Terms of use of Smartpost Itella e-shop

The owner of the online shop of the parcel delivery service my.smartpost.lv (hereinafter referred to as the e-shop) is Itella Logistics SIA (registry code 40003567822), juridical address Dzirnieku Str. 24, Marupe, Marupe county, LV-2167 Latvia.

1. GENERAL PROVISIONS
1.1. The terms of use (hereinafter referred to as the Terms) of the e-shop of Itella Logistics SIA (hereinafter referred to as Itella) stipulate the procedure for buying and returning parcel services in the e-shop and the procedure and terms and conditions for using the ordered service.
1.2. The transport service for sending Parcels from all the Smartpost Parcel Terminals located in Latvia, and the related additional services (hereinafter referred to as the Services) can be purchased in the e-shop.
1.3. In the e-shop, it is possible to order the return service of the shipment, if it is intended for the respective shipment, in accordance with the product conditions.
1.4. 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. The general terms and conditions of the Services of Itella stipulate the procedure and terms and conditions for the provision of the parcel terminal services, which can be found on the Itella website https://itella.lv/en/business-customer/business-info-help/terms-and-conditions/general-terms-amp-conditions-of-itella-parcel-services/ and are applicable to the Services purchased in the e-shop.

2. DEFINITIONS
2.1. Client means a person who is a registered or an unregistered user of the e-shop and who has entered a distance contract for the provision of Services by Itella.
2.2. Distance Contract means the contract between Itella and the Client for the provision of Services via the e-shop (according to Regulations No. 255 of the Cabinet of Ministers of the Republic of Latvia on Regulations Regarding Distance Contracts).
2.3. Parcel means an appropriately packaged and labelled object for shipping.
2.4. Shipment means properly packaged and marked Parcel or Parcels to be sent from one Sender to one Recipient. Separately packaged Parcels are handled as independent Shipments.
2.5. Sender means the person who is sending a Shipment to the Recipient.
2.6. Recipient means the person to whom the Shipment must be delivered and who has the right to take delivery of the Shipment.
2.7. Order means the Distance Contract prepared by the Client in the e-shop for the provision of the Service.
2.8. Smartpost parcel Terminal means a device in a fixed location that makes it possible to receive Shipments from Senders and deliver them to the Recipients.
2.9. Smartpost Parcel Pickup point means fixed location where is possible to receive or hand over return parcels.
2.10. Smartpost terminal PIN means the numeric code which opens the door of the Parcel Terminal locker related to the Order.
2.11. Smartpost parcel point PIN is a numeric code, upon presentation of which the Receiver will receive his shipment.
2.12. Reservation means the service that guarantees that a Shipment of the selected size is sent from a specific parcel terminal according to the validity of the Door Code.
2.13. Sorting Centre means the structural unit of Itella where Shipments are sorted,distributed and stored.
2.14. E-shop means the online ordering environment on the website https://my.smartpost.lv/, which can be used to register the Parcels to be sent or return and pay for the Services.
2.15. Smartpost courier – a representative of Itella or a cooperation partner who performs the service and picks up/delivers packages to/from Smartpost locations

