TERMS AND CONDITIONS OF POSTAL SERVICES
- 1GENERAL PROVISIONS
These terms and conditions (“Terms”) govern the provision of postal services of NOVA POST US INC., with its registered seat at 303 FIFTH AVENUE, SUITE 1101, NEW YORK, NY, UNITED STATES, 10016, Identification number 7540147 (“Company”), to Customers (as defined below).- 1.1Capitalized terms used in these Terms have their meaning specified further in this Article 1.1:
- 1.1.1Additional Services – additional services specified in Article 7 hereof, which are services with additional payment according to the Pricelist;
- 1.1.2Address – a place specified in a Shipment Form and accepted by Operator for Delivery including for the Shipment return to the Sender;
- 1.1.3Address Label – a label with the Address of the Recipient generated by the Sender or the Operator when ordering a Delivery;
- 1.1.4Business Customer – a customer of the Operator that uses the Services within the framework of its business activities;
- 1.1.5Business Days – ordinary days from Monday to Friday, except federal holidays in the United States;
- 1.1.6Branch – the facility of the Operator where it is possible to send and receive Shipments. For the purpose of sending and receiving Shipments, Branches are also locations operated through third parties other than the Operator, which are not operated by the Operator;
- 1.1.7Cargo – an item with an actual or volumetric weight of more than 30 kg and features listed under Paragraph 2.1.3 of these Terms that is handed over by the Sender to the Operator for delivery to the Recipient in accordance with these Terms;
- 1.1.8Consumer – a natural person who uses the Services for personal aims outside their business or professional activities;
- 1.1.9Customer – Business Customer or Consumer, or Sender;
- 1.1.10Delivery – a transfer or transportation of Shipment for Customers from one place to another one within the territory of the United States or internationally in accordance with these Terms;
- 1.1.11Document – an item with the features listed under Paragraph 2.1.1 of this Terms that is handed over by the Sender to the Operator for delivery to the Recipient in accordance with these Terms;
- 1.1.12Fee(s) (for Services) - an amount of money paid Operator for providing Services.
- 1.1.13Loss or Damage - loss of or damage to a Shipment or any other direct, indirect, special or consequential loss associated with such loss or damage.
- 1.1.14Operator – the Company or an authorized person acting on behalf of the Company;
- 1.1.15Operator’s Mobile Application – means the software for quick access to the information on Delivery 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 Shipment, 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 - 1.1.16Operator`s services - services specified in Article 8 hereof;
- 1.1.17Parcel – an item with the features listed under Paragraph 2.1.2 of this Terms that is handed over by the Sender to the Operator for delivery to the Recipient in accordance with these Terms;
- 1.1.18Parcel Locker – a machine which allows sending and picking up Shipments using the access data provided by the Operator or its partner;
- 1.1.19Postal Service Agreement – the agreement, based on a public offer, between the Customer and the Operator, under which the Operator provides Services;
- 1.1.20Postal Services –services of Delivery that the Operator agrees to provide to the Customer and the Customer agrees to pay the Operator for it in accordance with these Terms;
- 1.1.21Pricelist – the Operator’s current list of prices for Services;
- 1.1.22Recipient – a person specified by the Sender as a recipient of Shipment;
- 1.1.23Sender – a person who proposes Shipment to Operator for Delivery;
- 1.1.24Services – Postal Services and/or Additional Services, and/or Operator`s services;
- 1.1.25Shipment – any type of item (including Documents, Parcels and Cargo) that is handed or proposed to be handed over by the Sender to the Operator for delivery to the Recipient in accordance with these Terms;
- 1.1.26Shipment Form – the form provided by the Operator when a Customer orders a Postal Service;
- 1.1.27
- 1.2By handing over the Shipment to the Operator, the Customer confirms that he/she has read and agrees with these Terms.
- 1.3The current version of these Terms is available on the Website and at every Branch.
- 2CATALOG OF POSTAL SERVICES
- 2.1The Operator provides the following Postal Services:
- 2.1.1Document delivery
- a)Weight: maximum permissible weight is up to 2,5 kg;
- b)Dimensions: length – up to 35 cm, width – up to 25 cm, height – up to 25 cm;
- c)Other information: package or carton envelope.
- 2.1.2Parcel delivery
- a)Weight: maximum permissible weight is 30 kg;
- b)Dimensions: largest side not greater than 120 cm, and the total sum of all sides not greater than 150 cm
- c)Other information: is rectangular in shape;
- d)The Parcel value may not exceed of USD10 000
- 2.1.3Cargo delivery
- 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 valuemay not exceed of USD10 000
- 2.2The Operator provides Postal Services in the following variants:
- 2.2.1Address–Address – receiving of Shipment at the Sender’s address and its delivery to the Recipient’s address.
- 2.2.2Address–Branch – receiving of Shipment at the Sender’s address and its delivery to the Recipient at the Branch in the Recipient’s city.
- 2.2.3Address¬–Parcel Locker – receiving of Shipment at the Sender’s address and its delivery to the Recipient’s Parcel Locker.
- 2.2.4Branch–Branch – receiving of Shipment from the Sender at the Branch in the Sender’s city and its delivery to the Recipient at the Branch in the Recipient’s city.
- 2.2.5Branch–Address – receiving of Shipment from the Sender at the Branch in the Sender’s city and its delivery to the Recipient’s address.
