1. GENERAL PROVISIONS
1.1. These general terms and conditions (hereinafter: the General Terms and Conditions) of services of Itella Estonia OÜ (hereinafter: Itella) stipulate the procedure for, as well as the terms and conditions of, provision of parcel terminal and courier delivery services.
1.2. The General Terms and Conditions apply to all contracts that have been entered into between Itella and the Client and concern the organisation of transport services of Parcels and transport of Parcels upon using either parcel terminal or courier delivery services.
1.3. The general terms and conditions set out the definitions used and provide the rights and obligations of Itella and the Client.
1.4. In addition to the general terms and conditions, the parties shall also be bound by the contract, price list, (special) terms and conditions of the service (hereinafter also referred to as the service terms and conditions) and other terms and conditions related to the service determined by Itella which are available to the Client via Itella’s website or self-service (all abovementioned documents are hereinafter also jointly referred to as the contract documents).
1.5. The services are provided in accordance with the legislation of the Republic of Estonia and the Convention on the Contract for the International Carriage of Goods by Road (CMR).
1.6. The special terms and conditions of the service are provided in the contract and in the service terms and conditions, but may also arise from other contract documents.
1.7. Itella shall establish the general terms and conditions, price list, service terms and conditions and other conditions related to the service and may amend them if this is caused due to an amendment in relevant legislation or a new service is introduced, a service is changed or the provision of a former service is terminated.
1.8. Itella shall give advance notice of the amendment of the contract documents on Itella’s website (www.itella.ee) at least 30 (thirty) calendar days before entry into force of the amendment. The Client shall not be separately informed of the amendments. If the Client continues to use Itella services after the entry into force of the amendment, it shall be considered that the Client has approved the amended terms and conditions.
1.9. The general terms and conditions, price lists, service terms and conditions, etc. in relation to the provision of services are available on Itella’s website (www.itella.ee).
1.10. The service provision contract may be entered into in any format, for example via self-service, in writing, or in a format that can be reproduced in writing. The moment when Itella starts performing an order shall also be considered to be the moment of entering into a contract.
1.11. By submitting an order or agreeing with Itella’s offer, the Client warrants and represents that they have examined the general terms and conditions, approve them, and undertake to proceed from them.
2. DEFINITIONS
2.1. Client – a natural or legal person who has entered into a contract for the provision of Services by Itella;
2.2. Services – the parcel terminal or courier delivery service of Parcels to be provided by Itella to the Client;
2.3. Package – a properly packed and marked object;
2.4. Pallet – a pallet that ensures the permitted load capacity and allows for safe handling throughout the transport process. A shipment with an actual weight of more than 35 or 40 kg (depending on the conditions of the product) must be placed on a pallet.
2.5. Parcel – (a) properly packed and marked Package(s) to be sent;
2.5. Sender – the person who wishes to send a Parcel to the Addressee;
2.6. Addressee – the person to whom the Parcel must be delivered and who has the right to take delivery of the Parcel;
2.7. Order – an order placed by the Client to Itella for the provision of a Service;
2.8. Courier – a person who performs courier delivery services of Parcels in Itella;
2.9. Parcel machine – a device of fixed location that allows taking delivery of parcels from Senders and issuing them to the Addressee;
2.10. Sorting Centre – a structural unit of Itella where national and international Parcels are sorted and distributed.
2.11. Parcel point – a certain location to which shipments can be sent.
2.13. Itella’s website – Itella’s website and self-service environment at the address www.itella.ee.
2.14. Price list – the fee(s) presented on Itella’s website or in self-service that the Client must pay for the provision of the service.
2.15. Parcel notice – a notice communicated via text message, e-mail or in another manner that provides notice of the delivery time of the shipment and gives instructions for changing the delivery time and/or place.
2.16. Door code or PIN – a code consisting of numbers provided in the parcel notice that opens the door containing the shipment in the parcel terminal.
2.17. Additional service – a service improving a service or adding extra value to it (e.g. customs procedures, identification, payment on delivery, etc.).
2.18. Weight and dimensions of shipment – the weight and dimensions of the shipment shall be used as the basis for price calculation. Calculating the weight has been provided in the service terms and conditions as either specific weight or actual weight. The weight of the shipment noted in the order shall be proceeded from. If Itella weighs the shipment in the course of providing the service and it turns out to be heavier, Itella shall proceed from the actual weight of the shipment.
