TERMS AND CONDITIONS OF POSTAL SERVICES
THE CUSTOMER’S ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF ARTICLE 16 (Limitation of liability)
1. General provisions
These terms and conditions (“Terms”) govern the provision of postal services of NOVA POST NETHERLANDS BV, with its registered seat at De Boelelaan 30, 1083HJ Amsterdam, trade register number – 91986982- (“Company”), to Customers (as defined below).
1.1 Capitalized terms used in these Terms have their meaning specified further in this Article 1.1:
1.1.1 Additional Services – the additional services described in Article 7;
1.1.2 Address – a reference to the place of delivery of a postal item specified by the Sender in an order for Postal Services, 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 Parcel Delivery;
1.1.4 Business Account - 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.
1.1.5 Business Customer – a customer of the Operator that uses the Services for the purposes of its business activities;
1.1.6 Business Days – ordinary days from Monday to Friday, except public holidays in the Netherlands
1.1.7 Branch – the facility of the Operator where it is possible to send and receive Parcels. For the purpose of sending and receiving Parcels, Branches may also include locations operated through third parties and which are not operated by the Operator;
1.1.8 Cargo - 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, in accordance with these Terms;
1.1.9 Consumer – an individual who performs a transaction with the Operator that is not directly related to their business or professional activities;
1.1.10 Customer – a Business Customer or a Consumer;
1.1.11 Declared Value – the value of the Parcel declared by the Sender in the Parcel Shipment Form which shall be equal to the market value of the Parcel.
1.1.12 Loss or Damage - loss of or damage to a Parcel or any other direct, indirect, special or
consequential loss associated with such loss or damage.
1.1.13 Operator – either the Company or, where the Company has authorised another person to act on its behalf, then that authorised person;
1.1.14 Operator’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 Operator’s 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 Operator’s Mobile Application. Use of the Operator’s 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 .
1.1.15 Parcel – any item (including Cargo) that is handed over by the Sender to the Operator for delivery to the Recipient, all in accordance with these Terms;
1.1.16 Parcel Delivery – a service of delivery of Parcels within the territory of Netherlands or internationally;
1.1.17 Parcel Locker – a machine which allows sending and picking up Parcels (excluding Cargo) using the access data provided by the Operator or its partner;
1.1.18 Parcel Shipment Form – the form provided by the Operator when a Customer orders a Postal Service;
1.1.19 Postal Service Agreement – the agreement between the Sender and the Operator, under which the Operator provides Parcel Delivery or Postal Transfer to the Sender in accordance with these Terms;
1.1.20 Postal Services – the postal services (as more particularly set out in clause 2) that the Operator has agreed to provide to the Customer, and that the Customer has agreed to pay for including, where specified, the provision by the Operator of any Additional Services;
1.1.21 Pricelist – the Operator’s current list of prices for Postal Services;
1.1.22 Prohibited Items – the items set out in Article 10.1, as amended from time to time;
1.1.23 Recipient – a person or organization specified by the Sender as the recipient of the Parcel Delivery;
1.1.24 Sender – a person or organization who has entered into a Postal Service Agreement with the Operator;
1.1.25 Website – the official website of the Operator at novapost.com
1.2 By submitting an order for Postal Services to the Operator, the Sender confirms that they have read and agree with these Terms.
1.3 The current version of these Terms is available on the Website and at every Branch.
2. Catalog of postal services
2.1 The Operator provides the following Postal 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 [10 000] Euro.
2.1.3 Cargo delivery:
a) Weight: maximum permissible weight is 1000 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 [10 000] Euro.
2.2 The Operator provides Postal Services in the following variants:
2.2.1 Address to Address – collecting the Parcel at the Sender’s address and delivering it to the Recipient’s address.
2.2.2 Address to Branch – collecting the Parcel at the Sender’s address and delivering it to the Recipient at the Branch in the Recipient’s city.
2.2.3 Address to Parcel Locker – collecting the Parcel at the Sender’s address and delivering it to a Parcel Locker.
2.2.4 Branch to Branch – receiving the Parcel from the Sender at a specified Branch and delivering it to the Recipient at another specified Branch.