- 2.2.6Branch–Parcel Locker – receiving of Shipment from the Sender at the Branch in the Sender’s city and its delivery to the Recipient’s Parcel Locker.
- 2.3In case of closure, temporary unavailability, or transfer of the dispatch point or Parcel Locker, the Operator shall have the right to change the place or method of delivery upon prior notice to the Customer.
- 3GENERAL CONDITIONS OF POSTAL SERVICES
- 3.1An 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 Shipment for Delivery (whichever is the earlier), at which point a Postal Service Agreement will be formed between the Sender and the Operator.
- 3.2The Operator shall provide Postal Services on the dates indicated on the Website for Postal Services.
- 3.3The Operator provides Postal Services on the territory of the United States and in other countries, specified on the Website.
- 3.4Acceptance and delivery of the Shipment shall be performed on Business Days.
- 3.5The availability of delivery and dispatch to and from the Parcel Lockers is specified on the Website. The Operator does not guarantee the availability of Parcel Lockers in a particular territory. Delivery of Shipments to the Parcel Locker is possible to the Parcel Locker within the territory of the United States and other countries specified on the Website.
- 3.6The Operator may engage subcontractors to perform some or all of the Services. The Operator contracts on its own behalf and on behalf of its servants, agents, and subcontractors, each of whom shall have the benefit of these Terms, including but not limited to limitations and exclusions on liability. No such party has the authority to waive or vary these Terms.
- 4RECEIVING AND ISSUING SHIPMENTS, PROVISION OF POSTAL SERVICES
- 4.1General rules. Delivery, return and refund rules.
- 4.1.1The Shipment must be properly packaged by the Sender, ensuring the safety of the Postal 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.
- 4.1.2The way of packaging the Shipment shall comply with the packaging rules posted on the Website. The Operator assumes no liability for any damage occurred to the Shipment for incorrect packaging.
- 4.1.3The way of packaging the Shipment must ensure that it is marked with the corresponding Address Label.
- 4.1.4Shipments exceeding the permissible dimensions or weight limits are accepted for transportation only after a prior agreement with the Operator.
- 4.1.5If the Operator decides that it is necessary to declare the value of the Shipment by the Sender in order to perform the Postal 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 Postal Service in accordance with the applicable Pricelist.
- 4.1.6The Sender has to specify exactly the address of the Recipient or the address of the Parcel Locker or Branch, where the Parcel is to be delivered. The Sender is responsible for the correctness and completeness of the data specified for delivery of the Shipment.
- 4.1.7The Sender orders a Postal Service through the Website specifying, as required therein, the variant of the Postal Service, address of the Sender and the Recipient, and/or method and place of delivery.
- 4.1.8After placing the order for the Postal Service through the Website, the Sender gets an opportunity to create an Address Label, which must be clearly and firmly attached to the package of the Shipment before the Shipment is shipped.
- 4.1.9Any marking applied by the Sender to the package of the Shipment shall not cover the Address Label and shall not contain any content prohibited by applicable law and these Terms.
- 4.1.10The Sender shall pay for the provision of Postal Services in advance according to the selected type of the Postal Service and Pricelist using the payment methods available on the Website, except for the payment on delivery option, in which case the provision of the Postal Service is paid on the conditions specified by these Terms.
- 4.1.11The Operator has a right to refuse to provide Services or is entitled to withdraw from Postal Service Agreement or any other agreement with Customer, if:
- a)Shipment or supposed conditions of Delivery do not meet the requirements for the provision of Services set forth in applicable law or in other regulation, or in these Terms;
- b)the contents or packaging of Shipment may put anyone at risk of harm;
- c)inscriptions, pictures, drawings or other symbols on a package or any other coverage of the surface of Shipment or on a visible part of its contents violate applicable law or other regulation or these Terms;
- d)the territory where the Postal Service is supposed to be provided is not covered by the business activity of Operator;
- e)acceptance or transportation of the Shipment is prohibited by applicable law or other regulations.
- 4.1.12If the Operator, for the reasons stated above, withdraws from the Postal Service Agreement, the accepted Shipment shall be returned to the Sender at the Sender’s expense and the fee for the Postal Service shall be refunded to the Sender (the Operator shall be entitled to deduct expenses for returning the Shipment from the refunded fee).
- 4.1.13The Operator who has concluded the Postal Service Agreement with the Sender shall indicate the received Shipment with the information about acceptance of payment for the Postal Service or indicate the method of payment for the Postal Service and shall allow its identification.
- 4.1.14The Shipment that cannot be delivered to the Recipient Article 12 applies.
- 4.1.15The returned Shipment shall be returned back to the Sender under the same conditions under which it was sent to the Recipient.
- 4.1.16If the Sender does not receive the Shipment within 7 days from the date of the Sender’s notice of return, the Shipment shall be deemed unclaimed.
- 4.1.17Operator may open and inspect a Shipment in cases specified in Article 13 of these Terms.
- 4.2Size and weight of the Shipment
- 4.2.1The price of the Postal service may depend on the weight and size of the Shipment in accordance with the Pricelist.
- 4.2.2There are two ways to determine the weight of the Shipment: actual and volumetric. The cost of Postal Services, where applicable, shall be calculated by the greater weight value – actual or volumetric – according to the Pricelist.
- 4.2.3The actual weight shall be determined by weighing the Shipment on the scales.