2.19. Parcel card / shipment tag – information written or stuck onto the shipment that is required for providing the service.
2.20. Accompanying documents – documents that are required for customs formalities and other official procedures in relation to the shipment.
2.21. Delivery confirmation – shipment delivery confirmation given by the Client, sender or addressee by means of entering the door code or PIN on the touchscreen or the parcel terminal.
2.22. Delivery attempt / failed trip – a trip made in relation to the receipt or delivery of a shipment in case of which the shipment cannot be received from the sender or delivered to the addressee for reasons independent of Itella or the courier. Itella shall have the right to charge a fee from the Client for failed trips on the basis of the price list.
2.23. Collection agency – a company providing debt collection services.
3. REQUIREMENTS FOR PARCELS
3.1 Parcels must be in compliance with the following requirements:
3.1.1 Minimum dimensions: 1 cm x 15 cm x 15 cm (height x width x depth);
3.1.2. Maximum dimensions: 60 cm x 36 cm x 60 cm;
3.1.3. Maximum weight: 35 kg;
3.2. The packaging of a Parcel is chosen by the Sender. Instructions for packing a Package can be found on the website. Packages must have been packed so that:
3.2.1. the contents of the Package cannot be accessed without damage to the packaging;
3.2.2. the outer packaging can withstand a diagonal fall from a height of 100 cm;
3.2.3. the Package does not soil or damage other packages;
3.2.4. the packaging is in compliance with its content and weight, shape and type as well as manner of transport;
3.2.5. appropriate packing accessories (corner protectors, cushioning materials, filling material, etc.) have been used to pack fragile items;
3.2.6. the marking of a packaging – packing slip and/or other sign labels – may not have been placed over the corners and/or edges of the packaging.
4. PROHIBITED PARCELS
4.1. It is prohibited to send the following objects and goods with Itella services:
4.1.1. highly perishable foodstuffs;
4.1.2. radioactive, explosive, caustic, toxic or inflammable substances or substances sensitive to cold;
4.1.3. containers filled with liquid that are not tightly closed and packed in a breaking-proof manner;
4.1.4. identity documents, travel documents, permits and other documents giving a special status;
4.1.5. money, bank cards, coins in circulation, securities, bonds, precious metals and stones;
4.1.6. live plants, animals, birds, fishes;
4.1.7. sharp items without a special packaging;
4.1.8. narcotic drugs and psychotropic substances;
4.1.9. ammunition and weapons.
4.2. Itella does not assume any liability for Parcels of prohibited content.
4.3. Itella has the right to suspend any further delivery of Parcels of prohibited content and destroy the Parcels that pose a risk to the health of the employees of Itella or that of third parties or to their health or the environment and to other Parcels.
4.4. The Sender undertakes to compensate for any damage and cost incurred in connection with Parcels containing prohibited substances.
5. PROVISION OF SERVICES
5.1. Parcel terminal service of Smartpost – is available for the Client 7 (seven) days a week (from Monday to Sunday). Parcel terminals are located in internal conditions of buildings, the locations can be found on the website. The Sender inserts a Parcel in a parcel terminal in the Republic of Estonia and the Parcel will be delivered to an Addressee in Estonia to a parcel terminal and to an Addressee in Finland either to a parcel terminal or to a post office. The Parcel is available for the Addressee according to the Package transport schedule that can be found on the website. The Addressee is informed of an arrived Parcel and the location of the Parcel by an SMS and/or e-mail if the Addressee’s e-mail has been added to the Order. The message contains the door code necessary for opening the door. The Sender pays for forwarding the Parcel to the Addressee according to the size of the Parcel. The size of a Parcel is determined by the Sender according to the height x width x depth dimensions of the Package. In total, a distinction is made between 5 (five) different sizes (XS, S, M, L, XL). A Parcel is stored in a parcel terminal for 7 (seven) calendar days. The storage period of a Parcel can be extended without charge by 7 (seven) calendar days if the Addressee notifies the client service of Itella either by telephone or e-mail. The contact details can be found on the website. Upon expiry of the storage period, the Parcel is delivered to the Sorting Centre of Itella, the Addressee/Sender of the Parcel is contacted and additional sending or return of the Parcel is agreed upon. Itella has the right to demand that the Client pay an additional fee for amendments to the terms and conditions of receipt of a Parcel.
