DPD France SAS (share capital: €18,500,000 - registered head office: 11-13 Rue René Jacques - 92130 Issy-Les-Moulineaux - Nanterre Trade and Company Registry No. 444 420 830), hereinafter referred to as “DPD”, specialises in the express/fast delivery of parcels weighing less than 30 kilograms in France and abroad on behalf of its business customers, to be delivered to their business or consumer customers.
In addition to the information available on DPD France’s corporate website (www.dpd.fr), the following information is provided in accordance with the provisions of Article L.111-2 of the French Consumer Code (Code de la Consommation):
DPD France is on the list of companies registered in the goods and freight forwarders registers.
Accordingly, DPD France holds:
a certificate confirming its registration in the freight forwarders register;
a national road haulage/carriage license for the carriage of goods on behalf of third parties (number No. 2015/11/0002095);
an EU road haulage/carriage license for the carriage of goods on behalf of third parties (No. 2015/11/0002093);
issued by the Frnch Regional and Interdepartmental Directorate of Equipment and Planning of the Ile-de-France region (DRIEA-IDF, Direction Régionale et Interdépartementale de l’Equipement et de l’Aménagement d’Ile-de-France), whose contact details are as follows: DRIEA/SST/DRTR, 21-23 Rue Miollis - 75732 Paris Cedex 15 - Fax: 01 40 61 81 61
DPD France is registered for value-added tax and identified by an individual number under Article 286 ter of the French General Tax Code (Code Général des Impôts): EU VAT No. FR24 444 420 830.
DPD France also holds the following certifications:
Authorised Economic Operator ("AEO") - Security and safety No. FR00001230 issued by the customs administration;
CERTIPHARM issued by CERTIPHARM
ISO 14001:2021 issued by AFNOR
ISO 9001:2021 issued by AFNOR
ARTICLE 1. PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the respective commitments of DPD and its customer (hereinafter referred to as the “Customer”), hereinafter collectively referred to as the “Parties” with respect to the transport and pick-up and delivery services performed by DPD (hereinafter referred to as the "Services").
These General Terms and Conditions refer to the provisions of the French Transport Code (Code des Transports), French Decree No. 2017-461 of March 31, 2017 approving the pro forma contract for public road haulage/carriage operations carried out in France and, for the international operations, to the Convention on the Contract for the International Carriage of Goods by Road (CMR) of May 19, 1956 and to the Warsaw Convention of October 12, 1929 and the Montreal Convention of May 28, 1999.
ARTICLE 2. SCOPE
In any capacity whatsoever, including that of freight forwarder or carrier, DPD undertakes to ship parcels from handover through to the agreed destination, using a route, procedure and carriers to be chosen by DPD.
The destinations to which DPD delivers and the specific features of the products and services proposed by DPD are presented at www.dpd.fr.
The products and services covered by these General Terms and Conditions of Sale are:
DPD Classic (Delivery of business parcels in France)
DPD Classic Europe (Delivery of parcels in Europe) governed, first and foremost, by the General Terms and Conditions of Service for “Classic Europe” and “Relais” (Classic Shop) Services available at dpd.fr.
Collection Request (regular or occasional parcel pick-ups from a third party on request) with the option of DPD CLASSIC and DPD CLASSIC Europe offers
DPD Classic Intercontinental (Delivery of parcels worldwide)
DPD Médical (Delivery of parcels to healthcare professionals - CERTIPHARM certified) also governed by the special conditions relating to the transport of medicines,
DPD Chéquier (prepaid shipping solution) in continental France and Europe
DPD Bouteilles (DPD Bottles) (Delivery of parcels with specific adapted packing)
DPD Relais (Delivery of parcels to “Relais Pickup” points)
Predict (Interactive home delivery solution allowing customers to choose a delivery slot)
DPD Retour (Return of goods via a “Relais Pickup” point).
Edition by DPD (Solution for book publishers).
In addition to its network transporting and delivering parcels directly to the homes of recipients (DPD Classic, Predict, DPD Médical, DPD Chéquier, Collection Request), which covers the areas listed at www.dpd.fr, DPD offers, for DPD Relais and DPD Retour services, a transport and delivery network located throughout metropolitan France, Corsica and French islands off the coast of the French mainland, to the exclusion of French Overseas Collectivities. It consists of local shops selected by DPD (“Relais Pickup” points). DPD reserves the right to alter the list of Relais Pickup points at any time; this list can be viewed at www.dpd.fr. DPD provides the Customer and its customer recipients with an information system available online at www.dpd.fr, free of charge (excluding any connection costs and call charges by the operator in question applicable at the time of consultation), allowing the Customer and its recipient to track the progress of its parcels through to delivery to the recipient (hereinafter referred to as “tracking”). Additional information, alerts and reminders are also available as paid options.
ARTICLE 3. TERMS OF ACCEPTANCE OF DISPATCHES
The Customer undertakes to observe these terms of acceptance, and shall be answerable for any adverse consequences of failure by it or its agents to abide by these terms.
3.1 Preconditions for carriage
For each order, a quote must be produced in advance by DPD and accepted by the Customer, or the Customer must issue a written order duly accepted by DPD. Once accepted by the Parties, the order will be treated as a contract of carriage (hereinafter the “Contract”).
The Customer must give the necessary instructions for the performance of DPD’s mission in a timely and accurate manner and DPD may not be held liable in the event that the Customer provides incorrect or incomplete information or documents or provides them late. Any special instructions for the delivery or pick-up must be notified in writing and repeated for each dispatch and must have been expressly accepted by DPD.
3.2 Information to be provided prior to the handover of parcels
Communication of the safety protocol(s) for the dispatch site(s)
The Customer undertakes to provide DPD with the safety protocol(s) in force at its dispatch site(s) by the first day of the provision of the Services, including the vehicle transit plan in accordance with the legal provisions (Article R.4515-4 et seq. of the French Employment Code (Code du Travail)).
Content and reliability of the EDI information previously communicated to DPD
DPD offers various labelling solutions. If the business relationship between DPD and the Customer involves electronic data interchanges ("EDI"), the Customer must ensure that its IT system is compatible with DPD’s IT system.
An IT equipment agreement will be entered into for any IT or labelling equipment loaned to the Customer.
The Customer undertakes to send DPD a file containing information on all the day’s dispatches, via EDI each day before the pickup.
This file must include the following details:
the number of parcels and the label number of each parcel handed over for each dispatch;
all of the information required under Article 3.5.
The Customer shall ensure that the EDI information supplied to DPD is reliable. If this information is not sufficiently reliable, the Customer undertakes to identify the technical causes of any such discrepancies and to remedy same. Failing this, DPD shall be entitled to cease performing the services and may, where applicable, terminate the contract without notice or prior formal notice to comply.
Notification of an exceptional number of parcels
DPD will arrange the transport service and calculate the price, based primarily on the frequency, weight, number and volume of parcels that the Customer commits to send.
In the exceptional event that a large number of parcels are to be handed over, the Customer undertakes to inform DPD as soon as possible, allowing DPD to implement the necessary human and material resources to maintain its quality of service and to supply, where applicable, an appropriate pricing proposal.
In the event of there being no parcel handover, or significantly fewer handovers than the quantity to which the Customer has committed, the Customer undertakes to inform DPD no less than 48 hours prior to the scheduled pick-up time. Failing this, DPD is entitled to invoice a fee for the pick-up based on the Customer’s volume commitment.
3.3 Weight and Dimensions
The parcels handed over must comply with the following Standards:
For national road haulage
Circumference + height must not exceed 3 meters, it being stipulated that no dimension may exceed 2 meters.
The maximum authorized unit weight is thirty (30) kilograms.
For European and international road haulage or carriage by air
Circumference + height must not exceed 3 meters, it being stipulated that no dimension may exceed 1.75 meters.
The maximum authorized unit weight is thirty (30) kilograms.
When invoicing parcels carried by air, DPD will use either the volumetric weight (length in cm X height in cm X width in cm/5,000, i.e. 200kg/m3) or the actual weight, whichever is the heaviest.
Special provisions applicable to DPD Relais and DPD Retour solutions
Circumference + height must not exceed 2.5 meters, it being stipulated that no dimension may exceed 1 meter.
The maximum authorized unit weight is twenty (20) kilograms.
Without prejudice to the provisions of Article 3.9 below, a flat-rate fee will be charged for any parcel handed over to DPD that weighs more than 20 kilograms or more than 30 kilograms, according to the applicable standard, as set out in the pricing terms.
DPD may check the weight or volumetric weight of each parcel, using certified electronic weighing equipment. DPD may correct any errors in the weights notified by the Customer when the parcels were handed over. These corrections will be binding and taken into account when invoicing the Service.