2.2.5 Branch– to Address – receiving the Parcel from the Sender at a specified Branch and delivering it to the Recipient’s address.
2.2.6 Branch to Parcel Locker – receiving the Parcel from the Sender at a specified Branch and delivering it to a 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 postal services
3.1 An order for Postal Services is an offer to purchase the Postal Services from the Operator. The Operator shall accept the order for Postal Services at such time as the Sender makes payment for the Postal Services, or the Operator accepts the Parcel for delivery (whichever is the earlier), at which point a Postal Service Agreement will be formed between the Sender and the Operator.
3.2 The Operator shall provide the Postal Services in accordance with these Terms and, unless otherwise agreed by both parties, the Operator is not obliged to deliver the Parcel on a specified date. The Operator may deliver the Parcel on any date that is shown on the Website as available for delivery.
3.3 The Operator shall provide Postal Services in Netherlands and to any other country specified on the Website.
3.4 Acceptance and delivery of the Parcel shall be performed on Business Days.
3.5 The availability of delivery and dispatch to and from the Parcel Lockers is specified on the Website. Delivery of Parcels to a Parcel Locker is possible to Parcel Lockers within the Netherlands and other countries as specified on the Website.
4. Receiving and issuing parcels, Provision of postal services
4.1 General rules
4.1.1 It is the responsibility of the Sender to ensure that the Parcel is properly packaged to ensure the safe delivery of the contents of the Parcel, in particular, that the packaging, closure and internal packing of consignments is 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.
4.1.2 The Operator may, at the Sender’s request, package the Parcel as an Additional Service.
4.1.3 The method of packaging the Parcel must comply with the packaging rules posted on the Website.
4.1.4 The means of packaging the Parcel must ensure that it is marked with the corresponding Address Label.
4.1.5 Parcels exceeding the permissible dimensions or weight limits will only be accepted for transportation after prior agreement with the Operator.
4.1.6 The Sender is responsible for providing the Declared Value of the Parcel where required.
4.1.7 In accordance with the Pricelist, the Declared Value of the Parcel may affect the price of the Postal Service.
4.2 Size and weight of the Parcel
4.2.1 The price of the Postal 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 Postal 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] / 4000.
4.3 Sending Parcels and Cargo
4.3.1 Parcels (excluding Cargo) can be accepted by the Operator at a Branch, via a Parcel Locker, or at the Address specified by the Sender.
4.3.2 Cargo can be accepted by the Operator at a Branch, specified by the Operator on the Website.
4.3.3 Where a Sender wishes to send a Parcel, it shall bring the Parcel to a Branch, or fill out a Parcel Shipment Form through the Website, and pay the relevant fee.
4.3.4 The Sender must specify the Address of the Recipient, Parcel Locker, or Branch where the Parcel is to be delivered. The Sender is responsible for the correctness of the data provided in connection with delivering the Parcel.
4.3.5 If the Sender has placed an order for Postal Services through the Website, the Sender will get an opportunity to create an Address Label, which must be clearly and firmly attached to the exterior of the Parcel before the Parcel is shipped.
4.3.6 Any marking applied by the Sender to the packaging of the Parcel must not cover the Address Label and must not contain any content prohibited by any applicable laws or these Terms.
4.3.7 The Address Label shall be valid for 14 days from the day of its creation. After this period, the Address Label expires.
4.3.8 On submission of the Parcel Shipment Form, the Customer will receive the tracking number of the shipment, which can be used to get information about the status of the Postal Service. The tracking service can be used on the Website or via the Operator’s Mobile Application.
4.3.9 The Sender can 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 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.
4.3.10 Unless the Postal Services are to be paid for on delivery of the Parcel by the Recipient, the Sender shall pay for the Postal Services in advance and in accordance with the Pricelist using the payment methods available on the Website. Where payment for the Postal Services is to be made on receipt of the Parcel by the Recipient, payment shall be made in accordance with article 4.8.7.
4.3.11 The Operator shall provide confirmation to the Sender when it receives the Parcel and shall provide evidence that payment for the Postal Services has been accepted by the Operator.
