General terms and conditions

GENERAL CONDITIONS

Nova Post DE GmbH dated 25.06.2024

1
GENERAL
1. 1.1
  These General Terms and Conditions (hereinafter referred to as the GTC) govern the provision of postal and forwarding services by Nova Post DE GmbH (hereinafter referred to as the Operator) with the legal address: Charlottenstr. 79-80, Berlin, 10117, registered in the Commercial Register of the city of Berlin under registration number HRB 252212 B.
2. 1.2
  By handing over the parcel to the Operator, the service receiver confirms that they have read and understood, and agreed with the GTC.
3. 1.3
  See the current version of the GTC on the Operator's website at https://novapost.com/en-de/more/offer.
4. 1.4
  Terms and definitions:
  1. 1.4.1
    Address is a reference to the place of delivery of the postal item indicated by the sender, or a reference to the place of its return to the sender, specified in the postal order;
  2. 1.4.2
    Recipient is a person indicated by the sender as the recipient of a postal item forwarded as part of the postal service;
  3. 1.4.3
    Postal services price list is the Operator's current price list for postal services and additional services that are not included in the GTC.
  4. 1.4.4
    Forwarding services price list is the Operator's price list for forwarding services that are not included in the GTC;
  5. 1.4.5
    Business days are days from Monday to Friday, excluding Saturdays, Sundays and holidays;
  6. 1.4.6
    Address label is a label with address data of the recipient, created by the customer when ordering the postal service and intended for shipment;
  7. 1.4.7
    Customer is a business customer or consumer;
  8. 1.4.8
    Business customer is an Operator’s customer who uses the services of the operator as part of their business activity;
  9. 1.4.9
    Consumer is an individual who uses the Operator’s services other than as part of their business or professional activity;
  10. 1.4.10
    Sender is a person who has signed an agreement with the Operator on the provision of postal services;
  11. 1.4.11
    Branch is the Operator's facility where you can send and receive parcels;
  12. 1.4.12
    Operator is an enterprise; "Operator" also means an authorized person acting on behalf of the Operator;
  13. 1.4.13
    The Law on Postal Services is the Law “On Postal Services” dated 22.12.1997, as amended;
  14. 1.4.14
    Parcel is a parcel with information about the recipient and the address presented to the operator for acceptance or received by the Operator for transportation and delivery by the recipient, which is a postal or cargo shipment;
  15. 1.4.15
    Freight shipment is a shipment that does not include postal parcels and weighs more than 30 kg;
  16. 1.4.16
    Shipment by post is a shipment that includes a postal parcel or a letter within the meaning of the Law on Postal Services;
  17. 1.4.17
    Postal shipment is a postal parcel or a postal shipment within the meaning of the Law on Postal Services;
  18. 1.4.18
    General conditions are these conditions that regulate the provision of the Company's services;
  19. 1.4.19
    Company is Nova Post DE GmbH, legal address: Charlottenstr 79-80, 10117 Berlin, registered in the Trade Register of the city of Berlin under registration number HRB 252212 B;
  20. 1.4.20
    Operator's website, site is the Operator's official website at novapost.com;
  21. 1.4.21
    Postal Service Agreement is an agreement signed by and between the recipient/sender of the service and the Operator, according to which the Operator provides postal services to the recipient;
  22. 1.4.22
    Intermediary Service Agreement is an agreement signed by and between the Operator and a third party on the provision of national and international transportation services;
  23. 1.4.23
    Transport Forwarding Agreement is an agreement signed by and between the recipient/sender and the Operator, according to which the Operator provides freight transport and forwarding services;
  24. 1.4.24
    Postal service is a letter delivery service within the territory of the Federal Republic of Germany and abroad;
  25. 1.4.25
    Postal services are postal services within the meaning of the Law on Postal Services, provided by the Operator in accordance with the GTC;
  26. 1.4.26
    Address services are delivery/reception of postal items from the sender/ by the recipient.
  27. 1.4.27
    Transport forwarding is logistics services for the organization of national and international delivery and transportation of parcels other than postal parcels, within the meaning of the Law on Postal Services;
  28. 1.4.28
    Service receiver is a business customer or consumer who uses the services of the Operator and orders a postal service or an additional service;
  29. 1.4.29
    Neighbor is a person who lives or works at a reasonable distance (but not more than 50 m) from the delivery address of the recipient and who has been notified to the Operator by the sender and/or the recipient as an authorized recipient.
2
LIST OF OFFERED POSTAL SERVICES
1. 2.1
  The Operator offers the following postal services:
  1. 2.1.1
    Processing, sorting, delivery of postal items, including items with a declared value within the meaning of the Law on Postal services; receiving, sorting, issuing unaddressed forms;
  2. 2.1.2
    Forwarding postal items and unaddressed forms, if it is carried out in connection with the provision of at least one of the services specified in clause 2.1.1;
2. 2.2
  The Operator offers the following services for the delivery of postal items in Germany and abroad:
  1. 2.2.1
    Address-to-address – receiving a postal shipment at the address of the sender and delivering it to the address of the recipient.
  2. 2.2.2
    Branch-to-branch – receiving a postal shipment from the sender at a branch in the sender’s city and delivering this postal item to a branch in the recipient’s city.
  3. 2.2.3
    Branch-to-address – receiving a postal shipment from the sender at the Operator's branch in the sender's city and delivering it to the recipient's address.
  4. 2.2.4
    Address-to-branch – receiving a postal shipment from the sender at the address in the sender's city and delivering it to the branch in the city specified as the recipient's city.
3. 2.3
  The Operator provides the following transport and forwarding services:
  1. 2.3.1
    Collection, sorting, delivery of freight shipments, including those with declared value;
  2. 2.3.2
    Transportation of cargo by relevant carriers, organization of transportation, mediation in freight transportation.
4. 2.4
  The Operator offers transport and forwarding services for freight shipments in Germany and abroad as follows:
  1. 2.4.1
    Address-to-address – receiving a postal shipment at the address of the sender and delivering it to the address of the recipient.
  2. 2.4.2
    Branch-to-branch – receiving a postal shipment from the sender at a branch in the sender’s city and delivering this postal item to a branch in the recipient’s city.
  3. 2.4.3
    Branch-to-address – receiving a postal shipment from the sender at the Operator's branch in the sender's city and delivering it to the recipient's address.
  4. 2.4.4
    Address-to-branch – receiving a postal shipment from the sender at the address in the sender's city and delivering it to the branch in the city specified as the recipient's city.
3
GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF POSTAL SERVICES AND FREIGHT TRANSPORT AND FORWARDING SERVICES
1. 3.1
  The Operator provides postal services to consumers and legal entities.
2. 3.2
  The Operator provides transport and forwarding services to consumers and legal entities.
3. 3.3
  The Operator provides its services within the terms specified for this type of service on the website.
4. 3.4
  The Operator provides services on the territory of the Federal Republic of Germany and abroad, in the countries published on the website.
5. 3.5
  A postal service agreement is concluded through the Operator's acceptance of the postal parcel for transportation and delivery. The invoice for postal services is issued in accordance with the price list for postal services published on the website.
6. 3.6
  A forwarding service agreement is concluded, in particular, through the Operator's acceptance of the freight for transportation and delivery. The invoice for transport and forwarding services is issued in accordance with the price list for transport and forwarding services published on the website.
7. 3.7
  Postal shipments and freight are accepted and delivered on business days.
8. 3.8
  The postal service agreement signed by and between the Operator and the consumer using the Website is a remote contract in the sense of consumer legislation. The consumer has the right to withdraw from the concluded postal service agreement within 14 days from the date of its conclusion, unless it has been fulfilled by the Operator. The consumer can withdraw from the postal service agreement by sending a written notice of withdrawal by e-mail to the address support_de@novapost.com.
9. 3.9
  The forwarding agreement signed by and between the Operator and the consumer using the Website is a remote contract in the sense of consumer legislation. The consumer has the right to withdraw from the concluded forwarding agreement within 14 days from the date of its conclusion, unless it has been fulfilled by the Operator. The consumer can withdraw from the forwarding agreement by sending a written notice of withdrawal by e-mail to the address support_de@novapost.com.
4
ACCEPTANCE AND DELIVERY OF PARCELS. PROVISION OF POSTAL SERVICES.
1. 4.1
  General shipping rules
  1. 4.1.1
    The postal shipment must be properly packed by the sender in a cardboard box to ensure the preservation of postal services and the safe delivery of the contents of the postal shipment. At the request of the sender, the Operator can pack the postal shipment as an additional service at extra cost.
  2. 4.1.2
    The type of packaging of the postal shipment must comply with the packaging rules published on the website.
  3. 4.1.3
    The postal shipment must have appropriate address labels attached.
  4. 4.1.4
    Parcels exceeding the total weight and the maximum weight specified in clause 4.5.2 are accepted for transportation only after prior agreement with the Operator.
  5. 4.1.5
    If the postal service requires the sender to declare the value of the postal shipment, this value must correspond to the actual value of the contents of the parcel. The declared value of the postal shipment may affect the price of the postal service in accordance with the current price list for postal services.
  6. 4.1.6
    The sender of the postal shipment must indicate the address of the recipient or the address of the branch to which the postal shipment is to be delivered. The sender is responsible for the reliability of the data provided to the Operator.
  7. 4.1.7
    The sender gives instructions to the Operator through the site, indicating the type of postal shipment, the address and contact information (phone and e-mail) of the sender and recipient, the method and place of delivery.
  8. 4.1.8
    After placing an order for postal services or freight forwarding services through the Website, the service recipient, if it is a business customer, can create an address label to be attached to the shipment package so that it is clearly visible.
  9. 4.1.9
    The Operator adds an invoice to the postal shipment, which is created while handling the order.
  10. 4.1.10
    Any marking applied by the sender to the package of the postal shipment must not obscure the address label and/or contain any content prohibited by law.
  11. 4.1.11
    The sender must pre-pay for postal services in accordance with the selected type of services and the price list, with the exception of post-payment, which is paid on the terms specified in the GTC, unless a separate contract concluded by and between the sender and the operator provides otherwise.
  12. 4.1.12
    The Operator may refuse to accept postal/forwarding services or terminates the contract if
    
