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General terms & conditions of Itella parcel services

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General terms & conditions of Itella parcel services
Category: Terms & conditions
  1. GENERAL PROVISIONS
    1.1. These general terms and conditions for the provision of parcel services
    (hereinafter referred to as the General Terms & Conditions) of Itella Logistics
    SIA (hereinafter referred to as Itella) stipulate and regulate the relationship
    between Itella and the Client (hereinafter also referred to as the Party or the
    Parties) and the procedure for provision of the service.
    1.2. The General Terms & Conditions are an inseparable part of the Service
    Contract (hereinafter referred to as the Contract) entered into between Itella
    and the Client and apply to all contracts between Itella and the Client that
    concern the organisation of parcel services and the delivery of Shipments.
    1.3. The terms used are defined and the rights and obligations of Itella and the
    Client are stipulated in the General Terms & Conditions.
    1.4. The Contract, the Price List, the (special) terms and conditions of the Service
    (hereinafter also referred to as the Service Terms & Conditions) and the other
    terms and conditions established by Itella in relation to the Service and
    accessible to the Client via the Itella Website or self-service environment (all
    of the documents specified above are hereinafter jointly referred to as the
    Contract Documents) apply to the Parties in addition to the General Terms &
    Conditions.
    1.5. The services are provided in accordance with the legislation of the Republic
    of Latvia and the Convention on the Contract for the International Carriage
    of Goods by Road (CMR), which are not regulated by the Contract
    Documents.
    1.6. The special terms and conditions of the Service are stipulated in the Contract
    and the Service Terms & Conditions, but they may also arise from the other
    Contract Documents.
    1.7. Itella establishes the General Terms & Conditions, the Price List, the Service
    Terms & Conditions and the other terms and conditions determined in respect
    of the Service and may amend them unilaterally if this is necessary due to a
    legal amendment or the introduction of a new Service, the amendment of
    the Service or the termination of the provision of the current Service.
    1.8. Itella provides information about the amendment of the Contract Documents
    via the Itella Website www.itella.lv at least 30 (thirty) calendar days before the
    amendment enters into force. The Client will not be informed about the
    amendment separately. If the Client continues using the Service of Itella after
    the amendment has taken effect, they are deemed to have agreed with the
    amended terms and conditions.
    1.9. The General Terms & Conditions, Price Lists, Service Terms & Conditions, etc.
    related to the provision of the Service are accessible on the Itella Website
    www.itella.lv
    1.10. The Contract for the provision of the Service may be entered into in any format
    whatsoever, e.g. via the self-service environment, in writing or in a format that
    can be reproduced in writing. The moment Itella starts fulfilling an order is also
    deemed entry into the Contract.
    1.11. The Client confirms that they have read the General Terms & Conditions,
    agree with them and undertake to comply with them by filing an order or
    agreeing with a quote made by Itella.
  2. DEFINITIONS
    2.1. Client means a natural person or legal entity that has entered a contract for
    the provision of Services by Itella.
    2.2. Services means the parcel terminal or parcel pickup point services, the
    courier service and/or additional services related to Shipments to be provided
    by Itella to the Client
    2.3. Parcel means an item packaged and marked according to requirements,
    whose permitted dimensions, weight and other conditions are given on the
    Itella website or in the self-service environment or stipulated in the written
    contract between the Parties. The Client must ensure that the Parcel complies
    with the requirements established by Itella.
    2.4. Pallet means a goods pallet (incl. EUR pallet, FINN pallet) that guarantees the
    permitted carrying capacity and allows for safe handling during transport. A
    Shipment whose Actual Weight exceeds 35 kg or 40 kg depending on
    product terms must be placed on a Pallet.
    2.5. Shipment means properly packaged and marked Parcel/Parcels or
    Pallet/Pallets to be sent from one Sender to one Recipient. Separately
    packaged Parcels or Pallets are handled as independent Shipments.
    2.6. Sender means the person who wishes to send a Shipment to the Recipient or
    the person who hands over the Shipment to Itella on behalf of the Client.