3. PLACING AN NEW SHIPMENT ORDER
3.1. The Client can purchase the Services for sending Parcels and the related additional services from all the Parcel Terminals located in Latvia.
3.2. The number of Door Codes equal to the number of purchased parcel terminal services will be sent to the Client’s e-mail address after payment for the purchase, which the Client can then use to place the specific Parcels in the selected Parcel Terminal. Registered users can see the statuses of the Parcels and the issued Door Codes and invoices in the e-shop at any time.
3.3. Itella cannot provide the Services if the Client has not placed the Parcels in the selected Parcel Terminals.
3.4. The Smartpost Terminal compartment number and the corresponding PIN code for sending a parcel shall be valid for the Smartpost Terminal concerned, subject to its opening hours. The validity period of the door code, which shall not be less than 24h from the moment of placing the order, shall be visible before placing the order on the E-shop website and shall also be sent to the Customer by e-mail with the Order Confirmation.
3.5. The Door Code opens a Parcel Terminal locker of the size the Client has paid for. The Client is responsible for purchasing the Service with the correct locker size.
3.6. In order to ensure that the Parcels will arrive at their destination, the Client has to place the Parcels in the Parcel Terminal with the Door Code issued for the specific Parcel and label the Parcel according to the guidelines (labelling or written the name and the mobile phone number of the Recipient; the name and mobile phone number of the Sender).
3.7. Client can choose the following parcel delivery services in the e-shop:
3.7.1. delivery to a parcel terminal or parcel point in Latvia, the Baltic States, Finland
3.7.2. delivery to Post Offices in Finland
3.7.3. delivery to the home address in Latvia, the Baltic States and other European countries specified in the e-store
3.8. The prices for the Services are shown during the purchasing process and they change according to the conditions chosen by the Client (place of destination, size, additional services).

4. NEW DELIVERY ORDER PAYMENT OPTIONS
4.1. The Client undertakes to pay Itella a fee for the provision of the Services pursuant to the valid price list that can be found on the site of the e-shop. All the prices displayed in the e-shop are in Euros and include the VAT applicable in the Republic of Latvia.
4.2. It is possible to pay for the orders by credit card (Visa or MasterCard) or via Latvian bank links (Swedbank, SEB, Luminor and Citadele). Payments are processed outside the e-shop environment in the secure payment environment of the respective bank or service provider. Itella shall not have access to the Client’s bank or credit card information.
4.3. The contract enters into force when the amount payable is transferred to the bank account of Itella.

5. RIGHT OF WITHDRAWAL
5.1. The Client has no right of withdrawal from the Order purchased via the e-shop (according to Regulations No. 255 of the Cabinet of Ministers of the Republic of Latvia on Regulations Regarding Distance Contracts)
5.2. When placing an order in the online store, registered users can change the information about the Receiver until the order is paid.
5.3. The Door Codes that were sent to the Client but were lost or destroyed can be viewed in the e-shop environment (registered user) or recovered by contacting Itella Customer Service (+371 67815914, customerservice.lv@itella.com).
5.4. The cost of the Orders not used is not subject to be refunded, unless the reason for not using the Order is Itella’s responsibility.

6. RETURN SERVICE
6.1. The return service through the e-shop is possible for those shipments whose return is provided in the Itella system. By entering the number of the return parcel in the validation field of the e-shop, the user is given instructions on return options and next steps.
6.2. When applying for the return of the parcel in the e-shop, the Customer can choose the return through the Smartpost parcel terminal or apply for a Courier to pick up the parcel from the home address.
6.3. The compartment number of the Smartpost terminal and the corresponding PIN code for returning the package are valid for the specific Smartpost terminal, subject to its working hours. The validity period of the door code is visible after placing the return order on the e-shop website, and is also sent to the Customer in the form of an e-mail with the Order confirmation.
6.4. Using the PIN code, the Sender can open the door of the specified terminal compartment. The Clent is responsible for purchasing the Service with the correct compartment size, which allows the prepared package to be freely inserted and removed from the compartment.
6.5. In order to ensure that the returned Shipment reaches its destination, the outer packaging of the package must have a return label attached and any labels from previous deliveries must be removed.