The data relating to the weight or volumetric weight calculation will be recorded and made available to the Customer for a period of three (3) months. Any challenges to the confirmed weight made after this period will not be a valid claim.
3.4 Packing and Packaging
The Customer undertakes to prepare its dispatches in a secure room using trusted staff members and to ensure that the same measures are taken by its customer recipient.
The Customer shall be responsible for the packing of each parcel. The packing must be closed, resistant, adapted to the contents (in particular as regards shape, nature and weight) as well as to carriage requirements, it being understood that packing and/or wrapping consisting of wood or any type of metal is expressly excluded. It must be able to withstand repeated handling, jolts, pressure and impacts during transport, particularly those due to machine handling.
Parcels may be closed by any means deemed appropriate by the sender, with the exception of dangerous modes of closure liable to injure individuals and/or damage other objects and/or handling machines. However, the Customer must ensure that the means used to close the parcel will not obstruct the parcel sorting system (strings, straps, etc.).
The Customer must ensure that the items contained in each parcel are secured properly in order to ensure, in particular, that the items will not be squashed and are protected from each other.
In the event of multiple shipments, pallets with maximum weight of 500 kilograms (including pallets) shall be accepted for the purposes of pick-up subject to DPD’s prior written approval, and DPD will subsequently unbundle the parcels at the time of the first transfer.
Under no circumstances may parcels be bundled or strapped together.
If DPD deems that packing is unsuitable and presents a risk of personal injury or material damage, DPD may, at its discretion, either refuse to accept the pick-up or charge an additional flat-rate fee for repacking by DPD as set out in the price list, without prejudice to the application of the provisions of Article 3.9 below, in particular in the event of a proven insured event.
3.5 Marking and Labelling
The Customer undertakes to deliver labelled parcels to DPD. These labels, proposed by DPD or agreed in advance with DPD, must be affixed to a flat surface (the label or barcode must not be folded), with the barcode clearly visible and properly printed.
Labels developed by the Customer shall be checked by DPD prior to any initial parcel handover.
DPD may provide its technical support to help the Customer develop its labels, and/or supply it with blank labels on request.
In no circumstances may the Customer add, or allow the addition of, phrases on the label or parcel, or give any instructions to the carrier or the recipient, which are contrary to these terms and conditions or which are likely to disrupt the process of shipping or delivery of the parcel or adversely disparage, devalue and/or alter the image of the DPD brand or any other brand owned by DPD.
Mandatory information to be specified on labels
The Customer must mark all the information required by DPD on the parcel label, including the following:
the actual weight of the parcel;
the name of the sender and the address from which the parcel is sent;
the full name or company name of the recipient
the full exact postal address of the recipient (post code, customs country code, country and any information useful for delivery, such as the door code, telephone number, etc.), it being specified that DPD is unable to deliver parcels to PO boxes;
and where appropriate for the relevant product or service:
their Relais Pickup point number and address;
the options selected for each parcel;
the recipient’s mobile telephone number and email address, to allow DPD to inform the recipient that the parcel is ready for collection.
The Customer is fully liable for the information it marks on the dispatches.
3.6 Abnormal or non-conveyable parcels
If the weight, size, packing, packaging, marking and/or labelling of a parcel does not meet the requirements set out herein and/or if the parcel cannot be sorted using DPD’s automated sorting line, DPD will either charge a flat-rate fee (as set in the pricing annex) or refuse to ship the parcel, at its own discretion.
3.7 Contents - Type of goods - Excluded Goods
As a general rule, the Customer undertakes to hand over goods to DPD that comply with all national, European and international laws and regulations. Accordingly, the Customer shall indemnify and hold DPD harmless from and against any claims against the latter for a breach of laws or regulations.
The Customer undertakes not to dispatch, and not to require its customer recipients to dispatch, goods which, due to their type or packing, are liable to cause any damage to individuals, equipment or other objects, and in particular any goods or items which it is prohibited to import or transport, including but not limited to the following:
Jewelry, watchmaking pieces consisting or partly consisting of precious metals, pearls, precious and semi-precious stones, gold and silverware, coins, gold, silver, platinum and other precious metals in ingots, in coins, in scraps or in powder, in the form of cyanide or residue or any other mineral form, banknotes, currency, shares, bonds, share coupons, and more generally any security or paper allowing fungible payments to be made, securities and valuables of all types, including luncheon vouchers and gift vouchers, coins in any condition;
Fur, fine art objects, sculptures or painted works, antiques, paintings, curiosities, collector’s items, documents, or samples, whose market or contractual value differs significantly from their intrinsic value;
Perishable goods that must be transported at controlled temperature, seedlings and plants, flowers and other plant materials, infectious and non-infectious perishable biological material, live or dead animals, perishable foodstuffs and products (food grade or non-food-grade), human bodies and/or body parts, funeral urns;
Goods classed as dangerous by conventions, laws or regulations in force, specifically including those falling within the ‘ADR’ (‘carriage of dangerous goods’) (French Order of June 1, 2001 as amended from time to time) and the ‘OACI-IATA’ criteria and regulations, and generally, any product that could cause serious harm to human health and/or the environment, any purulent product and any miscellaneous dangerous substances or items;
Hazardous and non-hazardous waste;
Weapons (including dismantled weapons or replicas), ammunition, military hardware or its equivalent, literature and material that is pornographic or in breach of public order;
Narcotics, psychoactive drugs, counterfeit goods, excise goods under suspension of duty;
Tobacco, alcohol, wine and spirits (except if transported with excise duty paid, in bottles packed in DPD Bouteilles packing or other packing explicitly approved by DPD).
Are also excluded:
Luggage and/or personal effects;
Answers to calls for tender or pre-qualifying files forming part of a tender award process;
Carriage-forward dispatches or any collect-on-delivery dispatches.
However, with the exception of parcels sent using the DPD Relais service, some goods, owing to their specific nature, may only be delivered by DPD if previously approved in writing by one of DPD’s duly authorized managers, such as:
health products subject to Best Distribution Practice and/or any other specific regulations.
exceptionally, a limited amount of certain types of goods treated as dangerous goods may be delivered by DPD.
The Customer should contact DPD for any such requests.
DPD may not be held liable in the event of changes in weather conditions or increases or decreases in the temperature, even if it has accepted the goods.
DPD disclaims all liability in the event of the loss or theft of the goods referred to in this Article or any damage thereto, subject to any special prior agreement expressly entered into between the Parties.
DPD reserves the right to inspect the contents of any dispatch and in such a case, the Customer will not be entitled to claim any compensation whatsoever in this respect.
The Customer is informed that its parcels may be screened using an X-ray scanning machine.
3.8 Customs formalities (outside the EU)
For parcels to be delivered outside the EU, and unless specifically agreed otherwise between the Parties, DPD will only accept DAP or e-DAP deliveries (Incoterm 2011 - goods made ready for unloading by the buyer in the country and at the place named in the contract - unloading, customs clearance and import paid by the Customer). No parcels may be sent under the temporary exports procedure.
The Customer is solely liable for any products that cannot be imported into the relevant destination countries. As DPD acts under a direct power of representation, the Customer also remains solely liable for communicating to DPD the documents necessary for the proper completion of customs formalities in accordance with the applicable regulations.
The Customer will solely bear all financial consequences arising from incorrect, incomplete or inapplicable declarations or documents or any declarations or documents supplied late, or from any breach of the provisions of the French General Tax Code that could result in additional duties or taxes or fines being levied on DPD by the relevant administrative authority. If the Customer fails to supply the documents, supplies them late or supplies invalid documents, DPD will be entitled to claim compensation from the Customer for any loss sustained in this respect.
The Customer shall indemnify and hold DPD harmless from and against any costs, duties and taxes that should have been paid by the recipient and is jointly and severally liable therefor with the recipient.
Parcels requiring processing for export control purposes, particularly with regard to applicable regulations concerning embargoes and/or trade sanctions, shall be subject to additional invoicing according to the rates in force.
3.9 Common provisions
DPD taking charge of a dispatch does not constitute any guarantee as to the robustness or appropriateness of the packaging or packing or its suitability for the content, of which DPD is unaware. DPD may not be held liable for any absent, inadequate or defective packaging, packing and/or labelling of the parcels or goods.
Repackaging of the parcel may be subject to an additional flat-rate charge as set forth in the pricing annex.
The Customer undertakes to inform DPD of any non-visible particularities of the goods if this is liable to have any impact on the transport operations.
The Customer shall retain sole liability for any damage that may be caused to third parties and/or DPD and/or its agents and/or its substitute carriers by packing and/or its contents.
The parcels and goods handed over to DPD by the Customer and their packing must not pose any danger to the employees, premises, equipment, machines and vehicles used by DPD or its subcontractors. Accordingly, the Customer shall compensate any third party and DPD, its agents and/or its substitute carriers for any direct and/or indirect financial loss, material and/or non-material damage, physical and/or non-physical injury, caused by the relevant parcels, goods and packing. The Customer shall indemnify and hold DPD harmless, without any limitation, from and against all consequences and all claims that may arise in this respect.
