TERMS AND CONDITIONS OF SHIPPING SERVICES
1. GENERAL PROVISIONS
These terms and conditions (“Terms”) govern the provision of Shipping Services (as defined below) by NOVA POST IT S.R.L., with its registered office in Italy, Milan, at via Augusto Anfossi, no.2, Identification number with the Company Register of Milano, Monza, Brianza, Lodi: 13075630965 (“Company”), to Customers (as defined below).
1.1 Capitalized terms used in these Terms shall have the meaning specified further in this Article 1.1:
1.1.1 Additional Services – those services, which are additional to the Shipment Services, specified in Article 7 herein, and which imply an additional fee according to the Pricelist;
1.1.2 Address – a reference to the place of Delivery of the Shipment specified by the Sender in a shipping remittance, or a reference to the place of their return to the Sender;
1.1.3 Address Label – a label with the Address of the Recipient generated by the Sender when ordering a Delivery;
1.1.4 Branch – the facility of the Operator where it is possible to send and receive the Shipment. 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;
1.1.5 Business Customer – any natural person or any legal person, irrespective of whether privately or publicly owned, which is acting, including through any other person acting in its name or on its behalf, for purposes relating to its trade, business, craft or profession;
1.1.6 Business Days – working days from Monday to Friday, except public holidays in Italy;
1.1.7 Cargo – an item with the features listed under Paragraph 2.1.3 that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms;
1.1.8 Consumer – any natural person which is acting for purposes which are outside its trade, business, craft or profession;
1.1.9 Customer – a Business Customer or a Consumer;
1.1.10 Delivery – the service of delivery the Shipment within the territory of Italy or internationally all in accordance with these Terms;
1.1.11 Document – an item with the features listed under Paragraph 2.1.1 that is handed over by the Sender to the Operator for 1.1.3 delivery to the Recipient, all in accordance with these Terms;
1.1.12 Operator – the Company; if the context provides so; Operator also means an authorized person acting on behalf of the Operator;
1.1.13 Operator’s Mobile Application – means the software for quick access to the information on Delivery of the Shipment running on smartphones with Android and iOS operating systems. The Operator’s Mobile Application allows the Customer - upon the reading and acceptance, through the Operator’s Mobile Application, of these Term - 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 Operator’s Mobile Application is subject to the Operator's application terms of use available at^
a) iOS - https://apps.apple.com/ua/app/nova-post/id1644647080?l=uk;
b) Android - https://play.google.com/store/apps/details?id=eu.novapost
1.1.14 Parcel – an item with the features listed under Paragraph 2.1.2 that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms;
1.1.15 Parcel Locker – a machine which allows sending and picking up Parcels using the access data provided by the Operator or its partner;
1.1.16 Pricelist – the Operator’s current list of prices for Services;
1.1.17 Recipient – a person specified by the Sender as a Recipient of the Delivery;
1.1.18 Sender – a Customer who has concluded a Shipment Service Agreement with the Operator;
1.1.19 Services – Shipment Services and/or Additional Services;
1.1.20 Shipment – the Document and/or the Parcel and/or the Cargo that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms;
1.1.21 Shipment Form – the form provided by the Operator, also through the Website or the Operator’s Mobile Application, when a Customer orders a Shipment Service and Additional Services and whereby the Customer accepts these Terms;
1.1.22 Shipment Services – the Services under these Terms;
1.1.23 Shipment Service Agreement – the agreement between the Sender and the Operator, under which the Operator provides Delivery for the benefit of the Sender;
1.1.24 Website – the official Website of the Operator at novapost.com
1.2 By handing over the Shipment to the Operator and signing the Shipment Form or, as the case may be, through the relevant acceptance on the Operator’s Mobile Application, the Customer confirms that he/she has read and agrees with these Terms.
1.3 The current version of these Terms is available on the Website, the Operator’s Mobile Application, and at every Branch.
2. CATALOG OF SHIPMENT SERVICES
2.1 The Operator provides the following Shipment Services:
2.1.1 Documents 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;
2.1.2 Parcel 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 Euro (ten thousand euros).
2.1.3 Cargo delivery to the Branch
a) Weight: maximum permissible weight is 1 000 kg;
b) Dimensions: largest side not greater than 300 cm, other sides not greater than 170 cm;
c) Other information: is rectangular in shape;
d) The cargo value may not exceed of 10 000 Euro (ten thousand euros).