    a) the content or packaging of the postal shipment/freight may cause damage to third parties or the Operator;
    b) the sender's postal shipment/freight or the visible part of the content have inscriptions, images, drawings or other symbols, the content of which violates the current legislation or other regulatory acts;
    c) the postal service will be provided in whole or in part in the territory where the Operator is not authorized to provide this service, except when the Operator has entered into a cooperation agreement allowing the provision of postal service in this territory;
    d) acceptance or transportation of postal shipment/freight is prohibited by applicable law.
  13. 4.1.13
    The Operator has the right to:
    
    a) refuse to sign a postal service/freight forwarding agreement, if the postal shipment/freight does not meet the requirements for the provision of postal services/forwarding established by the Operator;
    b) refuse a postal service/freight forwarding agreement, if the postal shipment/freight does not meet the requirements for the provision of postal services/forwarding established by the Operator.
  14. 4.1.14
    If the postal service agreement is not concluded for the reasons stated above, the received postal shipment/freight will be returned to the sender at the sender’s expense. The fee paid for postal services is non-refundable.
  15. 4.1.15
    If the freight forwarding agreement is not concluded for the reasons stated above, the accepted freight shipment will be returned to the sender at the sender's expense. The fee paid for this service is non-refundable.
  16. 4.1.16
    The Operator, who has signed a postal service or freight forwarding agreement with the sender, must indicate on the received parcel information about the receipt of payment for postal services or another payment method and ensure its identification.
  17. 4.1.17
    A parcel that cannot be delivered to the recipient is returned to the sender by the operator who has signed a postal service or freight forwarding agreement with the sender, at the sender’s expense in accordance with the price list for postal or freight forwarding services.
  18. 4.1.18
    The returned postal shipment is delivered to the sender under the same delivery conditions as it was sent to the recipient.
  19. 4.1.19
    If the parcel is not delivered or received by the sender within 7 days from the moment of the sender's notification about the return of the postal shipment, it is considered undelivered.
  20. 4.1.20
    In case of reasonable suspicion that the parcel may damage other parcels or the Operator's property, the Operator may ask the sender to open the parcel. If the request to open the parcel is impossible or unsuccessful, the Operator has the right to protect the package with security measures at the sender’s expense.
  21. 4.1.21
    In case of reasonable suspicion that the parcel is the subject of a criminal offense or that its content poses a danger to people or the environment, the Operator must immediately notify the competent authorities, as well as store and protect the parcel until it is checked by these authorities.
2. 4.2
  Postal shipment size and weight
  1. 4.2.1
    The cost of postal services depends on the weight and size of the postal shipment according to the price list of postal services posted on the website.
  2. 4.2.2
    The cost of forwarding services depends on the weight and size of the postal shipment according to the price list for forwarding services.
  3. 4.2.3
    There are two ways to determine the size of a postal shipment: actual weight and volumetric weight. The cost of postal services is calculated according to the price list for postal services according to the larger value: actual or volumetric weight.
  4. 4.2.4
    Actual weight is determined by weighing the postal shipment on a scale.
  5. 4.2.5
    Volumetric weight is determined based on the external dimensions of the postal shipment (at the same time, the external dimensions are measured by the most protruding points in the case of irregularly shaped postal shipment) according to the following formula: Volumetric weight [kg] = Length [cm] x Width [cm] x Height [cm] / 4 000.
  6. 4.2.6
    There are the following sizes of postal shipments, which depend on the cost of postal services according to the price list for postal services:
    4.2.6.1
    0-2 kg parcel (actual or volumetric weight);
    4.2.6.2
    2-10 kg parcel (actual or volumetric weight);
    4.2.6.3
    10-30 kg parcel (actual or volumetric weight).
    4.2.6.4
    Documents are a postal shipment containing postcards, papers or documents weighing not more than 1 kg and whose dimensions do not exceed LWH up to 35 x 25 x 2 cm respectively.
3. 4.3
  Shipment
  1. 4.3.1
    Parcels are accepted by the Operator in the branch and at the address specified by the sender.
  2. 4.3.2
    The sender fills out the shipping form on the website and pays the fee.
  3. 4.3.3
    After filling out the form, the sender, if a business customer, must create and print an address label that must be visibly attached to the package.
  4. 4.3.4
    After filling out the form, the customer receives a parcel tracking number that can be used to check the status of the postal or forwarding service.
  5. 4.3.5
    After receiving the parcel, the Operator checks the correctness of the address data and payment of the fee.
  6. 4.3.6
    If the Operator notices the absence of a correct address label, incomplete address data or improper packaging of the parcel, the Operator has the right to refuse to accept the parcel.
  7. 4.3.7
    Acceptance of the parcel by the Operator does not mean that the content of the parcel has been checked and does not violate the provisions of the current legislation.
  8. 4.3.8
    Parcels in the form of packaging made of corrugated cardboard, connected by stretch film and tape, are accepted only in branches.
  9. 4.3.9
    The sender must provide a properly packed package in a cardboard box. Otherwise, the sender must use the additional "Packaging" service.
  10. 4.3.10
    In case of suspicion that the parcel contains goods prohibited by these regulations or current legislation for transportation (shipments in boxes, crates, parcels, wrapped in opaque foil or other packaging materials that do not allow to see the contents, without marking, any identification, shipment with an unpleasant smell, etc.), the Operator has the right to request an inspection of the parcel and check its content.
  11. 4.3.11
    In case of refusal or detection of prohibited contents of the parcel in accordance with clause 4.3.10, the Operator has the right to refuse to provide postal or forwarding services for the parcel.
  12. 4.3.12
    The sender must provide information for processing the postal shipment in accordance with the GTC.
4. 4.4
  Detailed conditions for sending a parcel from the branch:
  1. 4.4.1
    The sender must inform the recipient of the shipment number and date of delivery, as well as to ensure the recipient has read and understood these GTC.
  2. 4.4.2
    The following categories of customers are in priority:
    