In the event that the Customer fails to abide by these terms of acceptance, its parcels will be transported at its own risk and DPD may in no circumstances be held liable for loss or damage and shall therefore pay no compensation in any respect whatsoever.
DPD may refuse or suspend the transport of any parcel which, in its estimation, is not suitable for transport, is liable to be in breach of legislation in force or to represent a risk to persons involved in transport, the integrity of other dispatches and/or equipment.
The Customer shall be liable for all costs incurred by any such suspension of transport and any damage caused by such parcel. Furthermore, dangerous parcels may, at any time and in any place, be destroyed or rendered harmless by DPD, with all costs borne by the Customer and no compensation due.
ARTICLE 4. PROVISION OF THE SERVICES
4.1 Ways and means used
In its capacity as the freight forwarder, DPD is free to choose the necessary ways and means to be used for the carriage of the parcels.
The intermediaries and subcontractors selected by DPD are deemed to have been approved by the Customer, unless expressly stated otherwise by the Customer with reasons.
4.2 Handover – Pick-up
The parcels will be picked up at the address or addresses stated in the Contract for the collection of the goods or if the DPD Retour option is used, at the Relais Pickup point named by the customer recipient. If the parcels are to be picked up at a different location, DPD reserves the right to invoice additional costs for this extra service.
For dispatches weighing three (3) or more metric tons, the sender will carry out and be liable for the loading, securing and stowage of the goods. DPD will check that the loading, securing and stowage of the goods do not undermine road safety. If they do, DPD may require the goods to be loaded, secured and stowed again or refuse to accept the goods.
If a higher volume of goods than usual is shipped, DPD reserves the right to invoice additional costs for this shipment. Likewise, if the Customer has requested daily pick-ups, a fee may be charged if there are no parcels to collect.
Parcels are deemed to have been handed over as of the first barcode scan by DPD logged/registered in its information system.
Parcel handover events, as supplied by DPD, shall form the basis of invoicing. Consequently, in the event of discrepancies between the parcels declared to have been handed over by the Customer (by EDI) and the parcels actually received by DPD, the invoice shall take into consideration only those parcels actually received by DPD.
In any event, the Customer hereby acknowledges and accepts that the scanning information (aka tracking information) supplied by DPD shall be binding on the Parties and take precedence over any information supplied by the Customer.
4.3 Delivery times
DPD shall use its best efforts to ensure that the parcels handed over to it are transported from the sender to the end recipient within 24/48 working hours (D +24h-48h) (working days only, Saturdays, Sundays and public holidays are not included in the delivery times), in accordance with the transport plan defined when the Contract was signed for national deliveries.
For Predict deliveries, available in metropolitan France, the delivery time will only start to run once the Customer has supplied the EDI information and will depend on the delivery dates and time slots proposed by DPD that are selected by the customer recipient.
One extra day may be needed for islands, destinations subject to traffic constraints or restrictions (pedestrian areas, port areas, markets etc.), high mountainous areas (list supplied on request) and for areas affected by special constraints.
Delivery times are generally one (1) to six (6) working days (D+1 to 6) (excluding the time taken to clear customs and/or for export controls) for foreign countries delivered by road and 2 to 8 working days (excluding the time taken to clear customs and/or for export controls) for foreign countries delivered by air, depending on the destination. Accordingly, any departure and arrival dates that may be given by DPD are approximate only.
4.4 Delivery - Acceptance
Delivery means the physical handing over of the parcel to:
professional recipients: within the store;
individual recipients: at the door of the house (on the floor of a building).
Delivery is made to the recipient named on the transport document or, upon special instruction given to DPD, to the third party designated by the recipient acting in its name and on its behalf, upon signature of the recipient or the authorized third party on the transport document or via the communication of a PIN code. The recipient or third party must be of legal age.
In the event that a delivery cannot be made, the terms and conditions for keeping the delivery are as follows:
if the recipient is absent, an attempted delivery card will be left containing the information needed to collect the parcel. The parcel will be retained for five (5) working days at the offices of the delivery agency stated in the attempted delivery card, before being returned to sender. if there is no information – or wrong information - concerning the door code, the parcel is kept five (5) working days pending information by the sender.
If the address is incorrect or the parcel is refused, DPD undertakes to inform the Customer and the Customer will need to give new instructions as swiftly as possible. The parcel will be retained at the offices of the delivery agency notified to the Customer for five (5) working days, before being returned to sender.
during holidays, DPD Classic parcels are kept for a maximum of ten (10) working days.
Recipients who collect goods from the DPD delivery company must prove their identity and provide the PIN code transmitted by DPD if they are an individual. If the collection is made by a third party not mentioned on the transport document, the third party must present a valid power of attorney, the recipient's identity document (or a Kbis (corporate registration certificate) of the recipient that is less than three (3) months old in the case of a legal entity) as well as its own identity document as well as provide the PIN code transmitted by DPD if the third party is an individual.
On request, the parcel may be redelivered to the recipient’s address or, if selected by the Customer as a paid-for option, to the Relais Pickup point named by the recipient.
If delivery is prevented for any other reason, and subject to the reason for the non-delivery, the parcel will be returned to the offices of the DPD delivery agency. It will be redelivered the next day or on another date notified by the sender or the recipient.
If after suspending the delivery of a parcel or a dispatch in accordance with these terms and conditions, DPD is unable to obtain instructions from the Customer on the subsequent arrangements for the parcels or dispatch, DPD will take all action and/or issue all proceedings for the destruction or sale of the parcel or dispatch, other than for goods transported under the DPD Médical product only. The proceeds of such a sale will first be used to pay all costs, fees and charges (including interest) incurred as a result of the parcel or dispatch or to identify the sender or any other person entitled to the goods or owed by the relevant sender. The one-year limitation period set out in Article 10 hereof applies for all consequences arising from the non-receipt of the parcel.
The Customer will be invoiced separately for any transport operations carried out following circumstances preventing delivery.
Special provisions applicable to Relais Pickup and Predict deliveries
If the recipient is absent at the time of the agreed delivery date, the parcel may be returned to the delivering agency or deposited in a Pickup Relay (Relais Pickup). close to the place of delivery designated on the transport document if the sender has not waived this solution and if the parcel complies with the standards set out in Article 3.3. The recipient shall be notified thereof by email and/or text message.
On the day on which their parcel arrives at the Relais Pickup point, recipients will be informed by text message and/or email as selected by the Customer.
The parcel will remain at the Relais Pickup point for nine (9) calendar days from the day following its arrival. If the recipient fails to collect it within this period, it will automatically be returned to sender and invoiced as per the parcel weight as weighed on its return.
The Customer shall inform the recipient that an identity document and/or the PIN code transmitted by DPD to the recipient shall be required in addition to the parcel number when collecting the parcel from the Pickup Relay (Relais Pickup). If the parcel is picked up by a third party who is not named in the waybill, such person must present a valid power of attorney along with the recipient’s identity papers (or the recipient’s certificate of registration (Kbis) issued within the last three (3) months if the recipient is a legal entity) and his/her own identity papers and/or the PIN code.
To allow recipients to track parcels, the Customer shall inform the recipient that the information regarding receipt of the parcel by the recipient, in particular his/her signature (or PIN code) on the PDA, may be consulted on www.dpd.fr. The Customer shall take responsibility for dealing with any action by the recipient in this respect.
At the time of delivery, any damage to or theft of the goods must be reported in the form of written, accurate, comprehensive and quantified reservations by the recipient, recorded on the delivery slip and dated and signed by the recipient. Failing this, the goods will be deemed to have been delivered in good condition.
The Parties expressly agree that a digital signature affixed by the recipient on the computerized tracking terminal (PDA) which DPD may present at the time the goods are delivered or that the Pickup Relay (Relais Pickup) may present at the time the parcel is collected, or any other indisputable means of secure identification (PIN code or any other solution implemented by DPD France), shall have the same legal value as a traditional signature on paper.
This provision in no way releases the Customer from its responsibilities in this respect: the latter undertakes to inform its recipient in writing that his/her personal information and signature, in addition to any reproduction of the signature, shall constitute proof of delivery of the parcels in question.
ARTICLE 5. LIABILITY
DPD is liable to the Customer for the custody and storage (quantity and external quality) of the parcels and goods handed over to it within the limits set out below.
DPD is liable for the parcel from the moment it is picked up (meaning from the first scan logged/registered in its information system) until it is handed over to the end/final recipient.