2.2 The Operator provides the Shipment Services in the following variants:
2.2.1 Address → Address – collecting of Document and/or Parcel at the Sender’s address and the relevant Delivery to the Recipient’s address.
2.2.2 Address → Branch – collecting of Document and/or Parcel at the Sender’s address and the relevant Delivery to the Recipient at the Branch in the Recipient’s city.
2.2.3 Address → Parcel Locker – collecting of Document and/or Parcel at the Sender’s address and the relevant Delivery to the Recipient’s Parcel Locker.
2.2.4 Branch → Branch – collecting of Document and/or Parcel and/or Cargo from the Sender at the Branch in the Sender’s city (with exclusive reference to Cargo, the collecting shall occur at the Branch specified on the Website) and the relevant Delivery to the Recipient at the Branch in the Recipient’s city.
2.2.5 Branch → Address – collecting of Document and/or Parcel and/or Cargo from the Sender at the Branch in the Sender’s city (with exclusive reference to Cargo, the collecting shall occur at the Branch specified on the Website) and the relevant Delivery to the Recipient’s address.
2.2.6 Branch → Parcel Locker – collecting of Document and/or Parcel and/or Cargo from the Sender at the Branch in the Sender’s city (with exclusive reference to Cargo, the collecting shall occur at the Branch specified on the Website) and the relevant delivery to the Recipient’s Parcel Locker.
2.3 In 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.
3. GENERAL CONDITIONS OF SHIPMENT SERVICES
3.1 Shipment Services shall be provided by the Operator to Customers according to the following.
3.2 The Operator shall provide Shipment Services on the dates indicated on the Website or Operator’s Mobile Application.
3.3 The Operator provides Shipment Services on the territory of Italy and internationally, in countries specified on the Website or Operator’s Mobile Application.
3.4 The Pricelist shown on the Website or Operator’s Mobile Application and at the Branches, and reproduced on the Shipment Form together with these Terms, applies.
3.5 The Operator is not obliged to conclude a Shipment Service Agreement with the Sender if, the contents of the Shipment violates the Terms or additions there to.
3.6 The collecting of the Shipment and the relevant Delivery shall be performed on Business Days.
3.7 The availability of Delivery and dispatch to and from the Parcel Lockers is specified on the Website or Operator’s Mobile Application. Delivery of Parcels to the Parcel Locker is possible to the Parcel Locker within the territory of Italy and other Countries specified on the Website or Operator’s Mobile Application.
4. PROVISION OF SHIPMENT SERVICES
4.1 General rules. Delivery, return and refund rules.
4.1.1 With reference to each Shipment, the Sender declares that the Shipment has been cleared for import and released for free circulation and consumption in accordance with the provisions of the EU Regulation no. 925 of 2013, as amended over the time. Under no circumstances shall the Operator be considered the recipient of the goods and its EORI code and/or VAT number used for the purposes of customs declarations for import or export.
4.1.2 The Shipment must be properly packaged by the Sender, ensuring the safety of the Shipment Service and Delivery of the contents of the Shipment 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 Shipment. The Operator may, at the Sender’s request, package the Shipment as an Additional service.
4.1.3 The way of packaging the Shipment shall comply with the packaging rules posted on the Website or Operator’s Mobile Application. The Operator assumes no liability for any damage occurred to the Shipment for incorrect packaging.
4.1.4 The way of packaging the Parcel must ensure that it is marked with the corresponding Address Label.
4.1.5 Shipments exceeding the permissible dimensions or weight limits are accepted for transportation only after a possible prior separate agreement with the Operator.
4.1.6 If the Operator decides that it is necessary to declare the value of the Shipment by the Sender in order to perform the Shipment Service, the value must correspond to the actual value of the Shipment's contents. The declared value of the Shipment may affect the price of the Shipment Service in accordance with the applicable Pricelist.
4.1.7 The Sender has to specify exactly the address of the Recipient or the address of the Parcel Locker or Branch, where the Shipment is to be delivered. Only the Sender is responsible for the correctness and completeness of the data specified for Delivery of the Parcel.