4.3.12 When receiving the shipment, the Operator will check the completeness of the Address and the payment for the Postal Services.
4.3.13 If the Operator discovers the absence of the correct Address Label, an incomplete Address, incorrect packaging of the Parcel, or the Parcel does not otherwise meet the conditions required for the provision of Postal Services (as determined by the Operator) the Operator has the right to refuse to accept the Parcel.
4.3.14 Receipt of the Parcel by the Operator does not mean that the contents of the Parcel have been checked and comply with these Terms and the applicable law or other regulation. The Sender is responsible for the correct packaging of the Parcel, its compliance with the applicable law and any other regulations.
4.3.15 Parcels in the form of corrugated cardboard packages, connected with each other by stretch film and tape, will not be 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 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.
4.3.16 Parcels accepted by the Operator after 3 p.m. will be dispatched the next Business Day.
4.3.17 If the Operator suspects that a Parcel contains Prohibited Items, the Operator is entitled to request that the Parcel and its contents are inspected.
4.3.18 If Prohibited Items are discovered or an inspection under Article 4.3.17 is refused, the Operator shall be entitled to refuse the provision of Postal Services for the Parcel.
4.4 Detailed conditions of Address services
4.4.1 Where the Operator delivers Postal Services from or to an Address, 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.
4.4.2 The Customer must allow the representative of the Operator to (i) reach the place indicated as the Address and (ii) drive a car within 50 metres of the Address.
4.4.3 If the total weight of the Parcel exceeds 30 kg, the Customer shall be responsible for loading the Parcel on the Operator’s vehicle(s).
4.4.4 The Customer shall make the Parcel available for collection by the Operator in accordance with the Postal Services Agreement (including, but not limited to, making the Parcel available at the specified place, and on the specified date, agreed by the parties).
4.5 Detailed conditions of Parcels received at a Parcel Locker
4.5.1 A Parcel received at a Parcel Locker within the Netherlands must meet the following parameters:
a) the maximum permissible weight is 10 kg;
b) the dimensions are 100 × 60 × 80 cm; and
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 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.
4.5.3 The location of the Parcel Lockers is available on the Website.
4.5.4 If 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.
4.6 Detailed rules for sending and receiving Parcels at a Branch
4.6.1 It is the Sender’s responsibility to inform the Recipient of the tracking number of the Parcel and the date of delivery and familiarize the Recipient with these Terms.
4.6.2 To receive the Parcel at a Branch, the Recipient shall indicate the tracking number of the Parcel or the number of the mobile phone to which the SMS notification about the delivery of the Parcel was sent.
4.6.3 The Operator shall deliver the Parcel to any person, including (but not limited to) the Customer or any person authorised to accept the Parcel on behalf of the Customer, only where the person can present a valid identity document to the Operator on receipt of the Parcel. A person who is not specified as the Recipient of the Parcel shall receive the Parcel after they specify the tracking number of the Parcel and present the corresponding authorization to receive the Parcel. A Parcel, the value of which does not exceed Euro [10000], addressed to a Recipient who is an individual 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.
4.6.4 Delivering a Parcel without confirming the Recipient’s identity is possible, if the Declared Value is less than Euro [10000] and the Recipient knows the tracking 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.
4.6.5 In order to receive a Parcel with a Declared Value of Euro [10000] or more, the Recipient must provide a document confirming their identity and indicate the receiving code sent in
the form of an SMS message to the number indicated as the Recipient’s number or by answering an incoming call to the number indicated as the Recipient’s number.
4.6.6 Receipt of the Parcel at the Branch is only possible during working hours of the Branch.
4.6.7 In accordance with the conditions stipulated for delivery at a Branch, it is possible to send a Parcel at the specified pick-up and delivery points of the Branch located within a separate operating enterprise (grocery store, clothing/home improvement store, mini-market, pharmacy, etc.). Only Parcels with a Declared Value of less than Euro 10 000, weighing not more than 10 kg, for which the maximum length of one side of the Parcel does not exceed 60 cm, can be collected or sent from these locations. If the Parcel is not picked up by the Recipient within 5 days of receipt at such a location, it shall be handed over to the nearest Branch.