5.1 Loss, damage in transit
DPD will be liable for any loss, partial loss, damage in transit or material damage during the carriage of the parcels causing the total or partial destruction of the parcels and goods handed over and for any consequences that may arise therefrom. If established, DPD and its insurers will be liable for the value of the goods at the place and at the time of the handover to DPD, capped at the following amounts which vary in line with the delivery solution selected:
For dispatches of less than 3 metric tons, the compensation is capped at a maximum amount of € 33 per kilogram of gross weight of the missing or damaged goods for each item forming part of the dispatch, with an overall limit, regardless of the weight, type or size, of €1,000 for each lost, incomplete or damaged parcel (or freight unit) for the products covered by these General Terms and Conditions, with the exception of DPD Relais and DPD Retour products, for which the compensation is capped at € 660 for each lost, incomplete or damaged parcel (or freight unit).
DPD reserves the right to terminate the Contract or to limit the amount of compensation for damaged goods if such damage is recurrent and the Customer has not opted for more suitable packing and cushioning one (1) month after formal notice has been served by DPD.
For dispatches of 3 metric tons or more, the compensation is capped at a maximum amount of € 20 per kilogram of gross weight of the missing or damaged goods for each item forming part of the dispatch, with an overall limit for each lost, incomplete or damaged dispatch, regardless of the weight, type or size, set at the gross weight expressed in metric tons multiplied by € 3,200.
For all other damage, including late deliveries, DPD’s liability is limited to the price of the service, capped at € 7,500.00 per dispatch.
For the purposes hereof, “dispatch” means the set of packed goods (boxes, containers, pallets etc.) handed over to DPD at one and the same place, for the same recipient, covered by one single waybill.
For the purposes hereof, “parcel” means an item or a parcel composed of several items, regardless of the weight, size or volume, packed by the sender before handover, constituting one freight unit when handed over to DPD, even if details of the contents are stated on the accompanying document.
For the purposes hereof, “goods” means the contents of a parcel.
For the purposes hereof, “loss” means, whether referring to a partial loss (one or more parcels per dispatch) or a total loss (contents of a parcel), any goods that have not been delivered within thirty (30) days following the end of the delivery time defined in Article 4.3 above.
The Customer hereby waives and will procure that its insurers waive all rights of recourse against DPD and its insurers and any right to claim compensation in excess of the limits set out above, even if it can prove the existence of the loss sustained and even if the value of the parcels and goods handed over by the Customer is higher than the limits set out above.
DPD is only accountable for direct material damage caused by it to the goods during the carriage of the goods, corresponding to the original value of the goods, the cost of repairs or the costs directly incurred to restore documents within the limits of the above-mentioned liability caps.
In no event may DPD’s liability be extended to making good any indirect damage whether material or non-pecuniary, arising from the loss of and/or damage to a parcel. In this respect, the Parties agree that “indirect damage” includes, without limitation: lost profits, operating losses, lost markets, lost orders and any other commercial losses or any action issued against the Customer by a third party.
In the event that the disputed parcel contains written checks or bank cards, DPD’s liability shall be incurred solely for the direct costs of reproducing the said checks or cards contained in the dispatch, within the limits specified above. In no event may DPD be held liable for the face value of written checks contained in dispatches, cash losses relating to a loss or delay during transport, the consequences of checks being rejected due to late presentation, or unlawful use of contents.
DPD shall be released from all liability in the event of loss or damage arising from any of the following:
- packaging, packing, marking or labelling which is absent, inadequate or defective;
- the inherent nature of the transported goods;
- a wrongful act, omission or failure by the Customer, the sender or the recipient, including, but not limited to:
a false or incomplete declaration relating to the characteristics of the dispatch,
a failure to declare or inadequate declaration concealing the dangerous or fraudulent nature of the goods handed over,
packaging, packing, marking or labelling which is absent, inadequate or defective,
the fact that the place of delivery named by the Customer is no longer accessible using the carrier’s vehicles.
The foregoing is without prejudice to any damages that DPD may be entitled to claim in this respect.
circumstances that DPD could not avoid and consequences which it could not forestall, including but not limited to force majeure events such as: natural disasters, flooding, explosions, unrest or riots, civil uprisings, strikes, military occupation, hostilities, civil or international wars, requisitions, muggings, arson, state of emergency.
5.2 Late deliveries
A delivery will be treated as late if the times set out herein or agreed between the Parties are not met and the Customer has given DPD formal notice to deliver the dispatch. Complaints should be issued in accordance with Article 5.3 below.
5.3 Complaints/claims, compensation procedures and limitation period
Only one complaint may be lodged for each parcel and the settlement of the complaint will be treated as a full and final settlement for all losses / damage suffered connected to the complaint.
5.3.1. Reservations and details for complaints
In order to ensure that DPD France may continue be held liable, the recipient of the shipment must note the possible loss of goods and/or damage upon delivery by specifying precise, complete, quantified, dated and signed reservations on the paper delivery note or the electronic transport title on the computer terminal used by the driver or the Pickup Relay (Relais Pickup) depending on the product in question. Failing this, the Customer shall be responsible for proving that the loss and/or damage occurred during carriage.
In order to preserve the Customer's rights of recourse against DPD France,
For national deliveries, the recipient must confirm these reservations by informing DPD’s dedicated customer service department (the “Customer Service”), in the form of a properly supported complaint sent by registered post with acknowledgment of receipt in order to supplement the reservations expressed on delivery, specifying clearly and precisely the detailed nature and amount of the loss or damage, within no more than three (3) working days of delivery (not including Sundays and public holidays, following the date of receipt).
For international deliveries, only damage which is not visible (hidden damage) may be notified to DPD, within no more than seven (7) working days of the day after delivery for international road haulage operations and within fourteen (14) working days of the day after delivery for an intercontinental carriage of goods by air.
Failing this, the Customer shall not be entitled to make any claim against DPD.
5.3.2 Content and deadline for complaints covering a loss, partial loss or damage
All types of complaints will only be valid if they are issued within the statutory limitation period noted in Article 5.3.5 below and sent with the following items:
the name of the Customer (and its Customer code);
the parcel number;
the purchase invoice excluding taxes corresponding to the goods contained in the parcel in question;
a sworn statement as to the absence of insurance, or a reminder of the ad valorem insurance taken out where applicable;
in the event of disputed signature, a certificate confirming that the declarer is not in possession of the item.
and additionally, for damage and partial losses:
the reservations issued at the time of receipt,
a copy of the complaint notification with supporting grounds.
If no or insufficient reservations were issued when the goods were delivered, the Customer will be required to prove that the damage to or theft of the goods occurred in transit and is attributable to the carrier.
5.3.3 Content and deadline for late delivery complaints
for national road haulage operations: in order to be eligible for compensation, which may not, in any circumstances whatsoever, exceed the price paid for the transport (including duties, taxes and miscellaneous costs), the Customer must have given DPD formal notice to deliver the goods, must prove the loss caused by the late delivery and the direct link between the late delivery and the loss and for the claim to be valid, it must be issued within one year of the date of the actual delivery of the dispatch.
For international road haulage operations, all complaints must be issued within twenty-one (21) days of delivery.
For international carriages of goods by air, all complaints must be issued within twenty-one (21) days of delivery.
5.3.4 Compensation payments
Complaints may give rise to compensation, in accordance with the provisions of Articles 5.1 and 5.2, if the facts are found to be accurate and attributable to DPD, provided that (i) the price for transporting the parcel has been paid, (ii) all the documents required for the complaint to be processed have been supplied within three (3) months from the day after the dispatch date, and that all of these contractual provisions have been fulfilled.
For brand new goods, compensation is calculated on the basis of the amount, excluding taxes, of the original invoice for the lost/damaged goods, within the contractual limits of liability specified in Article 5.1.
‘Wear and tear’ rates shall be applied to dispatches of used equipment, even if ad valorem insurance has been taken out:
equipment less than one (1) year old: compensation equal to the purchase price excluding taxes
equipment more than one (1) year old: compensation equal to the purchase price excluding taxes less 20% per year, after the first anniversary of the purchase date all partial years will be treated as full years (starting with the second year).
5.3.5 Limitation period
The limitation periods for all legal actions for damage, losses or late deliveries against DPD are as follows:
For national and international road haulage operations, the limitation period is one (1) year as of the following date, as appropriate:
DPD Classic, Predict and Collection Request Services: the date on which the goods should have been delivered for a total loss and the date on which the goods were handed over to the recipient in all other cases.
DPD Relais Service: the date on which the parcel was made available at the Relais Pickup point or the date on which this event was supposed to occur.
DPD Retour Service: the date of delivery to the Customer or the date on which this event was supposed to occur.
For international carriages of goods by air, the limitation period is two (2) years, as of the arrival at the destination or the date on which the goods should have arrived or the end of the transport.
