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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.

The present Standard Conditions regulate the conditions and order of the courier delivery service provided to the customer by DPD Eesti AS. DPD Eesti AS is entitled to change these Standard Conditions if necessary, either partly or entirely, corresponding to the stipulations of the existing legislation. The Standard Conditions can be acquired on the first demand from DPD customer service, on workdays during the office hours (phone (0) 6 130 000).
 
 The Standard Conditions will be sent by e-mail, fax or mail. Unless stated otherwise in these Conditions, DPD Eesti AS provides services according to the Estonian Freight Forwarders Association General Conditions 2000.
 
 
 1.    GENERAL PROVISIONS AND DEFINITIONS
 2.    REQUIREMENTS FOR PARCELS
 3.    ITEMS NOT FORWARDED BY DPD
 4.    PROVISION OF SERVICES
 5.    PAYMENT FOR THE SERVICES
 6.    COOPERATION OBLIGATION OF THE CLIENT
 7 .   NOTIFICATION OF THE VALUE OF THE GOODS 
 8.    OPENING, RETURN, DESTRUCTION AND SALE OF PARCELS
 9.    COMPENSATION FOR EXPENSES
 10.  LIABILITY
 11.  INSURANCE 
 12.  CLAIM FOR SET-OFF AND RIGHT OF RETENTION
 13.  SUBMISSION OF COMPLAINTS AND CLAIMS
 14.  APPLICABLE LAW

1.          GENERAL PROVISIONS AND DEFINITIONS             
 1.1        These standard conditions for provision by DPD Eesti AS (hereinafter: DPD) of the services (hereinafter: Standard Conditions) shall apply to all contracts between DPD and the Client concerning organisation of transport services of Consignments and transport of Consignments by DPD.
 1.2        DPD has the right to amend the Standard Conditions by giving the Client at least 30 calendar days’ notice thereof.
 1.3        Invalidity of any provision of the Standard Conditions shall not invalidate the remaining provisions of the Standard Conditions.
 1.4        For the purposes of the Standard Conditions, the terms shall have the following meaning:
 1.4.1     Client – a natural or legal person who has concluded a contract with DPD for provision of the Services by DPD.
 1.4.2     Services – the forwarding and express service of Consignments provided by DPD to the Client.
 1.4.3     Parcel – an item that is duly packaged and labelled.
 1.4.4     Consignment – a Parcel/Parcels sent by the Sender to the Recipient.
 1.4.5     Sender – a person who wishes to send the Consignment to the Recipient and who is liable for the contents of the Consignment.
 1.4.6     Recipient – a person to whom the Consignment is to be sent and who has the right to receive the Consignment.
 1.4.7     Order – an order placed by the Client to DPD for provision of the Service.
 1.4.8     Courier – an employee of DPD or a person performing the duties necessary for provision of the Services on behalf of DPD.

2.          REQUIREMENTS FOR PARCEL
 2.1        The maximum weight and dimensions of the Parcels acceptable for transportation by DPD are laid down in the Description of Services of DPD Eesti AS (available on the website of DPD www.dpd.ee).
 2.2        The Client shall be solely liable for the due internal and external packaging of the Parcel as well as for the correct labelling of the Parcel. The Client undertakes to package an item so as to ensure preservation of and non-damage to the contents of the Parcel and to prevent the Parcel from causing any damage to DPD or the actual carrier, inter alia, the Parcel must be protected against effects resulting from the automated sorting, climate conditions and mechanic handling (minimum falling height diagonally 80 cm). The Parcel may not be opened so that the opening thereof cannot be expressly identified later.

3.          ITEMS NOT FORWARDED BY DPD
 3.1        DPD shall not forward and the Client is prohibited to hand over to DPD the following items for transport:
 3.1.1     Parcels that do not comply with the conditions specified in section 2 of the Standard Conditions;
 3.1.2     especially valuable items, including precious metals, genuine jewellery articles, precious stones, natural pearls, antique items, works of art;
 3.1.3     money, sealed notarial documents, securities, credit cards, cheques, phone cards or similar certificate with a high value. Coins, credit cards, jewellery articles and other valuables may be forwarded upon the prior consent of DPD by the Consignments with a disclosed value;
 3.1.4     payment documents and entrance tickets the cost of which is more than EUR 320 per Parcel;
 3.1.5     furs, carpets, clocks as well as other jewellery and fur articles the cost of which is more than EUR 320 per item;
 3.1.6     Without written agreement Consignments, the transport cost of which or the cost of goods (including “cash on delivery” charge) shall be paid upon delivery of the Consignment;
 3.1.7     items the transport of which prohibited or restricted by law, inter alia, upon the forwarding of Consignments between states, goods the import or export of which is prohibited or for which the existence of a special permit is required in accordance with the legislation of the dispatching country, transit country or the destination country of the goods;
 3.1.8     firearms, ammunition, gas pistols, tear gas and nerve gas balloons, special equipment intended for the needs of the police and special service;
 3.1.9     explosives and easily flammable substances;
 3.1.10  toxic and radioactive substances;
 3.1.11   biological and infectious substances;
 3.1.12  narcotic and psychotropic substances;
 3.1.13  acids;
 3.1.14  easily perishable foodstuffs and other perishable goods;
 3.1.15  live or dead animals, birds, fish and insects (except for silkworms, bees and leeches),
 3.1.16  toxic plants;
 3.1.17  printed matter, materials and items that are indecent or with immoral contents;
 3.1.18  items that due to their characteristics or packaging may jeopardise the Recipient, the Sender of the Parcel (employees, subcontractors of DPD) and third parties, or soil and damage other Parcels;
 3.1.19  materials intended for medical or biological research, medical waste, human or animal remains, body parts or organs;
 3.1.20  hazardous items;
 3.2        DPD has the right to suspend the forwarding of the Consignment after acceptance of the Consignment in case if DPD finds out that the Consignment contains any items not to be sent as specified in section 3.1 of the Standard Conditions or in case if DPD becomes aware of any prohibition on transport of the goods contained in the Consignment, also if there exists a reason to assume that the transport of goods contained in the Consignment may be prohibited.
 3.3        In the events specified in section 3.2 of the Standard Conditions, DPD has the right to immediately get rid of the Consignment or destroy the Consignment for the purpose of risk avoidance, in such case the Client has the obligation to immediately compensate DPD for any damage and expenses incurred in relation thereto, while DPD is not liable for any damage resulting from non-forwarding of the Consignment.
 3.4        In addition to liability arising from law, the Client is liable for any direct or indirect damage caused to DPD, its employees, subcontractors and third parties in relation to the handover by the Client of the items specified in section 3.1 of the Standard Conditions to DPD for transport without the prior written consent of DPD. In such case, the Client undertakes to compensate for any damage arisen upon the first request of DPD. 