    1) Senior citizens;
    2) Persons with disabilities;
    3) Adults with children under 3 years of age;
    4) Pregnant women;
    5) War veterans (provided for submittal of a relevant war veteran identification card).
5. 4.5
  General conditions for the provision of address services.
  1. 4.5.1
    Postal shipments forwarded by the Operator to the address specified by the sender shall not exceed a total weight of 30 kg per parcel and a total length of 120 cm including packaging.
  2. 4.5.2
    The service receiver must allow the Operator to drive to and park near the place indicated as the recipient’s address (for parcels weighing more than 30 kg) at a distance of no more than 50 meters.
  3. 4.5.3
    The sender must pack parcels and provide information support in accordance with the provisions of these GTC.
  4. 4.5.4
    When receiving the parcel at the sender’s address
    
    1) the sender can place an order to receive the postal shipment at their address by filling out the online form on the website;
    2) address services are provided on prepayment conditions only;
    3) the sender can send several postal shipments from their address. Each postal shipment requires placing a separate order;
    4) postal shipments forwarded from the sender's address shall not exceed a total weight of 30 kg per parcel and a total length of 120 cm including packaging;
    5) receipt of a postal shipment from the Operator takes place on the next business day, if the order was placed before 3 pm of the current day, or on the second business day, if the order was placed after 3 pm of the current day;
    6) the sender must prepare the postal shipment for acceptance by the Operator, that is, to check whether the postal shipment does not contain goods prohibited for transportation by these GTC or the current legislation, and to pack the postal shipment in a cardboard box in accordance with the packaging standards indicated on the website;
    7) the sender must wait for and hand over the postal shipment to the Operator on the day of acceptance;
    8) the sender may cancel the order on the day of its registration by sending a request to the email address indicated below:
    9) postal shipments containing goods prohibited for forwarding by these GTC or by current legislation shall be returned to the sender. The fee paid by the sender is non-refundable.
  5. 4.5.5
    The total time of accepting a postal shipment by the Operator should not exceed 10 minutes.
  6. 4.5.6
    The Operator shall not issue an invoice upon acceptance of the postal shipment. Instead, the customer receives an invoice by e-mail.
6. 4.6
  General conditions for the delivery of postal shipments
  1. 4.6.1
    Postal shipments are delivered by the Operator to the recipient's address or to the branch specified by the sender.
  2. 4.6.2
    The standard delivery time is from 1 to 3 business days and from 5 to 10 business days in Ukraine and abroad, respectively. Delivery terms are not agreed. The standard delivery time is not binding and should not be considered as fixed delivery time. If postal shipments are collected from the sender, the mandatory collection time is not agreed.
  3. 4.6.3
    The delivery of parcels with an agreed delivery time is possible under the conditions agreed with the customer in an individual postal service agreement.
  4. 4.6.4
    The sender and the recipient can track the shipment and thus the status of the postal services through the novapost.com website after entering the shipment number.
  5. 4.6.5
    When delivering international postal shipments, the recipient bears all costs related to customs clearance, as well as assumes the risk associated with the actions of customs authorities and border guards regarding the postal shipment and its contents.
  6. 4.6.6
    If, according to the sender's order data, the postal shipment contains items that can only be purchased by adults, the Operator may require the recipient to present a document confirming his/her majority. In case of refusal to present the document, the Operator may refuse to issue the postal shipment. Checking the recipient's age can be an additional service that is paid on extra basis according to the current price list of postal services.
  7. 4.6.7
    After the first unsuccessful attempt to deliver the postal shipment to the recipient, the Operator has the right to hand the postal shipment to a neighbor in the same building who agrees to receive it. If there is no such neighbor in the same building or they are unavailable, the Operator has the right to deliver the postal shipment to a neighbor in the next building (but not further than 50 m) or to deliver the postal shipment to the nearest office. In addition, the Operator has the right to deliver the postal shipment to the branch. However, the alternative delivery options described above do not apply if the recipient or sender has given written instructions prohibiting such delivery.
    