- 4.2.4The volumetric weight is determined based on the external dimensions of the Shipment (whereas the external dimensions in the case of irregular shape are measured according to the most protruding points) using the formula: Volumetric weight [kg] = Length [cm] × Width [cm] × Height [cm] / 4 000.
- 4.3Parcel and Cargo
- 4.3.1Parcels can be accepted by the Operator at a Branch, via a Parcel Locker, or at the Address specified by the Sender.
- 4.3.2Cargos can be accepted by the Operator at a Branch, specified by the Operator on the Website.
- 4.3.3The Customer who wishes to send a Parcel or a Cargo bring them to the Branch or fills out a Shipment Form through the Website and pays the service fee.
- 4.3.4The Address Label shall be valid for 14 days from the day of its creation via the Website. After this period, the Address Label expires.
- 4.3.5When forming the Shipment Form, the Customer receives the number of the shipment, by which it is possible to get information about the status of the Postal Service.
- 4.3.6When receiving the shipment, the Operator inspects the completeness of the Address and the payment for the Services.
- 4.3.7If the Operator discovers the absence of the correct Address Label, incomplete Address, incorrect packaging of the shipment or the shipment 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 shipment.
- 4.3.8Receiving of the shipment by the Operator does not mean that the contents of the Parcel or Cargo have been inspected and correspond to these Terms and the applicable law or other regulation. The Sender is responsible for the correct packaging of the shipment, its compliance with the applicable law and other regulation, for notification by the Recipient number of the shipment, delivery date, and the Recipient's acknowledgment of these Terms.
- 4.3.9Parcels or Cargos in the form of corrugated cardboard packages, connected with each other by stretch film and tape, are not accepted. Notwithstanding the previous sentence, a Parcel of bundled packages may be sent from a Branch provided the following conditions are met:
- a)the Parcel or Cargo contains only textile products (clothing, fabric, soft goods);
- b)the total weight of the Parcel does not exceed 10 kg; and
- c)the packages are connected by at least five layers of stretch film and tape to form a single Parcel.
- 4.3.10Parcels and Cargos accepted by the Operator after 3 p.m. will be dispatched the next Business Day.
- 4.3.11If Operator suspects that Shipment has any characteristics of the prohibited item specified in Article 9 hereof, the Operator is entitled to inspect Shipment and request Sender to do it. In case of Sender`s refusal to inspect Shipment by the Operator, the latter is entitled to refuse the provision of Postal Services for the Shipment.
- 4.4Detailed conditions of Delivery to the Address
- 4.4.1In case of delivery of the Shipment to the Address, Shipments cannot exceed 68 kg per Shipment, the maximum length together with the packing cannot exceed 120 cm, and the sum of dimensions cannot exceed 150 cm, unless the Operator and Customer agree otherwise.
- 4.4.2The Customer must allow the Operator to (i) reach the place indicated as the Address and (ii) drive in the car near the indicated Address of receipt of the Shipment within the distance of not more than 50 meters.
- 4.4.3If the total weight of the Shipment, in total, exceeds 30 kg, the Customer shall ensure loading of the Shipment on the Operator’s vehicles himself.
- 4.4.4The Customer shall provide packaging, labeling and information support for the Shipment in accordance with the provisions of these Terms.
- 4.4.5The Customer is obliged to provide the Operator with an opportunity to receive the Shipment, drawn up in accordance with these Terms, at the specified date and place.
- 4.5General rules of Delivery
- 4.5.1The term of Delivery is from 3 Business Day for delivery within the United States and from 5 Business Days for international delivery.
- 4.5.2Delivery of Shipments with guaranteed time of delivery is possible under the conditions agreed with the Customer in the individual Postal Service Agreement.
- 4.5.3The Sender and the Recipient can track the Shipments through the Website after specifying the Shipment’s number.
- 4.5.4When delivering international Shipments, 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 Shipment and its contents.
- 4.5.5If, according to the Sender’s information, the Shipment includes items that are allowed to be purchased only by adults, the Operator may require the Recipient of the Shipment 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 Shipment.
- 4.6Detailed rules for delivering and sending Shipments to the Branch
- 4.6.1If the Sender is the payer of the Service and the form of payment is cash, the Sender shall settle with the Operator. The Sender is obliged to inform the Recipient of the number of the Shipment and the date of delivery and familiarize the Recipient with these Terms.
- 4.6.2To receive the Shipment at the Branch, the Recipient shall indicate the number of the Shipment or the number of the cell phone to which the SMS notification about the possibility of receiving the Shipment was sent.
- 4.6.3The Recipient who is a natural person, or a person receiving the Package on behalf of the Recipient who is a legal entity (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.
- 4.6.4Delivering a Shipment without confirming the Recipient’s identity is possible, if the declared value of the Shipment is less than USD 6000 and the Recipient knows the number of the Shipment and can provide the receiving code sent in the form of an SMS message to the number specified as the Recipient’s number.
- 4.6.5In order to receive a Shipment with the value of USD 6000 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.
- 4.6.6Person who is not specified as the Recipient of the Shipment shall receive the Shipment after he/she specifies the number of the Shipment and presents the corresponding authorization to receive the Shipment. A Shipment, the value of which does not exceed USD800, addressed to a Recipient who is a natural person may be received by a person in the same household upon presentation of a document confirming the residency in such household or kinship with the Recipient.