4.7 Detailed rules of delivery of Parcels to an Address
4.7.1 Where a Parcel is to be delivered to an Address, the Recipient shall receive an SMS message to the telephone number specified by the Sender about the scheduled date of delivery of the Parcel.
4.7.2 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 in accordance with Article 4.6 of these Terms, unless specified otherwise below. The Parcel can be picked up within 7 days from the date of notification to the Recipient that it has been delivered to the Branch, after which it may be returned to the Sender without prior notice.
4.7.3 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.
4.7.4 Upon receipt of the Parcel by the Recipient or a member of the same household, the Operator may require such person to confirm receipt. Refusal to confirm receipt of the Parcel means refusal to receive the Parcel. The Operator shall then proceed to deliver the Parcel to a Branch in accordance with Article 4.7.2.
4.7.5 Where the Sender has specified that the Parcel must be delivered only to the Recipient, the Recipient shall be obliged to present a document proving their 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 to deliver the Parcel to a Branch in accordance with Article 4.7.2 of these Terms.
4.7.6 The Operator’s representative shall not be obliged to spend more than 15 minutes at the Address in connection with attempting the delivery of the Parcel.
4.7.7 Delivery of a Parcel to an Address is possible only where the specified Address can be reached by car within a distance of not more than 50 m.
4.7.8 Upon the Recipient’s request, it may be possible to postpone the delivery of the Parcel by up to 5 Business Days.
4.8 Detailed conditions of Parcels delivered to a Parcel Locker
4.8.1 A Parcel delivered to a Parcel Locker outside the Netherlands 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 Euro [10 000].
4.8.2 A Parcel delivered to a Parcel Locker within the Netherlands, shall meet following parameters:
a) the maximum permissible weight is 10 kg;
b) the dimensions are 100 × 60 × 80 cm; and
c) the value of the Parcel may not exceed Euro [10 000].
4.8.3 If the above parameters are not met, the Parcel shall be sent to the nearest Branch.
4.8.4 Delivering Parcels to the Parcel Locker is not possible for more than one Parcel per Address Label.
4.8.5 The Recipient shall receive an SMS message after the Parcel is placed in the Parcel Locker to the phone number specified by the Sender.
4.8.6 In order to receive the Parcel in the Parcel Locker, it is necessary to install the Operator’s Mobile Application and authorize using the mobile phone number specified as the number of the Recipient.
4.8.7 The Operator will place 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.
4.8.8 The Parcel Lockers are subject to the terms of use of the Operator’s partner and are available on the partner’s websites, as specified on the Website.
4.9 General rules of Parcel Delivery
4.9.1 The term of Parcel Delivery is from:
a) 1 Business Day for delivery within Netherlands; and
b) 5 Business Days for international delivery.
4.9.2 The Sender and the Recipient can track the Parcels through the Website after specifying the Parcel’s tracking number.
4.9.3 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.
4.9.4 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 may refuse to deliver the Parcel.
4.9.5 Where a Parcel cannot be delivered to the Recipient, and the Parcel is returned to the Sender by the Operator, the Operator is deemed to have discharged its obligations to the Sender under the Postal Service Agreement.
4.9.6 Where the Operator returns a Parcel in accordance with Article 4.9.5, the Sender shall not be entitled to a refund.
4.9.7 The returned Parcel shall be returned to the Sender under the same conditions under which it was sent to the Recipient.
5. Information required for To Send A PARCEL
5.1 For the purposes of the provision of the Postal Services, the Sender must provide the information specified in this Section 5.
5.2 Information about the Sender:
5.2.1 For organisations: full name, company registration number (or other relevant registration number), address (headquarters), Branch for dispatch, if applicable, mobile phone number and e-mail of the contact person.
5.2.2 For individuals: full name, address (residence), Branch for dispatch, if applicable, mobile phone number and e-mail.
5.3 Recipient Information:
5.3.1 For organisations: full name, identification number, address (headquarters), Branch for delivery, if applicable, cell phone number and e-mail of the contact person.
5.3.2 For individuals: full name, address (residence), Branch for delivery, if applicable, cell phone number and e-mail.
5.4 Shipping information of the Parcel: number of pieces, actual weight and dimensions, hs code, Declared Value, description of contents, selected variant of Postal Services.