5.3.6 Referrals to the Consumer Ombudsman
If the Customer is not satisfied with DPD’s reply or if the Customer has still not received a reply two (2) months after the submission of its complaint to the Customer Service, claimant may refer the matter to the Ombudsman of the La Poste Group (the “La Poste Ombudsman”), either directly or through a third party (consumer rights association, lawyer, councillors, MPs, other mediators etc.).
The La Poste Ombudsman has authority to decide any complaint referred to him under this Article. No fee is payable for the mediation proceedings.
The La Poste Ombudsman will issue a reasoned opinion within two (2) months of the date on which the referral was registered with him, and this opinion is treated as a recommendation for the Parties. This period may be extended if the documents produced are insufficient, thus requiring additional directions. The referral to the La Poste Ombudsman suspends the limitation period provided for in Article 5.3.5, as of the date on which the case is opened, notified in a letter sent to the Parties acknowledging safe receipt. The limitation period will resume on the date on which the Ombudsman issues its opinion.
Referrals must be sent to: Médiateur du Groupe La Poste, 9 Rue du Colonel Pierre Avia - 75015 Paris - www.laposte.fr/mediateurdugroupe
ARTICLE 6. INSURANCE
6.1 Contractual professional civil liability and operations liability
DPD hereby declares that it has taken out an insurance policy covering its contractual and tort civil liability for all the activities and obligations contained within this contract, and undertakes to supply proof of same to the Customer on first demand.
6.2 Ad Valorem Insurance covering the transported goods
Through the intermediary of DPD, the Customer may take out Ad Valorem insurance for the financial consequences of the loss of or damage to the goods during transport, including in case of a force majeure event.
This cover will be granted provided that the damage was recorded or the loss established in accordance with the provisions of Article 5.1 above in order to prove that the insured event occurred during the transport and up to a limit of € 20,000 per parcel, subject to compliance with the terms of acceptance of dispatches set forth in Article 3 and to payment of the corresponding insurance premium.
This optional insurance covers only proven material damage with regards to the declared good and up to the limit of the amount declared, to the exclusion of any indirect loss and/or non-material damage and the consequences of a late delivery.
This insurance does not cover the following consequences:
a wrongful act, omission or failure by the Customer, sender or recipient,
packaging, packing, marking or labelling which is absent, inadequate or defective,
loss or damage originating in the inherent nature of the goods (inherent defect, desiccation, running, etc.)
act of terrorism, strikes, wars or damage arising from nuclear radiation and/or cybercrime.
ARTICLE 7. PRICING TERMS AND CONDITIONS
7.1 Price of the service
The price of the service is established for goods with a weight/volume ratio greater or equal to the following, depending on the product or service selected:
DPD Classic, DPD classic Europe, DPD Classic Intercontinental, Predict, DPD Médical, DPD Chéquier, Edition by DPD: 250 kilograms per cubic meter for road haulage operations and 200 kilograms per cubic meter for international carriages of goods by air and with a unit weight of 30 kilograms or less.
DPD Relais, DPD Retour: 150 kilograms per cubic meter.
Prices are calculated on the basis of the information provided by the Customer, taking into account in particular the services to be performed, the duration of the contract, the nature of the goods, the actual or volumetric weight (automatically rounded up to the nearest 100 grams to the next higher kilogram unit and according to the higher value between the two weights), the volume of goods to be transported, the routes to be taken and the destination area.
The price is specified per item, net of any discounts.
Account charges are not included.
The prices and ancillary costs are established excluding taxes, and VAT at the rate in force on the invoice date will be added.
7.2 Changes to prices
Annual review of the Contract
The price of the services may be adjusted each year, by mutual agreement, effective from the first day of January. If the Parties fail to reach an agreement within one (1) month of this date, the Parties will terminate the Contract, subject to the prior notice period provided for in Article 9.1 below, it being specified that the prices in force on the day before the negotiations will continue to apply.
7.2.2 Adjustment part way through a year
Amendment to the initial contractual conditions
Pricing negotiations will be conducted for any event that may occur, potentially altering for more than two months the initial economic viability of the business relationship between DPD and its Customer. If they fail to reach an agreement within this period, DPD may suspend its services until a final agreement is reached with the Customer.
Changes to factors beyond the control of DPD or the Customer
If costs relating to the general circumstances of business in respect of factors beyond the control of DPD or the Customer, in particular the price of fuel, change in such a way as to adversely affect DPD during any given financial year, DPD reserves the right to revise its pricing conditions (Article 18 of the pro forma contract - French Decree No. 2017-461 of March 31, 2017, and Article 38 of French Act No. 2008-776 of August 4, 2008).
Any person failing to fulfil the obligation to adjust the price of the service to reflect changes in the benchmark fuel index stated in the pricing terms and conditions may be prosecuted.
ARTICLE 8. PAYMENT PROCEDURES
8.1 Settlement procedures
With the exception of prepaid products, DPD’s services are payable cash, on receipt of the invoice, without any discount, at the place of issue.
If deferred payment terms are granted, they may not in any circumstances exceed thirty (30) days after the invoice date, pursuant to Article L.441-11 of the French Commercial Code (Code de Commerce).
Payments will be made by direct debit, unless otherwise specifically agreed. DPD does not accept bills of exchange or promissory notes.
The Customer undertakes to supply DPD with any documentation or proof liable to facilitate invoicing and the checking of dispatches.
The service shall be invoiced monthly on the basis of the items handed over and the prices applicable for the Customer.
If the Customer wishes to alter the items required for drawing up its invoice, it undertakes to request this from DPD in writing before the 20th day of the month in question for the next invoicing. Beyond this date, no changes may be taken into account for the month in progress.
In the event of any disagreement as to part of an invoice, the Customer undertakes to pay the entire amount stated on the invoice without delay and to provide details to DPD, promptly and in writing, of the grounds of its dispute. In no circumstances may loss or damage entitle the Customer to suspend payments owed to DPD, whether wholly or in part. Unilateral offsetting of the amount of alleged damage against the price of services owed is prohibited. The Parties agree that their reciprocal debts and financial claims arising from the performance hereof may not be offset at the sole initiative of a party.
8.3 Payment default
Pursuant to Article L.441-10 of the French Commercial Code, any sum remaining outstanding on the due date shall, as of right and without prior notice, accrue interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, subject to a minimum of three times the statutory interest rate, plus a fixed debt collection fee of forty (40) euros.
Furthermore, notwithstanding the foregoing and without prejudice to any action, the Customer shall be liable for a penalty clause payment equal to 10% of the sums remaining due; advance payments shall be permanently acquired by DPD.
In the event of failure to observe any agreed due date, all invoices not yet due shall become so as a result, as of right, including any that have been the subject of bills of exchange; in this event, any special terms and conditions that may have been granted shall automatically lapse as a result. Furthermore, in any such event DPD shall be entitled to require cash payment of all sums owed or falling due as a result, before performing any further transport services.
Any deterioration in the Customer’s solvency and/or any payment default may constitute grounds for guarantees being required, or for payment by certified check prior to any new dispatch being taken on by DPD, and more generally, for a review of the terms and conditions of payment.
8.5 Termination on the grounds of non- payment
In the event of enduring partial or total non-payment, in addition to suspending the performance of transport services underway and applying the measures and actions specified in the event of payment defaults, DPD shall be entitled to terminate immediately the contract after formal notice sent to the Customer by registered post with acknowledgement of receipt to which there has been no appropriate response within a period of eight (8) working days from its receipt or the date on which it is first presented.
8.6 Possessory lien - Direct action
Regardless of the capacity in which DPD is involved, and pursuant to Articles L.132-2 and L.133-7 of the French Commercial Code, the Customer is informed and acknowledges that DPD has a possessory lien, constituting a floating and permanent right to retain and be paid in preference covering all goods, valuables and documents in DPD’s possession, as security for all debts (invoices, interest, costs incurred, etc.) owed to DPD by the Customer, including those that arose prior to the operations carried out in respect of the goods, valuables and documents actually held by DPD and those unrelated thereto.
If the Customer defaults, DPD reserves the right to implement the direct action for payment set out in Article L.132-8 of the French Commercial Code against the recipient or the sender, even if they reside or are established abroad.
The exercise by DPD of its privilege or direct action does not preclude it from continuing to seek payment of all accessory sums, including late payment interest and penalty damages.
ARTICLE 9. DURATION AND TERMINATION
If the Parties agree to establish the business relationship for a fixed term, they will formally record their agreement on the length of this term and the termination arrangements in the form of special terms and conditions signed by the Parties.
If the Parties enter into a business relationship for an unlimited term, under these General Terms and Conditions and/or a related contract, either Party may terminate this relationship at any time, by registered letter with acknowledgement of receipt giving one month’s prior notice if the Parties’ business relationship has been established for less than six months or giving two months’ prior notice if the Parties’ business relationship has been established for more than six months but less than one year. If their relationship has been established for more than one year, four months’ prior notice is required.