4.          PROVISION OF SERVICES

4.1        Volume of services
 4.1.1     The Services provided by DPD include organisation of transport by DPD or a carrier selected by DPD, acceptance, sorting and delivery of Consignments to the Recipient. Declaration of the value of the goods and the special interest of delivery, in accordance with the Convention on the Contract for the International Carriage of Goods by Road (hereinafter: CMR) or Warsaw Convention/Montreal Convention, shall not be applied unless DPD and the Client have agreed otherwise in writing.
 4.1.2     The Client and DPD may agree upon provision of any additional services by DPD on the basis of a written agreement.
 
 4.2        Placement of order
 4.2.1     Orders for provision of the Services may be submitted by the Client to DPD at the times, contact information and conditions specified on DPD’s website www.dpd.ee.
 
 4.3        Acceptance of Consignments
 4.3.1     The Courier shall arrive to collect the Consignment from the Sender in the time periods specified in the Description of Services of DPD Eesti AS (available on the website of DPD www.dpd.ee). Upon an additional agreement between DPD and the Client, the Courier shall arrive to collect the Consignment at the time agreed upon.
 4.3.2     The Courier shall wear the relevant DPD uniform when collecting and delivering the Consignment.
 4.3.3     The Courier has the right to refuse to accept the Consignment if the Consignment does not comply with the provisions of the Standard Conditions or is not duly labelled/packaged.
 4.3.4     Upon acceptance of the Consignment, a corresponding delivery note or an instrument of delivery and receipt of the Consignment shall be drawn up to be signed by the Sender or its authorised representative and the Courier. One copy of the delivery note/ instrument of delivery and receipt shall remain with the Client. DPD does not have any obligation to verify the identity of the Sender or its authorised representative on the basis of an identity document (unless otherwise agreed upon between DPD and the Client in writing), while a person that hands over to the Courier the Consignment at the address of the Sender shall be deemed to be the Sender/authorised representative of the Sender.
 4.3.5     The Client shall be liable for the contents of the Consignment. If the Client has submitted to DPD any wrong information on the contents of the Consignment, the Client shall bear any direct and indirect expenses incurred by DPD and third parties in connection with submission of wrong information and the imposed contractual penalties.
 4.3.6     The Client has the obligation to package the Consignment in a transport-resistant closed packaging. The packaging must ensure the intactness of and non-damage to the Consignment contents and preservation of the Consignment during transport.
 4.3.7     Each Parcel of the Consignment shall have on it the contact information of the Sender and Recipient (name, location, phone of a legal or natural person, name of the contact information) and the bar code complying with the DPD standard. A post box may not be the destination address may. Poste restante services shall not be provided.

4.4        Delivery and handover of the consignments
 4.4.1     The terms for delivery of consignments depend on the time when the Order is submitted and are fixed in the specification of the services of DPD Eesti AS (available on DPD's website www.dpd.ee).
 4.4.2     The Consignment shall be handed over to the Recipient specified in the delivery note, the authorised representative of the Recipient or a person specified by the Recipient. DPD is not required to establish the identity of the Recipient on the basis of an identity document (unless otherwise agreed upon in writing between DPD and the Client), whereat the Recipient is understood as a person who resides at the address of the Recipient, unless there is a reasoned doubt that the aforementioned person is not entitled to receive the Consignment.
 4.4.3     To confirm the delivery of the consignment, the Recipient, his or her representative or a person appointed by the Recipient shall sign a corresponding confirmation of delivery on a touch-sensitive screen and/or paper. The confirmation of delivery includes information on the name of the Recipient, his or her signature, the date and time of delivery of the Consignment. Upon the request of the Client (which shall be submitted to DPD within three (3) calendar months as of delivery of the Consignment at the latest), a copy of the signed confirmation of delivery shall be forwarded to the Client. The Client may get a copy of the confirmation of delivery also on the website www.dpd.ee within six (6) calendar months as of delivery of the consignment if DPD has granted the Client a relevant user identification and password for this.
 4.4.4     The Client can get information on the location of the Consignment during its transportation through the contact numbers of DPD client service available on DPD's website www.dpd.ee.
 4.4.5     During transportation of the Consignment, the Client may request that DPD change the procedure and conditions for delivery of the Consignment, by calling the contact numbers of DPD client service that are available at DPD’s website www.dpd.ee. Unless the Client has expressly prohibited this, the Recipient of the Consignment also has the right to request that DPD change the procedure and conditions for delivery of the Consignment (in particular to request that the Consignment be sent to a third party, specified by the Recipient, instead of the Recipient). Upon making changes in the conditions for delivery of the Consignment, DPD has the right to charge the Client an additional fee according to the Price List of DPD, whereat the term for delivery of the Consignment may be also extended in such case.
 4.4.6     If the Consignment cannot be handed over to the Recipient or his or her authorised representative, a corresponding notice concerning the arrival and delivery of the Consignment shall be left for the Recipient, if possible, and the Consignment shall be conveyed to a relevant DPD distribution centre for storage. Failure to hand over the Consignment does not change the obligation of the Client to pay DPD for the transport of the Consignment according to the Price List.
 4.4.7     If upon initial delivery of the Consignment the Consignment cannot be handed over to the Recipient, the additional deliveries shall be made on the basis of an additional agreement between DPD and the Client, and for a fee fixed in DPD’s Price List or agreed upon separately.
 4.4.8     A consignment that cannot be handed over to the Recipient or his or her authorised representative within seven (7) working days as of the day following the receipt of the Consignment shall be returned to the Client for a fee fixed in DPD’s Price List or agreed upon separately.
 4.4.9     If the Recipient refuses to accept the Consignment, the reasons for refusal shall be fixed by the Courier in the confirmation of delivery of the Consignment, which shall be given to the Client, and the Consignment shall be returned to the Client. The Client shall be charged for the return of the Consignment.