    In case of delivery to the branch, the postal shipment is kept for seven calendar days for receipt by the recipient. If the postal shipment is not received within the specified period, it will be returned to the sender. In all cases of alternative delivery, the recipient must be informed with the indication of the name and address of the relevant neighbor or branch.
7. 4.7
  General conditions for the branch delivery
  1. 4.7.1
    To receive postal shipment at the Operator's branch, the recipient must provide the parcel number (if available) or the mobile phone number to which a confirmation SMS was sent.
  2. 4.7.2
    The recipient, who is an individual, must confirm their identity to the Operator by presenting a valid ID with photo.
  3. 4.7.3
    A postal shipment may be issued without verifying the identity of the recipient if the declared value of the postal item does not exceed 10 000 euros and the recipient knows the shipment number and can report the receipt code, which is sent in the form of an SMS to the number specified as the recipient's number.
  4. 4.7.4
    To receive a postal shipment with the declared value of 10 000 euros or more, the recipient must present a document confirming their identity and report the receipt code, which is sent as an SMS to the number specified as the recipient's number.
  5. 4.7.5
    If the postal shipment contains items, the content of which can be transferred only to an adult, the recipient must present a document confirming their age at the request of the Operator. In the absence of such a document, the representative of the Operator may refuse to issue a postal shipment.
  6. 4.7.6
    If the postal shipment is accepted by a person who is not listed as the addressee of the postal shipment, such person must indicate the shipment number, confirm the relevant authority and present an ID with photo. In the case of accepting a postal shipment, the value of which does not exceed 10 000 euros, it is possible to hand over the postal shipment to a person who is a relative of the recipient, provided that a document confirming the family relationship is presented.
  7. 4.7.7
    A postal shipment can be picked up at the Operator's branch during business hours.
8. 4.8
  General conditions for the address delivery
  1. 4.8.1
    In case of address delivery, the recipient will receive an SMS to the phone number specified by the sender, with a message about the scheduled date of delivery of the postal shipment. The recipient must ensure their presence or the presence of their representative to receive the parcel on the specified date.
  2. 4.8.2
    If the delivery is made to the recipient's address, then in the absence of the recipient or a family member authorized to receive the parcel, the parcel can be delivered to the neighbor of the recipient, if there are no objections from the recipient, or sent by the Operator to the branch, where it can be received under the conditions, applicable to this delivery method. The postal shipment can be collected within 7 days from the moment the recipient is notified of delivery to the branch, after which it can be returned to the sender without prior notice.
  3. 4.8.3
    The operator is not obliged to check the person who receives the postal shipment at the recipient's address. The person who receives the mail at the recipient's address has the right to receive the postal shipment.
  4. 4.8.4
    After receiving the postal shipment by the recipient, a member of their family or another authorized person, the Operator can request a confirmation of receipt. In this case, the refusal to confirm the receipt of the postal shipment is considered as a refusal to accept the postal shipment.
  5. 4.8.5
    In case of delivery of a postal shipment directly to the recipient, the recipient must, upon request of the Operator, confirm their identity with an ID with photo. Otherwise, the Operator may refuse to deliver the postal shipment.
  6. 4.8.6
    If the postal shipment contains items, the content of which can be transferred only to an adult, the recipient must present a document confirming their age at the request of the Operator. In the absence of such a document, the representative of the Operator may refuse to deliver a postal shipment.
  7. 4.8.7
    The time of presence of the Operator at the address during the delivery of the postal item should not exceed 10 minutes.
  8. 4.8.8
    Address delivery is possible if the specified address can be reached by car and the car can be parked at a distance of no closer than 50 meters from the address.
  9. 4.8.9
    Address delivery of postal shipments is possible only for postal shipments weighing no more than 30 kg.
  10. 4.8.10
    If the postal shipment has not been delivered to the address, it will be delivered to the nearest branch.
  11. 4.8.11
    Address delivery of the postal shipment is possible if the recipient is a payer and the declared value of the postal item does not exceed 10 000 euros. In case of non-cash payment of the fee, postal shipments of any value will be delivered to the address.
9. 4.9
  General conditions for the parcel box delivery
  1. 4.9.1
    Parcel box delivery is possible only to a parcel box on the territory of Ukraine and is regulated by the GTC published on the website of Nova Poshta LLC https://novaposhta.ua/poshtomat/.
5
INFORMATION NECESSARY FOR THE POSTAL SERVICES
1. 5.1
  Method of delivery:
  - 5.1.1
    “Address-to-address”;
  - 5.1.2
    “Branch-to-branch”;
  - 5.1.3
    “Address-to-branch”;
  - 5.1.4
    “Branch-to-parcel box”;
  - 5.1.5
    “Branch-to-address”;
  - 5.1.6
    “Address-to-parcel box”.
2. 5.2
  Sender’s information:
  1. 5.2.1
    For legal entities and individual entrepreneurs: name (registration data)/first and last name; address/branch/parcel box; mobile phone number of the contact person; e-mail;
  2. 5.2.2
    For individuals: first and last name; address/branch/parcel box; mobile phone number; e-mail;
3. 5.3
  City of delivery.
4. 5.4
  Recipient’s information:
  1. 5.4.1
    For legal entities and individual entrepreneurs: name (registration data) / first and last name, patronymic (if any); address (including postal code), address/branch/parcel box for delivery of postal shipments; e-mail address and phone number of the contact person;
  2. 5.4.2
    For individuals: first and last name, patronymic (if any); address (including postal code); address/branch/parcel box for delivery of postal shipments; mobile phone number; email address;
5. 5.5
  Postal shipment information: number of spaces; actual weight of each space in the postal shipment and the weight and dimensions of the postal shipment; declared value; content description.
6. 5.6
  Payer of postal services.
7. 5.7
  Payment method (cash/non-cash).
8. 5.8
  Optional services.
9. 5.9
  Other information that may affect the quality, terms and cost of services.
6
UNDELIVERED POSTAL SHIPMENT
1. 6.1
  A postal shipment that cannot be delivered to the recipient or is returned to the sender due to the absent or incorrect address of the sender (undelivered postal shipment) may be opened by the Operator who is a party to a postal service or freight forwarding agreement in order to receive data to deliver the postal shipment or returned it to the sender.
2. 6.2
  Undelivered postal shipment is also considered wholly or partially unpaid if the sender refuses to pay the return fee or the recipient refuses to pay the surcharge.
3. 6.3
  Undelivered postal shipment shall be opened immediately.
4. 6.4
  An undelivered postal shipment is opened by a commission consisting of at least 3 persons appointed by the head of the branch responsible for work with undelivered postal shipments.
5. 6.5
  Undelivered postal shipments shall be opened with minimal damage to their packaging.
6. 6.6
  Once the undelivered postal shipment is opened, the commission checks whether the details and address of the recipient or sender are indicated on the inside of the postal shipment. If not, the commission checks the content of the postal shipment.
7. 6.7
  If the commission discovers data that allows the postal shipment to be delivered to the recipient or returned to the sender after appropriate packaging and labeling, the postal shipment will be delivered to the recipient or returned to the sender.
8. 6.8
  If the undelivered postal shipment has been opened in such a way that does not allow it to be delivered to the recipient or returned to the sender, or if the sender refuses to accept the postal shipment, the postal shipment shall be destroyed by the operator not earlier than 60 days after its opening in such a way that the information contained inside of and on the package could not be restored.
7
PAYMENTS
1. 7.1
  Tariffs for postal services are determined in accordance with the price list for postal services published on the website.
2. 7.2
  Tariffs for transport and forwarding services is determined in accordance with the price list for transport and forwarding services.
3. 7.3
  Tariffs for additional services is determined in accordance with the current price list for postal services and the price list for transport and forwarding services.
4. 7.4
  The Operator has the right to check the characteristics of the postal shipment, including the size and weight, in order to verify the price calculation according to the relevant price list.
5. 7.5
  Payment for postal services is made in advance when ordering postal services or transport and forwarding services by the service recipient through the website, or when receiving a postal shipment at the specified address, or when delivering to the branch.
8
RIGHT OF LIEN
1. 8.1
  The Operator, who has signed a postal service agreement with the sender, has the right to lien on postal shipments to secure the claims arising from this agreement, as well as to cover reasonable additional costs for the provision of services caused by the sender or recipient.
2. 8.2
  The right of lien does not apply to the recipient if the recipient is a state body.
3. 8.3
  If the recipient or sender refuses to fulfill the claim secured by the lien, the Operator who has the right of lien shall open the postal shipment in the presence of a commission and sale its content:
  1. 8.3.1
    Immediate for perishable items;
  2. 8.3.2
    In other cases, after 30 days from the date of the written notification of the recipient or the sender about the intention to sale the content of the postal shipment.
4. 8.4
  The revenue from the sale of the content is transferred by the Operator to the sender at the expense of the sender, after deducting claims secured by collateral.
5. 8.5
  The Operator has the right to demand from the sender compensation in the amount of the difference, if the claims secured by collateral exceed the amount received from the sale of the content.
9
ADDITIONAL SERVICES
1. 9.1
  The Operator offers the following additional paid services in accordance with the price list for postal services or the price list for transport and forwarding services:
  1. 9.1.1
    Storage means that the parcel is stored in the branch for 7 calendar days, and then in the Operator's warehouse for 23 days, excluding the day of arrival at the recipient's branch. Within 7 days, except for the day of receipt of the parcel, the parcel is stored without additional payment. A storage fee is charged for parcel storage from 8 to 30 calendar days in accordance with the rates specified in the price list on the website. If within 30 calendar days the parcel has not been picked up by the recipient or the sender, the parcel is considered undelivered. The Operator has the right to claim reimbursement for the costs of storage and transportation of this parcel (in the case of postal shipments in accordance with the Law on Postal Services).
  2. 9.1.2
    Packaging means covering a postal shipment in the most suitable package that ensures its safe transportation, storage and protection. The postal shipment is packed in a packaging material offered by the Operator.
  3. 9.1.3
    Change of address means change of the delivery address of an already processed postal shipment within the same city or country. The customer can be both a sender and a recipient. The service for one shipment can be ordered only once.
  4. 9.1.4
    Return of a postal shipment means return of a postal shipment to the sender based on a return request.
  5. 9.1.5
    Scheduled delivery means the possibility for the recipient to choose a delivery time window when ordering postal services or transport and forwarding services.
  6. 9.1.6
    Recipient verification means verification by the Operator of the age of the recipient upon delivery, if the content of the postal shipment, declared by the sender, is for adults only. This additional service is available only for business customers.
  7. 9.1.7
    Checking the freight weight and dimensions.
10
OPERATOR’S SERVICES
1. 10.1
  The Operator offers services that may be paid for additionally, if this is indicated in the price list of postal services or in the price list of transport and forwarding services.
2. 10.2
  "Business account" is a user account, which is accessed through the site and used by the service recipient to independently create address labels and invoices, order additional services, etc.
3. 10.3
  "Mobile application" is software for quick access to information about parcel transportation, which works on Android and iOS smartphones. The mobile application allows you to create address labels and invoices in a convenient form, find the nearest branch, calculate the cost of the parcel, track its location and order a scheduled courier delivery service.
4. 10.4
  "Dispatch number recovery" allows the recipient or sender to find out the shipment number after sending a request to the branch operator and verifying the identity.
5. 10.5
  “Shipment tracking” allows tracking the location of a postal shipment using a tracking number. The service can be used through the website or through the mobile application.
6. 10.6
  "Shipment inspection" gives the recipient the opportunity to open the postal shipment and check its condition for external damage and compliance of the content with the order with the help of a third person at the relevant counter or at the specified address in the presence of the Operator. The service is not provided unless it is stipulated in the agreement with the sender. When checking postal shipments, it is prohibited to:
  