4.1.8 The Sender orders a Shipment Service through the Website or Operator’s Mobile Application specifying, as required therein, the variant of the Shipment Service, the Address of the Sender and the Recipient, and/or method and place of Delivery.
4.1.9 After placing the order for the Shipment Service through the Website or Operator’s Mobile Application, the Sender is allowed to create an Address Label, which must be clearly and firmly attached to the package of the Shipment before the Shipment is collected.
4.1.10 Any marking applied by the Sender to the package of the Parcel shall not cover the Address Label and shall not contain any content prohibited by applicable law and these Terms.
4.1.11 The Sender shall pay for the provision of Shipment Services in advance according to the selected type of the Shipment Service and Pricelist using the payment methods available on the Website or Operator’s Mobile Application, except for the payment on delivery option, in which case the provision of the Shipment Service is paid on the conditions specified by these Terms.
4.1.12 The Operator shall refuse to enter into a Shipment Service Agreement or may terminate or withdraw from it or from any other agreement with a Customer, if:
a) in case of Shipment Delivery, the Sender does not meet the requirements for the provision of Shipment Services set forth in the applicable law or in the regulations issued on its basis, as well as in these Terms;
b) the contents or packaging of the Shipment 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 Shipment Service would be performed in whole or in part in a territory where the Operator is not authorized to provide such service;
e) acceptance or transportation of the Shipment is prohibited by applicable law or other regulations.
4.1.13 The Operator shall have the right:
a) to refuse to enter into the Shipment Service Agreement, if the Parcel does not meet the conditions required for the provision of the Shipment Service as determined by the Operator;
b) to terminate the Shipment Service Agreement, if the Parcel does not meet the conditions specified in the Shipment Service Agreement.
4.1.14 If the Operator, for the reasons stated above, terminates the Shipment Service Agreement, the accepted Shipment shall be returned to the Sender at the Sender’s expense and the fee for the Shipment Service shall be refunded to the Sender without any interest accrual (and the Operator shall be entitled to deduct expenses for returning and storing the Shipment from the refunded fee).
4.1.15 The Operator who has concluded the Shipment Service Agreement with the Sender shall indicate the received Shipment with the information about acceptance of payment for the Shipment Service or indicate the method of payment for the Shipment Service and shall allow its identification.
4.1.16 The Shipment that cannot be delivered to the Recipient shall be returned to the Sender by the Operator who has concluded the Shipment Service Agreement with the Sender. For actions related to the return of the Shipment, the Operator shall demand payment in the amount specified in the Pricelist.
4.1.17 The returned Shipment shall be returned back to the Sender in the same conditions under which it was collected by the Operator.
4.1.18 If 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.
4.1.19 Operator may open a Parcel in cases specified in Article 14 of these Terms.
4.2 Size and weight of the Parcel
4.2.1 The price of the Shipment Service may depend on the weight and size of the Parcel in accordance with the Pricelist.
4.2.2 There are two ways to determine the weight of the Parcel: actual and volumetric. The cost of Shipping Services, where applicable, shall be calculated by the greater weight value – actual or volumetric – according to the Pricelist.
4.2.3 The actual weight shall be determined by weighing the Parcel on the scales.
4.2.4 The 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.
4.3 Parcel and cargo
4.3.1 Parcels can be accepted by the Operator at a Branch, via a Parcel Locker, or at the Address specified by the Sender.
4.3.2 Cargos can be accepted by the Operator at a Branch specified by the Operator on the Website or Operator’s Mobile Application.
4.3.3 The Customer who wishes to send a Parcel or a Cargo bring them to the Branch or fills out the Shipment Form through the Website or Operator’s Mobile Application and pays the service fee.
4.3.4 The Address Label shall be valid for 14 days from the day of its creation via the Website or Operator’s Mobile Application. After this period, the Address Label expires.
4.3.5 When forming the Shipment Form, the Customer receives the number of the shipment, by which it is possible to get information about the status of the Shipment Service.
4.3.6 While collecting the Shipment, the Operator checks the completeness of the Address and the payment for the Services.
4.3.7 If 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.
4.3.8 Receiving 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. Only the Sender is responsible for the correct packaging of the Shipment and its compliance with the applicable law and other regulation.
