TERMS AND CONDITIONS OF POSTAL SERVICES
- 1GENERAL PROVISIONS
These terms (“Terms”) govern the provision of postal services of NOVA POSHTA DELIVERY, S.L., with its registered seat at Marina street, 16-18, 08005 Barcelona, Identification number B56581192 (“Company”), to Customers (as defined below).- 1.1Capitalized terms used in these Terms have their meaning specified further in this Article 1.2:
- 1.1.1Additional Services – additional services specified in Article 7 herein, which are services with additional payment according to the Pricelist;
- 1.1.2Address – a reference to the place of delivery of a postal item specified by the Sender in a postal remittance, or a reference to the place of their return to the Sender;
- 1.1.3Address Label – a label with the Address of the Recipient generated by the Sender when ordering a Parcel Delivery;
- 1.1.4Business Customer – a customer of the Operator that uses the Services within the framework of its business activities;
- 1.1.5Business Days – ordinary days from Monday to Friday, except public holidays in Spain;
- 1.1.6Branch – the facility of the Operator where it is possible to send and receive Parcels. For the purpose of sending and receiving Parcels, Branches are also locations operated through third parties other than the Operator, which are not operated by the Operator;
- 1.1.7Cargo - an item with an actual or volumetric weight of more than 30 kg that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms and the meaning of the Postal Service Act;
- 1.1.8Consumer – a natural person who performs a transaction with the Operator that is not directly related to its business or professional activities;
- 1.1.9Customer – a Business Customer or a Consumer;
- 1.1.10Operator – the Company; if the context so provides, Operator also means an authorized person acting on behalf of the Operator;
- 1.1.11Operator's Mobile Application – means the software for quick access to the information on transportation of Parcels running on smartphones with Android and iOS operating systems. The Mobile Application allows the Customer to create Address Labels in a convenient form, find the nearest Branch, calculate the cost of the Services, track the location of a Parcel, use Parcel Lockers or call the courier at a convenient time, as well as other functions currently offered by the Mobile Application. Use of the Mobile Application is subject to the Operator's application terms of use available at iOS - https://apps.apple.com/ua/app/nova-post/id1644647080?l=uk; Android - https://play.google.com/store/apps/details?id=eu.novapost
- 1.1.12Parcel – an item that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms and the meaning of the Postal Service Act;
- 1.1.13Parcel Delivery – a service of delivery of Parcels within the territory of Spain or internationally;
- 1.1.14Parcel Locker – a machine which allows sending and picking up Parcels using the access data provided by the Operator or its partner;
- 1.1.15Parcel Shipment Form – the form provided by the Operator when a Customer orders a Postal Service;
- 1.1.16Postal Service Act – Law 43/2010, 30th December, on universal postal service, users’ rights and postal market;
- 1.1.17Postal Service Agreement – the agreement between the Sender and the Operator, under which the Operator provides Parcel Delivery or Postal Transfer to the Sender;
- 1.1.18Postal Services – postal services within the meaning of the Postal Service Act;
- 1.1.19Pricelist – the Operator's current list of prices for Services;
- 1.1.20Recipient – a person specified by the Sender as a Recipient of the Parcel Delivery;
- 1.1.21Sender – a person who has concluded a Postal Service Agreement with the Operator;
- 1.1.22Services – Postal Services and/or Additional Services;
- 1.1.23
- 1.2By handing over the Parcel to the Operator, the Customer confirms that he/she has read and agrees with these Terms.
- 1.3The current version of these Terms is available on the Website and at every Branch.
- 2CATALOG OF POSTAL SERVICES
- 2.1The Operator provides the following Postal Services:
- 2.1.1Documents delivery
a) Weight: maximum permissible weight is 1 kg;
b) Dimensions: length – up to 35 cm, width – up to 25 cm, height – up to 2 cm; and
c) Other information: package or carton envelope; - 2.1.2Parcel delivery
a) Weight: maximum permissible weight is 30 kg;
b) Dimensions: largest side not greater than 120 cm, and the total sum of all sides not greater than 150 cm; and
c) Other information: is rectangular in shape;
d) The parcel value may not exceed of €10 000. - 2.1.3Cargo delivery to the Branch
a) Weight: maximum permissible weight is 100 kg;
b) Dimensions: largest side not greater than 300 cm, other sides not greater than 170 cm; and
c) Other information: is rectangular in shape;
d) The cargo value may not exceed of €10 000.
- 2.2The Operator provides Postal Services in the following variants:
- 2.2.1Address–Address – receiving of Parcel at the Sender's address and its delivery to the Recipient's address.
- 2.2.2Address–Branch – receiving of Parcel at the Sender's address and its delivery to the Recipient at the Branch in the Recipient's city.
- 2.2.3Address–Parcel Locker – receiving of Parcel at the Sender's address and its delivery to the Recipient's Parcel Locker.
- 2.2.4Branch–Branch – receiving of Parcel from the Sender at the Branch in the Sender's city and its delivery to the Recipient at the Branch in the Recipient's city.
- 2.2.5Branch–Address – receiving of Parcel from the Sender at the Branch in the Sender's city and its delivery to the Recipient's address.
- 2.2.6Branch–Parcel Locker – receiving of Parcel from the Sender at the Branch in the Sender's city and its delivery to the Recipient's Parcel Locker.
- 2.3In case of closure, temporary unavailability, or transfer of the dispatch point or Parcel Locker, the Operator shall have the right to change the place or method of delivery upon prior notice to the Customer.
- 3GENERAL CONDITIONS OF POSTAL SERVICES
- 3.1Postal services shall be provided by the Operator to Customers.
- 3.2The Operator shall provide Postal Services on the dates indicated on the Website for Postal Services.