- 4.6.7Receipt of the Shipment at the Branch is possible during working hours of the Branch.
- 4.6.8Under the conditions stipulated for delivery at the Branch, it is possible to send the Shipment 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 Shipment with the declared value less than USD10 000, weighing not more than 10 kg, for which the maximum length of one side of the Shipment does not exceed 60 cm, can be collected or sent. If the Shipment is not picked up by the Recipient within 5 days, it shall be handed over to the nearest Branch.
- 4.7Detailed rules of delivery of Shipments to the Address
- 4.7.1In case of delivery of the Shipment to the Address, the Recipient shall receive an SMS message on the telephone number or email, specified by the Sender, about the scheduled date of Delivery of the Shipment.
- 4.7.2If the Delivery is made to the Address, in the absence of the Recipient or a member of the same household able to receive the Shipment, the Shipment shall be delivered by the Operator to a Branch, where the Shipment can be picked up by the Recipient according to the Article 4.7 of these Terms, unless specified otherwise below. The Shipment 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.
- 4.7.3The Operator is not required to verify the identity of the person receiving the Shipment at the Address. The person receiving the Shipment at the Address shall be deemed to have the right to receive the Shipment.
- 4.7.4Upon receipt of the Shipment 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 Shipment. The Operator shall then proceed analogically to Article 4.8.2 of these Terms.
- 4.7.5In case of delivery of the Shipment for which the 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 Shipment. The Operator shall then proceed analogically to Article 4.8.2 of these Terms.
- 4.7.6The time of presence of the Operator’s representative at the Address in connection with the delivery of the Shipment shall not exceed 15 minutes.
- 4.7.7Delivery of a Shipment 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 Shipment to the Address is possible only for shipments weighing up to 30 kg.
- 4.7.8Upon the Receiver’s request, it is possible to postpone the delivery of the Shipment by up to 5 Business Days.
- 4.8Detailed conditions of Delivery to a Parcel Locker
- 4.8.1A Shipment delivered to a Parcel Locker within the territory of Ukraine shall meet the following parameters:
- a)the maximum permissible weight is 20 kg;
- b)the dimensions are 40 × 30 × 60 cm; and
- c)the value of the Shipment may not exceed USD250
- 4.8.2If these parameters are not met, the Shipment shall be sent to the nearest Branch.
- 4.8.3Delivering Shipments to the Parcel Locker is not possible for more than one Shipment per Address Label.
- 4.8.4The Recipient receives an SMS message after the Shipment is placed in the Parcel Locker to the phone number specified by the Sender.
- 4.8.5In order to receive the Shipment in the Parcel Locker, it is necessary to install the Operator’s Mobile Application and authorize using the cell phone number specified as the number of the Recipient.
- 4.8.6In case the Recipient pays for the Shipment, it is necessary to pay for it with a bank card in the Operator’s Mobile Application prior to receiving the Shipment. Detailed Operator’s Mobile Application terms are available on the Website.
- 4.8.7The Operator places the Shipment 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 Shipment to another Parcel Locker located nearby, change the date of delivery, or change the form of delivery. The Operator shall notify the Recipient thereof.
- 4.8.8The Shipment distribution schedule is available on the Website.
- 4.8.9The terms of use of Parcel Lockers of the Operator’s partner are available at partners websites, specified on the Website.
- 5INFORMATION REQUIRED TO PROVIDE POSTAL SERVICES
- 5.1For the purposes of the provision of Postal Services, the Sender is required to provide information specified below in this Article 5.
- 5.2Information about the Sender:
- 5.2.1For legal entity and sole proprietorship: full name, company registration number (or other relevant identification number), address (headquarters), Branch for dispatch, Cell phone number and e-mail of the contact person (if applicable).
- 5.2.2For natural persons: full name, address (residence), Branch for dispatch, cell phone number and e-mail (if applicable).
- 5.3Information about the Recipient:
- 5.3.1For legal entity and sole proprietorship: full name, company registration number (or other relevant identification number, address (headquarters), Branch for delivery, cell phone number and e-mail of the contact person (if applicable).
- 5.3.2For natural persons: full name, address (residence), Branch for delivery, cell phone number and e-mail.
- 5.4Shipping information of the Shipment: number of pieces, actual weight and dimensions, hs code, declared value, description of contents, selected variant of Postal Services.
- 5.5Payer for Services.
- 5.6Form of payment (cash/non-cash).
- 5.7Selected Additional Services.
- 5.8Other information that may affect the quality, duration, and cost of Services for example conditions of delivery, country of origin of the goods, detailed descriptions or other information as may be required reasonably by the Operator.
- 5.9The Operator will process any information that qualifies as personal information under the applicable law as required by the federal, state, provincial, or local laws or regulations applicable, and in accordance with privacy policies available on the Website.
- 6PAYMENTS
- 6.1Fees for Services are determined in accordance with the current Pricelist. The Fees may be paid by any person interested in delivery of Shipment in cash, by card or other means permitted by law and accessible within Services of Operator.
- 6.2The Sender must provide the Operator with all the information needed to determine the Fees for the selected Services.
- 6.3If Services are not paid by Sender, it must be paid by a Recipient of Shipment or any other person before receipt of the Shipment, otherwise the Shipment shall not be handed over to the Recipient.