5.5 Whether the Sender or Recipient is to pay the fees for the Postal Services.
5.6 The selected form of payment (cash/non-cash).
5.7 Any selected Additional Services.
5.8 Any other information that may affect the quality, duration, and cost of the Postal Services for example conditions of delivery, country of origin of the goods, detailed descriptions, or such other information as may reasonably be required by the Operator.
6. Payments
6.1 Fees for the Postal Services shall be determined in accordance with the current Pricelist.
6.2 The Sender must provide the Operator with all the information to accurately determine the total price for the selected Postal Services.
6.3 Where the Sender has not paid a relevant fee, the Recipient shall pay for the Parcel on its receipt, either:
6.3.1 in cash or by card (or other electronic means) on receipt of the Parcel at a branch of the Operator; or
6.3.2 by card (or other electronic means) only on receipt of the Parcel at any location other than a branch of the Operator.
6.4 In the event of a delay in payment of the price (or part thereof) for the Postal Service for more than 15 days, the Operator shall be entitled to suspend the provision of all the Postal Services until the owed sum has been paid in full.
7. Additional services
7.1 Where the Customer requests that the Operator provides any of the following Additional Services, the Customer shall make an additional payment to the Operator in accordance with the Pricelist:
7.1.1 Packaging – consists of 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 packaging from the assortment offered by the Operator.
8. TERMINATION OF A POSTAL SERVICE AGREEMENT
8.1 Where a Postal Service Agreement has been entered into, the Operator may terminate that Postal Service Agreement, if:
8.1.1 the contents or packaging of the Parcel puts third parties or the Operator at risk of any harm or damage;
8.1.2 there are inscriptions, pictures, drawings, or other symbols on the Parcel or in a visible part of its contents which violate any laws, that may be in force from time to time, in:
i. the country that the Parcel has been collected from;
ii. the country that the Parcel is being delivered to; or
iii. any other country that affects the ability of the Operator to successfully deliver the Parcel and discharge its obligations under the Postal Service Agreement.
8.1.3 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;
8.1.4 acceptance or transportation of the Package is prohibited by applicable law or other regulations; or
8.1.5 the Sender is in breach of any other provision of the Postal Service Agreement.
8.2 If the Operator, for the reasons stated in clause 8.1 above, terminates the Postal Service Agreement, the accepted Parcel shall be returned to the Sender and the fee for the Postal Service shall be refunded to the Sender (save that the Operator shall be entitled to deduct expenses for returning the Parcel from the refunded fee).
9. RECIPIENT’S RIGHT TO INSPECT A PARCEL
9.1 Unless expressly excluded in these Terms, the Recipient shall have an opportunity to open the Parcel and to check the condition of the Parcel for external damage and conformity of the goods to the order at the Branch or in the place of delivery at the Address in the presence of the Operator’s representative.
9.2 Inspection 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) Inspection 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; and
ii. connection of portable, home appliances to the electric mains (it is allowed to check for external defects and mechanical damages of the Parcel).
9.3 Where a Recipient completes an inspection of the Parcel, and the Parcel is damaged due to the direct actions of the Operator, the Operator shall return the Parcel and compensate the Sender for the Declared Value.
9.4 Where a Recipient completes an inspection of the Parcel, and the Parcel is damaged due to the actions of a third party, the Recipient shall not be entitled to return the Parcel to the Sender without making payment for the cost of return. Any dispute about those costs shall be settled between the Sender and the Recipient.
10. PROHIBITED ITEMS
10.1 Notwithstanding Article 10.2, a Parcel may not contain:
10.1.1 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,
10.1.2 items of criminal origin;
10.1.3 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.);
10.1.4 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[1] 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;
10.1.5 cylinders with liquid or gas, including all types of fire extinguishers (except empty cylinders without a valve);
10.1.6 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;
10.1.7 fluorescent lamps and other products containing mercury or asbestos and products made of them (pipes, slate, etc.);
10.1.8 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.