- 3.3The Operator provides Postal Services on the territory of Spain and in international trade, in countries specified on the Website.
- 3.4The conclusion of the Postal Service Agreement takes place, in particular, by the Operator's acceptance of the Parcel for transportation and delivery. The Pricelist on the Website applies.
- 3.5The Operator is not obliged to conclude a Postal Service Agreement with Recipient if the contents of such should also be deviations from these Terms or additions thereto.
- 3.6Acceptance and delivery of the Parcel shall be performed on Business Days.
- 3.7The availability of delivery and dispatch to and from the Parcel Lockers is specified on the Website. Delivery of Parcels to the Parcel Locker is possible to the Parcel Locker within the territory of Spain and other Countries specified on the Website.
- 4RECEIVING AND ISSUING PARCELS, PROVISION OF POSTAL SERVICES.
- 4.1General rules. Delivery, return and refund rules.
- 4.1.1The Parcel must be properly packaged by the Sender, ensuring the safety of the Postal Service and delivery of the contents of the Parcel intact, in particular, the packaging, closure and internal packing of consignments shall be appropriate to the nature, weight, method of collection, distribution and time of delivery, ensuring that its contents are undamaged by normal handling in the course of delivery of the Parcel. The Operator may, at the Sender's request, package the Parcel as an Additional service.
- 4.1.2The way of packaging the Parcel shall comply with the packaging rules posted on the Website.
- 4.1.3The way of packaging the Parcel must ensure that it is marked with the corresponding Address Label.
- 4.1.4Parcels exceeding the permissible dimensions or weight limits are accepted for transportation only after a prior agreement with the Operator.
- 4.1.5If it is necessary to declare the value of the Parcel by the Sender in order to perform the Postal Service, the value must correspond to the actual value of the Parcel's contents. The declared value of the Parcel may affect the price of the Postal Service in accordance with the applicable Pricelist.
- 4.1.6The Sender has to specify exactly the address of the Recipient or the address of the Parcel Locker or Branch, where the Parcel is to be delivered. The Sender is responsible for the correctness of the data specified for delivery of the Parcel.
- 4.1.7The Sender orders a Postal Service through the Website specifying, as required therein, the variant of the Postal Service, address of the Sender and the Recipient, and/or method and place of delivery.
- 4.1.8After placing the order for the Postal Service through the Website, the Sender gets an opportunity to create an Address Label, which must be clearly and firmly attached to the package of the Parcel before the Parcel is shipped.
- 4.1.9Any marking applied by the Sender to the package of the Parcel shall not cover the Address Label and may not contain any content prohibited by law and these Terms.
- 4.1.10The Sender shall pay for the provision of Postal Services in advance according to the selected type of the Postal Service and Pricelist using the payment methods available on the Website, except for the payment on delivery option, in which case the provision of the Postal Service is paid on the conditions specified by these Terms.
- 4.1.11The Operator shall refuse to enter into a Postal Service Agreement or may withdraw there from any other agreement with a Customer, if:
a) in case of Parcel Delivery, the Sender does not meet the requirements for the provision of Postal Services set forth in the Postal Service Act or in the regulations issued on its basis, as well as in these Terms;
b) the contents or packaging of the Parcel puts third parties or the Operator at risk of damage;
c) there are inscriptions, pictures, drawings, or other symbols on the package of the Sender or in a visible part of its contents which violate the applicable law or other regulation;
d) the Postal Service would be performed in whole or in part in a territory where the Operator is not authorized to provide such service, unless the Operator enters into a cooperation agreement enabling the provision of such service in such territory;
e) acceptance or transportation of the Package is prohibited by applicable law or other regulations. - 4.1.12The Operator shall have the right:
a) to refuse to enter into the Postal Service Agreement, if the Parcel does not meet the conditions required for the provision of the Postal Service as determined by the Operator;
b) to withdraw from the Postal Service Agreement, if the Parcel does not meet the conditions specified in the Postal Service Agreement. - 4.1.13If the Operator, for the reasons stated above, withdraws from the Postal Service Agreement, the accepted Parcel shall be returned to the Sender at the Sender's expense and the fee for the Postal Service shall be refunded to the Sender (the Operator shall be entitled to deduct expenses for returning the Parcel from the refunded fee).
- 4.1.14The Operator who has concluded the Postal Service Agreement with the Sender shall indicate the received Parcel with the information about acceptance of payment for the Postal Service or indicate the method of payment for the Postal Service and shall allow its identification.
- 4.1.15The Parcel that cannot be delivered to the Recipient Section 12 applies.
- 4.1.16The returned Parcel shall be returned back to the Sender under the same conditions under which it was sent to the Recipient.
- 4.1.17If the Sender does not receive the Parcel within 7 days from the date of the Sender's notice of return, the Parcel shall be deemed unclaimed.
- 4.1.18Operator may open a Parcel when the Sender, the Recipient or its representatives agree, or through a judicial resolution.
- 4.2Size and weight of the Parcel
- 4.2.1The price of the Postal service may depend on the weight and size of the Parcel in accordance with the Pricelist.
- 4.2.2There are two ways to determine the weight of the Parcel: actual and volumetric. The cost of Postal Services, where applicable, shall be calculated by the greater weight value – actual or volumetric – according to the Pricelist.
- 4.2.3The actual weight shall be determined by weighing the Parcel on the scales.
- 4.2.4The volumetric weight is determined based on the external dimensions of the Parcel (whereas the external dimensions in the case of irregular shape are measured according to the most protruding points) using the formula: Volumetric weight [kg] = Length [cm] × Width [cm] × Height [cm] / 4 000.