  a) Use connecting devices, media and mechanisms that are not part of the postal shipment (with the exception of SIM cards, headphones, batteries, flash drives (to check the TV matrix for defects)).
  b) Use consumables included in the postal shipment (for example, perfume bottles, cosmetics samples).
  c) Use the content of the postal shipment together with the recipient's personal belongings, including media (combining, reading or reproducing them is prohibited).
  d) Pour fuel and lubricants or other liquids in the postal shipment necessary for its proper functioning.
  e) Set passwords for electronic devices that provide this function (phones, tablets, computers or laptops).
  f) Tear off factory, advertising and informational stickers from the postal shipment and its content (with the exception of stickers pasted on parcels with computer, electronic and optical products in the places where they are opened).
  g) Open packaged postal shipments that are opened for the first time in one of the following ways (only external inspection for damage is allowed):
  
  ▪ Fasteners (bags sewn with a thread; metal or paper lids on cans, perforation on the neck of lids on liquid containers, etc.);
  ▪ Thermal film (except for computer, electronic and optical products and their accessories) – a type of packaging film that shrinks under the influence of temperature and takes the shape of the product;
  ▪ Blister package – a container or box that is extruded to follow the shape and dimensions of the product contained, or to create the capacity necessary to contain the product, is made of heat-resistant plastic and may have a hard, printed metal or plastic coating.
  ▪ Polyethylene foam containers – containers with two or more layers of film bonded together using high temperatures, glue or solvent.
  
  h) Remove, except for removal to install the SIM card or battery, without using tools not included in the device's delivery package.
  i) Check the postal shipment outside the branch (for items sent to the branch).
  j) In case of address delivery, it is prohibited to:
  
  ▪ Throw away the package of the postal shipment;
  ▪ Connect small or household electrical appliances to the power grid (checking the parcel for external defects and mechanical damage is allowed). Otherwise, the postal shipment will not be returned.
7. 10.7
  "Notification" means informing the recipient and the sender about the time of arrival, delivery and storage of the postal item. The service is provided in the form of SMS (messages in the mobile application), phone calls or electronic correspondence in accordance with these GTC.
8. 10.8
  "Change of Data" allows the sender to change the data on the address label/bill of lading from the time it is created until the recipient receives the postal shipment. The service can be ordered at the branch or by calling the contact center. The service is not available for orders made on the day of delivery of the shipment to the recipient's address.
11
ITEMS AND SUBSTANCES PROHIBITED FOR SHIPMENT
1. 11.1
  Postal shipments must not contain:
  