7. LIABILITY
7.1. The Client must provide correct personal data and use a valid e-mail address when registering as a user in the e-shop.
7.2. The e-shop has the right to cancel the placement of the Order and/or remove the Client from the e-shop if there are suspicions that the Client acts dishonestly or illegally.
7.3. The e-shop is not liable for any possible mistakes made by third parties that cause a situation where the bank transfer or card payment may fail.
7.4. The e-shop is not liable for any damage associated with the purchased Order falling into the hands of third parties or for any lost Door Codes that were sent with the Order.
7.5. Itella is liable for any non-compliance or deficiency of the Services sold to the Client according to the general terms and conditions of Itella services, what can be found on the Itella website.
7.6. Client may place only one package in one compartment of the Smartpost terminal. Package must be prepared with appropriate inner and outer packaging, in order to ensure that the contents of the shipment will not be damaged during transportation.
7.7. When placing a shipment in the Smartpost terminal, the Client is responsible for ensuring that the door of the terminal compartment is carefully closed to prevent the loss of the shipment.
7.8. The Customer (Sender) is responsible for correctly specifying the Recipient’s data (contact phone number, e-mail, delivery address)
7.9. The Customer (Sender) is responsible for handing over a properly packed and noted new or return shipment to Itella (return sticker affixed, old stickers removed). Itella is not responsible for the delivery of the package to the wrong addressee or for the loss of the package if labels from previous deliveries (old stickers) have been left on the package.
7.10. Itella is not responsible for damaged or lost shipments if packaging does not ensure the preservation of the contents of the shipment during handling and transportation. The Customer (sender) is responsible for possible damage to the contents of the shipment, if no outwardly visible damage to the package is detected during the processing and delivery of the shipment.

8. SUBMISSION OF COMPLAINTS AND CLAIMS
8.1. If the Client has any complaints about the e-shop or the provision of the Service, they must be e-mailed to claims.lv@itella.com or submitted through website https://itella.lv/en/report-a-claim/
8.2. The Client must submit all complaints and claims for damages related to the provision of the Service to Itella in writing form with the documents substantiating the claim.
8.3. 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.
8.4. 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 the Shipment was handed over or delivered to the Recipient.
8.5. The amount of compensation for one shipment, which has a separate package number, does not exceed EUR 500, based on the value of the contents of the shipment submitted by the Customer or a document confirming the cost of its repair.
8.6. In cases of claims related to damage or loss of returned items, the returner of the goods turns to the seller of the goods, who, in turn, submits a claim to Itella.
8.7. 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 Client has the right to turn to the Consumer Disputes Committee or a consumer dispute resolution platform of the European Union.

9. PERSONAL DATA PROCESSING
9.1. Itella is the controller of the personal data of the Client. The e-shop will use the personal data provided by the Client (including name, phone number, address, email address) only for processing the Order and providing the Service.
9.2. 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 is an inseparable part of the general terms and conditions of Itella services and it can be found on the Itella website.
9.3. 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 making payments and for the receipt, sorting, transport and delivery of the Shipments. In other cases, i.e. for marketing campaigns and raffles, Itella processes personal data with the Client’s consent.
9.4. The controller does not disclose the data that have become known to it to third parties.
9.5. Itella may authorise other legal entities (processors) to process personal data on the condition that a contract has been entered into with such processor, pursuant to which the processor is obliged to keep the processed personal data confidential and guarantee personal data protection pursuant to the requirements set forth by law. The processor of the personal data required for making payments is Maksekeskus AS.
9.6. The e-shop will send newsletters and offers to the Client’s e-mail address only if the Client has requested this by entering their e-mail address on the website and giving their consent thereto.
9.7. The Client can withdraw from receiving newsletters and offers sent to the Client’s email address at any time by informing Itella of this by e-mail or withdrawing their respective consent in the e-shop.
9.8. The Client may review their personal data at any time and change them partially by logging in to the ordering environment of the e-shop or e-mailing the respective request to marketing.lv@itella.com
9.9. In order to delete the collected personal data, the Client must send the relevant written request to marketing.lv@itella.com
9.10. All the personal data related to the Order are retained for as long as required by law and will then be deleted.
9.11. The Client has the right to send a complaint to the Data Protection Inspectorate or a court if they find that their rights have been violated upon personal data processing. The contact details of the Data Protection Inspectorate can be found on the https://www.dvi.gov.lv/lv/personas-datu-apstrades-aizsardzibasparkapuma-pazinojuma-iesniegsana/