- 4.3Parcel and cargo
- 4.3.1Parcels can be accepted by the Operator at a Branch, via a Parcel Locker, or at the Address specified by the Sender.
- 4.3.2Cargos can be accepted by the Operator at a Branch, specified by the Operator on the Website.
- 4.3.3The Recipient of the service who wishes to send a Parcel or a Cargo bring them to the Branch or fills out a Parcel shipment form through the Website and pays the service fee.
- 4.3.4The Address Label shall be valid for 14 days from the day of its creation via the Website. After this period, the Address Label expires.
- 4.3.5When forming the Parcel Shipment Form, the Customer receives the number of the shipment, by which it is possible to get information about the status of the Postal Service.
- 4.3.6When receiving the shipment, the Operator checks the completeness of the Address and the payment for the Services.
- 4.3.7If the Operator discovers the absence of the correct Address Label, incomplete Address, or incorrect packaging of the shipment, the Operator has the right to refuse to accept the shipment.
- 4.3.8Receiving of the shipment by the Operator does not mean that the contents of the Parcel or Cargo have been checked and correspond to these Terms and the applicable law or other regulation. The Sender is responsible for the correct packaging of the shipment, its compliance with the applicable law and other regulation.
- 4.3.9Parcels or Cargos in the form of corrugated cardboard packages, connected with each other by stretch film and tape, are not accepted. Notwithstanding the previous sentence, a Parcel of bundled packages can be sent from a Branch provided the following conditions are met:
a) the Parcel or Cargo contains only textile products (clothing, fabric, soft goods);
b) the total weight of the Parcel does not exceed 10 kg; and
c) the packages are connected by at least five layers of stretch film and tape to form a single Parcel. - 4.3.10Parcels and Cargos accepted by the Operator after 3 p.m. will be dispatched the next Business Day.
- 4.3.11If doubts arise that a Parcel or Cargo contains items of a prohibited category specified in Article 9 of these Terms, the Operator's representative is entitled to request that the Parcel or Cargo and its contents are inspected.
- 4.3.12In case of refusal and/or discovery of prohibited contents of the Parcel or Cargo specified in Article 9 of these Terms, the Operator's representative is entitled to refuse the provision of Postal Services for the Parcel or the Cargo.
- 4.4Detailed conditions of Address services
- 4.4.1In case of the address services, Parcels cannot exceed 30 kg per Parcel, the maximum length together with the packing cannot exceed 120 cm, and the sum of dimensions cannot exceed 150 cm, unless the Operator and Customer agree otherwise.
- 4.4.2The Customer must allow the representative of the Operator to (i) reach the place indicated as the address of receipt and (ii) drive in the car near the indicated address of receipt of the Parcel within the distance of not more than 50 meters.
- 4.4.3If the total weight of the Parcel, in total, exceeds 30 kg, the Customer shall ensure loading of the Parcel on the Operator's vehicles himself.
- 4.4.4The Customer shall provide packaging, labeling and information support for the Parcel in accordance with the provisions of these Terms.
- 4.4.5The Customer is obliged to provide the Operator with an opportunity to receive the Parcel, drawn up in accordance with these Terms, at the specified date and place.
- 4.5Detailed conditions of Parcels received at a Parcel Locker
- 4.5.1A Parcel received at a Parcel Locker within the territory of Spain shall meet the following parameters:
a) the maximum permissible weight is 25 kg;
b) the dimensions are 41 × 38 × 64 cm; and
c) the value of the Parcel may not exceed €10 000. - 4.5.2If these parameters are not met, the Operator has the right to not accept the Parcel and refuse the provision of Postal Services.
A Parcel may be put by the Sender in a Parcel Locker if there are free boxes. The Operator does not guarantee the availability of the boxes at any time during the operation of the Parcel Locker. - 4.5.3The location of the Parcel Lockers is available on the Website.
- 4.5.4If there are problems with creating the Address Label, opening the box, or other, the Sender can get help by calling the contact number of the Operator available on the Website.
- 4.5.5The Parcel distribution schedule is available on the Website.
- 4.6General rules of Parcel Delivery
- 4.6.1The term of Parcel Delivery is from 1 Business Days for delivery within Spain and from 5 Business Days for international delivery.
- 4.6.2Delivery of Parcels with guaranteed time of delivery is possible under the conditions agreed with the Customer in the individual Postal Service Agreement.
- 4.6.3The Sender and the Recipient can track the Parcels through the Website after specifying the Parcel's number.
- 4.6.4When delivering international Parcels, the Customer bears all costs related to customs clearance and also bears the risk related to the actions of customs authorities and border guards on the Parcel and its contents.
- 4.6.5If, according to the Sender's information, the Parcel includes items that are allowed to be purchased only by adults, the Operator may require the Recipient of the Parcel to present a document proving that the Recipient is of legal age. In case of refusal to provide the document, the Operator may refuse to deliver the Parcel.
- 4.7Detailed rules for delivering and sending Parcels to the Branch
- 4.7.1If the Sender is the payer of the Service and the form of payment is cash, the Sender shall settle with the Operator's representative. The Sender is obliged to inform the Recipient of the number of the Parcel and the date of delivery and familiarize the Recipient with these Terms.
- 4.7.2To receive the Parcel at the Branch, the Recipient shall indicate the number of the Parcel or the number of the cell phone to which the SMS notification about the possibility of receiving the Parcel was sent.
- 4.7.3The Recipient who is a natural person, or a person receiving the Package on behalf of the Recipient who is a legal person (for the purpose of this Article 4.7, the “Recipient” shall mean, where applicable, both) shall confirm their identity to the Operator's representative by presenting a valid identity document.