  a) Cash, including foreign currency, securities, payment cards and other means of payment;
  b) Items of criminal origin;
  c) Firearms and pneumatic weapons and their parts, ammunition, stabbing weapons, objects imitating firearms and stabbing weapons, other items specially designed for attack and defense (guns, bolts, canisters with a paralyzing gas, daggers, etc.);
  d) Jewelry, works of art, antiques and other items of special value;
  e) Substances such as hydrogen peroxide, acids, high-octane oxygen-containing pollutants (chemical compounds added to gasoline), as well as liquids and substances in packaging containing hazardous substances labeled as class 1-7 inclusive, such as flammable, highly flammable, explosive, radioactive and other dangerous substances with appropriate labeling ("explosive materials and substances", "gases", "flammable liquids", "self-igniting substances", "toxic and infectious substances", "oxidizing substances", "radioactive substances", "caustic and corrosive substances", "other dangerous substances and products"), carcinogenic substances, as well as all substances that can pose a danger to human life or health;
  f) Cylinders with liquid or gas, including all types of fire extinguishers (except for empty cylinders without valves);
  g) Containers with liquids without manufacturer's labels (stickers) with information about the name of the substance, its properties and storage conditions, with traces of damage, signs of leakage, unpleasant smell, improperly packed; in the case of liquids with chemical properties, appropriate labeling is required;
  h) Fluorescent lamps and other products containing mercury or asbestos, as well as products made from them (pipes, slate, etc.);
  i) Used batteries, including for cars, motorcycles and agricultural machinery. New batteries for cars, motorcycles and agricultural machinery, the contacts of which are closed by factory plastic covers (both with and without factory packaging), can be delivered only to the address;
  j) Animals, insects, animal remains, raw skin/fur/leather, human ashes or remains, organs, tissues and biological fluids of humans and animals and other biologically active objects;
  k) Live plants, in particular those that require special transportation conditions;
  l) Tobacco products, electronic cigarettes and their parts;
  m) Food products that require special temperature conditions or have a shelf life of up to 5 days (the shelf life is indicated on the package), chilled or frozen food, dairy products, vegetables and fruits. Carriage of other foodstuffs may be further restricted for areas subject to restrictions or instructions regarding embargoes, quarantines, etc., as determined by the relevant authorities;
  n) Medicines and hygiene products that require special storage and transportation conditions, ethyl alcohol, immunobiological veterinary drugs;
  o) Narcotic drugs and their substances, cannabis substances (prohibited for sale), psychotropic and psychoactive substances and similar substances subject to special control in accordance with current legislation;
  p) Aromatic and odorous items that are dirty and can cause harm to other objects or the health of people or animals (including cooked food, heavily soiled parts, items stained with oil or other aggressive substances, bacteria or live viruses, poisonous substances);
  q) Other items prohibited by current legislation.
  r) For international shipments: goods, the import or export of which is prohibited or requires special permission under the laws of the country of departure, transit or destination;
  s) Postal shipments that are prohibited from being sent under applicable sanctions laws, including because of the content, recipient, sender, or country of origin or destination. Sanctions legislation includes all laws, regulations or sanction measures (trade and economic restrictions) against countries, persons/groups of persons and companies, including measures imposed by the United Nations, the European Union and European Member States, in particular, according to Annex I to the EU Anti-Terrorism Directives 2580/2001 and 881/2002 or other sanction lists as amended, as well as postal shipments to the country of destination subject to restrictions on foreign trade (embargo measures);
  t) Non-hazardous and/or hazardous substances within the meaning of §3 par. 1 in combination with par. 2-4 in combination with appendices 1 and 2 to §3 par. 2 of The Closed Substance Cycle and Waste Management Act as amended at the time of ordering and during transportation. Accordingly, substances are understood to mean all unused substances or items that cannot be reused, or usable substances and items that can be (re)used and disposed of, but which their owner disposes of, wishes or is obliged to dispose of.
2. 11.2
  The list of objects and substances prohibited for transportation is incomplete and given for reference only.
3. 11.3
  List of transportable substances:
  
  a) Substances assigned to hazard class 8 and 9, with the exception of acids (regardless of concentration) and substances containing any amount of acid, hydrogen peroxide or other chemical compounds with oxidizing properties;
  b) Chemical substances of hazard class 2 and 3 in factory-made containers (packaging):
  - 11.3.1
    Paints: in a metal container with a capacity of no more than 10 liters (no limit on quantity);
  - 11.3.2
    Aerosols and sprays: cans from paints, household, construction, cosmetic and automotive chemicals with a capacity of up to 1 000 ml;
  - 11.3.3
    Medical, antiseptic agents, disinfectant and detergents with an alcohol content of up to 70% in plastic and metal containers with a maximum capacity of up to 10 liters;
  - 11.3.4
    Perfumery and cosmetic products with an alcohol content of up to 70% in glass and plastic containers;
  - 11.3.5
    Alcoholic beverages with an alcohol content of up to 70% in glass and other containers with a capacity of no more than 5 liters;
  - 11.3.6
    lubricants (motor, transmission) with a capacity of no more than 10 liters;
  - 11.3.7
    biological material in the form of smears (including from the oral cavity).
4. 11.4
  The Operator has the right to refuse to accept a postal shipment, the content of which is allowed to be transported in accordance with these GTC and current regulations.
5. 11.5
  The Operator has the right to check the content of the postal shipment, not accept it, return it and refuse to provide the service, if there is a suspicion that the content of the postal shipment is prohibited for transportation under the conditions set forth in these GTC and current legislation.
6. 11.6
  The Operator's acceptance of the postal shipment does not mean that the Operator has checked the content of the postal shipment and that the content of the postal shipment has been approved for dispatch. The Operator is not obliged to check the content of the postal shipment.
7. 11.7
  If the Operator discovers that the postal shipment contains or may contain content that is punishable under current law or is not allowed for trade, the Operator shall notify the competent authorities.
8. 11.8
  If the Operator makes a decision to refuse to provide postal services (including in the event of termination of the agreement or service provision, or return of the postal item), the Operator has the right to return the postal shipment at the sender’s expense. In justified cases, permitted by law, the Operator may destroy the postal item at the sender's expense or hand it over to the competent authorities.
9. 11.9
  If a postal shipment requires inspection, the Operator checks it in the presence of the sender, or, if it is not possible, by persons appointed by the Operator in accordance with the GTC. A label is affixed to the postal shipment with clear information that the postal shipment has been checked.
10. 11.10
  If the Operator, its employees or a third party is damaged as a result of the unauthorized content of the postal item after the provision of postal services, the sender is obliged to compensate this damage in full.
12
DECLARED VALUE OF POSTAL SHIPMENT
1. 12.1
  Declared value is the value of the postal shipment indicated by the sender on the package label. The declared value must correspond to the actual (market) value of the postal shipment;
2. 12.2
  Restrictions on the provision of postal services or transport-forwarding services with declared value:
  
  a) Postal shipment with a declared value of up to 10 000 (ten thousand) euros;
  b) Parcel box delivery in Ukraine - up to an amount in euros that does not exceed the equivalent of 10 000 hryvnias.
3. 12.3
  Customs clearance
  Customs clearance is carried out as follows, unless otherwise indicated on the website: if the service includes customs clearance or if the Operator considers it necessary or appropriate, the Operator will carry out the shipment and customs formalities:
  
  ▪ on its own behalf and on behalf of the consignor or consignee (depending on the Incoterms used) in the country of departure and in the country of delivery, as provided for by the indirect customs representation,
  ▪ on behalf of the consignor or consignee (depending on the Incoterms used) in the country of departure and in the country of delivery, as provided for by the direct customs representation.
  