    2.7. Recipient means the person who is marked as the Recipient on the Parcel
    label or who is at the Recipient’s address to whom the Shipment must be
    delivered and who has the right to take delivery of the Shipment.
    2.8. Order means an order filed by the Client to Itella for the provision of the
    Service.
    2.9. Courier means a person who provides the Itella parcel service by delivering
    Shipments.
    2.10. Parcel Terminal means a device in a fixed location that makes it possible to
    receive Shipments from Senders and deliver them to the Recipients.
    2.11. Parcel Pickup point means fixed location where is possible to deliver
    shipments to the Recipients
    2.12. Sorting Centre means the structural unit of Itella where national and
    international Shipments are sorted, distributed and stored
    2.13. Itella Website means the Itella website and self-service environment
    www.itella.lv
    2.14. Price List means the fee(s) indicated on the Itella Website or in the selfservice environment that are subject to payment by the Client for the
    provision of the Service.
    2.15. Delivery Notice means the notice sent by text message, by e-mail or in any
    other manner that includes information about the timeframe within which the
    Shipment will be delivered and the instructions for changing the time and/or
    place of delivery
    2.16. Door Code or PIN means the numeric code indicated on the Parcel
    Terminal Delivery Notice, which opens the door of the Parcel Terminal locker
    where the Shipment is stored
    2.17. Additional Service means a service that complements the Service or adds
    value thereto (e.g. customs procedures, personal identification, payment on
    delivery).
    2.18. Weight and Dimensions of Shipment means the dimensions and weight of
    the Shipment considered upon pricing. The consideration of the weight is set
    forth in the Service Terms & Conditions as volumetric or actual weight. The
    weight of the Shipment specified in the order is considered. If Itella weighs the
    Shipment during the provision of the Service and it proves heavier, Itella will
    proceed from the actual weight of the Shipment
    2.19. Parcel Card/Shipment Labelling means the information required for the
    provision of the Service that is written or stuck on the Shipment.
    2.20. Delivery Documents mean the documents required for the customs
    formalities and other official procedures related to the Shipment.
    2.21. Delivery Confirmation means the confirmation of delivery of the Shipment
    given by the Client, the Recipient or the Sender, which is given on the touch
    screen of a hand-held terminal or by entering the Door Code or PIN in a Parcel
    Terminal.
    2.22. Attempted Delivery/Empty Run means a run made in relation to the receipt
    or delivery of a Shipment whereby the Shipment could not be received from
    the Sender or delivered to the Recipient for reasons not dependent on Itella
    or the Courier. Itella has the right to demand that the Client pay for an Empty
    Run according to the Price List.
    2.23. Debt Collector means the company that providers the debt collection
    service.
  3. REQUIREMENTS FOR SHIPMENTS
    3.1. The dimensions (length/width/height) and weight (kg) of the Shipments must
    correspond to those stipulated in the Service Terms & Conditions.
    3.2. The Client must package and label the Shipment with the correct contact
    details. The packaging of a Shipment is chosen by the Client (Sender). The
    instructions for packing a Parcel can be found on the on the Itella Website
    www.itella.lv
    3.3. The Client must give Itella timely and adequate instructions to ensure that
    the contents of the Shipment are preserved upon provision of the Service
    and to prevent damage to the Shipment or its contents;
    3.4. Shipments must be packaged in such a manner that:
    3.4.1. the contents of the Parcel cannot be accessed without damaging
    the packaging;
    3.4.2. the outer packaging can withstand a diagonal fall from a height of
    100 cm;
    3.4.3. the Parcel does not soil or damage other parcels;
    3.4.4. the packaging complies with its content and weight, shape and
    type as well as the manner of transport;
    3.4.5. appropriate packaging accessories (corner protectors, cushioning
    materials, filling material, etc.) have been used to package fragile
    items, ensuring that the items cannot move inside of the box during
    transport;
    3.4.6. the labelling, Parcel Card and/or other marking labels may not be
    placed over the corners and/or edges of the packaging; if reusable
    packaging is used, all old marking labels must be removed;
    3.4.7. the Shipments placed on a Pallet may not extend beyond the
    Pallet’s edges;
    3.4.8. the Delivery Documents must be in a sealable plastic wallet
    attached to the outside of the Shipment. The Client is liable for the
    correctness of the Delivery Documents.