- 4.7.4Delivering a Parcel without confirming the Recipient's identity is possible, if the declared value of the Parcel is less than €10 000 and the Recipient knows the number of the Parcel and can provide the receiving code sent in the form of an SMS message to the number specified as the Recipient's number.
- 4.7.5In order to receive a Parcel with the value of €10 000 or more, the Recipient must provide a document confirming his or her identity and indicate the receiving code sent in the form of an SMS message to the number indicated as the Recipient's number or acknowledge receipt message by answering an incoming call to the number indicated as the Recipient's number.
- 4.7.6Person who is not specified as the Recipient of the Parcel shall receive the Parcel after he/she specifies the number of the Parcel and presents the corresponding authorization to receive the Parcel. A Parcel, the value of which does not exceed €10 000, addressed to a Recipient who is a natural person may be received by a person in the same household upon presentation of a document confirming the residency in such household or kinship with the Recipient.
- 4.7.7Receipt of the Parcel at the Branch is possible during working hours of the Branch.
- 4.7.8Under the conditions stipulated for delivery at the Branch, it is possible to send the Parcel at the pick-up and delivery point, which is a format of the Branch located on the territory of an operating enterprise (grocery store, clothing/home improvement store, mini-market, pharmacy, etc.) where only the Parcel with the declared value less than €10 000, weighing not more than 25 kg, for which the maximum length of one side of the Parcel does not exceed 60 cm, can be collected or sent. If the Parcel is not picked up by the Recipient within 5 days, it shall be handed over to the nearest Branch.
- 4.8Detailed rules of delivery of Parcels to the Address
- 4.8.1In case of delivery of the Parcel to the Address, the Recipient shall receive an SMS message on the telephone number specified by the Sender about the scheduled date of delivery of the Parcel.
- 4.8.2If the delivery is made to the Address, in the absence of the Recipient or a member of the same household able to receive the Parcel, the Parcel shall be delivered by the Operator to a Branch, where the Parcel can be picked up by the Recipient according to the Article 4.7 of these Terms, unless specified otherwise below. The Parcel can be picked up within 7 days from the date of notification to the Recipient of the possibility of picking up the Package at the Branch, after which it could be returned to the Sender without prior notice.
- 4.8.3The Operator is not required to verify the identity of the person receiving the parcel at the Address. The person receiving the parcel at the Address shall be deemed to have the right to receive the Parcel.
- 4.8.4Upon receipt of the Parcel by the Recipient or a member of the same household, the Operator may require such person to confirm a receipt. Refusal to confirm the receipt means refusal to receive the Parcel. The Operator shall then proceed analogically to Article 4.8.2 of these Terms.
- 4.8.5In case of delivery of the Parcel for which the Parcel Delivery was ordered only to the hands of the Recipient, the Recipient shall be obliged to present a document proving his identity upon request of the Operator's representative. In case of absence of such document, the Operator's representative may refuse to deliver the Parcel. The Operator shall then proceed analogically to Article 4.8.2 of these Terms.
- 4.8.6The time of presence of the Operator's representative at the Address in connection with the delivery of the Parcel shall not exceed 15 minutes.
- 4.8.7Delivery of a Parcel to the Address is possible only if it is possible to reach the specified Address by car within a distance of not more than 50 m. Delivery of a Parcel to the Address is possible only for shipments weighing up to 30 kg.
- 4.8.8Upon the Receiver's request, it is possible to postpone the delivery of the Parcel by up to 5 Business Days.
- 4.9Detailed conditions of Parcels delivered to a Parcel Locker
- 4.9.1A Parcel delivered to a Parcel Locker within the territory of Ukraine shall meet the following parameters:
a) the maximum permissible weight is 20 kg;
b) the dimensions are 40 × 30 × 60 cm; and
c) the value of the Parcel may not exceed €10 000 - 4.9.2A Parcel delivered to a Parcel Locker within the territory of Spain, shall meet following parameters:
a) the maximum permissible weight is 25 kg;
b) the dimensions are 41 × 38 × 64 cm; and
c) the value of the Parcel may not exceed €10 000. - 4.9.3If these parameters are not met, the Parcel shall be sent to the nearest Branch.
- 4.9.4Delivering Parcels to the Parcel Locker is not possible for more than one Parcel per Address Label.
- 4.9.5The Recipient receives an SMS message after the Parcel is placed in the Parcel Locker to the phone number specified by the Sender.
- 4.9.6In order to receive the Parcel in the Parcel Locker, it is necessary to install the Mobile Application and authorize using the cell phone number specified as the number of the Recipient.
- 4.9.7In case the Recipient pays for the Parcel, it is necessary to pay for it with a bank card in the Mobile Application prior to receiving the Parcel. Detailed Mobile Application terms are available on the Website.
- 4.9.8The Operator places the Parcel in the Parcel Locker as long as there are free boxes in the Parcel Locker. In case there are no free boxes in the Parcel Locker, the Operator shall have the right to transfer the Parcel to another Parcel Locker located nearby, change the date of delivery, or change the form of delivery. The Operator shall notify the Recipient thereof.
- 4.9.9The parcel distribution schedule is available on the Website.
- 4.9.10The terms of use of Parcel Lockers of the Operator's partner are available at partners websites, specified on the Website.
- 5INFORMATION REQUIRED FOR REGISTERED SENDING
- 5.1For the purposes of the provision of Services, the Sender is required to provide information specified bellow in this Section 5.
- 5.2Information about the Sender:
- 5.2.1For legal persons and natural persons-entrepreneurs: full name, identification number, address (headquarters), Branch for dispatch, if applicable, Cell phone number and e-mail of the contact person.
- 5.2.2For natural persons: full name, address (residence), Branch for dispatch, if applicable, cell phone number and e-mail.