5.2. Sending a Parcel to another European country – in order to send a Parcel to another European country, an Order is formalised in e-service that can be found on the http://eteenindus.smartpost.ee/send website. The Order must set out the Addressee’s country, details of the Addressee and the Sender as well as the suitable locker size according to the dimensions of the Parcel and payment method. Following the approval of the Order, a unique door code that is necessary for inserting the Parcel in the parcel terminal is displayed on the screen. The door code is valid for 30 (thirty) days in all parcel terminals of Smartpost all over Estonia. Upon inserting a Parcel in the parcel terminal, the Sender pays for sending the Parcel according to the size of the Parcel and depending on the zone of the country where the Sender wants the Parcel to be sent. The size of a Parcel is determined by the Sender according to the height x width x depth dimensions of the Package. In total, a distinction is made between 4 (four) different sizes (S, M, L, XL). A Parcel is delivered to the address indicated in the Order by the Courier. If the Courier cannot find the Addressee at the indicated address for the first time, the delivery will be repeated the next day. Thereafter, a letter is sent to the Addressee in order for the latter to themselves get in touch to receive the Parcel. A Parcel is stored for 10 days, after which it is returned to the Sender. The terms of delivery can be found on the website. These are the expected terms of delivery.
6. PAYMENT FOR SERVICES
6.1 The Client undertakes to pay Itella for the provision of the Services a fee pursuant to the valid price list that can be found on the https://itella.ee website.
6.2. Itella shall be entitled to change the price list once a year by notifying the Client thereof at least 30 (thirty) calendar days in advance.
6.3. The Client shall pay for the services provided in a calendar month on the basis of an invoice by the 14th (fourteenth) day of the subsequent month.
6.4. If the Client delays the payment of an invoice by more than 14 (fourteen) calendar days, Itella shall have the right to restrict the provision of the service.
6.5. If the Client has exceeded the due date of an invoice by 21 (twenty-one) days, Itella shall have the right to waive the claim to a collection agency for collection. The Client shall pay for any and all service charges of the collection agency on the basis of its price list in addition to the amount of the outstanding invoice.
6.6. If the payment due date is exceeded, Itella shall have the right to suspend the provision of services and exercise the right of security arising from subsection 803 (1) of the Law of Obligations Act on the shipment along with the accompanying documents in order to secure the claims arising from the provision of the service.
7. LIABILITY
7.1 Itella is liable for the loss of, decrease in, and damage to a Parcel occurring between the time when it takes over the Parcel for carriage and the time of delivery, as well as for any delay in delivery of the Parcel.
7.2 Itella is relieved of liability if the loss of, decrease in, or damage to a Parcel has been caused by:
7.2.1 a mistake or breach of the terms and conditions of the contract by the Client;
7.2.2 damage arising from the properties of the goods in the Parcel, e.g. breakage, leakage, decay, rust, fermentation, etc.;
7.2.3 the lack of, or defective condition of packaging;
7.2.4 incorrect or incomplete address or marking of the Parcel;
7.2.5 breach of an obligation or causing damage due to force majeure.
7.3 The compensation payable for the loss of or decrease in the goods in the Parcel is calculated on the basis of the acquisition cost indicated in the invoice.
7.3.1 If damage is caused to the goods, compensation for the damage covers, in particular, the reasonable costs of repairing the goods and the potential decrease in the value of the goods.
7.3.2 The Client must prove that the damaged goods have no residual value.
7.3.3 In addition, pursuant to the CMR Convention, the carriage charges, customs duties and other charges incurred in respect of the carriage of a Parcel will be refunded.
7.4 The Client has the right to demand compensation for the loss of a Parcel if the goods have not been delivered:
7.4.1 within 30 (thirty) days following the expiry of the agreed time-limit for carriage;
7.4.2 within 60 (sixty) days if there is no agreed time-limit for carriage.
7.5 Itella assumes liability for the damage to or loss of a Parcel, pursuant to the CMR Convention and the Law of Obligations Act, in an amount of up to SDR 8.33 per kilogram of the gross weight of the damaged or lost Parcel. SDR (‘Special Drawing Rights’) is the accounting unit used by the International Monetary Fund (IMF) and its amount depends on the published exchange rate .
