiseks, sorteerimiseks, veoks, tollimiseks ja kättetoimetamiseks.
Me töötleme kampaanias osalejate isikuandmeid kampaania läbiviimiseks ning meiega kontakteerunud isikute isikuandmeid päringute töötlemiseks ja neile vastamiseks. Rahulolu-uuringu eesmärgiks on koguda tagasisidet ja kaardistada sihtrühmade rahulolu meie poolt pakutavate Teenustega, mistõttu töötleme andmeid ka sellel eesmärgil. Saadetud tagasisidet kasutame me ka oma Teenuste arendamiseks. Samuti võime teie kontaktandmeid kasutada teile vajaliku teabe edastamiseks.
DPD Veebilehe külastamisel automaatselt kogutud teavet kasutame me DPD Veebilehe arendamiseks ja kohandamiseks, tehniliste probleemide tuvastamiseks ja nende lahendamiseks, kasutusstatistika tegemiseks ja muudeks eesmärkideks, et oma tegevust parendada.
Kui te olete liitunud meie meilinglistiga, kasutame me teie kontaktandmeid teile erinevate pakkumiste edastamiseks. Teil on igal ajal õigus meie pakkumiste saamisest loobuda.
Muudel eesmärkidel töötleme teie isikuandmeid ainult teie eelneval nõusolekul.
Kui kaua me teie isikuandmeid säilitame
Töötleme isikuandmeid nii vähe kui võimalik. Üldjuhul säilitame isikuandmeid nii kaua, kuni see on vajalik nende kogumise eesmärgi täitmiseks (vt ülal), arvestades sealjuures seaduses sätestatud nõudeid (nt raamatupidamise seadus), või seni, kuni see on vajalik meie seaduslike huvide kaitsmiseks (nt nõuete esitamiseks või nende eest kaitsmiseks). Nõusoleku alusel antud isikuandmeid võime töödelda kuni nõusoleku tagasivõtmiseni.
Kuidas me isikuandmeid kogume
Üldiselt edastate te oma isikuandmed meile ise. See võib toimuda Saadetise Edastamise käigus E-teeninduses, Pick-up Pakiautomaadis, Pick-up Pakipoes, e-kirja vahendusel või vastavalt teiega sõlmitud või sõlmitavale Lepingule, samuti meie kampaaniates osalemisel või meiega kontakteerumisel.
DPD Veebilehe kasutamisel kogume me teatud teavet automaatselt.
Saadetise Edastamiseks vajalikud Saaja isikuandmed saame me tavaliselt Kliendilt või Saatjalt. Lepingu sõlmimisega kinnitab Klient, et tal või Saatjal on õigus meile Saaja isikuandmeid edastada ja meil on õigus neid käesolevas Privaatsusteates kirjeldatud viisidel töödelda.
Kellele me isikuandmeid edastame
Me edastame teie isikuandmeid ainult järgmistele isikutele:
a) Meie alltöövõtjatele, keda me kasutame Teenuse osutamisel (nt Pickup Pakipood). Me jääme alltöövõtjaid kasutades igati vastutavaks teie isikuandmete töötlemise eest
b) Isikutele ja asutustele, kellele see on vajalik Kliendile valitud Teenuse osutamiseks (nt kindlustusandjatele, tollile, makseasutustele. Me edastame sellistele isikutele ja asutustele ainult selliseid isikuandmeid ja ainult sellises ulatuses nagu see on valitud Teenuse osutamiseks või seaduse kohaselt vajalik)
c) Isikutele, kellele isikuandmete edastamine on nõutud seaduse alusel (nt järelevalveasutused)
d) Isikutele, kellele see on vajalik meie huvide kaitseks (nt pettuste avastamiseks või uurimiseks, õigus- vm nõustamiseks).
Saatja kontaktandmed on nähtavad ka Saajale.
Kuidas me teie isikuandmeid kaitseme
Rakendame asjakohaseid organisatsioonilisi, tehnilisi ja füüsilisi kaitsemeetmeid teie isikuandmete kaitsmiseks. Vaatamata sellele, et astume samme selle vältimiseks või vähendamiseks, võivad Pakisildile kantud andmed olla nähtavad ka kolmandatele isikutele.