- 5.3Recipient Information:
- 5.3.1For legal persons and natural persons-entrepreneurs: full name, identification number, address (headquarters), Branch for delivery, if applicable, cell phone number and e-mail of the contact person.
- 5.3.2For natural persons: full name, address (residence), Branch for delivery, if applicable, cell phone number and e-mail.
- 5.4Shipping information of the Parcel: number of pieces, actual weight and dimensions, hs code, declared value, description of contents, selected variant of Postal Services.
- 5.5Payer for Services.
- 5.6Form of payment (cash/non-cash).
- 5.7Selected Additional Services.
- 5.8Other information that can affect the quality, duration, and cost of Services for example conditions of delivery, country of origin of the goods, detailed descriptions.
- 6PAYMENTS
- 6.1Fees for Services shall be determined in accordance with the current Pricelist.
- 6.2The Sender must provide the Operator with all the information to determine the total price for the selected Services. In particular, the Operator shall determine the price on the basis of counting and/or measuring the Parcel.
- 6.3In the event of a delay in payment of the price (or part thereof) for a Service for more than 15 days, the Operator shall be entitled to suspend the provision of all Services until the owed sum has been paid in full.
- 7ADDITIONAL SERVICES
- 7.1The Operator provides, upon the Customer's request, the following Additional Services, which are Services with additional payment according to the Pricelist:
- 7.1.1Packaging – consists in placing the Parcel in the appropriate type of packaging that will contribute to the safety of its transportation and storage and its protection. The Parcel is packed in packages from the assortment offered by the Operator.
- 8OPERATOR'S SERVICES
- 8.1“Business Account” is a user account which is accessed via the Website and through which the Customer can create Address Labels, order Additional services, etc. on its own.
- 8.2“Recovering the Number of the Parcel Notification” provides notification of the Recipient or Sender about the number of the Parcel after sending the request to the Operator at the Branch and confirming the identity.
- 8.3“Tracking of a Parcel“ provides the ability to track the location of a Parcel by the number of the Parcel. The service can be used on the Website or via the Mobile Application.
- 8.4“Review of the Parcel” gives the Recipient an opportunity to open the package and to check the condition of the Parcel for external damages and conformity of the goods to the order at the particular desk or in the place of delivery at the Address in the presence of the Operator's representative. The Operator does not provide Review of the Parcel, if such is provided for in the Postal Service Agreement.
- 8.4.1Review of the Parcel is prohibited, if it concerns:
a) connecting devices, media and mechanisms not included in the Parcel (except SIM cards, headphones, batteries, flash drives (e.g., to check the TV matrix for defects));
b) use of consumables available in the Parcel (e.g., perfume bottles for spray testing, cosmetic test products);
c) use of the contents of the Parcel with the Recipient's own belongings, including media (it is prohibited to connect, read, copy);
d) spilling of fuels and lubricants or other liquids in the Parcel requiring them for use;
e) setting passwords for electronic devices that provide such function (phones, tablets, computers or laptops);
f) tearing off factory, advertising, and information stickers from Parcels and their contents (except for stickers applied to packages of computer, electronic and optical products);
g) opening of packed Parcels, the first opening of which is provided by one of these methods (only external inspection for damage is allowed):
i. seals (bags stitched with string; metal or paper stuffing on cans, perforations on the neck of lids on liquid containers, etc.);
ii. thermal film (excluding computer, electronic, optical products and accessories included therein) – a type of packaging film, the feature of which is the ability to shrink under the influence of temperature and take the shape of the packaged product;
iii. blister package – a container or box, embossed in such a way as to repeat the shape and dimensions of the item to be placed inside or to create a container required for the contents of the product, made of heat-resistant plastic and may have a hard printed, metal or plastic coating;
iv. polyethylene laminated containers – containers in which two or more layers of foil are bonded together into one by exposure to high temperatures, an applied adhesive or solvent.
h) disassembly, except for the SIM card or battery installation, without the use of tools not included in the device set;
i) Review of the Parcel outside a Branch (for Parcels sent to the Branch);
j) in case of delivery to the Address:
i. removal of the box in which the Parcel is packed;
ii. connection of portable, home appliances to the electric mains (it is allowed to check for external defects and mechanical damages of the Parcel).
In case of violation of these conditions, the Recipient is obliged to pick up the Parcel and pay the cost of services assigned to him.
- 8.5“Reshipment of the Parcel” gives the Recipient an opportunity to reship the Parcel when he is absent, through the payment of the corresponding compensation.
The Recipient can also reject the Parcel before opening or internally examining it. - 8.6“Information” means informing the Recipient and Sender about the time of arrival, delivery, and storage of the Parcel. The service is provided in the form of SMS messages, messages in Mobile Application, or via WhatsApp, telephone or electronic conversation on the basis of contractual relations with the Operator.
- 8.7“Change of Data” allows the Sender to change the data indicated in the Address Label from the moment of its creation or retrieve the shipment until the Parcel is received by the Recipient. The service can be ordered at the Branch (in the Sender's or Recipient's region; the list of cities belonging to this region can be obtained by calling the Operator) or via a personal manager, by leaving a completed application on the Website by making changes in the Business Account, or by calling the Operator. The service is not available on the day of delivery of the Package to the Address.