7.5.1. the services Parcel Connect Baltics, Express Business Day, Smartpost and Smartcourier, in the case of which liability is limited to an amount of up to 500 euros per shipment.
7.6. SDR is the unit of account of the International Monetary Fund (IMF) and its amount depends on the published exchange rate.
7.7. If it has been proved 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 amount of forwarding charges of the Parcel.
7.8. Itella does not compensate for any indirect damages or loss of profit.
7.9. Itella is not liable for incorrectly chosen locker size and the forwarding charges are not subject to refund.
7.10. The Client is obliged to compensate Itella for the damage caused by:
7.10.1. defective packing, marking or declaration of the Parcel;
7.10.2. Itella is obliged to pay customs duties or other official charges or provide securities.
7.11 The Sender undertakes to compensate for any damage and cost incurred in connection with Parcels that are not in compliance with the packing requirements.
8. PERSONAL DATA PROCESSING
8.1. When processing personal data, Itella follows the applicable data protection laws, international data protection legislation and the provisions, orders, instructions and recommendations laid down by the competent data protection authorities. The principles of personal data processing that form an integral part of general terms and conditions can be found on the webpage.
8.2. Itella processes following personal data:
8.2.1. Customer’s, Sender’s and Recipient’s contact data (name, address, location, phone number, e-mail address);
8.2.2. Customer’s payment data;
8.2.3. In the case of additional services “The recipient’s identification with ID card or age identification” the data of the identity document and personal identification code;
8.2.4. When participating in campaigns the participant’s contact data and other submitted data.
8.3. Personal data are processed in the manner laid down in the principles and to the extent necessary for the provision of services, i.e. for the reception, sorting, transport, levying and delivery of packages. In other cases, i.e. for carrying out marketing campaigns and lotteries, Itella will process personal data with the Customer’s consent.
8.4. In the framework of service provision forwarding personal data is permitted without the additional consent of the Customer:
8.4.1. To Itella’s subcontractors who are used for the provision of the service;
8.4.2. To persons and authorities to whom forwarding data is necessary for the provision of the chosen service or is required by law or for the protection of public interests.
8.5. Itella will preserve data as long as necessary for the achievement of the objective or by the deadline prescribed by law.
8.6. Itella will apply appropriate organisational and technical protective measures to ensure the required level of security during personal data processing.
8.7. In connection with their personal data the Customer is entitled to:
8.7.1. Receive information from Itella about their personal data and the use thereof in the manner and to the extent prescribed in the law;
8.7.2. Demand that Itella stop using their personal data in the circumstances prescribed by law and the amendment, closing and deletion thereof;
8.7.3. Consent to or prohibit the use of their personal data for direct marketing or marketing purposes, notifying Itella thereof;
8.7.4. Turn to the Estonian Data Protection Inspectorate and court if their rights are violated.
9. SUBMISSION OF COMPLAINTS AND CLAIMS
9.1. The Client must submit to Itella any complaints and claims for the compensation for damage concerning damage to, decrease in, loss of or delay in the delivery of a Parcel in writing along with the documents substantiating the claim.
9.2. Upon the filing of claims related to the loss of goods shipments, the parties shall proceed from the applicable legislation.
9.3. If damage to or partial loss of a Parcel is noticeable upon external inspection when handing over or receiving the Parcel, Itella must be informed thereof immediately.
9.4. If the damage could not be established upon conventional receipt of the Parcel by the Addressee, the Client may submit to Itella a complaint or a claim for the compensation for damage no later than within 7 (seven) calendar days of the day when the Parcel was handed over or issued to the Addressee of the Parcel.
9.4. Itella has the right to demand, for the purposes of an expert assessment, the submission of the damaged Parcel.
9.5. The date of registering a claim is the date on which the person filing the claim receives a confirmation from Itella’s Customer Service Department with regard to the registration of the claim. The date of registering the claim is not included in the claim review period.
9.6. The initial validation term of a claim shall be after 14 days.
9.7. Any disputes between Itella and the Client are, first of all, subject to resolution by way of negotiations between the parties. Failing agreement, the disputes are resolved in Harju County Court.