During the notice period, the Parties undertake to perform the contract subject to the same terms and conditions as before:
- the Customer undertakes to continue to provide a quantity of parcel handovers identical to that in the three months prior to termination, and more generally, to observe the economy of the contract;
- DPD undertakes to provide the same level of service.
9.2 Termination due to default
If it can be shown that a party is in serious or repeated breach of its undertakings and its obligations, the other party shall send it formal notice by registered letter with acknowledgement of receipt setting out the grounds for the notice. If the defaulting party fails to comply with the formal notice within one (1) calendar month, during which time the Parties may endeavour to negotiate a settlement, following which the contract may be effectively terminated, without prior notice or compensation, by registered letter with acknowledgment of receipt formally recording the unsuccessful negotiations.
ARTICLE 10. LIMITATION PERIOD
In addition to the application of the provisions of Article 5.3.4, a limitation period of one (1) year will apply for any claims that may arise from the Parties’ business relationship, commencing on the date of performance of the service in question, or, for duties and taxes levied thereafter, on the date of notice of the tax adjustment.
ARTICLE 11. CSR - SUSTAINABLE DEVELOPMENT
DPD's Corporate Social Responsibility ("CSR") policy is available and can be viewed at www.dpd.fr.
Pursuant to the provisions of Article L.1431-3 of the French Transport Code, DPD shall provide the Customer with information on the amount of carbon emissions generated by the method(s) of transport used to carry the parcels handed over to it.
Moreover, DPD implements a program designed to offset its carbon footprint (CO2) generated from its parcel collection, sorting and delivery operations entrusted to it by the Customer, using an approved independent body. No financial compensation whatsoever will be paid to the Customer if the Customer has already implemented its own carbon-offsetting program for the parcels delivered by DPD. This offsetting program applies for all parcels sent by the Customer, regardless of the destination or type of parcel, without any exceptions.
ARTICLE 12. INTELLECTUAL PROPERTY
All names used by DPD are protected as trademarks and/or design rights (models and/or designs) and the same applies for any other name and/or brand and/or design and/or model that may subsequently be used by DPD.
The Parties expressly agree that DPD’s brand and logos (and its derivative bands) will remain the exclusive property of DPD.
In no circumstances may the Customer use DPD’s brands, emblems, models or distinctive signs (and its derivative brands) or grant a third party, in any manner whatsoever, any right to use the foregoing on any medium whatsoever. The Customer may not use any names, visuals or marketing materials without first obtaining DPD’s express consent.
Where appropriate, the Customer undertakes, in all circumstances, to present the DPD Pickup network to its own customers separately from any other carrier network. In particular, it undertakes not to supply a list of Relais Pickup points that also includes other lists of points made available by carriers other than DPD with which the Customer may have a contractual link.
More generally, in no circumstances shall any advertising or communication on any medium carried out by the Customer disparage, devalue and/or alter the brand image of DPD or its derivative brands. The Parties undertake to confer on any planned communication to third parties (particularly the media).
ARTICLE 13. PROTECTION OF PERSONAL DATA
As part of the Services entrusted to it, DPD may be required to process Personal Data belonging to its customers (both senders and recipients).
It is agreed that DPD France is the data controller within the meaning of the regulation on the protection of Personal Data and the Customer is the data processor involved in implementing the processing on DPD's behalf.
The purpose of the Annex 1 to theses General Terms and Conditions named “Confidentiality and Protection of Personal Data” is to specify DPD France's obligations relating to the management of Personal Data it is likely to process and/or to which it is likely to have access during the performance of the Services entrusted to it by its Customers.
ARTICLE 14. NON-DISCLOSURE
Throughout the performance of the contract and after it lapses, irrespective of the grounds thereof, the Parties shall hold all the information exchanged with respect to this contract strictly confidential for a period of five (5) years thereafter.
The Parties shall impose the same obligation of non-disclosure on their agents and employees.
ARTICLE 15. ETHICS AND COMPLIANCE
The Parties agree to comply with all current and future ethics and compliance regulations, including those set forth in Annex 2 hereto.
For its part, DPD France is committed to following the ten principles of the United Nations global compact, relating to human rights, international labour standards, the environment and the fight against corruption. It undertakes to comply with and maintain adequate procedures to ensure compliance with all applicable laws and regulations in the fight against corruption. In this respect, DPD France represents and warrants that it has not and shall not give or offer, either directly or indirectly, a sum of money or any other benefit of a pecuniary or non-pecuniary nature to any person, and particularly to any person in a position of public authority, with the aim of influencing any act or decision, in particular for the purpose of obtaining commercial advantages or business relations.
DPD has a business ethics program including a Code of Business Conduct and a DPD group Responsible Purchasing Charter, which it is committed to following.
ARTICLE 16. NON-TRANSFERABILITY - CHANGES TO THE PARTIES
The contract is concluded on an intuitu personae basis.
Consequently, the rights and obligations arising from the contract may not be assigned or transferred by either party to any third party or to any company belonging to the same group without this party having previously informed the other party in writing.
If the latter is opposed to any such transfer, it may terminate the contract pursuant to Article 9 of these terms and conditions.
Each of the Parties undertakes to inform the other immediately in the event of any legal, financial, or other change in its circumstances liable to have an impact on the Contract.
In waiver of the intuitu personae nature of this contract, the intermediaries and subcontractors selected by DPD are deemed to have been approved by the Customer.
ARTICLE 17. GENERAL PROVISIONS
In issuing an instruction to dispatch, the Customer shall be deemed to have accepted these terms and conditions without any reservations whatsoever.
These General Terms and Conditions and their Annexes shall form a non-divisible whole representing the entire agreement between the Parties.
If any of the provisions of these General Terms and Conditions and/or the Annexes hereto are held to be null and void or unwritten, all the other provisions shall continue to apply.
If DPD does not enforce, at any given time, any provision of these General Terms and Conditions and/or the Annexes hereto, this may not be construed as a waiver of its right to enforce one of the said provisions at a later date.
The Customer represents that it has read and accepted these General Terms and Conditions of Sale, governing the contractual relationship between DPD and its Customer, subject to any special terms and conditions expressly accepted in writing by the Customer and DPD.
If those special terms and conditions conflict with these General Terms and Conditions, the special terms and conditions will prevail.
These General Terms and Conditions prevail over all prior provisions and apply irrespective of the legal capacity in which DPD is involved, as a freight forwarder, carrier, forwarding agent or custodian etc.
If these General Terms and Conditions conflict with the Customer’s General Terms and Conditions of purchase, the Customer expressly represents that the conflicting provisions will not cancel each other out and represents that it waives the right to enforce its own terms and conditions and accepts those of DPD.
Likewise, these General Terms and Conditions may not be amended by conflicting terms and conditions set out in the Customer’s purchase orders.
ARTICLE 18. ALTERATIONS
DPD may alter these General Terms and Conditions at any time to reflect changes in the legal or factual circumstances, primarily those relating to the cost, the operation of services, the object processing techniques or the legal and/or regulatory requirements, or in the event of any exceptional events and/or changes to the legal and/or economic environment liable to alter the economy of this contract in a significant manner.
In such a case, the altered General Terms and Conditions of Sale will apply and will supersede this version, as of the effective date stated in the header of such altered General Terms and Conditions of Sale. In addition, DPD encourages the Customer to review the current Terms and Conditions of Sale on its website www.dpd.fr. Said changes shall not give rise to any compensation on any medium whatsoever.
ARTICLE 19. DISPUTES
These General Terms and Conditions of Sale are governed by French law.
In the absence of an out-of-court settlement within a reasonable period of time, any dispute arising between the parties concerning their contractual relations, their termination, the construction of these terms and conditions, or the performance of these terms and conditions shall be submitted to the PARIS Commercial Court (Tribunal de commerce), even in the event of multiple defendants or introduction of third parties.
The Annexes listed below form an integral part of these DPD France General Terms and Conditions of Sale:
Annex 1 - Confidentiality and protection of personal data
Annex 2 - Regulations and Compliance Commitments
Pursuant to Article 13 (Protection of Personal Data) of these General Terms and Conditions of Sale, and in order to ensure a high level of protection for the Personal Data and processing that complies with the purpose of the Contract and French and European legislation, DPD France undertakes to comply with this document.
ARTICLE 1. DEFINITIONS
In this document, terms that begin with a capital letter have the meaning given to them below.
“Customer” has the same meaning as in the DPD France General Terms and Conditions of Sale (CGV)
“Contract” means the Contract of Carriage signed between DPD and the Customer
"Personal Data” means the personal data transmitted by the Customer to DPD and enabling individuals to be identified directly or indirectly.