- 9TERMS FOR ITEMS AND SUBSTANCES THAT MAY NOT BE THE CONTENTS OF THE PARCEL
- 9.1A Parcel may not contain in particular, but not limited to:
- 9.1.1valid and invalid banknotes and coins, including foreign currency, securities, payment cards, and other means of payment, stamps and postage stamps and other valuables, works of art, jewelry, excluding imitation of jewelry and costume jewelry; precious stones, precious metals, items of antique value and other items of special value, securities with a marked denomination in other than insured mail,
- 9.1.2items of criminal origin;
- 9.1.3weapons, according to Royal Decree 137/1993, 29th January, in weapons;
- 9.1.4explosive, flammable and other dangerous substances, except the biological perishable substances exchanged between official laboratories and the radioactive substances lodged by senders duly authorized;
- 9.1.5cylinders with liquid or gas, including all types of fire extinguishers (except empty cylinders without a valve);
- 9.1.6fluid containers without manufacturer's labels (stickers) with information about the name of the substance, its properties and storage conditions, with signs of deterioration, signs of leakage, unpleasant odor, packaged improperly; if the liquid has chemical properties, appropriate marking is required;
- 9.1.7fluorescent lamps and other products containing mercury or asbestos and products made of them (pipes, slate, etc.);
- 9.1.8used batteries, including those for cars, motorcycles, agricultural machinery. New batteries for cars, motorcycles, agricultural machinery with contacts covered with factory plastic covers (both with and without factory packaging) may be transported only to the address.
- 9.1.9live animals without an special authorization or without being exchanged between official institutions;
- 9.1.10living plants, especially those requiring special transportation conditions;
- 9.1.11specimens of endangered species of wild fauna and wild plants, unless otherwise provided for in a special regulation;
- 9.1.12tobacco products, electronic cigarettes and their parts;
- 9.1.13food products requiring special temperature conditions or with a shelf life of up to 5 days (the expiration date is indicated on the package), chilled or frozen food, dairy products, vegetables and fruit; transportation of other food products may be additionally restricted for territories subject to restrictions or instructions on embargoes, quarantine, etc., as determined by state authorities;
- 9.1.14medicines and hygiene products requiring special storage and transportation conditions, ethyl alcohol, veterinary immunobiological products;
- 9.1.15opium and derivatives, cocaine and other narcotic or psychotropic substances, except when they are sent for medicinal purposes and together with the official authorization;
- 9.1.16flavoring and odor-emitting items, items which are dirty and may cause harm to other objects or to human or animal health (including cooked food, heavily contaminated parts, items in oil or other corrosive substances, bacteria and live), viruses, toxic substances;
- 9.1.17in the case of international shipments, goods whose import or export is forbidden or requires special permission in accordance with the regulations of the respective country of dispatch, transit or destination;
- 9.1.18parcels whose shipping is prohibited to the country of origin or destination.;
- 9.1.19items or goods the circulation of which is restricted or prohibited;
- 9.1.20other items prohibited by applicable law or other regulation and international treaties signed by the Kingdom of Spain;
- 9.1.21items whose traffic is a crime;
- 9.1.22items whose nature or packaging may constitute a danger for the employees of the Operator or cause a damage to other parcels;
- 9.1.23items whose packaging contains texts or drawings that vulnerate human rights;
products subject to a reserved regime and not provided with the special authorization to circulate within the postal network.
- 9.2If there is a reasonable suspicion that the content of the Parcel is unacceptable under the conditions specified in these Terms and applicable laws or other regulation, the Operator shall invite the Sender to open the Parcel. If the Sender denies, the Operator can refuse the admission of the Parcel.
In case the Parcel is already admitted, the Operator shall send the Parcel to the corresponding branch and invite the Recipient to open the Parcel. If the Recipient denies, the Operator shall notify the Authorities. - 9.3Acceptance of the Parcel by the Operator does not mean that the Operator checks its contents and that the performance of the Postal service is acceptable in relation to the specific contents of the Parcel.
- 9.4The Operator is entitled to require the Sender to prove that the item and its treatment comply with the Postal Conditions when concluding a postal contract; however, the Operator is not obliged to ascertain this. The Sender shall be responsible for the content and arrangement of the Parcel.
- 9.5If the Operator detects that the Parcel contains prohibited objects, the Operator will act according to the specific proceedings set forth in article 19 of Royal Decree 1829/1999, 3rd December, on the regulation of postal services.
Those Parcels without a specific proceeding according to article 19 of Royal Decree 1829/1999 shall be returned to the branch of origin so that the Sender collects them. If not collected, the objects will be considered as “remaining”. - 9.6If the Parcel is checked by the Operator, the checking shall be carried out in the presence of the Sender. The Parcel checked by the Operator will be marked with the clear information that the Parcel has been checked.
- 9.7If, as a result of the fact that the Parcel contains unacceptable content, the Operator, its employee or a third party suffers losses in connection with the provision of a Postal Service, the Sender is obliged to compensate such losses in full.
- 10ACCEPTABLE PARAMETERS OF DECLARED VALUE
- 10.1The declared value is the value of the Parcel or Cargo declared by the Sender in the Parcel Shipment Form. The declared value shall be equal to the actual (market) value of the Parcel or Cargo.
- 10.2Damage to the Parcel or Cargo is compensated by payment of an amount corresponding to the declared value, except for the cases provided by Postal Service Act. The Sender is obliged to pay the price set out in the Pricelist for Services ordered. The price of the transport services provided by the Operator is also compensated by the payment of the declared value in the event of Parcel or Cargo damage. In the event of Parcel or Cargo damage, the Sender must provide an affidavit confirming that the Parcel or Cargo has been properly packed and provide a bank account number for reimbursement.
- 11COMPLAINTS
The rights and obligations of Consumers and the Operator are stipulated in the Complaints Procedure Regulation issued by the Operator. - 12PROCEDURE IN CASE OF NON-DELIVERY
- 12.1In the event that it is not possible to deliver the Parcel or the Cargo to the Recipient and the shipment is admitted with receipt that allows to identify the Sender, the Operator shall arrange for the return of the Parcel or Cargo to the Sender or communicate the impossibility to deliver the Parcel, in a 5-day term. If the Operators decides to communicate the impossibility to deliver the Parcel, the Sender will have a 15-day term to decide whether the recovery of the Parcel or the change of the postal address. If the Sender does not decide within such term, the shipment shall be considered as “remaining”.