  The Operator has the right to appoint and be represented by a third party at its sole discretion.
  The Operator provides these services at extra cost.
  https://novapost.com/en-de/international/receive-from-ukraine
  https://novapost.com/en-de/international/send-to-ukraine-parcel
13
CLAIMS
1. 13.1
  In case of failure to perform or improper performance of postal or transport and forwarding services, the right to file a claim applies:
  1. 13.1.1
    Sender;
  2. 13.1.2
    Recipient – if the sender has waived their right to file a claim or if the postal shipment has been delivered to the recipient.
2. 13.2
  The sender or recipient may file a claim at any branch of the Operator or electronically in accordance with these GTC.
3. 13.3
  A claim can be filed within 12 months from the date of sending a postal shipment.
4. 13.4
  Claims are filed in written, electronic or verbal form for recording at the Operator's branch.
5. 13.5
  Claims can be filed via electronic means to the Operator's email address: support_de@novapost.com.
6. 13.6
  Filing an electronic claim with the indicated e-mail address of the claimant means consent to the delivery of mails for consideration of the claim by means of electronic communication to the e-mail address indicated by the claimant.
7. 13.7
  The claim must contain the following information:
  
  a) First and last name of the sender or recipient, or the name and address for correspondence, or the address of the location of the sender or recipient, hereinafter referred to as the claimant;
  b) Claim subject;
  c) Date and place of dispatch of the postal shipment;
  d) The number of the document confirming receipt or the shipment number (parcel label);
  e) Grounds for the claim;
  f) Compensation amount, if the claimant claims compensation;
  g) Claimant's signature, if the claim is submitted in writing;
  h) Date of filing a claim;
  i) List of attached documents.
8. 13.8
  The following should be attached to the claims submitted in a form other than electronic:
  
  a) For verification: the original document confirming the forwarding of the postal shipment, if such a document was issued by the sender's postal operator;
  b) The sender's statement of waiver of the right to appeal, if they waive any claims in favor of the recipient;
  c) Packaging of the damaged postal shipment at the request of the postal operator;
  d) A statement on the detection of invisible loss or damage to the postal shipment with a description of the circumstances or evidence justifying the claim for damages;
  e) A detailed description of the circumstances confirming the shipment or delivery, together with relevant evidence;
  f) Documents confirming improper provision of postal services.
9. 13.9
  Copies of the above documents must be attached to electronically submitted claims. If necessary, for the proper consideration of the claim, the Operator may request the originals of these documents.
10. 13.10
  The originals are returned to the claimant at their request at any time with a receipt. In the absence of a request, the Operator returns them to the claimant no later than after the completion of the claim consideration.
11. 13.11
  If the claim does not meet the requirements set forth in the notice, the Operator, if it deems it necessary for the proper consideration of the claim, requires the claimant to eliminate the deficiencies within 7 days from the date of delivery of the claim, indicating the deficiencies that must be eliminated. The request must state that failure to correct the deficiencies within the prescribed period will result in the rejection of the claim. After the deadline, the claim will be rejected. The specified term is not included in the term of consideration of the claim.
12. 13.12
  In case of complete or partial rejection of the claim, the Operator initiates the objection or appeal procedure.
13. 13.13
  Claims about failure to perform or improper performance of postal services can be submitted:
  
  a) within 12 months from the date of dispatch for the loss or damage of a postal shipment, except for a postal shipment with correspondence or a postal shipment with a declared value;
  b) within 2 months from the date of dispatch of the shipment for loss or damage of freight shipments;
  c) on the day following the expiration of the period during which the postal shipment is considered undelivered for the loss of a postal shipment;
  d) for the delayed delivery of the postal shipment before the scheduled delivery date, if such a date is set by the operator – after this date.
14. 13.14
  Claims about failure to perform or improper performance of postal services filed after the deadline will be rejected, and the Operator will immediately notify the claimant.
15. 13.15
  A claim filed by an unauthorized person is considered not filed. The Operator shall immediately inform the claimant about this and about the possibility of filing a claim by an authorized person.
16. 13.16
  After receiving the claim, the Operator confirms receipt of the claim and the documents attached thereto.
17. 13.17
  If the claim is filed electronically, the Operator shall immediately send an electronic confirmation of receipt of the claim.
18. 13.18
  The Operator shall consider the claim without undue delay and provide an answer within a maximum of 30 days from the date of receipt of the claim.
19. 13.19
  The response to the claim must contain the following information:
  a) the name of the operator and, if the operator has appointed a branch responsible for handling the claim, the name of this branch;
  b) reference to the legal basis;
  c) decision on full or partial satisfaction or rejection of the claim;
  d) the amount of compensation and information on the method and date of payment within 30 days from the date of satisfaction of the claim, in case of providing compensation;
  e) first and last name and position of the Operator’s employee authorized to consider the claim;
  f) factual and legal justification, in case of complete or partial rejection of the claim;
  g) information on the delay of parcels, if the claim concerns a parcel delayed by the Operator.
20. 13.20
  In case of complete or partial rejection of the claim, the claimant can file an appeal with the Operator within 14 days from the moment of receiving the response to the claim.
21. 13.21
  In case of untimely appeal of the decision on the claim, the claim is rejected after the expiration of the established period, and the Operator shall inform the claimant of such rejection without undue delay.
22. 13.22
  The Operator shall immediately consider the appeal and notify the claimant of the decision within 30 days from the date of receiving the appeal.
23. 13.23
  The decision must contain information about the exhaustion of the out-of-court objection review procedure and the right to judicial or out-of-court settlement at the consumer service center.
24. 13.24
  If the Operator does not respond to the claim, it is considered admitted.
14
OPERATOR'S LIABILITY. INDEMNIFICATION. IMPROPER PERFORMANCE OR NON-PERFORMANCE OF POSTAL SERVICES
1. 14.1
  The rules governing the Operator's liability in case of non-performance or improper performance of the service are governed by the Civil Code, the Law on Postal Communications, the Law on Transport and the GTC.
2. 14.2
  The Operator, who signed a postal service or transport and forwarding service agreement with the sender, shall not be liable for non-performance or improper performance of postal or transport and forwarding services, if such non-performance or improper performance is a consequence of:
  
  a) circumstances of insuperable force,
  b) the fault of the sender or recipient,
  c) violation by the sender or recipient of applicable legislation or general terms and conditions,
  d) the nature of the shipped freight.
3. 14.3
  The Operator who refers to reasons that exclude the Operator's liability for non-performance or improper performance of postal or forwarding services shall bear the burden of proof.
4. 14.4
  The Operator’s liability for non-performance or improper performance of postal or transport and forwarding services is unlimited in the following cases
  