4.3.9 Parcels 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.
4.3.10 Parcels and Cargos accepted by the Operator after 3 p.m. will be dispatched the next Business Day.
4.3.11 If 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.
4.3.12 In 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 Shipment Services for the Parcel or the Cargo.
4.4 Detailed conditions of Address services
4.4.1 In case of Address to Address Shipment Service, according to Paragraph 2.2.1, 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. Cargos cannot exceed: 1 000 kg per Cargo, largest side not greater than 300 cm, other sides not greater than 170 cm, unless the Operator and Customer agree otherwise.
4.4.2 The 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.
4.4.3 If 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.
4.4.4 The Customer shall provide packaging, labeling and information support for the Parcel in accordance with the provisions of these Terms.
4.4.5 The Customer is obliged to provide the Operator with the possibility to collect the Parcel, in accordance with these Terms, at the specified date and place.
4.5 Detailed conditions of Parcels received at a Parcel Locker
4.5.1 A Parcel received at a Parcel Locker within the territory of Italy shall meet the following parameters:
a) the maximum permissible weight is 25 kg;
b) the dimensions are 41×38×64 cm;
c) the value of the Parcel may not exceed 10 000 Euro
4.5.2 If these parameters are not met, the Operator has the right not to accept the Parcel and refuse the provision of Shipment 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.
4.5.3 The location of the Parcel Lockers is available on the Website or Operator’s Mobile Application.
4.5.4 In case of issues in creating the Address Label, opening the box, or any of other kind, the Sender can get assistance by calling the contact number of the Operator available on the Website or Operator’s Mobile Application.
4.5.5 The Parcel distribution schedule is available on the Website or Operator’s Mobile Application.
4.6 General rules of Parcel Delivery
4.6.1 The term of Parcel Delivery is from 1 Business Days for Delivery within Italy and from 5 Business Days for international Delivery.
4.6.2 Delivery of Parcels with guaranteed time of delivery is possible under the conditions agreed with the Customer by a potential separate agreement.
4.6.3 The Sender and the Recipient can track the Parcels through the Website or Operator’s Mobile Application after specifying the Parcel’s number.
4.6.4 When 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.
4.6.5 If, 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 has the right to refuse to deliver the Parcel.
4.7 Detailed rules for delivering and sending Parcels to the Branch
4.7.1 If the Sender is the payer of the Shipment Service and the method 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 procure its respect of these Terms.
4.7.2 To 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.
4.7.3 The 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.
4.7.4 Delivering a Parcel without confirming the Recipient’s identity is possible, only if the declared value of the Parcel is less than Euro 10 000 (ten thousand) 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.
4.7.5 In order to receive a Parcel with the value of Euro 6 000 (six thousand/00) 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.
4.7.6 Person 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 Euro 6 000 (six thousand/00), 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.
4.7.7 Receipt of the Parcel at the Branch is possible during working hours of the Branch.
4.7.8 Under 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 Euro 10 000 (ten thousand/00), weighing not more than 25 kg, for which the maximum length of one side of the Parcel does not exceed 64 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.
4.8 Detailed rules of delivery of Parcels to the Address
4.8.1 In 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 Delivery date of the Parcel.
4.8.2 If 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.
4.8.3 The 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.
4.8.4 Upon 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.
4.8.5 In 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.
4.8.6 The time of presence of the Operator’s representative at the Address in connection with the delivery of the Parcel shall not exceed 10 minutes.
4.8.7 Delivery 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.
4.8.8 Upon the Receiver’s request, it is possible to postpone the delivery of the Parcel by up to 5 Business Days.
4.9 Detailed conditions of delivery of Parcels to a Parcel Locker
4.9.1 A 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;
c) the value of the Parcel may not exceed Euro 5 000 (five thousand euros).
4.9.2 A Parcel delivered to a Parcel Locker within the territory of Italy, shall meet following parameters:
a) the maximum permissible weight is 25 kg;
b) the dimensions are 41×38×64 cm;
c) the value of the Parcel may not exceed Euro 10 000 (ten thousand euros).