- 12.2In the event that is not possible to deliver the Parcel of an ordinary service, the Operator shall arrange for the return of the Parcel to the Sender if such data is known to the Operator. If the return is not possible, the shipment shall be considered as “remaining”.
- 12.3The users of the postal service must indicate the postal address of the sender and the recipient. This is mandatory when the shipment has a declared value or certificate guarantee.
- 12.4The Operator shall indicate in the back of the shipment the cause of the impossibility to deliver it.
- 13PROCEDURE FOR OPENING A PARCEL
- 13.1The Parcels can only be stopped or intercepted, and in the event, open, through resolution of the judicial authority.
- 13.2Public servants can intervene the Parcels according to Royal Decree 1829/1999.
- 14PROCEDURE FOR SELLING OR DESTROYING A PARCEL
- 14.1The Operator shall keep during a 6-month term those shipments considered as “remaining”. During such period the Sender or the Recipient can recover the Parcel previous checking of its identity and payment of the storage rights. Once elapsed such 6-mont term, the Parcel will be considered “void”.
- 14.2The Operator shall destroy the Parcel without a declared value that is declared “void”.
- 14.3The Operator will keep during a 3-year term the Parcel with a declared value that cannot be returned. Once this term elapses, the Operator will be able to send them and the product of the selling will cover the deposit expenses.
- 14.4If the shipment is undeliverable for any reason, the Operator will attempt to contact the sender to arrange for the return of the shipment, subject to any local regulatory restrictions. If it is not possible to contact the sender or the sender does not provide instructions within an acceptable time frame, the Operator may return the shipment to the sender, send it for temporary storage, place the shipment in a regular warehouse or a bonded warehouse, or dispose of it, in accordance with the requirements of local law or the applicable local rules of the Operator's partners.
- 14.5If the shipment cannot be delivered, cleared or returned, the Operator may transfer or dispose of the shipment, in accordance with the requirements of local legislation or the applicable local rules of the Operator's partners. The sender is responsible for paying all costs, expenses and payments incurred in the process of returning, storing or disposing of undelivered shipments, except for cases where the shipment was not delivered due to the fault of the Operator.
- 14.6Shipments that cannot be returned due to local regulatory restrictions or applicable local rules of the Operator's partners shall be sent for temporary storage, placed in a regular warehouse or a prescribed customs warehouse or disposed of in accordance with such rules. The Sender agrees to pay all costs incurred by the Operator in connection with such placement or disposal.
- 15FORCE MAJEURE
- 15.1Neither party shall be held liable for any damages or breaches of Postal Service Agreement or delay in the performance of the obligations arising therefrom (with the exception of any payments due hereunder) to the extent these circumstances have been caused by force majeure. Where the delay in the performance of obligations hereunder by either party is caused by force majeure, the date for the performance of the obligation is suspended for the period corresponding to the duration of the force majeure circumstances, and the parties affected must resume performance once the obstacle caused by force majeure has ceased. The party so affected shall make all business efforts reasonably possible to notify the other party and state, as soon as applicable and possible, of the extent and nature of force majeure.
- 15.2Both parties shall make reasonable efforts to mitigate the consequences of force majeure on the performance of their obligations. Where due to force majeure Operator is only able to fulfil its obligation by incurring increased additional costs, these reasonable and agreed-upon costs shall be borne by the Customer.
- 15.3Force majeure shall refer to any event or unforeseeable circumstance outside the reasonable control of the parties which cannot be avoided or prevented in spite of all efforts, and which has not been caused by errors or omissions of the parties so affected. Those include in particular, without limitations, actions in accordance with a decision of any government or other authority, war or national distress, unrests, civil unrests, terrorism, piracy, fires, explosions, floods, computer viruses, cyber-attacks, adverse weather, epidemics, pandemics, lockouts, strikes and other disputes (regardless of whether they concern the workforce of the party or their subcontractors), labor shortage, shortage of materials or services or the inability or delay in the acquisition of shipments.
- 15.4Suspension or restriction of provision of Postal Services in accordance with Article 5 of these Terms may be imposed on the entire territory or a part thereof where the Operator provides Postal Services. The Operator shall place announcements on the Website about the suspension or restriction of the provision of the Postal Services.
- 15.5The Operator may extend the duration of suspension or restriction of provision of Postal Services in accordance with Article 5 of these Terms for up to 10 Business Days after the end of the circumstances that caused its introduction, as announced on the Website.
- 16PROTECTION OF PERSONAL DATA AND POSTAL SECRET
- 16.1The subject of postal secret is:
- 16.1.1information and data related to Parcels and the Postal Services provided or rendered in connection therewith, except for information of a statistical nature which does not indicate who was the Sender or the Recipient of the Parcel;
- 16.1.2the content of correspondence; or
- 16.1.3the content of other postal items.
- 16.2The Operator and any individual who gains access to information protected by postal secret are obligated to maintain confidentiality of such information and prevent its disclosure to any unauthorized parties. The obligation of confidentiality can only be waived in writing by the Sender or the Addressee, their legal representative, or a person acting on their behalf with a valid written power of attorney.
- 16.3The subject of postal secret may only be disclosed by the Operator to the Sender, the Addressee, their legal successor, or a person acting on their behalf based on a written power of attorney with authenticated signature of the principal. The subject of postal secret shall be made available to a court, and upon written request and by court order to other state authority for the purposes of fulfilment of its functions according to a special regulation and to the prosecution body for the purposes of inquiry, investigation, and prosecution of criminal acts.