  a) administrative or criminal offense;
  b) intentional misconduct;
  c) gross negligence on the part of the Operator.
5. 14.5
  Claims regarding improper performance of postal or transport and forwarding services are settled by receiving the parcel without claims. In case of detection of hidden defects, the recipient must report them no later than 7 days after receiving the postal item. The recipient must prove that defects or damage to the postal shipment occurred during delivery and before acceptance of the postal shipment.
6. 14.6
  Notifications of improper performance or failure to perform postal or freight forwarding services must be made in writing, by e-mail to support_de@novapost.com or verbally against written acknowledgement at the branch.
7. 14.7
  The Operator shall review notifications of failure to perform or improper performance of postal or forwarding services in accordance with the claim handling procedure provided for in clause 13 of these GTC.
8. 14.8
  Failure to perform or improper performance of postal or forwarding services shall be compensated as follows:
  
  a) for the loss, partial loss or damage of the postal shipment, and in the case of forwarding freight with a declared value – in the amount of the damage declared by the sender, but not higher than the declared value of the postal shipment's transport and forwarding services,
  b) for the loss of a parcel with correspondence – in the amount of ten times the fee for the service,
  c) for delay in the delivery of the postal shipment within the scheduled delivery period - in the amount of twice the fee for the service.
9. 14.9
  In case of non-provision of postal or transport and forwarding services, the Operator shall refund the fee paid for postal or transport and forwarding services in full, regardless of due compensation.
10. 14.10
  Failure to provide postal or transport and forwarding services is considered loss (including loss or damage) of a postal shipment.
11. 14.11
  Failure to properly provide postal or transport and forwarding services includes, but is not limited to, the following:
  
  a) provision of postal or transport and forwarding services in a way that does not comply with the agreement on the provision of postal or transport and forwarding services, regulatory acts or current legislation;
  b) the Operator’s failure to deliver the parcel with a scheduled delivery date;
  c) damage to the postal shipment.
12. 14.12
  In case of compensation, it must be transferred to the bank account indicated by the authorized person within 14 days from the date of delivery of the final decision on granting compensation.
15
SETTLEMENT OF DISPUTES. ALTERNATIVE SETTLEMENT OF CONSUMER DISPUTES
1. 15.1
  Before filing a claim to the Operator, the recipient of services or another authorized person must use the claim review procedure in accordance with clause 13 of these GTC.
2. 15.2
  The consumer may apply to the following arbitration body for the resolution of disputes with the Operator regarding postal services in accordance with the terms of Article 18a of the Law on Postal Services:
  
  Federal Power, Gas, Telecommunications, Posts and Railways Network Agency
  (Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen)
  Postal Arbitration Commission
  Tulpenfeld 4,
  53113 Bonn
  
  The Operator is obliged to participate in relations with consumers. No fees or costs are charged for the arbitration. Each party shall bear its own costs related to arbitration. Further information on the requirements and the online application for the conciliation procedure can be found at www.bundesnetzagentur.de/post-schlichtungsstelle.
3. 15.3
  The place of performance and jurisdiction for business objects is the location of the branch, to which the sender has sent the order. If the sender is a consumer, the legal provisions of their country of residence apply. If, after concluding the agreement, the sender changes their place of residence or usual place of residence outside the scope of the Civil Procedure Code, or their place of residence or usual place of residence is unknown at the time of filing the claim, the place of performance and jurisdiction shall be the location of the Operator's branch, to which sender has sent the order.
16
FORCE MAJEURE
1. 16.1
  Circumstances of insuperable force are natural disasters such as floods, storm surges, volcanic eruptions, hurricanes and typhoons, as well as other catastrophic weather conditions, earthquakes, lightning, avalanches and landslides, fires, contagious diseases, pandemics, epidemics and infectious diseases, war or hostilities, riots, revolution, military or civilian coup, insurrections, blockades, official and governmental orders, strikes, lockouts or other circumstances beyond the Operator’s control. If the occurrence of such circumstances of insuperable force may endanger the safety of the Operator, the sender, the recipient or organizations involved in the provision of postal or forwarding services, or if there is a risk that the ability to provide postal or forwarding services will be jeopardized, the Operator has the right to suspend or limit the provision of postal and/or transport and forwarding services for the duration of such circumstances of insuperable force.
2. 16.2
  The suspension or limitation of the provision of postal and/or transport and forwarding services may be applied to all or part of the territory of the postal and/or transport and forwarding services.
3. 16.3
  The suspension or limitation of the provision of postal and/or transport and forwarding services shall be applied during the period of these circumstances of insuperable force from the date of introduction of restrictions by the competent authority or from the date of announcement of suspension or limitation by the Operator.
4. 16.4
  The Operator shall publish an announcement on the website about the suspension or limitation of the provision of its postal and/or transport and forwarding services.
5. 16.5
  The Operator may extend the suspension or limitation of the provision of postal and/or transport and forwarding services for a period of up to 10 business days after the expiration of the circumstances of insuperable force that led to their introduction, which is to be reported on the website.
6. 16.6
  The suspension or limitation of the provision of postal and/or transport and forwarding services excludes the Operator's responsibility for failure to perform or improper performance of postal services in the part caused by the circumstances of insuperable force specified in clause 16.1.
7. 16.7
  In case of circumstances leading to the suspension or limitation of the provision of postal and/or transport and forwarding services in accordance with clause 16.1, the recipient has the right to refuse the performance of postal and/or transport and forwarding services to the extent affected by the suspension or limitation, and withdraw from the agreement.
17
PROTECTION OF PERSONAL DATA AND POSTAL SECRECY
1. 17.1
  The Operator is the manager of personal data of senders, recipients, recipients of services, including those who are individuals within the meaning of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 on the processing of personal data.
2. 17.2
  The Operator is not an authorized controller of personal data that may be contained in postal shipments.
3. 17.3
  The Operator provides detailed information on the processing and protection of personal data by the Operator on the website.
4. 17.4
  The Operator and its cooperators in the provision of postal or forwarding services are obliged to maintain postal secrecy under the conditions established by current legislation.
5. 17.5
  Postal secrecy applies to the data of recipients, senders, recipients of services, information on the performance and circumstances of providing postal or forwarding services, and information on dispatch.
6. 17.6
  The obligation to maintain postal secrecy shall continue for an indefinite period.
7. 17.7
  Postal secrecy is considered violated as follows:
  
  a) unauthorized disclosure or processing of information or data constituting a postal secrecy;
  b) unauthorized opening of sealed postal shipments or inspection of their content;
  c) enabling third parties to violate postal secrecy.
8. 17.8
  Postal secrecy is considered not violated as follows:
  
  a) Actions that violate postal secrecy in cases provided for by legislation or these GTC;
  b) Use of reference information by the Operator, including information about persons using its postal services and the nature of these services, if these data are published with the consent of the persons whom they relate to.
18
SUPPLEMENTAL AND FINAL PROVISIONS
1. 18.1
  The current version of the GTC is available on the website and in branches.
2. 18.2
  The Operator informs about changes in the GTC and the price list on the website.
3. 18.3
  Appendices to the GTC are an integral part of the GTC.
4. 18.4
  The provisions of the current legislation, in particular the Law on Postal Services, the Economic and Civil Codes, are applied to the extent provided for by the GTC.
5. 18.5
  The invalidity of any provision of this agreement does not affect the validity of the remainder hereof.

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