- 6.4In the event of a delay in payment of the Fees for Services for more than 15 days from the date of arrival of the Shipment to the Address, the Operator is entitled to suspend the provision of Services until the Fees is paid in full.
- 7ADDITIONAL SERVICES
- 7.1The Operator provides, upon the Customer’s request, the following Additional Services, which are Services with additional payment according to the Pricelist:
- 7.1.1Packaging – consists in placing the Shipment in the appropriate type of packaging that will contribute to the safety of its transportation and storage and its protection. The Shipment is packed in packages from the assortment offered by the Operator.
- 8OPERATOR’S SERVICES
- 8.1“Business Account” is a user account which is accessed via the Website and through which the Customer can create Address Labels, order Additional services, etc. on its own.
- 8.2“Recovering the Number of the Shipment Notification” provides notification of the Recipient or Sender about the number of the Shipment after sending the request to the Operator at the Branch and confirming the identity.
- 8.3“Tracking of a Shipment“ provides the ability to track the location of a Shipment by the number of the Shipment. The service can be used on the Website or via the Mobile Application.
- 8.4“Review of the Shipment” gives the Recipient an opportunity to open the package and to inspect the condition of the Shipment 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 Shipment, if such is provided for in the Postal Service Agreement.
- 8.4.1Review of the Shipment is prohibited, if it concerns:
- a)connecting devices, media and mechanisms not included in the Shipment (except SIM cards, headphones, batteries, flash drives (e.g., to inspect the TV matrix for defects));
- b)use of consumables available in the Shipment (e.g., perfume bottles for spray testing, cosmetic test products);
- c)use of the contents of the Shipment 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 Shipment 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 Shipments and their contents (except for stickers applied to packages of computer, electronic and optical products);
- g)opening of packed Shipments, the first opening of which is provided by one of these methods (only external inspection for damage is allowed):
- 1seals (bags stitched with string; metal or paper stuffing on cans, perforations on the neck of lids on liquid containers, etc.);
- 2thermal 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;
- 3blister 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;
- 4polyethylene 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 Shipment outside a Branch (for Shipments sent to the Branch);
- j)in case of delivery to the Address:
- 1removal of the box in which the Shipment is packed;
- 2connection of portable, home appliances to the electric mains (it is allowed to inspect for external defects and mechanical damages of the Shipment).
In case of violation of these conditions, the Recipient is obliged to pick up the Shipment and pay the cost of services assigned to him.
Where a Recipient completes a review of the Shipment, and the Shipment is damaged due to the direct actions of the Operator, the Operator shall return the Shipment and compensate the Sender for the declared value.
Where a Recipient completes a review of the Shipment, and the Shipment is damaged due to the actions of a third party, the Recipient shall not be entitled to return the Shipment 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.
- 8.5“Reshipment of the Shipment” gives the Recipient an opportunity to reship the Shipment when he is absent, through the payment of the corresponding compensation.
The Recipient can also reject the Shipment before opening or internally examining it. - 8.6“Information” means informing the Recipient and Sender about the time of arrival, delivery, and storage of the Shipment. The service is provided in the form of SMS messages, messages in Operator’s Mobile Application, or via WhatsApp, telephone or electronic conversation, or email.
- 8.7“Change of Data” allows the Sender to change the data indicated in the Address Label from the moment of its creation or retrieve the Shipment until the Shipment 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.
- 9PROHIBITED ITEMS
- 9.1The Operator has a right to refuse to provide Services or may withdraw the Postal Service Agreement if Shipment contains in particular, but not limited to:
- 9.1.1valid and invalid banknotes and coins, including foreign currency, securities, payment cards, and other means of payment, stamps and postage stamps and other valuables, works of art, jewelry, excluding imitation of jewelry and costume jewelry; precious stones, precious metals, items of antique value and other items of special value, securities with a marked denomination in other than insured mail,
- 9.1.2items of criminal origin;
- 9.1.3weapons;
- 9.1.4explosive, flammable and other dangerous substances, except the biological perishable substances exchanged between official laboratories and the radioactive substances lodged by senders duly authorized;
- 9.1.5cylinders with liquid or gas, including all types of fire extinguishers (except empty cylinders without a valve);
- 9.1.6fluid containers without manufacturer’s labels (stickers) with information about the name of the substance, its properties and storage conditions, with signs of deterioration, signs of leakage, unpleasant odor, packaged improperly; if the liquid has chemical properties, appropriate marking is required;
- 9.1.7fluorescent lamps and other products containing mercury or asbestos and products made of them (pipes, slate, etc.);
- 9.1.8used batteries, including those for cars, motorcycles, agricultural machinery. New batteries for cars, motorcycles, agricultural machinery with contacts covered with factory plastic covers (both with and without factory packaging) may be transported only to the address.