10.1.9 animals, insects, animal remains, untreated skins, ashes or human remains, human and animal organs, tissues and body fluids, and other biologically active objects;
10.1.10 living plants, especially those requiring special transportation conditions;
10.1.11 specimens of endangered species of wild fauna and wild plants, unless otherwise provided for in a special regulation;
10.1.12 tobacco products, electronic cigarettes and their parts;
10.1.13 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;
10.1.14 medicines and hygiene products requiring special storage and transportation conditions, ethyl alcohol, veterinary immunobiological products;
10.1.15 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;
10.1.16 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;
10.1.17 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;
10.1.18 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);
10.1.19 items or goods the circulation of which is restricted or prohibited in either the jurisdiction in which the Parcel is sent from, or the jurisdiction in which the Parcel is sent to;
10.1.20 other items prohibited by applicable law or other regulation.
10.2 The list of Prohibited Items is an exemplary and incomplete catalog which may be amended by the Operator from time to time.
10.3 Notwithstanding the abovementioned list, permitted substances include (according to UN Model Regulations Rev. 22 (2021)[2]):
10.3.1 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;
10.3.2 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);
10.4 Acceptance 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.
10.5 The Operator is entitled to request that the Sender prove the Parcel and its contents comply with these Terms prior to making payment for Postal Services and entering into a Postal Service Agreement. The Sender shall continue to be responsible for ensuring the Parcel and its contents remain compliant with the Terms during the provision of the Postal Services.
10.6 The Operator shall have the right not to accept a Parcel, return it to the Sender at the Sender’s cost, and refuse the provision of the Postal Services, if there is a reasonable suspicion that the Parcel contains Prohibited Items or otherwise fails to comply with applicable laws or other regulations
10.7 If the Operator has a reasonable suspicion that the Parcel contains or may contain content which is criminal or not allowed for trading according to the applicable law or any other regulation, the Operator may notify the relevant authorities.
10.8 If the Parcel 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 Parcel checked by the Operator will be marked with the clear information that the Parcel has been checked.
10.9 If, as a result of the fact that the Parcel contains Prohibited Items, the Operator, its employees or a third party suffers any damage, harm or losses, the Sender may be required to compensate such losses, damages, costs and expenses in full.
[1] In detail see: https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22.
[2] In detail see: https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22.
11. Procedure in case of non-delivery
11.1 Where article 11.2 applies, the Operator shall arrange for the return of the Parcel to the Sender.
11.2 If one of the following events occurs the Operator shall deem it impossible to deliver the Parcel to the Recipient:
11.2.1 the Parcel does not meet the conditions set out in these Terms;
11.2.2 the Parcel has an incomplete or incorrect Address Label;
11.2.3 the Recipient is not correctly identified on the Address Label; or 11.2.4 the Recipient refuses to accept the Parcel.
11.3 The return of the Parcel to the Sender does not affect the Operator’s right to payment for providing the Postal Services.
12. Procedure for opening a parcel
12.1 The Operator is entitled to open a Parcel if:
12.1.1 it cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the Postal Service Agreement;
12.1.2 there is reasonable cause to suspect that it contains an item deemed to be dangerous under these Terms or a Prohibited Item;
12.1.3 it has been damaged;
12.1.4 there is reasonable cause to suspect that damage has occurred or may occur before delivery; or
12.1.5 it is necessary to comply with obligations imposed on the Operator by applicable law or other regulation.
12.1.6 for postal items in the cases determined by law with the authorisation of the court or, in the interests of national security, by or with the authorisation of those designated for this purpose by law.
12.1.7 for postal items by order of the cantonal judge [“kantonrechter”] in the district Court of The Hague, such solely for the purpose of tracing the information concerning the sender or the addressee necessary for return or delivery.
12.2 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 the Netherlands.
12.3 The Operator is obliged to inform the Recipient of the opening of the Parcel upon delivery, or the Sender upon return of the Parcel.
12.4 The contents of a Parcel may be inspected upon opening only to the extent necessary to ensure the purpose of the inspection.
12.5 The Operator is entitled to open a Parcel in case of providing an address service for International shipments with the reason of inspection of the Parcel’s content before transferring to customs clearance procedure.