Teil on kõik isikuandmete kaitse seaduse järgsed õigused, eelkõige
- õigus saada infot, kas DPD töötleb teie isikuandmeid ning juhul, kui töötleb, siis saada eelnimetatud andmetele ligipääs ja tutvuda nendega;
- õigus nõuda ebaõigete isikuandmete parandamist, kui need on ebapiisavad, puudulikud või väärad;
- õigus saada oma isikuandmed, mida olete ise esitanud ning mida töödeldakse nõusoleku alusel või lepingu täitmiseks, kirjalikult või üldkasutatavas elektroonilises vormingus, sealjuures õigus taotleda andmete ülekantavust teisele teenusepakkujale;
- õigus esitada vastuväiteid oma isikuandmete töötlemise suhtes, samuti õigus taotleda isikuandmete kustutamist. Selline õigus siiski puudub, kui isikuandmeid, mida palutakse kustutada, töödeldakse lisaks ka teistel õiguslikel alustel;
- õigus piirata oma isikuandmete töötlemist kohalduva õiguse alusel;
- õigus võtta tagasi oma nõusolek isikuandmete töötlemiseks;
- õigus esitada vaie isikuandmete kasutamise kohta Eesti Andmekaitse Inspektsioonile või kohtule, kui leiate, et teie isikuandmete töötlemine riivab teie õiguseid ja huve kohalduva õiguse alusel;
- õigus nõustuda või keelata oma andmete kasutamine otseturunduseks või turunduslikul eesmärgil.
DPD võib keelduda teie poolt esitatud tutvumissoovi täitmisest juhul:
- kui see võib kahjustada teise isiku õigusi ja vabadusi,
- takistada kuriteo tõkestamist või kurjategija tabamist,
- raskendada tõe väljaselgitamist kriminaalmenetluses,
- ohustada lapse põlvnemise saladuse kaitsmist,
- kui andmed on kustutatud,
- muudel seaduses ettenähtud juhtudel.
Kui te leiate, et teie õigusi on rikutud, on teil õigus pöörduda Andmekaitse Inspektsiooni (www.aki.ee) või kohtu poole.
Küpsised (cookies) on väikesed tekstifailid, mis paigaldatakse teie arvutisse veebilehtedelt, mida külastate. Küpsised võimaldavad ära tunda teie seadme veebilehtede külastamisel. Veebilehed kasutavad küpsiseid, et pakkuda teile isikupärasemat kasutuskogemust ja mugavamat navigeerimist. Näiteks võimaldavad küpsised meelde jätta teie eelistusi või jätta vahele igakordne veebilehele sisselogimine.
Teil on võimalik muuta küpsiste seadeid ja kustutada küpsised oma veebilehitseja (Internet Explorer, Firefox, Chrome jms) seadistuste kaudu:
Internet Explorer: http://support.microsoft.com/kb/278835
DPD Veebilehel kasutatakse järgmist tüüpi küpsiseid:
a) Tehnilised küpsised (strictly necessary/essential cookies), mis on olulised veebilehtedel ringiliikumiseks ja nende kasutaja poolt valitud võimaluste kasutamiseks.
b) Analüütilised küpsised (performance cookies), mis koguvad informatsiooni selle kohta, kuidas kasutajad veebilehti kasutavad, näiteks milliseid veebilehti nad kõige sagedamini külastavad ja milliseid veateateid nad veebilehtedelt saavad. Nende küpsiste eesmärgiks on parandada veebilehtede toimimist.
c) Eelistuste küpsised (functionality cookies), mis võimaldavad jätta meelde kasutaja tehtud valikuid (näiteks teksti suurus, muud veebilehe muudetavad omadused) ja tunnuseid (näiteks kasutajanimi, keel või kasutaja asukohariik), et pakkuda personaalsemaid võimalusi veebilehtede kasutamiseks.
d) Reklaamiküpsised (targeting/advertising/behaviourally targeted advertising cookies), mis võimaldavad näidata kasutajale personaliseeritud reklaami ja viia läbi turu-uuringuid ning -analüüse, kasutades veebilehtedelt kasutaja käitumise ja huvide kohta saadud andmeid. Saadud andmeid võidakse jagada reklaamivõrgustikega ja reklaamiteenuse pakkujatega.
e) Multimeedia esitamiseks kasutatavad küpsised, mis salvestavad video- või audiomaterjali esitamiseks vajalikku tehnilist teavet, nagu kujutise kvaliteet, võrguühenduse kiirus ja puhverdamise parameetrid.
f) Suhtluspluginate küpsised sisu jagamiseks. Mitmed sotsiaalvõrgustikud pakuvad suhtluspluginate mooduleid (social plug-in modules), mille abil saavad sotsiaalvõrgustike kasutajad jagada neile meelepärast sisu. Sellised pluginad salvestavad küpsised kasutaja lõppseadmesse ning omavad neile juurdepääsu, et sotsiaalvõrgustik saaks tuvastada oma liikmeid, kes selliste pluginatega suhtlevad.
Kui küpsis on hädavajalik sellise teenuse osutamiseks, mida kasutaja on selgesõnaliselt taotlenud, ei ole teie nõusolek küpsise kasutamiseks vajalik.
Kui teil peaks olema küsimusi, kommentaare või kaebusi seoses käesoleva Privaatsusteate või oma isikuandmete töötlemisega, siis võtke meiega DPD Veebilehe kaudu ühendust.
- GENERAL PROVISIONS
- GENERAL PRINCIPLES FOR PROCESSING
- CONFIDENTIALITY AND SECURITY MEASURES
- CONTROL 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