4.9.3 If these parameters are not met, the Parcel shall be sent to the nearest Branch.
4.9.4 Delivering Parcels to the Parcel Locker is not possible for more than one Parcel per Address Label.
4.9.5 The Recipient receives an SMS message after the Parcel is placed in the Parcel Locker to the phone number specified by the Sender.
4.9.6 In 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.
4.9.7 In 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 or Operator’s Mobile Application.
4.9.8 The 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.
4.9.9 The parcel distribution schedule is available on the Website or Operator’s Mobile Application.
4.9.10 The terms of use of Parcel Lockers of the Operator’s partner are available at partners websites, specified on the Website or Operator’s Mobile Application.
5. INFORMATION REQUIRED FOR REGISTERED SENDING
5.1 For the purposes of the provision of Services, the Sender is required to provide information specified bellow in this Article 5.
5.1.1 Information about the Sender:
5.1.2 For Business Customer: full name, identification number, address (headquarters), Branch for dispatch, if applicable, cell phone number and e-mail of the contact person.
5.1.3 For Customer: full name, address (residence), Branch for dispatch, if applicable, cell phone number and e-mail.
5.2 Recipient Information:
5.2.1 For 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.
5.2.2 For natural persons: full name, address (residence), Branch for delivery, if applicable, cell phone number and e-mail.
5.2.3 Shipping information of the Parcel: number of pieces, actual weight and dimensions, hs code, declared value, description of contents, selected variant of Shipping Service.
5.2.4 Payer for Services.
5.2.5 Form of payment (cash/non-cash).
5.2.6 Selected Additional Services.
5.2.7 Other information that can affect the quality, duration, and cost of Shipment Services for example conditions of delivery, country of origin of the goods, detailed descriptions.
6. PAYMENTS
6.1 Fees for Shipment Services and Additional Services shall be determined in accordance with the current Pricelist.
6.2 The Sender must provide the Operator with all the information to determine the total price for the Shipment Services and/or Additional Services. In particular, the Operator shall determine the price on the basis of counting and/or measuring the Shipment.
6.3 In the event of a delay in payment of the price (or part thereof) for a Shipment Service and/or Additional Service for more than 15 days, the Operator shall be entitled to suspend the provision of all Shipment Services and Additional Services until the owed sum has been paid in full.
6.4 In any case, in the event of a delay in payment of the price (or part thereof) for a Shipment Service and/or Additional Service, the Operator is entitled – vis-à-vis Business Customer – to interest quantified according to the Legislative Decree no. 231 of 9 October 2002.
7. ADDITIONAL SERVICES
7.1 The Operator provides, upon the Customer’s request, the following Additional Services, which are Services with additional payment according to the Pricelist:
7.1.1 Packaging – 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.
8. OPERATOR'S SERVICES
8.1 “Business Account” is a user account which is accessed via the Website or Operator’s Mobile Application 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 Operator’s 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 not provided for in the Shipping Service Agreement.
8.4.1 Review 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 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 “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.
8.6 “Change of Data” allows the Sender to change the data indicated in the Address Label from the moment of its creation 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 or Operator’s Mobile Application 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.