12.6 During the opening of the Parcel, the Operator shall at all times ensure protection of confidential information and personal data protected in accordance with applicable law or other regulation.
13. Procedure for selling or destroying a parcel
13.1 The Operator shall have a lien “retentierecht” on all Parcels carried for the Customer for any amount due to the Operator whether pursuant to the Postal Services Agreement or otherwise and for the cost of recovering the same.
13.2 If a Parcel cannot be delivered and cannot be returned to the Sender, the Operator shall store the Parcel on behalf of the Customer. The Operator is entitled to claim the costs of that storage back from the Customer.
13.3 If a Parcel has been stored by the Operator for at least 6 months, the Operator shall be entitled in its sole discretion to:
13.3.1 sell the Parcel, use the proceeds of sale to off-set the costs incurred by the Operator in storing the Parcel on behalf of the Customer, and account to the Customer for the balance remaining if any; or
13.3.2 where the Declared Value is less than the cost of selling the Parcel, or sale of the Parcel would be impractical, destroy the Parcel.
13.4 The Operator shall be entitled to destroy the Parcel or part thereof before the expiry of the period in Article 13.3 if it is necessary to ensure the protection of human health or if the contents of the Parcel have deteriorated in whole or part.
13.5 The provisions of this section shall not apply to Parcels that are considered inviolable under an international treaty that is part of the legal system of Netherlands (secrecy of correspondence or “briefgeheim”). The contents of a Parcel which is covered by the privacy of correspondence cannot be sold.
13.6 In case of a complaint by a Customer to the Operator in regard to a particular Parcel, the period stated in 13.1 shall be prolonged in respect of such Parcel until the expiration of the period during which all relevant legal remedies can be applied/exercised.
14. Force Majeure
14.1 Neither party shall be held liable for any damages or breaches of the Postal Service Agreement or delay in the performance of the obligations arising therefrom (with the exception of any payments due thereunder) 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.
14.2 Both parties shall make reasonable efforts to mitigate the consequences of force majeure on the performance of their obligations. Where due to force majeure the 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.
14.3 In this Article 14 force majeure shall mean any event or unforeseeable circumstance outside the reasonable control of the parties and which cannot be reasonably avoided or prevented, and which has not been caused by errors or omissions of the parties so affected. They include in particular, but without limitation, 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.
14.4 Suspension or restriction of provision of the Postal Services in accordance with Article 14.2 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.
14.5 The Operator may extend the duration of suspension or restriction of provision of Postal Services in accordance with Article 14.2 of these Terms for up to 10 Business Days after the end of the circumstances that caused its introduction, as announced on the Website.
15. Protection of personal data and Confidential information
15.1 The Operator is a data controller and shall only process the personal data of a Sender or Recipient in accordance with its Privacy Policy available on the Website.
15.2 In providing the Postal Services the Operator may also process the following information which is not personal data:
15.2.1 information 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;
15.2.2 the content of correspondence; or
15.2.3 the content of other postal items,
(Confidential Information)
15.3 The Operator shall maintain the confidentiality of such Confidential Information and use reasonable endeavours to prevent its disclosure to any unauthorized parties. The obligation of confidentiality can only be waived in writing by the Sender or the Recipient, their legal representative, or a person acting on their behalf with a valid written power of attorney.
15.4 The subject of any Confidential Information may only be disclosed by the Operator to the Sender, the Recipient, 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 any Confidential Information 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.
15.5 In order to provide Postal Services, the Operator will process data, including personal data of the Sender, the Recipient, 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 Recipient, information on the distribution process, and details regarding the inability to deliver the Parcel (“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 of delivering the Postal Services and to comply with any applicable laws in connection with the Postal Services and/or the Postal Service Agreement.
15.6 The 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.
15.7 The retention period for documents under 15.6 also applies to documents and data containing Personal Data of the Sender and Recipient and their authorized representatives.
15.8 When creating, processing and storing information and data in information systems, and when providing the Postal Services, the Operator is obliged to ensure their protection against disclosure to another person, disclosure or misuse.