5.          PAYMENT FOR THE SERVICE
 5.1        The Client undertakes to pay DPD a fee for the provision of Services according to DPD’s applicable Price List unless DPD and the Client have, in writing, agreed upon the payment of a fee that is different from the Price List.
 5.2        DPD has the right to change the Price List by notifying the Client thereof at least 30 calendar days in advance. 

6.          COOPERATION OBLIGATION OF THE CLIENT
 6.1        The Client undertakes to ensure that the address of the Recipient, the transport documentation, packing and labelling of the Consignment are exact, in conformity with the requirements and free of errors and properly affixed. Consignments shall not be forwarded to the address of a rental mail box of a post office.
 6.2        Upon transport of the goods subject to customs procedure, the Client shall be responsible for the existence of correct information required for customs formalities, which must be supplied in the relevant envelope affixed on the outer side of the Consignment.
 6.3        Before handing the Consignment over to DPD, the Client undertakes to inspect and make sure that the Consignment does not contain any prohibited items as specified in Clause 3.1 of the Standard Conditions. 

7.          NOTIFICATION OF THE VALUE OF GOODS
 7.1        Before handing the Consignment over to DPD, the Client is required to notify DPD of the value of the goods and specify the value of the goods on the Parcel if the value of the Parcel’s content is more than EUR 350. If the value of the Parcel’s content is more than EUR 350, DPD shall decide on the conditions for further handling and transportation of the Parcel.

8.          OPENING, RETURN, DESTRUCTION AND SALE OF PARCELS
 8.1        DPD has the right to open the parcel:
 8.1.1     for the purpose of finding within the Parcel any information on the Sender or the Recipient if the Parcel cannot be forwarded to the Recipient nor returned to the Sender due to erroneous/wrong address, incomplete information on the Sender/Recipient or for any other reason;
 8.1.2     to ensure due execution of customs formalities;
 8.1.3     to remove any potential risks/dangers to the health of people or the assets of persons arising from the contents of the Parcel if the Parcel cannot be forwarded or the Parcel is not accepted by the Recipient;
 8.1.4     if it is necessary for the protection of the content of a damaged Consignment or identifying its condition;
 8.1.5     to destroy or sell the content of the Parcel if the Parcel cannot be forwarded to the Recipient and returned to the Sender.
 8.2        DPD may open the Parcel in the events specified in clause 8.1 provided the Client has not submitted to DPD the information necessary for due provision of the Services/return of the Parcel at the latest within fourteen (14) calendar days (in case of goods subject to customs procedure) or within seven (7) calendar days (in case of all other goods) as of submission of a request by DPD to this effect, whereat DPD has the right to immediately open the Parcel to avoid any potential risk/danger.
 8.3        DPD shall draw up a relevant record on the opening of the Parcel, where the reason for opening is fixed, the external condition of the Parcel is described, the weight of the Parcel before its opening and its total weight after repacking are specified. The list and specification of the items being the content of the Parcel as well as any potential damages to the items shall be fixed in the record. A copy of the record shall be sent to the Sender if the identity of the Sender is known to DPD.
 8.4        Upon receipt of the Consignment, the Courier has the right to demand that the Sender open the Consignment in order to get assurance of the absence of any prohibited items specified in clause 3.1 of the Standard Conditions. Upon the Sender’s refusal to open the Parcel, the Courier has the right to refuse to accept the Consignment.
 8.5        Upon request of the Recipient, the Courier is required to open the Consignment in handing thereof over to the Recipient.
 8.6        If delivery of the Consignment to the Recipient is impossible (due to incorrectness/illegibility of the address, the Recipient’s refusal to receive, etc.), the Consignment shall be returned to the Sender, showing the reason why delivery is impossible and adding a notation “Undeliverable”.
 8.7        If in case of impossibility to deliver the Consignment the return of the Consignment proves impossible, upon opening the Parcel DPD has the right to immediately destroy any quickly perishable goods, written notices and other items of low value. DPD has the right to sell any other items contained in the Consignment at an auction or in any other reasonable manner. The proceeds from the sale of the items shall flow to DPD.
 8.8        If the Client has not immediately paid DPD for the Service, DPD has the right to open the Consignment and sell the content of the Consignment at an auction, satisfying the claim for the Fee and any incurred sales expenses from the proceeds from selling the content of the Parcel, with one month’s notice of the sale of the content of the Consignment to the Client.

9.          COMPENSATION FOR EXPENSES
 9.1        The Client is required to compensate DPD for the expenses related to the transport of the Consignment back from another country if the Consignment could not be handed over to the Recipient.
 9.2           The Client is required to compensate DPD for any expenses arising from the opening of the Parcel and destruction of its content.