9. TERMS FOR ITEMS AND SUBSTANCES THAT MAY NOT BE THE CONTENTS OF THE PARCEL
9.1 A Shipment shall not contain in particular, but not limited to:
9.1.1 valid 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;
9.1.2 items of criminal origin;
9.1.3 firearms and pneumatic weapons and their parts, ammunition, edged weapons, items imitating firearms and edged weapons, other items specially designed for assault and defense (guns, pins, spray cans with liquid paralyzing effect, daggers, etc.);
9.1.4 all the substances qualified hazardous by the European Directive 2008/68/EC of 24 September 2008 and substances such as: hydrogen peroxide, acids, high-octane pollutants containing oxygen (chemical compounds added to gasoline), as well as liquids and substances in packages found to contain hazardous substances labeled in classes 1–7 inclusive, such as flammable substances, flammable and explosive substances, radioactive substances and other hazardous items with appropriate labels (‘explosive materials and substances,’ ‘gases,’ ‘flammable liquids,’ ‘self-igniting substances,’ ‘toxic and infectious substances,’ ‘oxidizing substances,’ ‘radioactive,’ ‘caustic and corrosive substances,’ ‘other hazardous substances and products’), carcinogenic substances and any substances which may endanger human life or health;
9.1.5 cylinders with liquid or gas, including all types of fire extinguishers (except empty cylinders without a valve);
9.1.6 fluid 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;
9.1.7 fluorescent lamps and other products containing mercury or asbestos and products made of them (pipes, slate, etc.);
9.1.8 used 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;
9.1.9 animals, insects, animal remains, untreated skins, ashes or human remains, human and animal organs, tissues and body fluids, and other biologically active objects;
9.1.10 living plants, especially those requiring special transportation conditions;
9.1.11 specimens of endangered species of wild fauna and wild plants, unless otherwise provided for in a special regulation;
9.1.12 tobacco products, electronic cigarettes and their parts;
9.1.13 food 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;
9.1.14 medicines and hygiene products requiring special storage and transportation conditions, ethyl alcohol, veterinary immunobiological products;
9.1.15 narcotic drugs, narcotic substances, cannabis substances (other than those permitted for sale), psychotropic and psychoactive substances and similar substances in particular are subject to special control in accordance with the legislation in force;
9.1.16 flavoring 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;
9.1.17 in 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;
9.1.18 parcels whose shipping is prohibited under any applicable sanctions legislation, in particular due to the content, the consignee, the consignor or due to the country of origin or destination. Sanctions legislation includes all laws, regulations or sanctions measures (trade and economic restrictions) against countries, persons/groups of persons and companies, including measures imposed by the United Nations, the European Union and the European Member States, in particular Annexes I of the EC anti-terror directives 2580/2001 and 881/2002 or other sanctions registers in their applicable version, as well as parcels to a country of destination which is subject to restrictions on foreign trade (embargo measures);
9.1.19 items or goods the circulation of which is restricted or prohibited;
9.1.20 other items prohibited by applicable law or other regulation.
9.2 The list of the unacceptable contents of the Shipment is an exemplary and incomplete catalog.
9.3 Notwithstanding the above mentioned list, permitted substances include (according to UN Model Regulations Rev. 22 (2021)):
9.3.1 substances assigned to hazard classes 8 and 9, except for acids (regardless of concentration) and substances containing any amount of acid, hydrogen peroxide or other chemical compounds with oxidizing properties;
9.3.2 chemical substances labeled with hazard classes 2 and 3 in containers (packaging) of an approved manufacturer for transportation:
a) paints: in metal containers with a capacity not exceeding 10 liters (without quantity limitation);
b) automobile oils (motor, transmission) without limitation of the container volume;
c) human biological material in the form of smears (including from the oral cavity);
9.4 The Operator shall have the right not to accept a Shipment, return it to the Sender at the Sender’s cost, and refuse the provision of Shipment Services and Additional Service, if there is a reasonable suspicion that the content of the Shipment is unacceptable under the conditions specified in these Terms and applicable laws or other regulation.
9.5 Acceptance of the Shipment by the Operator does not mean that the Operator checks its contents and that the performance of the Shipment Service is acceptable in relation to the specific contents of the Shipment.
9.6 The Operator is entitled to require the Sender to prove that the Shipment and its treatment comply with the applicable law and these Terms; however, the Operator is not obliged to ascertain this. The Sender shall be responsible for the content and arrangement of the Shipment.
9.7 If the Operator has a reasonable suspicion that the Shipment contains or may contain content which is criminal or not allowed for trading according to the applicable law or other regulation, the Operator has the right to notify the relevant authorities.
9.8 If the Operator decides to refuse the provision of Shipment Services (including in case of termination of the Shipment Service Agreement, termination of provision of Shipment Services, or return of the Parcel) the Operator shall have the right to return the Parcel at the Sender’s expense.
9.9 If the Shipment is checked by the Operator, the checking shall be carried out in the presence of the Sender, and if this is not possible, by the persons determined by the Operator in accordance with the applicable law. The Shipment checked by the Operator will be marked with the clear information that the Shipment has been checked.
9.10 If, as a result of the fact that the Shipment contains unacceptable content, the Operator, its employee or a third party suffers losses in connection with the provision of a Shipment Service, the Sender is obliged to compensate such losses in full.