15.9 The 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.
15.10 The Operator shall prevent unauthorized persons from accessing such premises by means of its employees, security doors, monitoring system or other security devices or measures.
15.11 Furthermore, 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 in accordance with these Terms.
15.12 The Operator shall not be considered a data controller or data processor for any Personal Data that is contained within a Parcel and shall have no liability in relation to any Personal Data in the event of misdelivery of a Parcel. 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.
16. Limitation of liability
16.1 The Operator does not accept liability for any Loss or Damage where:
16.1.1 the Parcel does not meet the requirements for acceptance as set out in these Terms; and/or
16.1.2 the Parcel contains Prohibited Items.
16.2 The Operator will not be liable to the Customer, nor pay any compensation for Loss or Damage that is caused by:
16.2.1 any latent or inherent defect in or natural deterioration of the contents of a Parcel;
16.2.2 a Parcel being inadequately packaged;
16.2.3 any kind of fraudulence or dishonesty, including where someone misrepresents their authority to receive a Parcel on the Recipient's or the Sender’s behalf;
16.2.4 any consequence of the Sender sending age-restricted products or potentially harmful or illegal products;
16.2.5 failure to pay the correct fees;
16.2.6 an event of force majeure; or
16.2.7 the Customer being in breach of any of its obligations under the Postal Service Agreement and that breach has directly or indirectly caused or contributed to such Loss or Damage.
16.3 Notwithstanding Articles 16.4 and 16.5, any Loss or Damage claimed by the Customer from the Operator shall be limited to either:
16.3.1 the amount paid by the Customer to the Operator for providing the Postal Services; or
16.3.2 where applicable under the Terms, the Declared Value.
16.4 For the avoidance of doubt, where the Customer is a Business Customer the Operator shall not be liable for any loss of profits, or any indirect, special or consequential loss, suffered by the Business Customer in connection with a Postal Service Agreement.
16.5 Nothing in these Terms shall limit or exclude the Operator’s liability for:
16.5.1 death or personal injury caused by the Operator’s negligence, or the negligence of its employees, agents or subcontractors (as applicable);
16.5.2 fraud or fraudulent misrepresentation; or
16.5.3 any other matter for which it is unlawful to exclude or limit liability.
16.6 Nothing in these Terms shall affect a Consumer’s statutory rights.
17. Insurance
Where the Customer is a Business Customer, and the Operator provides Postal Services to that Business Customer under these Terms, the Business Customer shall ensure that it has adequate insurance policies in place to cover any loss or damage suffered from, or in connection with, any of its business activities that use, rely on, or otherwise interact with the Operator or the Postal Services.
18. Entire agreement
The Postal Service Agreement constitutes the entire agreement between the parties. Each party acknowledges that in entering into a Postal Service Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Postal Service Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Postal Service Agreement.
19. Dispute resolution
If a dispute arises out of or in connection with a Postal Service Agreement or its performance or validity or enforceability (Dispute), then the parties shall follow the procedure set out in this Article 19.
19.1 Either party shall give to the other written notice of the Dispute, setting out its nature
and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the parties shall attempt in good faith to resolve the Dispute.
19.2 If the parties are, for any reason, unable to resolve the Dispute within 30 working days of service of the Dispute Notice, the parties agree (except where the cost of mediation shall exceed the value of the Dispute) to enter into mediation in good faith to settle the Dispute in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 30 working days of service of the Dispute Notice, the mediator will be nominated by CEDR. To initiate mediation, a party must give notice in writing (ADR Notice) to the other party to the Dispute, referring the dispute to mediation. In case the mediation fails, the court in The Hague has jurisdiction for the Dispute.
20. Additional and final provisions
20.1 An up-to-date version of these Terms is available on the Website and at Branches.
20.2 The Operator shall notify changes to these Terms and the Pricelist on the Website at least 30 days before the date of entry into force. This information will also be available at any Branch.
20.3 If 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.
20.4 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and constructed in accordance with the law of Netherlands.
20.5 Each party irrevocably agrees that the courts of Netherlands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
20.6 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. This shall not affect the validity of the remaining parts of these Terms.
20.7 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.
20.8 The validity of these Terms is given by their date of issue from 15.03.2024.