10.        LIABILITY
 10.1      DPD shall ensure preservation of and non-damage to the Consignment/accompanying documents as of the receipt of the Consignment/accompanying documents by the Courier until the handover thereof to the Recipient or an authorised representative of the Recipient, and shall be held liable for any damage to the Consignment/accompanying documents or for loss of the Consignment at the fault of DPD during the aforementioned period. Liability for preservation of and non-damage to the Consignment/accompanying documents shall be borne by DPD until the Recipient or the authorised representative of the Recipient has acknowledged (also electronically) the receipt of the Consignment on the delivery note, or until the Sender has acknowledged (also electronically) the return of the Consignment on the delivery note of the Consignment.
 10.2      A Consignment is deemed to be lost if it has not reached the Recipient or an authorised representative of the Recipient within 72 hours as of the agreed term for delivery of the Consignment,
 10.3      Upon damage to or loss of the Consignment at the fault of DPD, DPD shall compensate the Client for the value of the Consignment or its lost/damaged part, in case of a Consignment with a weight of up to 31.5 kg, in the amount of not more than EUR 350 and, in case of the Consignment with a weight of over 31.5 kg, in the amount of not more than SDR 8.33 (Special Drawing Right) per kilogramme of the lost or damaged Consignment or a part thereof.
 10.4      Upon loss, incorrect use of or damage to the accompanying documents of the Consignment at the fault of DPD, the fee paid to DPD for transportation of the corresponding Consignment shall be refunded to the Client, and the Client shall be compensated for the incurred damage in the maximum flat-rate amount of the paid fee.
 10.5      Upon exceeding the term for delivery of the Consignment, the Client shall be refunded the fee paid to DPD for transportation of the corresponding Consignment and shall be compensated for the incurred damage in the maximum flat-rate amount of the paid fee.
 10.6      Any damage and expenses not specified in clauses 10.3-10.5 of the Standard Conditions shall not be compensated by DPD, neither is DPD liable for any losses, non-proprietary damage and unearned income of third parties.
 10.7      DPD shall not be liable for damage to and loss of the Consignment/accompanying documents, exceeding the term for delivery of the Consignment and for any other damage if:
 10.7.1   the the Courier has made a notation concerning damage to the packaging of the Parcel on the accompanying document of the Parcel upon collection of the Consignment;
 10.7.2  the Consignment has not been duly packaged and labelled by the Sender so that the Consignment would be protected, inter alia, against loss and damage;
 10.7.3 the Client has failed to inform DPD beforehand of any hazardous or easily damageable/breakable items contained in the Consignment or the Client has supplied wrong/incomplete information;
 10.7.4  the accompanying documents handed over or the information supplied to DPD by the Client is deficient, incomplete or incorrect;
 10.7.5  the Consignment contains prohibited items specified in clause 3.1 of the Standard Conditions;
 10.7.6 damage has been either partially or fully caused by the acts/omissions of the Client, Recipient or their representatives, and violation by the Client of the Standard Conditions and agreement between the Parties;
 10.7.7   the Consignment has been removed from transportation because the Consignment contains prohibited items specified in clause 3.1 of the Standard Conditions or the Consignment is removed from transportation for any other reason beyond DPD;
 10.7.8 damage to or loss of the Damage is caused by the characteristics intrinsic to the items contained in the Consignment, as a result of which the item may get lost or damaged, mainly due to break-up, functional failure, rust, internal spoilage, drying, outflow or natural loss;
 10.7.9  the obligation has been violated or damage is caused due to force majeure.
 10.8      The Client is required to fully compensate DPD for any damage and expenses arising from violation of the Standard Conditions and undue performance of agreements between the parties.

11.        INSURANCE
 11.1      Each Parcel accepted by DPD for transportation shall have insurance cover to the extent in which DPD is liable in accordance with clause 10 of the Standard Conditions (liability of DPD).
 11.2      A Parcel that is subject to any other insurance cover shall not be covered by insurance of DPD in the amount exceeding liability of DPD in accordance with the provisions of clause 10 of the Standard Conditions.

12.        CLAIM FOR SET-OFF AND RIGHT OF RETENTION
 12.1      The Client may not submit claims for set-off nor any other counter-claims against any claims arising from the provision of the Services by DPD, neither may the Client demand application of the right of retention with regard to the Consignments.

13.        SUBMISSION OF COMPLAINTS AND CLAIMS
 13.1      Any complaints and claims of the Client related to the provision of the Services shall be submitted to DPD in writing.
 13.2      Any complaints concerning invoices submitted to the Client shall be submitted to DPD at the latest within seven (7) days as of the date of submission of the invoice.
 13.3      Upon damage to and loss of the Consignment/accompanying documents or exceeding the term for delivery of the Consignment, the Client shall submit to DPD a corresponding written request for the incurred damage at the latest within three (3) working days as of the receipt of the Consignment or expiry of the term for delivery of the Consignment.
 13.4      Upon submission of a written claim for damage, the Client shall also precisely specify the scope of loss or damage.
 13.5      If damage to or partial loss of the Consignment is apparent upon visual inspection, but the Recipient has accepted the Consignment, and the Recipient and the Sender have not notified DPD of the loss of or damage to the Consignment at the latest upon delivery of the Consignment to the Recipient, it is assumed that the Consignment has been delivered in the appropriate condition.
 13.6      If the Parties fail to resolve any disputes between the Parties by way of negotiations, the dispute shall be referred to Harju County Court for settlement. 

14.        APPLICABLE LAW
 14.1      The performance of the contract between DPD and the Client shall be governed by the legislation of the Republic of Estonia. In case of international transport, the part not regulated by the contract between the Parties and the Standard Conditions shall be additionally also governed by the provisions of CMR and Warsaw Convention/Montreal Convention.

The present Standard Conditions regulate the conditions and order of the courier delivery service provided to the customer by DPD Eesti AS. DPD Eesti AS is entitled to change these Standard Conditions if necessary, either partly or entirely, corresponding to the stipulations of the existing legislation. The Standard Conditions can be acquired on the first demand from DPD customer service, on workdays during the office hours (phone (0) 6 130 000).
 