10. ACCEPTABLE PARAMETERS OF DECLARED VALUE
10.1 The declared value is the value of the Shipment declared by the Sender in the Shipment Form. The declared value shall be equal to the actual (market) value of the Shipment;
10.2 Within the limits set forth by the following Paragraph, damage to the Shipment is compensated by payment of an amount corresponding to the declared value. 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 Shipment damage. In the event of Shipment damage, the Sender must provide a declaration confirming that the Shipment has been properly packed and provide a bank account number for reimbursement.
10.3 In no case shall the compensation due by the Operator in the event of loss or damage of the Shipment be more than 1 (one) Euro per kilogram of the weight of the goods lost or damaged, for domestic transport, and the amount provided for in Article 23, paragraph 3, of the Convention on the Contract for the International Carriage of Goods by Road ratified by Italy by Law no. 1621 of 6 December 1960, as amended over the time, for international transport.
11. COMPLAINTS
11.1 The rights and obligations of Customers and the Operator are stipulated in the Complaints Procedure Regulation issued by the Operator.
11.2 Any dispute arising out or connected to the Terms, the Shipment Agreement or the performance of the Services shall be submitted to the Court of the place of residence or domicile of the Client, if the Client is a Consumer. In all the other cases, the Court of Milan shall have exclusive jurisdiction.
12. PROCEDURE IN CASE OF NON-DELIVERY
12.1 In the event that it is not possible to deliver the Shipment to the Recipient, the Operator shall arrange for the return of the Shipment to the Sender.
12.2 The impossibility of delivery of the Shipment arises in cases when:
12.2.1 The Shipment does not meet the conditions set out in these Terms;
12.2.2 The Shipment has an incomplete or incorrect Address Label;
12.2.3 The Recipient is not correctly identified at the Address Label;
12.2.4 The Recipient refuses to accept the Shipment;
12.2.5 the other circumstances specified in these Terms.
12.2.6 The return of the Shipment to the Sender does not affect the Operator’s right to payment for Services.
13. PROCEDURE FOR OPENING A PARCEL
13.1 The Operator is entitled to open a Parcel if:
13.1.1 it cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the Shipping Service Agreement;
13.1.2 there is reasonable cause to suspect that it contains an item deemed to be dangerous under these Terms or an item the delivery of which is not permitted under these Terms;
13.1.3 it has been damaged;
13.1.4 there is reasonable cause to suspect that damage has occurred or may occur before delivery; or
13.1.5 it is necessary to comply with obligations imposed on the Operator by applicable law or other regulation.
13.1.6 The provisions of Article 12.1 shall not apply to a Parcel whose external arrangement makes it clear that it is inviolable under an international treaty forming part of the legal system of Italy.
13.1.7 The Operator is obliged to inform the Recipient of the opening of the Parcel upon delivery or the Sender upon return of the Parcel.
13.1.8 The contents of a Parcel may be inspected upon opening only to the extent necessary to ensure the purpose of the inspection.
13.1.9 The Operator is entitled to open a Parcel in case of providing an address service for International shipments with the reason of inspections of the parcel's content before transferring to customs clearance procedure.
13.1.10 During the opening, the protection of information protected under applicable law or other regulation must be ensured.
14. PROCEDURE FOR SELLING OR DESTROYING A PARCEL
14.1 The Operator shall be entitled to sell the Parcel or part thereof after (A) 3 months from the date of its deposition with Operator in case of registered Parcels or (B) 3 months from the date of its deposition with Operator in case of unregistered Parcels, if:
14.1.1 the Parcel cannot be delivered and at the same time cannot be returned or is not to be returned; or
14.1.2 there is a reasonable cause to suspect that the contents of the Parcel will deteriorate before delivery.
14.2 The Operator may only sell a Parcel or part thereof after the Operator has opened the Parcel in accordance with these Terms.
14.3 When selling a Parcel or part thereof, the Operator shall take into account that the sale is reasonably advantageous to the Sender. The Operator shall sell the Parcel via public auction on its website.
14.4 If possible, portion of the proceeds of the sale, after deducting storage costs, selling costs and unpaid portion of the price (“Net Yield”), shall be delivered by the Operator to the Sender. If the Net Yield has not been delivered, Sender shall have the right to request its release within 1 year as of the sale of the Parcel or any part thereof. Upon expiry of this period, the entitlement to the release of the Net Yield shall cease and the Net Yield shall be forfeited to the Operator.