  4. PROHIBITED SHIPMENTS
    4.1. It is prohibited to send the following objects and goods with Itella services:
    4.1.1. perishable biological substances and infectious substances;
    4.1.2. radioactive, explosive, caustic, toxic or inflammable substances or
    substances sensitive to cold;
    4.1.3. articles or substances, which may soil or damage other shipments or
    handling equipment due to their nature or packaging, including
    containers filled with liquids if such items are not closed in a leak-proof
    manner and not packaged in materials that are shatter-proof;
    4.1.4. money, bank cards, coins in circulation, securities, bonds, precious
    metals and stones;
    4.1.5. identity documents, travel documents, permits or documents giving
    a special status;
    4.1.6. living plants, animals, birds, fish;
    4.1.7. sharp items without special packaging;
    4.1.8. narcotic drugs and psychotropic substances;
    4.1.9. ammunition and weapons.
    4.1.10. materials of a pornographic or eroticnature describing or depicting
    sexual exploitation of children (child pornography), sexual acts of
    human beings involving animals, necrophilia or violence of
    pornographic nature;
    4.1.11. articles or substances, importation or circulation of which is prohibited
    in the countries of dispatch or destination;
    4.2. Itella does not assume any liability for Shipments of prohibited content
    4.3. Itella has the right to suspend any further delivery of Shipments of
    prohibited content and destroy the Shipments that pose a risk to the
    health, property or environment of the employees of Itella or that of third
    parties and to other Shipments.
    4.4. The Sender must compensate for any damage and costs incurred in
    connection with Shipments that contain prohibited substances or do not
    comply with packaging requirements.
  5. PROVISION OF SERVICES
    5.1. The (special) terms and conditions of the Services are given on the Itella
    website www.itella.lv and in the self-service environment or in the price
    quote of the Contract between the Parties. The Client selects the relevant
    service for sending their Shipment, the terms and conditions of which are
    set forth in the terms and conditions of the respective service:
    5.1.1. Smartpost parcel terminal and parcel pickup point parcel service in
    Latvia, Lithuania and Estonia
    5.1.2. Courier services in the Latvia, Lithuania and Estonia
    5.1.3. Express Business Day – international courier services
    5.1.4. Parcel Connect Baltics – international pickup point service
    5.2. The Client files the order for the provision of the Service in the self-service
    environment or by sending it to Itella customer service by e-mail or in
    another format set forth in the Contract. The Client provides all of the
    important data (incl. the weight and dimensions of the Shipment, the
    details of the Sender and the Recipient, the place of origin and
    destination) for the Order and includes all of the instructions required for
    provision of the Service. Itella has the right to request additional data and
    instructions.
    5.3. Itella has the right to change the selected Service and/or Additional
    Service within the scope of the Services of Itella if the Service ordered by
    the Client does not comply with the terms and conditions of the respective
    Service and Shipment. In the event of a non-compliant Shipment, Itella has
    the right to select another Service that complies with the terms and
    conditions and with the requirements and settle according to this Service,
    and the fee for changing the Service will be added thereto pursuant to
    the Price List of Additional Services.
    5.4. The estimated delivery time of the Shipment related to the Service
    depends primarily on the time the Order is filed and the terms and
    conditions of the Service. Estimated delivery times are generally given on
    the Itella Website and in the self-service environment or the price quote of
    the Contract between the Parties.
    5.5. Third parties are used for the provision of the Service and Itella is liable for
    their activities.
    5.6. Itella cannot be held liable for the existence of the Client, the Sender, the
    Recipient or their rights of representation or for proving this, unless a service
    is provided whose special terms and conditions include personal
    identification or verification of the right of representation.