- 16.4In order to provide Postal Services or fulfil duties prescribed by the Postal Service Act, the Operator has the right to process data, including personal data of the Sender, the Addressee, and their representatives, to the following extent: name, surname, title, address, date of birth, personal identification number, data on proof of identity, bank details, telephone number, email address, relationship of the representative to the Addressee, information on the distribution process, and details regarding the impossibility to deliver the postal item (“Personal Data”). The processing of Personal Data will be restricted to the extent necessary for fulfilling these purposes and for the required duration (e.g. transport and tracking of Parcels, customer support, fulfilment of its legal obligations, statistics and reviews, internal control and registration and protection of its legal claims). The Operator is authorized to provide, transfer, or publish processed Personal Data solely for the purposes specified in the Postal Service Act and for the performance of regulations governing international postal services.
- 16.5The Operator may only disclose information and data protected under personal data regulations to the individual concerned. The Operator is entitled to seek reimbursement for its costs, up to the tariff amount, for providing such information and data.
- 16.6In relation to performance of the Postal Service Agreement and provision of Postal Services, the Sender provides to Operator the personal data of the Sender and third parties, in particular of the Addressee, e.g.: name, surname, address, telephone number and e-mail address.
- 16.7The Operator shall provide information and data protected under personal data regulations to a court, prosecutor's office, or other state authority solely for the purpose of fulfilling their functions in accordance with relevant special regulations or for the purposes of inquiries, investigations, and prosecution of criminal acts.
- 16.8The Operator shall only communicate information about postal consignments upon written request:
- 16.8.1to the Sender, the Addressee and their successors in title, if they prove their authorization and sufficiently identify the consignment, or to a person acting on their behalf on the basis of a written power of attorney in which the authenticity of the signature of the attorney is certified,
- 16.8.2to a state authority empowered to ensure the defence and protection of the state, internal order and security of the State and to detect and prosecute offences under special regulations,
- 16.8.3other authorities to which it is legally obliged to provide assistance.
- 16.9The documents and data on the consignment shall be kept by the Operator for ten years from the date of collection of the consignment, if it is a lodgment document, or for ten years from the date of delivery, if it is a delivery document, and the documents and data on the postal service provided for ten years from the date of their provision.
- 16.10The retention period for documents under 16.10 also applies to documents and data containing personal data of the Sender and Addressee and their authorized persons.
- 16.11When creating, processing and storing information and data in information systems and when providing postal services, the Operator is obliged to ensure their protection against disclosure to another person, disclosure or misuse.
- 16.12The Operator shall ensure that all areas where mail is created or handled are marked with a notice that unauthorized (non-employee) persons are prohibited from entering these areas.
- 16.13The Operator shall prevent unauthorized persons from accessing such premises by means of its employees, security doors, monitoring system or other security devices or measures.
- 16.14The Operator shall ensure the protection of the premises where the processing of personal data and the production of postal consignments takes place in accordance with the privacy policy under 16.8.
- 16.15Furthermore, in connection with performance of the rights and obligations resulting from the Postal Service Agreement, the Operator is authorized to hand over or otherwise make available the Personal Data to the contractual partners of the Operator who ensure for the Operator, in particular, the transport, collection, handling, delivery or storage of the Parcels for the purpose of delivery within the meaning of and in accordance with the personal data processing policies under article 16 of these Terms.
- 16.16Depending on the method of a Postal Service, that has been agreed, the Operator undertakes to disclose to the Sender and to allow using the secured interface for transferring Personal Data to the Operator. The Sender is responsible for securing the Personal Data during the transfer to the Operator otherwise than by using the secured interface. The Operator applies the appropriate technical and organizational measures to protect the Personal Data from any accidental or nonpermitted destruction or accidental loss, alteration, unauthorized disclosure or access.
- 16.17Further information and details about the policies related to personal data processing policies are available on the Website.
- 16.18The Operator shall not be liable for the leakage of information and personal data of Parcels and their contents if there is a possibility of their direct reading, reproduction or other unprotected acquisition before their collection from the Sender or after their delivery to the Recipient. The Operator shall also not be liable for customs declarations and for decisions of customs authorities in the handling of the Parcels presented for customs control.
- 17ADDITIONAL AND FINAL PROVISIONS
- 17.1An up-to-date version of these Terms is available on the Website and at Branches.
- 17.2The Operator shall notify changes to these Terms, the Pricelist on the Website within at least 30 days from the date of entry into force. This information will also be available on any Branch.
- 17.3If the Customer does not expressly disagree in writing to the amendment within 10 days prior to the effective date of the amendment to these Terms, the new version of these Terms shall become binding on all contractual relationships between the Operator and the Customer within the scope of these Terms.
- 17.4To the extent not stipulated in these Terms, the provisions of the legislation in force, in particular the Postal Service Act, its implementing regulations and the Civil Code of the Kingdom of Spain), as amended, shall apply.
- 17.5In the event of the conclusion of a contract with an international element, the parties expressly agree that the legal relations between them shall be governed by the law of Spain.
- 17.6These Terms shall form an integral part of any Postal Service Agreement, which the Operator enters into.
- 17.7If any provision of these Terms or any part thereof is deemed for any reason to be invalid, it shall be deemed to be omitted for the purpose in question. This shall not affect the validity of the remaining parts of these Terms.
- 17.8Should any provision of these Terms prove to be obsolete or inconsistent with applicable law, the remaining provisions of these Terms shall remain in force.
- 17.9The validity of these Terms is given by their date of issue from 31.05.2023.