“Data Protection Officer” or “DPO”: DPD’s DPO is La Poste’s DPO, whose postal address is CP C703, 9 rue du Colonel Pierre Avia 75015 Paris, and whose email address is: [email protected]
“Data Subjects” means the customers, whether senders or recipients, whose Personal Data is processed by the Data Controller.
“Data Controller” means the legal person that, alone or jointly with others, determines the purposes and means of the processing; within the framework of the Contract, the Data Controller is DPD.
“Data Processor” means the legal person that processes the Personal Data on behalf of the Data Controller; within the framework of the Contract, the Data Processor is the Customer.
"Processing of Personal Data" means any operation or set of operations applied to Personal Data.
ARTICLE 2. PURPOSE
The purpose of this Annex is to determine under which conditions DPD acts in its capacity as the Data Controller and the Customer acts in its capacity as the Data Processor.
It is expressly agreed that DPD, as the Data Controller, is solely responsible for informing the Data Subjects about the processing operations covered by this Annex.
ARTICLE 3. REFERENCE FRAMEWORK
The reference framework for this document consists of the following legislative and regulatory texts:
until 25 May 2018, French Law No. 78-17 of 6 January 1978 on data processing, data files, and individual liberties, and Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
from 25 May 2018 onwards, French Law No. 78-17 of 6 January 1978 on data processing, data files, and individual liberties, amended where applicable, as well as Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC;
in any event and where applicable, the local laws likely to affect and apply to Personal Data, depending on the location where the Personal Data is hosted, with it being specified that if, within the framework of the Contract, local laws other than French laws are applicable, DPD France shall provide the Customer with a full description of the provisions they contain as well as the impacts on the performance of the services described in the Contract, in particular concerning the conditions of access to the Personal Data;
texts and decisions from independent administrative authorities, in particular those of the CNIL (French Data Protection Authority).
ARTICLE 4. DESCRIPTION OF PROCESSING BY DPD
Under the terms of the Contract, DPD is the Data Controller of the Personal Data entrusted by the Customer for the following purposes:
performance of the transport service, including tracking parcels, sending delivery notifications to recipients and managing delivery preferences,
implementation and control of customs formalities and embargo control,
sending DPD’s shipper Customers exclusively offers for similar products and services, and unless explicitly refused, newsletters, special offers and special emails in the context of customising the sales relationship,
to measure the level of satisfaction of Customers and recipients and improve DPD's offers and services through satisfaction surveys (by email) carried out by renowned external research institutes.
The recipients of the Personal Data collected are DPD, La Poste and its subsidiaries as well as its service providers and subcontractors located in the European Union or in a "third country ensuring an adequate level of protection" according to the European Commission, involved in performing the above-mentioned services.
The retention periods for Personal Data are shown below, it being specified that such Personal Data is kept for periods depending on the purpose and that said retention may not exceed the statutory periods.
Type of Personal Data
Role of DPD France
Customer relationship management and analysis of business activity
Customers and contacts (natural persons)
Name, first name, position, address, telephone number, email address, fax number, signature, billing information
Length of the business relationship + 5 years
Performance of the contract
Operations relating to the management and follow-up of the contract with the Customer, the customer file (concerning sales proposals, price lists) and invoicing.
History of the customer relationship and correspondence exchanges;
Elaboration of sales statistics.
Optimizing the commercial approach.
Claim and dispute management
3 years archived
(see CNIL definition)
Claims management / pre-litigation and litigation
Parcel delivery management
Delivery tracking and proof
Customer's customers (recipients)
Name, first name, postal address, telephone number, email address, signature, data necessary for delivery (door code, ...) if necessary.
13 months from the date of delivery (cf. Art. L. 133-6 French Commercial Code)
Collection/pick-up of parcels prepared by the Customer.
Transport to the delivery place indicated on the parcel and handover of the parcel to the recipient appearing on the parcel.
Delivery preference instructions issued by recipients
customers of the Customer and/or its agent (recipients)
Retrieval of data and/or delivery instructions issued by the Customer's customers.
Customer service: management of complaints
Customer's customers (recipients)
Management of any complaints from the Customer's customers within the framework of the outsourcing of its customer service in Madagascar
Embargo and trade sanctions
Compliance with international regulations and in particular embargo restrictions.
Customer and if necessary its employees /
Customer's customers (recipients)
Name, first name, postal address, country, comparison result
Comparing personal data with lists issued by national and supranational organizations and, if necessary, assessing the result in accordance with the required procedures
Listening to and one-off recording of telephone conversations
Improvement of service quality
Customers and, if applicable, their employees / customers of the Customer (recipients)
Name, first name, postal and email address, telephone number, recording of the conversation, time and duration of the call
- Reports of recordings: 1 year
- Recordings: 6 months
Use of recordings to improve service quality and train and evaluate customer service operators
Name, first name, postal and email address, telephone number, reviews and comments
6 months and archived for a maximum of 3 years unless consent is withdrawn
Use of opinions and comments to measure the level of satisfaction and improve service quality
Responding to various requests
Users of the chatbot via the website www.dpd.com/fr/fr
Name, first name, postal address, telephone number, e-mail address, data required for delivery (digicode, etc.), opinions, comments if any
Management of users' requests
ARTICLE 5. DPD'S OBLIGATIONS
In order to ensure the protection of Personal Data as well as the proper processing thereof, DPD France undertakes:
(i) to have an internal Personal Data protection policy;
(ii) to process the Personal Data entrusted to it or to which it has access in accordance with the reference framework defined in Article 3;
(iii) notify individuals of the processing of their personal data for the purpose of performing this contract.
As such, DPD guarantees that it shall:
ARTICLE 6. CUSTOMER'S OBLIGATIONS
In the context of the Contract, the Customer shall collect and transmit the Personal Data of its own customers to DPD for the performance of the transport services. The Customer therefore hereby undertakes to provide any and all information relating to the collection, transfer and processing of such Personal Data in accordance with Article 13 of the GDPR.
The Customer undertakes to notify its own customers who are the recipients of the transfers of Personal Data of the services described in Article 9 above. The terms and conditions governing processing are detailed in the Privacy and Data Protection Policy.
More generally, the Customer undertakes to comply with all applicable regulations concerning the protection of personal data, and in particular the obligations resulting from its status as a Processor.
ARTICLE 7. SECURITY OF PERSONAL DATA
DPD undertakes to guarantee the security, integrity and confidentiality of the Personal Data communicated by the sender and/or recipient and to process such data in accordance with the applicable regulations on the protection of personal data.
In particular, DPD undertakes to implement technical and organisational measures in line with best industry practice to ensure an appropriate level of security and confidentiality in view of the risks involved in the processing and the nature of the Personal Data processed.
DPD France undertakes, in the event of a change in the means of ensuring the security, integrity, and confidentiality of the Personal Data, to replace them by means of at least equivalent performance.
No change shall lead to a regression in the level of security.
ARTICLE 8. DISCLOSURE TO THIRD PARTIES
On no account may the Personal Data processed for the performance of the Contract be disclosed to third parties except in the instances provided for in the Contract or those provided for by legal and/or regulatory provisions.
ARTICLE 9. TRANSFER OF PERSONAL DATA
DPD France undertakes, for the entire term of the Contract, to ensure that the Personal Data is hosted in data centres located within the European Union.
DPD France prohibits any cross-border flow of Personal Data outside the territory of the European Union unless it has first obtained the Customer’s written consent.
The Customer acknowledges that it is aware of and authorizes the transfer of Personal Data outside the European Union (to Madagascar) by DPD France as part of the outsourcing of its customer service activity, it being specified that DPD France guarantees that an agreement shall be formally drawn up for the transfer of Personal Data outside the European Union as defined below.
In the event that DPD France is authorized in writing, expressly and prior to the transfer, by the Customer, to transfer the Personal Data outside the territory of the European Union, in particular in the context of the subcontracting of services entrusted to it by the Customer, and that said transfer is carried out to a country recognized as "not offering an adequate level of protection of Personal Data" by the European Commission, DPD France shall be required - prior to any transfer - to formally draw up an agreement for the transfer of Personal Data outside the European Union, signed by DPD France acting as the Customer's agent and "exporter of Personal Data" and its processor qualified as "importer of Personal Data" and to ensure that its processor scrupulously complies with the terms and obligations of said agreement, on the basis of the European Commission's Standard Contractual Clauses, or where applicable, those clauses adopted by a supervisory authority in accordance with the consistency control mechanism, and thereafter by the Commission.
Accordingly, the level of protection guaranteed within the European Union shall be guaranteed by DPD France and necessary measures to compensate for any insufficient level of Personal Data protection shall be taken.
ARTICLE 10. OUTSOURCING OF PERSONAL DATA PROCESSING
In accordance with the Contract, DPD France shall freely define the routes and means of transport and shall entrust the performance of the Services to one or more subcontractors, within the meaning of applicable personal data protection regulations, of its choice.