  6. PAYMENT FOR SERVICES
    6.1. The Client must pay Itella a fee for provision of the Services pursuant to the
    effective Price List.
    6.2. Itella has the right to unilaterally amend the Price List once a year by
    informing the Client thereof at least 30 (thirty) calendar days in advance.
    6.3. The Client must pay the invoice for the Services provided in a calendar
    month based on an invoice by the 10th (tenth) day of the subsequent
    month.
    6.4. Itella has the right to restrict the provision of the Service if the Client is late
    with the payment of an invoice for more than 14 (fourteen) calendar days.
    6.5. Itella has the right to assign the claim to the Debt Collector for collection if
    the Client has exceeded the payment deadline by 21 (twenty-one) days.
    The Client pays all the service fees of the Debt Collector according to the
    Debt Collector’s price list in addition to the amount of the unpaid invoice.
    6.6. If the payment deadline is exceeded, Itella has the right to suspend the
    provision of the services and, pursuant to subsection 1587 of the Civil Law,
    start exercising the right of pledge on the Shipment with the delivery
    documents to secure the claims arising from the provision of the service.
  7. PERSONAL DATA PROCESSING
    7.1. When processing personal data, Itella complies with the applicable data
    protection laws, international data protection legislation and the
    provisions, orders, instructions and recommendations set out by the
    competent data protection authorities. The Privacy Policy, which is an
    inseparable part of the General Terms & Conditions, can be found here.
    7.2. Itella processes the following personal data:
    7.2.1. the contact details of the Client, the Sender and the Recipient
    (name, address, location, telephone number, e-mail address;
    7.2.2. the payment details of the Client;
    7.2.3. in the case of the additional service of identification of the Sender
    with an ID card or verification of age, the details of the Recipient’s
    identity document and their ID code;
    7.2.4. in the event of participation in campaigns, the contact details of the
    participant and other submitted information
    7.3. Personal data are processed in the manner specified in the Privacy Policy
    and to the extent necessary for the provision of services, i.e. for the receipt,
    sorting, transport and delivery of and customs procedures related to
    Shipments. In other cases, i.e. for marketing campaigns and raffles, Itella
    processes personal data with the Client’s consent.
    7.4. Personal data may be transmitted within the scope of the provision of the
    Service without the additional respective permission of the Client to:
    7.4.1. the subcontractors of Itella used for the provision of the Service;
    7.4.2. the persons and authorities to whom the data must be transmitted
    for the provision of the selected Service or on the basis of law or for the
    protection of public interests.
    7.5. Itella retains the personal data for as long as necessary for the
    achievement of the objective or until the deadline set forth in law.
    7.6. Itella takes the appropriate organisational and technical protective
    measures to guarantee the required level of security upon personal data
    processing.
    7.7. The Client has the following rights in relation to the processing of their
    personal data:
    7.7.1. to receive information from Itella about their personal data and their
    use pursuant to the procedure and to the extent set forth by law;
    7.7.2. in the cases set forth by law, to demand from Itella the termination
    of the use of their personal data as well as the correction, closure and
    deletion of their personal data;
    7.7.3. to agree to or prohibit the use of their personal data for direct
    marketing or marketing purposes by informing Itella of this;
    7.7.4. to contact the Data Protection Inspectorate or go to court in the
    event of a violation of their rights
  8. LIABILITY
    8.1. Itella is liable for the loss of, decrease in and damage to a Shipment from
    the moment the Shipment is received for transport until the moment of
    delivery as well as for any delay in delivery of the Shipment.
    8.2. Itella cannot be held liable for damage caused by the loss of, decrease
    in, damage to and delay in the delivery of the Shipment as well as for other
    damage, including damage caused to third parties, if this was caused by:
    8.2.1. a mistake or a breach of the terms and conditions of the Contract
    by the Client;
    8.2.2. damage arising from the properties of the goods in the Shipment,
    e.g. breakage, leakage, spoilage, corrosion, fermentation;
    8.2.3. the absence of or defective packaging;
    8.2.4. the incorrect or incomplete address or labelling of the Shipment;
    8.2.5. a breach of an obligation or damage caused due to force majeure.