14.5 In particular, the Operator will not sell the Parcel if the cost of selling the Parcel is disproportionate to the proceeds of the sale.
14.6 The Operator shall be entitled to destroy the Parcel or any part thereof after expiry of the periods stated in 14.1, if the contents of the Parcel have deteriorated in whole or in part.
14.7 The Operator shall be entitled to destroy the Parcel or part thereof before the expiry of the agreed period if it is necessary to ensure the protection of human health.
14.8 If the Parcel is not sold and cannot be delivered and at the same time cannot be returned or is not to be returned according to the Shipment Service Agreement, the Operator shall destroy it at the expiry of 1 year after its acceptance by the Operator.
14.9 The provisions of this section of these Terms shall not apply to Parcels that are considered inviolable under an international treaty that is part of the legal system of Italy. The contents of a Parcel which is covered by the privacy of correspondence cannot be sold.
14.10 In case of a compliant proceeding in regard to a particular Parcel, the periods stated in 14.1 are prolonged in respect of such Parcel until the expiration of the period during which all relevant legal remedies can be applied/exercised.
14.11 If 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.
14.12 If 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.
14.13 Shipments 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.
15. FORCE MAJEURE
15.1 The Operator shall not be held liable for any damages or breaches of Shipment Service Agreement or delay in the performance of the obligations arising therefrom to the extent these circumstances have been caused by force majeure. Where the delay in the performance of obligations hereunder 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 Operator shall resume performance once the obstacle caused by force majeure has ceased. The Operator shall make any reasonable efforts to notify the other party and state, as soon as applicable and possible, the extent and nature of force majeure.
15.2 The Operator shall make reasonable efforts to mitigate the consequences of force majeure on the performance of its 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.
15.3 Force majeure shall refer to any event or unforeseeable circumstance outside the reasonable control of the Operator which cannot be avoided or prevented in spite of any reasonable efforts, and which has not been caused by errors or omissions of the Operator. 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, robberies, burglaries, vehicles accidents involving the Shipment, shortage of materials or services or the inability or delay in the acquisition of shipments.
15.4 Suspension or restriction of provision of Shipment Services in accordance with Article 14 of these Terms may be imposed on the entire territory or a part thereof where the Operator provides Shipment Services. The Operator shall place announcements on the Website or Operator’s Mobile Application about the suspension or restriction of the provision of the Shipment Services.
15.5 The Operator may extend the duration of suspension or restriction of provision of Shipment Services in accordance with Article 17 of these Terms for up to 10 Business Days after the end of the circumstances that caused its introduction, as announced on the Website or Operator’s Mobile Application.
16. PROTECTION OF PERSONAL DATA
16.1 Privacy information according to Article 13 and following of the EU Regulation no. 679 of 27 April 2016 form integral and essential part of the Terms.
17. ADDITIONAL AND FINAL PROVISIONS
17.1 An up-to-date version of these Terms is available on the Website or Operator’s Mobile Application and at Branches.
17.2 The Operator shall notify changes to these Terms, the Pricelist on the Website or Operator’s Mobile Application within at least 30 days from the date of entry into force. This information will also be available on any Branch.
17.3 If the Business 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 Business Customer within the scope of these Terms.
17.4 To the extent not stipulated in these Terms, the provisions of the legislation in force, in particular the provisions concerning the transportation agreement (“contratto di trasporto”) under the Italian Civil Code, shall apply.
17.5 In 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 Italy.
17.6 These Terms shall form an integral part of any Shipping Service Agreement, which the Operator enters into.
17.7 In case of discrepancies between these Terms and the Shipping Service Agreement, the latter shall prevail.
17.8 If 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 and it shall be replaced with a provision having, as far as possible, the same commercial purpose of the one which has been deemed invalid. This shall not affect the validity of the remaining parts of these Terms.
17.9 Should any provision of these Terms prove to be obsolete or inconsistent with applicable law, the remaining provisions of these Terms shall remain in force.
17.10 The validity of these Terms is given by their date of issue from 31.10.2023.
17.11 This Terms shall be governed and constructed by the laws of Italy, without regard to its conflict of law provisions.