 The Standard Conditions will be sent by e-mail, fax or mail. Unless stated otherwise in these Conditions, DPD Eesti AS provides services according to the Estonian Freight Forwarders Association General Conditions 2000.
 
 
 1.    GENERAL PROVISIONS AND DEFINITIONS
 2.    REQUIREMENTS FOR PARCELS
 3.    ITEMS NOT FORWARDED BY DPD
 4.    PROVISION OF SERVICES
 5.    PAYMENT FOR THE SERVICES
 6.    COOPERATION OBLIGATION OF THE CLIENT
 7 .   NOTIFICATION OF THE VALUE OF THE GOODS 
 8.    OPENING, RETURN, DESTRUCTION AND SALE OF PARCELS
 9.    COMPENSATION FOR EXPENSES
 10.  LIABILITY
 11.  INSURANCE 
 12.  CLAIM FOR SET-OFF AND RIGHT OF RETENTION
 13.  SUBMISSION OF COMPLAINTS AND CLAIMS
 14.  APPLICABLE LAW

 

1.          GENERAL PROVISIONS AND DEFINITIONS             
 1.1        These standard conditions for provision by DPD Eesti AS (hereinafter: DPD) of the services (hereinafter: Standard Conditions) shall apply to all contracts between DPD and the Client concerning organisation of transport services of Consignments and transport of Consignments by DPD.
 1.2        DPD has the right to amend the Standard Conditions by giving the Client at least 30 calendar days’ notice thereof.
 1.3        Invalidity of any provision of the Standard Conditions shall not invalidate the remaining provisions of the Standard Conditions.
 1.4        For the purposes of the Standard Conditions, the terms shall have the following meaning:
 1.4.1     Client – a natural or legal person who has concluded a contract with DPD for provision of the Services by DPD.
 1.4.2     Services – the forwarding and express service of Consignments provided by DPD to the Client.
 1.4.3     Parcel – an item that is duly packaged and labelled.
 1.4.4     Consignment – a Parcel/Parcels sent by the Sender to the Recipient.
 1.4.5     Sender – a person who wishes to send the Consignment to the Recipient and who is liable for the contents of the Consignment.
 1.4.6     Recipient – a person to whom the Consignment is to be sent and who has the right to receive the Consignment.
 1.4.7     Order – an order placed by the Client to DPD for provision of the Service.
 1.4.8     Courier – an employee of DPD or a person performing the duties necessary for provision of the Services on behalf of DPD.

 

2.          REQUIREMENTS FOR PARCEL
 2.1        The maximum weight and dimensions of the Parcels acceptable for transportation by DPD are laid down in the Description of Services of DPD Eesti AS (available on the website of DPD www.dpd.ee).
 2.2        The Client shall be solely liable for the due internal and external packaging of the Parcel as well as for the correct labelling of the Parcel. The Client undertakes to package an item so as to ensure preservation of and non-damage to the contents of the Parcel and to prevent the Parcel from causing any damage to DPD or the actual carrier, inter alia, the Parcel must be protected against effects resulting from the automated sorting, climate conditions and mechanic handling (minimum falling height diagonally 80 cm). The Parcel may not be opened so that the opening thereof cannot be expressly identified later.

 

3.          ITEMS NOT FORWARDED BY DPD
 3.1        DPD shall not forward and the Client is prohibited to hand over to DPD the following items for transport:
 3.1.1     Parcels that do not comply with the conditions specified in section 2 of the Standard Conditions;
 3.1.2     especially valuable items, including precious metals, genuine jewellery articles, precious stones, natural pearls, antique items, works of art;
 3.1.3     money, sealed notarial documents, securities, credit cards, cheques, phone cards or similar certificate with a high value. Coins, credit cards, jewellery articles and other valuables may be forwarded upon the prior consent of DPD by the Consignments with a disclosed value;
 3.1.4     payment documents and entrance tickets the cost of which is more than EUR 520 per Parcel;
 3.1.5     furs, carpets, clocks as well as other jewellery and fur articles the cost of which is more than EUR 520 per item;
 3.1.6     other items the cost of which is more than EUR 13,000;
 3.1.7     items the transport of which prohibited or restricted by law, inter alia, upon the forwarding of Consignments between states, goods the import or export of which is prohibited or for which the existence of a special permit is required in accordance with the legislation of the dispatching country, transit country or the destination country of the goods;
 3.1.8     firearms, ammunition, gas pistols, tear gas and nerve gas balloons, special equipment intended for the needs of the police and special service;
 3.1.9     explosives and easily flammable substances;
 3.1.10  toxic and radioactive substances;
 3.1.11   biological and infectious substances;
 3.1.12  narcotic and psychotropic substances;
 3.1.13  acids;
 3.1.14  easily perishable foodstuffs and other perishable goods;
 3.1.15  live or dead animals, birds, fish and insects (except for silkworms, bees and leeches),
 3.1.16  toxic plants;
 3.1.17  printed matter, materials and items that are indecent or with immoral contents;
 3.1.18  items that due to their characteristics or packaging may jeopardise the Recipient, the Sender of the Parcel (employees, subcontractors of DPD) and third parties, or soil and damage other Parcels;
 3.1.19  materials intended for medical or biological research, medical waste, human or animal remains, body parts or organs;
 3.1.20  hazardous items;
 3.1.21   Without written agreement Consignments, the transport cost of which or the cost of goods (including “cash on delivery” charge) shall be paid upon delivery of the Consignment.
 3.2        DPD has the right to suspend the forwarding of the Consignment after acceptance of the Consignment in case if DPD finds out that the Consignment contains any items not to be sent as specified in section 3.1 of the Standard Conditions or in case if DPD becomes aware of any prohibition on transport of the goods contained in the Consignment, also if there exists a reason to assume that the transport of goods contained in the Consignment may be prohibited.
 3.3        In the events specified in section 3.2 of the Standard Conditions, DPD has the right to immediately get rid of the Consignment or destroy the Consignment for the purpose of risk avoidance, in such case the Client has the obligation to immediately compensate DPD for any damage and expenses incurred in relation thereto, while DPD is not liable for any damage resulting from non-forwarding of the Consignment.
 3.4        In addition to liability arising from law, the Client is liable for any direct or indirect damage caused to DPD, its employees, subcontractors and third parties in relation to the handover by the Client of the items specified in section 3.1 of the Standard Conditions to DPD for transport without the prior written consent of DPD. In such case, the Client undertakes to compensate for any damage arisen upon the first request of DPD. 