- 9.1.9live animals without an special authorization or without being exchanged between official institutions;
- 9.1.10living plants, especially those requiring special transportation conditions;
- 9.1.11specimens of endangered species of wild fauna and wild plants, unless otherwise provided for in a special regulation;
- 9.1.12tobacco products, electronic cigarettes and their parts;
- 9.1.13food products requiring special temperature conditions or with a shelf life of up to 5 days (the expiration date is indicated on the package), chilled or frozen food, dairy products, vegetables and fruit; transportation of other food products may be additionally restricted for territories subject to restrictions or instructions on embargoes, quarantine, etc., as determined by state authorities;
- 9.1.14medicines and hygiene products requiring special storage and transportation conditions, ethyl alcohol, veterinary immunobiological products;
- 9.1.15opium and derivatives, cocaine and other narcotic or psychotropic substances, except when they are sent for medicinal purposes and together with the official authorization;
- 9.1.16flavoring and odor-emitting items, items which are dirty and may cause harm to other objects or to human or animal health (including cooked food, heavily contaminated parts, items in oil or other corrosive substances, bacteria and live), viruses, toxic substances;
- 9.1.17in the case of international shipments, goods whose import or export is forbidden or requires special permission in accordance with the regulations of the respective country of dispatch, transit or destination;
- 9.1.18items or goods whose shipping is prohibited to the country of origin or destination;
- 9.1.19items or goods the circulation of which is restricted or prohibited;
- 9.1.20other items prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin or destination country;
- 9.1.21items whose traffic is a crime;
- 9.1.22items whose nature or packaging may constitute a danger for the employees of the Operator or cause a damage to other shipments;
- 9.1.23items whose packaging contains texts or drawings that vulnerate human rights;
- 9.1.24products subject to a reserved regime and not provided with the special authorization to circulate within the postal network.
- 9.2All hazardous items must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations and, where applicable, Title 49 of the Code of Federal Regulations.
- 9.3The Operator only accepts the Shipments containing hazardous materials if prepared in accordance with U.S. Department of Transportation requirements.
- 9.4The Operator has a right to invite the Sender to open and inspect the Shipment, not to accept a Shipment, return it to the Sender at the Sender’s cost, and refuse the provision of Services, if there is a reasonable suspicion that the any characteristics of the Shipment areunacceptable under the provisions hereof and/or applicable law or other regulation.
- 9.5Acceptance of the Shipment by the Operator does not mean that the Operator inspects its contents and that the performance of the Postal Service is acceptable in relation to the specific contents of the Shipment. It is the responsibility of the Sender to ensure that Shipment and any entry in the Shipment Form made by the Sender does not violate any federal, state, provincial, or local laws or regulations applicable to the Shipment.
- 9.6The Operator is entitled to require the Sender to prove that the Shipment and its treatment comply with these Terms prior to payment for Postal Services and entering into a Postal Service Agreement. The Sender shall continue to be responsible for ensuring the compliance with the these Terms during Delivery of the Shipment.
- 9.7If the Operator has a reasonable suspicion that the Shipment contains or may contain prohibited objects or 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 in cases at their discretion.
- 9.8Upon the Operator`s refusal of the provision of Postal Services the return of Shipment is made at the Sender’s expense.
- 9.9If Shipment has to be inspected the inspection shall be carried out by the Operator or, if it is not possible, by the person(s) authorized by the Operator and in the presence of the Sender. The Shipment that was inspected is marked with the clear information about the fact of such inspection.
- 9.10Sender is obliged to compensate, indemnify an injured party against alllosses, damages, costs and expenses caused by prohibited or illegal characteristics of the Shipment.
- 10DECLARED VALUE
- 10.1The 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.
- 10.2Loss or Damage to the Shipment is compensated by payment of an amount corresponding to the declared value. Fees for Services, which the Sender paid, is also compensated by the payment of the declared value in the event of Shipment Loss or 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.
- 11DISPUTE RESOLUTION
- 11.1If any dispute arising out or connected to the Terms, the Postal Service Agreement or the performance of the Services, then the parties shall follow the procedure set out in this Article 11.
- 11.2Either party shall give to the other written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documents. On service of the dispute notice, the parties shall attempt in good faith to resolve the dispute.
- 11.3If the parties are, for any reason, unable to resolve the dispute within 30 days of service of the dispute notice, the parties agree that the dispute should be resolved by a court of competent jurisdiction of the State of New York.
- 12PROCEDURE IN CASE OF NON-DELIVERY
- 12.1Where Article 12.2 applies, the Operator shall arrange for the return of the Shipment to the Sender.
- 12.2If one of the following events occurs the Operator shall deem it impossible to deliver the Shipment to the Recipient:
- 12.2.1the Shipment does not meet the conditions set out in these Terms;
- 12.2.2the Shipment has an incomplete or incorrect Address Label;
- 12.2.3the Recipient is not correctly identified at the Address Label;
- 12.2.4the Recipient refuses to accept the Shipment;
- 12.2.5the other circumstances specified in these Terms.
- 12.3The return of the Shipment to the Sender does not affect the Operator’s right to receive the payment for the provided Services.
- 12.4If the Shipment is undeliverable for any reason, the Operator will attempt to contact the Sender to arrange for the return of the Shipment, subject to any 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 applicable law.
- 12.5If the Shipment cannot be delivered, cleared or returned, the Operator may transfer or dispose of the Shipment, in accordance with applicable law. 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.
- 12.6Shipments that cannot be returned due to applicable law shall be sent for temporary storage, placed in a regular warehouse or a prescribed customs warehouse or disposed of in accordance with such rules and The Sender agrees to compensate all expenses incurred by the Operator in connection with the aforementioned actions.
- 13PROCEDURE FOR OPENING A SHIPMENT
- 13.1The Operator is entitled to open and inspect a Shipment if:
- 13.1.1it cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the Postal Service Agreement; or
- 13.1.2there is a reasonable suspicion that it contains a hazardous or prohibited item under these Terms; or
- 13.1.3it has been damaged; or
- 13.1.4it is suspected the Shipment may cause any sort of damage; or
- 13.1.5it is necessary to comply with obligations imposed on the Operator by applicable law or other regulation.