DPD France undertakes to impose on its subcontractor(s) the same obligations as those laid down in this Contract so that the confidentiality, security, and integrity of Personal Data are maintained.
ARTICLE 11. AUDIT
If the Customer so desires, it may carry out an audit directly or through any independent external subcontractor that is not a direct competitor of DPD France in order to ensure compliance with DPD France's obligations under personal data protection regulations.
The Parties agree that the Customer may carry out an audit only once a year and must carry out this audit during working hours, without the audit being able to disrupt the activities of DPD France. In this case, the Customer shall inform DPD France of any audit request, of the date of the audit as well as of the name and reference information of the individuals in charge of the audit at least one month beforehand.
However, except in the case of a proven and justified breach, DPD France may provide the results of a previous audit carried out by a third party within the same scope and within the past twelve months in lieu of the audit requested by the Customer. In this case, DPD France will be deemed to have fulfilled the Customer's right to audit.
DPD France may request that the date set by the Customer be postponed if (i) another audit is scheduled in its premises on the same dates or (ii) if the conduct of the audit could have a significant impact on its activities. In such a case, the Parties shall agree to a new date for carrying out the audit.
It is expressly agreed that only the Customer shall have the right to audit.
DPD France may refuse on legitimate grounds the individuals appointed to carry out the audit. In the event of any such refusal, the Parties shall meet to agree on the designation of the auditor. Any dispute shall be submitted to the competent courts of jurisdiction.
DPD France shall collaborate in good faith with the auditor and provide it with the information and documents strictly necessary for conducting the audit.
At the end of the audit, the Customer undertakes to provide the audit report to DPD France. DPD France acknowledges and agrees to abide by the conclusions of the auditor's report that will be sent to it by the Customer and to bear all the necessary consequences.
The audit shall be carried out at the Customer's sole expense.
ARTICLE 12. COMMUNICATION REGARDING SECURITY INCIDENTS
A security incident (“Incident”) is defined as a security breach resulting, accidentally or unlawfully, in the unauthorised destruction, loss, alteration of Personal Data transmitted, stored, or otherwise processed, in the unauthorised disclosure thereof to third parties or in the unauthorised access to such data.
DPD France undertakes to inform the Customer, and in particular the individual appointed as contact person, without undue delay, by telephone and email, and then to confirm in writing any Incident resulting, accidentally or unlawfully, in the loss, alteration, disclosure of the Personal Data being processed or in the unauthorised access to such data.
As soon as it is informed of an Incident, DPD France shall carry out all necessary investigations into breaches of the protection rules in order to rectify them as quickly as possible and to diminish the impact of such breaches for the data subjects.
DPD France undertakes to provide all useful information relating to the incident and to advise the Customer of its investigations.
ARTICLE 13. RIGHTS OF DATA SUBJECTS
In accordance with the GDPR, DPD France undertakes to allow the Customer and its customer recipients to exercise their rights, including:
right of access: extraction in a readable format of the information on the data subject DPD France is able to extract from a parcel number, in the context of its relationship with the Customer;
right to rectification or erasure, for which a certificate of completion may be requested;
right to data portability;
right to restrict processing.
DPD undertakes to process the request within the legal and regulatory deadlines.
In accordance with the reference framework defined in Article 3, it is agreed that the Customer may at any time exercise the above rights by sending a letter by registered mail with acknowledgement of receipt to the Service Juridique (Legal Department) at the registered office of DPD France SAS, 11-13 rue René Jacques 92130 Issy-les-Moulineaux, or by email at [email protected], specifying its or her surname, first name, and postal address, together with a copy of both sides of its or her ID document.
In case of difficulties related to the management of its or her Personal Data, the Customer is entitled to file a claim with the CNIL or any competent supervisory authority.
The Customer is hereby informed that the Data Protection Officer may be contacted at the following address: Madame la Déléguée à la Protection des Données du groupe La Poste (La Poste Data Protection Officer), CP C703, 9 rue du Colonel Pierre Avia 75015 Paris.
ARTICLE 12. ENTRY INTO FORCE AND DURATION
This Annex shall come into force on the date of application of the General Terms and Conditions of Sale of DPD France to which it is attached.
In accordance with Article 15 - "Ethics and Compliance" of these General Terms and Conditions of Sale, DPD France and the Customer undertake to comply with the regulations and to adhere to the commitments in terms of compliance, which are the subject of this Annex.
1. Declaration of compliance with social security and tax obligations
DPD France declares that it is in compliance with all of its tax and social security obligations and more specifically that:
And, in its capacity as a principal, DPD France declares that it meets its legal obligations in terms of the fight against illegal employment, in particular with regard to Articles L.8222-1 to L.8222-6 and D.8222-5 of the French Labor Code (formerly Article L.324-14) with respect to its subcontracted transport providers.
2. Fight against corruption and duty of care
The Parties undertake to observe the ten principles of the United Nations Global Compact, relating to human rights, international labour standards, the environment and the fight against corruption. They undertake to comply with and maintain adequate procedures to ensure compliance with all applicable regulations relating to anti-corruption and duty of care.
In this regard, Customer represents and warrants that it has always been and shall continue to remain in compliance with all applicable anti-corruption laws. In particular, the Customer represents and warrants that it has not and shall not give or offer to give, either directly or indirectly, any sum of money or any other benefit, be it of a pecuniary or non-pecuniary nature, to any person, and in particular to any person in a position of public authority, for the purpose of influencing any act or decision, and more specifically for the purposes of obtaining commercial advantages or business relations, in violation of applicable laws.
DPD has a business ethics program including a Code of Business Conduct and a DPD group Responsible Purchasing Charter, which it is committed to following.
3. Embargo and trade sanctions
The Parties are required by law to comply with trade embargoes and sanctions imposed by countries or internationally recognized organizations such as the United Nations, the European Union, the United States and/or any other national or international program.
In this regard, the Customer warrants that it shall not hand over parcels to DPD if the recipient or any third party involved in the shipment is subject to restrictive measures or placed under embargo by an international organization (UN, EU, US, etc.). In this regard, the Customer acknowledges on its own behalf and/or on behalf of any third-party shippers it may have designated, that it is not on the List of Specially Designated Nationals (SDN) issued by the US Treasury Office of Foreign Assets Control (OFAC), and that it shall not deliver to DPD, directly or through a third-party shipper it has designated, any parcels to persons on said list.
More generally, the Customer represents and warrants that neither it nor its employees, customers, suppliers or subcontractors are among the persons or entities identified on the SDN list.
In addition, the Customer has been advised and agrees that its personal data and, if applicable, the personal data of its customers that its processed or collected in the course of the performance of the Services may be uploaded to the monitoring tool developed by DPD group in order to check that its customers do not figure on the SDN list or any national or international list. In this regard, the Customer undertakes to notify its employees and/or customers of the collection, processing and use of data. The Customer undertakes to notify DPD if it is aware or suspects that its employees, customers, suppliers or subcontractors are in violation of any of the above regulations or are identified on the SDN list or a United Nations list or any other comparable national or international list.
Failure to comply with the provisions of this section shall be deemed a breach of these terms and conditions and DPD reserves the right, at its sole discretion, to:
check the contents of the parcel by any means at its disposal;
apply the procedure required by said competent authorities, including temporary storage and destruction of the parcel at the Customer’s expense;
return or hand over the parcel to the appropriate authorities;
transmit to the competent authorities any and all information that is required and apply any procedures said authorities may impose;
suspend the Services and/or terminate the Contract, without notice or compensation;
DPD shall not be held liable in any of the aforementioned cases.
Competition law is the body of legal rules designed to maintain effective competition in markets.
DPD has set up a competition compliance program which it is committed to following. The aim is to raise awareness of competition law among all relevant employees at all levels of the company, in order to prevent illegal practices and detect any violations.
In addition, each Party expressly acknowledges that "Sensitive Business Information", meaning any Confidential Information relating to business plans, prices, margins, and, more generally, any financial information, may not be exchanged in certain circumstances or under certain jurisdictions under Competition Law. Consequently, each Party undertakes to (i) examine in conjunction with the other Party, whenever necessary, the provisions of the Competition Law applicable to the context of their exchange of information, and (ii) if necessary, set out, prior to any disclosure, the terms and conditions governing the treatment of any Sensitive Business Information that may be disclosed, specifying in particular the restrictions on access to such information, taking into account the organizational structure that is specific to the Party receiving such information.
5. Whistleblower system
As part of DPD France's ongoing commitment to strengthen its ethical and compliance commitments, DPD France provides its employees and all its stakeholders with a whistleblowing mechanism to report any situation that is inappropriate or does not comply with the principles set forth herein or with the applicable laws and regulations.
The whistleblower system can be accessed at: [email protected].