 

4.          PROVISION OF SERVICES

4.1        Volume of services
 4.1.1     The Services provided by DPD include organisation of transport by DPD or a carrier selected by DPD, acceptance, sorting and delivery of Consignments to the Recipient. Declaration of the value of the goods and the special interest of delivery, in accordance with the Convention on the Contract for the International Carriage of Goods by Road (hereinafter: CMR) or Warsaw Convention/Montreal Convention, shall not be applied unless DPD and the Client have agreed otherwise in writing.
 4.1.2     The Client and DPD may agree upon provision of any additional services by DPD on the basis of a written agreement.
 
 4.2        Placement of order
 4.2.1     Orders for provision of the Services may be submitted by the Client to DPD at the times, contact information and conditions specified on DPD’s website www.dpd.ee.
 
 4.3        Acceptance of Consignments
 4.3.1     The Courier shall arrive to collect the Consignment from the Sender in the time periods specified in the Description of Services of DPD Eesti AS (available on the website of DPD www.dpd.ee). Upon an additional agreement between DPD and the Client, the Courier shall arrive to collect the Consignment at the time agreed upon.
 4.3.2     The Courier shall wear the relevant DPD uniform when collecting and delivering the Consignment.
 4.3.3     The Courier has the right to refuse to accept the Consignment if the Consignment does not comply with the provisions of the Standard Conditions or is not duly labelled/packaged.
 4.3.4     Upon acceptance of the Consignment, a corresponding delivery note or an instrument of delivery and receipt of the Consignment shall be drawn up to be signed by the Sender or its authorised representative and the Courier. One copy of the delivery note/ instrument of delivery and receipt shall remain with the Client. DPD does not have any obligation to verify the identity of the Sender or its authorised representative on the basis of an identity document (unless otherwise agreed upon between DPD and the Client in writing), while a person that hands over to the Courier the Consignment at the address of the Sender shall be deemed to be the Sender/authorised representative of the Sender.
 4.3.5     The Client shall be liable for the contents of the Consignment. If the Client has submitted to DPD any wrong information on the contents of the Consignment, the Client shall bear any direct and indirect expenses incurred by DPD and third parties in connection with submission of wrong information and the imposed contractual penalties.
 4.3.6     The Client has the obligation to package the Consignment in a transport-resistant closed packaging. The packaging must ensure the intactness of and non-damage to the Consignment contents and preservation of the Consignment during transport.
 4.3.7     Each Parcel of the Consignment shall have on it the contact information of the Sender and Recipient (name, location, phone of a legal or natural person, name of the contact information) and the bar code complying with the DPD standard. A post box may not be the destination address may. Poste restante services shall not be provided.

4.4        Delivery and handover of the consignments
 4.4.1     The terms for delivery of consignments depend on the time when the Order is submitted and are fixed in the specification of the services of DPD Eesti AS (available on DPD's website www.dpd.ee).
 4.4.2     The Consignment shall be handed over to the Recipient specified in the delivery note, the authorised representative of the Recipient or a person specified by the Recipient. DPD is not required to establish the identity of the Recipient on the basis of an identity document (unless otherwise agreed upon in writing between DPD and the Client), whereat the Recipient is understood as a person who resides at the address of the Recipient, unless there is a reasoned doubt that the aforementioned person is not entitled to receive the Consignment.
 4.4.3     To confirm the delivery of the consignment, the Recipient, his or her representative or a person appointed by the Recipient shall sign a corresponding confirmation of delivery on a touch-sensitive screen and/or paper. The confirmation of delivery includes information on the name of the Recipient, his or her signature, the date and time of delivery of the Consignment. Upon the request of the Client (which shall be submitted to DPD within three (3) calendar months as of delivery of the Consignment at the latest), a copy of the signed confirmation of delivery shall be forwarded to the Client. The Client may get a copy of the confirmation of delivery also on the website www.dpd.ee within six (6) calendar months as of delivery of the consignment if DPD has granted the Client a relevant user identification and password for this.
 4.4.4     The Client can get information on the location of the Consignment during its transportation through the contact numbers of DPD client service available on DPD's website www.dpd.ee.
 4.4.5     During transportation of the Consignment, the Client may request that DPD change the procedure and conditions for delivery of the Consignment, by calling the contact numbers of DPD client service that are available at DPD’s website www.dpd.ee. Unless the Client has expressly prohibited this, the Recipient of the Consignment also has the right to request that DPD change the procedure and conditions for delivery of the Consignment (in particular to request that the Consignment be sent to a third party, specified by the Recipient, instead of the Recipient). Upon making changes in the conditions for delivery of the Consignment, DPD has the right to charge the Client an additional fee according to the Price List of DPD, whereat the term for delivery of the Consignment may be also extended in such case.
 4.4.6     If the Consignment cannot be handed over to the Recipient or his or her authorised representative, a corresponding notice concerning the arrival and delivery of the Consignment shall be left for the Recipient, if possible, and the Consignment shall be conveyed to a relevant DPD distribution centre for storage. Failure to hand over the Consignment does not change the obligation of the Client to pay DPD for the transport of the Consignment according to the Price List.
 4.4.7     If upon initial delivery of the Consignment the Consignment cannot be handed over to the Recipient, the additional deliveries shall be made on the basis of an additional agreement between DPD and the Client, and for a fee fixed in DPD’s Price List or agreed upon separately.
 4.4.8     A consignment that cannot be handed over to the Recipient or his or her authorised representative within seven (7) working days as of the day following the receipt of the Consignment shall be returned to the Client for a fee fixed in DPD’s Price List or agreed upon separately.
 4.4.9     If the Recipient refuses to accept the Consignment, the reasons for refusal shall be fixed by the Courier in the confirmation of delivery of the Consignment, which shall be given to the Client, and the Consignment shall be returned to the Client. The Client shall be charged for the return of the Consignment.