- 13.2The provisions of Article 13.1 shall not apply to a Shipment whose external arrangement makes it clear that it is inviolable under an international treaty forming part of the legal system of the United States.
- 13.3The Operator is obliged to inform the Recipient of the opening of the Shipment upon delivery or the Sender upon return of the Shipment.
- 13.4The contents of a Shipment may be inspected upon opening only to the extent necessary to ensure the purpose of the inspection.
- 13.5The Operator is entitled to open a Shipment upon international delivery for inspection of its content before transferring it to the customs clearance procedure.
- 13.6During the opening of the Shipment, the Operator shall at all times ensure protection of confidential information and personal data protected under applicable law or other regulation.
- 14PROCEDURE FOR SELLING OR DESTROYING A SHIPMENT
- 14.1The Operator shall have a lien on all Shipments carried for the Customer for any amount due to the Operator whether pursuant to the Shipment Services Agreement or otherwise and for the cost of recovering the same.
- 14.2If a Shipment cannot be delivered and returned to the Sender, the Operator shall store the Shipment on behalf of the Customer. The Operator is entitled to claim the costs of that storage back from the Customer.
- 14.3a Shipment is stored by the Operator more than 3 months, the Operator is entitled at its sole discretion to:
- 14.3.1sell the Shipment, use the proceeds of sale to off-set the costs incurred by the Operator in storing the Shipment on behalf of the Customer, and account to the Customer for the balance remaining if any; or
- 14.3.2where the declared value is less than the cost of selling the Shipment, or sale of the Shipment would be impractical, destroy the Shipment.
- 14.4The Operator shall be entitled to destroy the Shipment or part thereof before the expiry of the period in Article 14.3 if it is necessary to ensure the protection of human health or if the contents of the Shipment have deteriorated in whole or in part.
- 14.5The provisions of this section shall not apply to Shipments that are considered inviolable under an international treaty that is part of the United States legal system. The contents of a Shipment, which is covered by the privacy of correspondence, cannot be sold.
- 14.6In case of a complaint directed by a Customer to the Operator in regard to the actions re particular Shipment, the storage of the Shipment may be prolonged for the period of relevant remedies.
- 15FORCE MAJEURE
- 15.1Neither party shall be held liable for any damages or breaches of these Terms or delay in the performance of the obligations arising therefrom (with the exception of any payments due hereunder) to the extent these circumstances have been caused by force majeure. Where the delay in the performance of obligations hereunder by either party is caused by force majeure, the date for the performance of the obligation is suspended for the period corresponding to the duration of the force majeure circumstances, and the parties affected must resume performance once the obstacle caused by force majeure has ceased. The party so affected shall make all business efforts reasonably possible to notify the other party, as soon as applicable and possible, of the extent and nature of force majeure.
- 15.2Both parties shall make reasonable efforts to mitigate the consequences of force majeure on the performance of their obligations. Where due to force majeure 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.
- 15.3Force majeure shall refer to any event or unforeseeable circumstance outside the reasonable control of the parties which cannot be reasonably avoided or prevented, and which has not been caused by errors or omissions of the parties so affected. Those include, 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.
- 15.4Suspension or restriction of provision of Postal Services in accordance with Article 15 of these Terms may be imposed on the entire territory or a part thereof where the Operator provides Postal Services. The Operator shall place announcements on the Website about the suspension or restriction of the provision of the Postal Services.
- 15.5The Operator may extend the duration of suspension or restriction of provision of Postal Services in accordance with Article 15 of these Terms for up to 10 Business Days after the end of the circumstances that caused its introduction, as announced on the Website.
- 16PROTECTION OF PERSONAL DATA AND DATA HANDLING
- 16.1When processing personal information, including personal information of the Customer or their representatives requires for the purposes of the provision of Postal Services under Article 5, the Operator complies with applicable data privacy law, regulations, and rules of the processing of personal information set forth in privacy policies of the Operator and available on the Website. In case of discrepancies between these Terms and the privacy policies on the Website, the terms of privacy policies on the Website shall prevail.
- 16.2The Sender agrees that the Operator and other companies in the Operator group of companies worldwide (i) may use data provided by the Sender for purposes that include providing the Services, the Operator’s products and support; handling the Sender’s payments, claims and requests; communicating with the Sender or the Recipient to provide tracking updates and information on special events, surveys, contests, offers, promotions, products, and services; providing advertising that may be tailored to the Sender’s or Recipient’s interests; operating, evaluating, protecting, and improving the Operator’s business; performing data analyses; monitoring and reporting compliance issues, including identifying and protecting against illegal activity, claims, or other liabilities; exercising, establishing, and defending legal claims; and complying with the Operator policies and legal obligations, and (ii) may transfer data provided by the Sender to countries other than the country where the Shipment is tendered for service. The personal information is processed by the Operator to the extent that it is needed to fulfill the relevant requirements without limitation of time for it.
- 16.3The Sender also agrees that the Operator may share data provided by the Sender with third parties, including service providers, affiliates, resellers, joint marketing partners, franchisees, Sender’s contacts upon the Sender’s request, government agencies, and other third parties such as shippers, consignees, or third-party payers and recipients.