    8.3. The compensation payable for the loss of or decrease in the goods in the
    Shipment is calculated based on the acquisition cost indicated in the
    invoice subject to:
    8.3.1. If damage is caused to goods, the compensation for damages
    covers the reasonable costs of repairing the goods and the potential
    decrease in the value of the goods;
    8.3.2. The Client must prove that the damaged goods have no residual
    value;
    8.3.3. The fee for transport of the lost Shipment, customs duties and other
    costs related to transport are also subject to compensation pursuant
    to the CMR Convention.
    8.4. The Client has the right to demand compensation for the loss of a Shipment
    if the goods have not been delivered:
    8.4.1. within 30 (thirty) days of the expiry of the agreed deadline for
    transport;
    8.4.2. after 60 (sixty) days if there is no agreed deadline for transport.
    8.5. Itella is liable for the damage to or loss of a Shipment pursuant to the CMR
    Convention and the Law of Obligations Act in the amount of up to
    SDR 8.33 per kilogram of the gross weight of the damaged or lost Shipment,
    except for the Parcel Connect Baltics, Express Business Day parcel,
    Smartpost and Courier services, in which case the liability is limited to up
    to €500 per shipment.
    8.6. SDR (‘Special Drawing Rights’) is the accounting unit used by the
    International Monetary Fund (IMF) and its amount depends on the
    published exchange rate1.
    8.7. Compensation to be paid for a lost shipment of documents with a list of
    contents does not exceed €28.46.
    8.8. If it is proven that the delay in the delivery of the goods has caused
    damage to the Client, Itella is obliged to compensate for the damage in
    the amount that does not exceed the cost of delivery.
    8.9. Itella does not compensate for any indirect damage or loss of profit.
    8.10.The Client is obliged to compensate Itella for the damage caused by:
    8.10.1. defective packing, labelling or declaration of the Shipment; and
    8.10.2. Itella is obliged to pay customs duties or other official charges or
    provide securities.
  9. SUBMISSION OF COMPLAINTS AND CLAIMS
    9.1. The Client must submit to Itella any complaints and claims for damages
    concerning damage to, decrease in, loss of or delay in the delivery of a
    Shipment in writing along with the documents substantiating the claim.
    9.2. The claim must be submitted within 6 (six) months from the date of dispatch
    of the item, as specified in the Latvian Postal Law 53. Section, however:
    9.2.1. If damage to or partial loss of a Shipment is evident upon external
    inspection when the Shipment is handed over or received, Itella must
    be informed thereof immediately.
    9.2.2. If the damage could not be ascertained upon the usual receipt of
    the Shipment by the Recipient, the Client may submit to Itella a
    complaint or a claim for compensation of damages no later than
    within 7 (seven) calendar days of the day when the Shipment was
    handed over or delivered to the Recipient.
    9.3. If shipment is lost, Itella must be informed no later than 30 days after
    planned delivery date.
    9.4. The date of registration of the claim is the day when the claimant receives
    a confirmation of registration of the claim from Itella. The day of registration
    of the claim is not included in the time of consideration of the claim.
    9.5. Deadline of first validation of the claims is 14 days. If the analysis of the
    claim requires a longer time, Itella coordinates it with the Customer and
    agrees on the extension of the term.
    9.6. Itella has the right to demand, for the purposes of an expert assessment,
    the submission of the damaged Shipment.
    9.7. Itella and the Client will seek to resolve any disputes between them by way
    of negotiations between the parties. If no agreement is reached, the
    disputes are resolved in Regional Administrative Court.

1E.g. calculation of the amount of compensation for damage payable in the
event of damage to goods weighing 1 kg – kg x 8.33 x SDR: 1 x 8.33 x 1.18405 =
9.51 euros. (18.09.2020). The SDR rates can be found on the website.