 

5.          PAYMENT FOR THE SERVICE
 5.1        The Client undertakes to pay DPD a fee for the provision of Services according to DPD’s applicable Price List unless DPD and the Client have, in writing, agreed upon the payment of a fee that is different from the Price List.
 5.2        DPD has the right to change the Price List by notifying the Client thereof at least 30 calendar days in advance. 

 

6.          COOPERATION OBLIGATION OF THE CLIENT
 6.1        The Client undertakes to ensure that the address of the Recipient, the transport documentation, packing and labelling of the Consignment are exact, in conformity with the requirements and free of errors and properly affixed. Consignments shall not be forwarded to the address of a rental mail box of a post office.
 6.2        Upon transport of the goods subject to customs procedure, the Client shall be responsible for the existence of correct information required for customs formalities, which must be supplied in the relevant envelope affixed on the outer side of the Consignment.
 6.3        Before handing the Consignment over to DPD, the Client undertakes to inspect and make sure that the Consignment does not contain any prohibited items as specified in Clause 3.1 of the Standard Conditions. 

 

7.          NOTIFICATION OF THE VALUE OF GOODS
 7.1        Before handing the Consignment over to DPD, the Client is required to notify DPD of the value of the goods and specify the value of the goods on the Parcel if the value of the Parcel’s content is more than EUR 520. If the value of the Parcel’s content is more than EUR 520, DPD shall decide on the conditions for further handling and transportation of the Parcel.

 

8.          OPENING, RETURN, DESTRUCTION AND SALE OF PARCELS
 8.1        DPD has the right to open the parcel:
 8.1.1     for the purpose of finding within the Parcel any information on the Sender or the Recipient if the Parcel cannot be forwarded to the Recipient nor returned to the Sender due to erroneous/wrong address, incomplete information on the Sender/Recipient or for any other reason;
 8.1.2     to ensure due execution of customs formalities;
 8.1.3     to remove any potential risks/dangers to the health of people or the assets of persons arising from the contents of the Parcel if the Parcel cannot be forwarded or the Parcel is not accepted by the Recipient;
 8.1.4     if it is necessary for the protection of the content of a damaged Consignment or identifying its condition;
 8.1.5     to destroy or sell the content of the Parcel if the Parcel cannot be forwarded to the Recipient and returned to the Sender.
 8.2        DPD may open the Parcel in the events specified in clause 8.1 provided the Client has not submitted to DPD the information necessary for due provision of the Services/return of the Parcel at the latest within fourteen (14) calendar days (in case of goods subject to customs procedure) or within seven (7) calendar days (in case of all other goods) as of submission of a request by DPD to this effect, whereat DPD has the right to immediately open the Parcel to avoid any potential risk/danger.
 8.3        DPD shall draw up a relevant record on the opening of the Parcel, where the reason for opening is fixed, the external condition of the Parcel is described, the weight of the Parcel before its opening and its total weight after repacking are specified. The list and specification of the items being the content of the Parcel as well as any potential damages to the items shall be fixed in the record. A copy of the record shall be sent to the Sender if the identity of the Sender is known to DPD.
 8.4        Upon receipt of the Consignment, the Courier has the right to demand that the Sender open the Consignment in order to get assurance of the absence of any prohibited items specified in clause 3.1 of the Standard Conditions. Upon the Sender’s refusal to open the Parcel, the Courier has the right to refuse to accept the Consignment.
 8.5        Upon request of the Recipient, the Courier is required to open the Consignment in handing thereof over to the Recipient.
 8.6        If delivery of the Consignment to the Recipient is impossible (due to incorrectness/illegibility of the address, the Recipient’s refusal to receive, etc.), the Consignment shall be returned to the Sender, showing the reason why delivery is impossible and adding a notation “Undeliverable”.
 8.7        If in case of impossibility to deliver the Consignment the return of the Consignment proves impossible, upon opening the Parcel DPD has the right to immediately destroy any quickly perishable goods, written notices and other items of low value. DPD has the right to sell any other items contained in the Consignment at an auction or in any other reasonable manner. The proceeds from the sale of the items shall flow to DPD.
 8.8        If the Client has not immediately paid DPD for the Service, DPD has the right to open the Consignment and sell the content of the Consignment at an auction, satisfying the claim for the Fee and any incurred sales expenses from the proceeds from selling the content of the Parcel, with one month’s notice of the sale of the content of the Consignment to the Client.

 

9.          COMPENSATION FOR EXPENSES
 9.1        The Client is required to compensate DPD for the expenses related to the transport of the Consignment back from another country if the Consignment could not be handed over to the Recipient.
 9.2           The Client is required to compensate DPD for any expenses arising from the opening of the Parcel and destruction of its content.