- 16.4The Operator may also disclose data provided by the Sender in order to comply with a legal obligation, to cooperate voluntarily with law enforcement or other public or government authorities, to prevent harm or loss in connection with suspected or actual illegal activity, and in the event the Operator sells or transfers all or a portion of its business or assets. The Operator is not responsible for the privacy practices of any non-Operator places, sites, platforms, or services.
- 17EXPORT AND CUSTOMS CLEARANCE
- 17.1The Sender is responsible for compliance with all applicable U.S. export control requirements and must provide the Operator with all documentation and information required by the laws and regulations of the origin and destination countries for export and import of Shipments (i.e., for export and customs clearance).
- 17.2The Sender authorizes the Operator to share information generally considered confidential under any applicable laws, rules, or regulations that govern the confidentiality of customs brokerage data, including but not limited to information concerning points of contact, addresses and telephone numbers, and customs entry data, with legal entities under common ownership with the Company or with the Operator's partners incidental to their provision of Services.
- 17.3When a Shipment is tendered to the Operator, the Operator is hereby appointed by a Sender as the representative for the performance of customs clearance in the destination country to the extent allowed by law. The Sender shall provide all powers of attorney and other authorizations required by applicable law for the Operator to serve as the Sender’s representative to perform customs clearance in the destination country.
- 18LIMITATION OF LIABILITY
- 18.1The Operator does not accept liability for any Loss or Damage where:
- 18.1.1the Shipment does not meet the requirements for acceptance as set out in these Terms; and/or
- 18.1.2the Shipment contains prohibited items as set out in these Terms.
- 18.2The Operator will not be liable to the Customer, nor pay any compensation for Loss or Damage that is caused by:
- 18.2.1any latent or inherent defect in or natural deterioration of the contents of a Shipment;
- 18.2.2a Shipment being inadequately packaged;
- 18.2.3any kind of fraudulence or dishonesty, including where someone misrepresents their authority to receive a Shipment on the Recipient's or the Sender's behalf;
- 18.2.4any consequence of the Sender sending age-restricted products or potentially harmful or illegal products;
- 18.2.5failure to pay the correct fees;
- 18.2.6misuse of the Operator’s Mobile Application or the Website;
- 18.2.7exposure to heat or cold to perishable commodities or the perishable nature of the item;
- 18.2.8the loss of or unauthorized access, acquisition, use, modification, disclosure, or destruction of, or damage to, personal, health, financial, or any other type of data or information, including, without limitation, Social Security number, date of birth, driver’s license number, credit card number, and financial account information, especially, when certain health or financial information is not required to be processed by the Operator for the provision of Postal Services under Article 5 hereof;
- 18.2.9providing Service to, or on behalf of, a person or entity that obtains such services, including the delivery of property by trick, false pretense, or other fraudulent scheme;
- 18.2.10fraud committed against the Sender, the Recipient or the Operator, including but not limited to loss or damage to Shipments that are redirected or intercepted by a third party without authorization;
- 18.2.11insects, moths, vermin, inherent vice, deterioration, dampness of atmosphere, extreme of temperature, ordinary wear and tear, or that which occurred or arose prior to or after the course of transportation by the Operator;
- 18.2.12an event of force majeure; or
- 18.2.13the 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.
- 18.3Notwithstanding Articles 18.4 and 18.5, any Loss or Damage claimed by the Customer from the Operator shall be limited to either:
- 18.3.1the amount paid by the Customer to the Operator for providing the Shipment Services; or
- 18.3.2where applicable under the Terms, the declared value.
- 18.4For 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.
- 18.5Nothing in these Terms shall limit or exclude the Operator's liability for:
- 18.5.1death or personal injury caused by the Operator's negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- 18.5.2fraud or fraudulent misrepresentation; or
- 18.5.3any other matter for which it is unlawful to exclude or limit liability.
- 18.6Notwithstanding any other provisions to the contrary and to the fullest extent permitted by applicable law, the Operator will in no event be liable to the Sender, the Recipient, or any other person, for any loss, damage, or costs of any kind arising out of or related to any data loss, data exposure, misuse of data, unauthorized access to data or electronic system(s), or cybersecurity or data privacy incident, regardless of whether or not any such loss, damage, or costs are caused by, or otherwise attributable to, the Operator.
- 18.7The Sender agrees to indemnify, defend, and hold harmless the Operator and its affiliated companies, their officers, directors, employees, and agents from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and suits of any kind or nature brought arising from or relating to a Shipment in violation of applicable law or regulation, or of these Terms.
- 19INSURANCE
- 19.1Where 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.
- 20ADDITIONAL AND FINAL PROVISIONS
- 20.1These Terms are effective on the date set forth below and are subject to change without prior notice. An up-to-date version of these Terms is available on the Website and at Branches. The Sender agrees that the version of the Terms in effect at the time of ordering the Service will apply to the Shipment.
- 20.2If 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.
- 20.3These Terms 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 the State of New York.
- 20.4These Terms shall form an integral part of any Postal Service Agreement, which the Operator enters into.
- 20.5If 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.
- 20.6Should any provision of these Terms prove to be obsolete or inconsistent with applicable law, the remaining provisions of these Terms shall remain in force.
- 20.7The validity of these Terms is given by their date of issue from 29.10.2025.