 

10.        LIABILITY
 10.1      DPD shall ensure preservation of and non-damage to the Consignment/accompanying documents as of the receipt of the Consignment/accompanying documents by the Courier until the handover thereof to the Recipient or an authorised representative of the Recipient, and shall be held liable for any damage to the Consignment/accompanying documents or for loss of the Consignment at the fault of DPD during the aforementioned period. Liability for preservation of and non-damage to the Consignment/accompanying documents shall be borne by DPD until the Recipient or the authorised representative of the Recipient has acknowledged (also electronically) the receipt of the Consignment on the delivery note, or until the Sender has acknowledged (also electronically) the return of the Consignment on the delivery note of the Consignment.
 10.2      A Consignment is deemed to be lost if it has not reached the Recipient or an authorised representative of the Recipient within 72 hours as of the agreed term for delivery of the Consignment,
 10.3      Upon damage to or loss of the Consignment at the fault of DPD, DPD shall compensate the Client for the value of the Consignment or its lost/damaged part, in case of a Consignment with a weight of up to 31.5 kg, in the amount of not more than EUR 520 and, in case of the Consignment with a weight of over 31.5 kg, in the amount of not more than SDR 8.33 (Special Drawing Right) per kilogramme of the lost or damaged Consignment or a part thereof.
 10.4      Upon loss, incorrect use of or damage to the accompanying documents of the Consignment at the fault of DPD, the fee paid to DPD for transportation of the corresponding Consignment shall be refunded to the Client, and the Client shall be compensated for the incurred damage in the maximum flat-rate amount of the paid fee.
 10.5      Upon exceeding the term for delivery of the Consignment, the Client shall be refunded the fee paid to DPD for transportation of the corresponding Consignment and shall be compensated for the incurred damage in the maximum flat-rate amount of the paid fee.
 10.6      Any damage and expenses not specified in clauses 10.3-10.5 of the Standard Conditions shall not be compensated by DPD, neither is DPD liable for any losses, non-proprietary damage and unearned income of third parties.
 10.7      DPD shall not be liable for damage to and loss of the Consignment/accompanying documents, exceeding the term for delivery of the Consignment and for any other damage if:
 10.7.1   the the Courier has made a notation concerning damage to the packaging of the Parcel on the accompanying document of the Parcel upon collection of the Consignment;
 10.7.2  the Consignment has not been duly packaged and labelled by the Sender so that the Consignment would be protected, inter alia, against loss and damage;
 10.7.3 the Client has failed to inform DPD beforehand of any hazardous or easily damageable/breakable items contained in the Consignment or the Client has supplied wrong/incomplete information;
 10.7.4  the accompanying documents handed over or the information supplied to DPD by the Client is deficient, incomplete or incorrect;
 10.7.5  the Consignment contains prohibited items specified in clause 3.1 of the Standard Conditions;
 10.7.6 damage has been either partially or fully caused by the acts/omissions of the Client, Recipient or their representatives, and violation by the Client of the Standard Conditions and agreement between the Parties;
 10.7.7   the Consignment has been removed from transportation because the Consignment contains prohibited items specified in clause 3.1 of the Standard Conditions or the Consignment is removed from transportation for any other reason beyond DPD;
 10.7.8 damage to or loss of the Damage is caused by the characteristics intrinsic to the items contained in the Consignment, as a result of which the item may get lost or damaged, mainly due to break-up, functional failure, rust, internal spoilage, drying, outflow or natural loss;
 10.7.9  the obligation has been violated or damage is caused due to force majeure.
 10.8      The Client is required to fully compensate DPD for any damage and expenses arising from violation of the Standard Conditions and undue performance of agreements between the parties.

 

11.        INSURANCE
 11.1      Each Parcel accepted by DPD for transportation shall have insurance cover to the extent in which DPD is liable in accordance with clause 10 of the Standard Conditions (liability of DPD).
 11.2      In accordance with the conditions of the insurance cover of DPD, if a higher insurance premium is paid by a written agreement of the parties, insurance of up to EUR 13 000 per Parcel may be provided where the insured sum increases by a multiplication of EUR 500. Such procedure is not possible in DPD Parcel Shops.
 11.3      Upon the request of the Client and by a written agreement of the Parties, a higher insurance cover may be applied to the entire Parcel volume, a part of the Parcel volume or single Parcels. That procedure shall be performed and a corresponding agreement between the Parties concluded prior to the transfer of the Parcels to DPD for transportation,
 11.4      The Client is the only beneficiary of the insurance upon transfer of the degree of liability. No claims arising from this may be assigned to any third parties.
 11.5      A Parcel that is subject to any other insurance cover shall not be covered by insurance of DPD in the amount exceeding liability of DPD in accordance with the provisions of clause 10 of the Standard Conditions.

 

12.        CLAIM FOR SET-OFF AND RIGHT OF RETENTION
 12.1      The Client may not submit claims for set-off nor any other counter-claims against any claims arising from the provision of the Services by DPD, neither may the Client demand application of the right of retention with regard to the Consignments.

 

13.        SUBMISSION OF COMPLAINTS AND CLAIMS
 13.1      Any complaints and claims of the Client related to the provision of the Services shall be submitted to DPD in writing.
 13.2      Any complaints concerning invoices submitted to the Client shall be submitted to DPD at the latest within seven (7) days as of the date of submission of the invoice.
 13.3      Upon damage to and loss of the Consignment/accompanying documents or exceeding the term for delivery of the Consignment, the Client shall submit to DPD a corresponding written request for the incurred damage at the latest within three (3) working days as of the receipt of the Consignment or expiry of the term for delivery of the Consignment.
 13.4      Upon submission of a written claim for damage, the Client shall also precisely specify the scope of loss or damage.
 13.5      If damage to or partial loss of the Consignment is apparent upon visual inspection, but the Recipient has accepted the Consignment, and the Recipient and the Sender have not notified DPD of the loss of or damage to the Consignment at the latest upon delivery of the Consignment to the Recipient, it is assumed that the Consignment has been delivered in the appropriate condition.
 13.6      If the Parties fail to resolve any disputes between the Parties by way of negotiations, the dispute shall be referred to Harju County Court for settlement. 

 

14.        APPLICABLE LAW
 14.1      The performance of the contract between DPD and the Client shall be governed by the legislation of the Republic of Estonia. In case of international transport, the part not regulated by the contract between the Parties and the Standard Conditions shall be additionally also governed by the provisions of CMR and Warsaw Convention/Montreal Convention.