General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF OVERSEAS TRADE Co. LTD. d.o.o.
Article 1
Name and registered office of the provider of other postal services, description of the service provided and the area of service provision
1.1. Overseas Trade Co. LTD. d.o.o. with its registered office in Hrvatski Leskovac, Zastavnice 38a, registered in the court register of the Commercial Court in Zagreb under the registration number (MBS) 080470669 and personal identification number (OIB) 19407280555 (hereinafter: the "Service Provider") provides other postal services and the service of delivery of palletized items in international traffic. Other postal services are parcel receiving, routing, transferring, and delivery services. In relation to the services of receiving, routing, transferring and delivering parcels, the Service Provider also provides certain additional services that have value-added characteristics, such as, for example, delivery of a parcel with cash on delivery (COD), delivery of a parcel exclusively to a specific person, delivery with the return of a certified document (delivery note), SMS and e-mail notification. The service of delivery of palletized items is not considered a postal service.
1.2. The Service Provider provides other postal services (services of receiving, routing, transmission and delivery of parcels) in domestic (throughout the territory of the Republic of Croatia) and international traffic. The Service Provider's website (www.overseas.hr ) lists the area in which the Service Provider provides other postal services in international traffic.
1.3. These General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") have been adopted in accordance with Article 44 of the of the Postal Services Act (hereinafter: the "Act").
1.4. If a word or phrase has been assigned a special meaning in these General Terms and Conditions, the other grammatical forms of that word or phrase shall have the corresponding meaning.
1.5. In the event that the Service Provider and a legal or natural person in the capacity of a user of postal services (as a sender or recipient of a postal item) conclude a contract for the provision of services in writing (hereinafter referred to as the "Contract") and if such a Contract stipulates that these General Terms and Conditions are an integral part thereof, these General Terms and Conditions shall apply only to the extent that they do not contradict any provision of such Agreement. The Contract shall not be considered to be a contract arising from the ordering of any of the services provided by the Service Provider via the Internet, as well as a contract in accession referred to in Article 31 of the Act.
1.6. If the Service Provider and the legal or natural person ordering the service do not conclude the Contract, then the provisions of these General Terms and Conditions shall apply entirely and exclusively to the relationship between the Service Provider and the Service Client.
1.7. The Offer/Contract and the terms and conditions thereof shall be deemed to have been accepted and binding on the Sender when the Sender pays a part of the price or hands over the shipment to the Service Provider or orders any of the services from the Offer from the Service Provider. By accepting the Offer/Contract, the Sender also expressly agrees, in addition to the terms and conditions of the Offer, that these General Terms and Conditions of the Service Provider, which are published on the website of www.overseas.hr , also apply to the rights and obligations arising from the contractual relationship in question .
Article 2
Express service in domestic transport
2.1. Express service in domestic traffic is a service that involves sending one or more parcels to one and the same address, with the Service Provider delivering them within one working day counting from the moment of receipt of the parcel (for the purposes of these General Terms and Conditions, a working day shall be considered any day other than Saturday, Sunday or a day determined by the law of the Republic of Croatia as a public holiday), except in cases where the parcel is to be delivered to the a place to which, due to the Service Provider's timetable valid at that time, it is not possible to make delivery within one working day from the date of receipt of the package. Furthermore, an exception to the delivery of parcels within one working day from the date of receipt also exists in the case of a Heavy Package, a Bulky Parcel or a parcel that is subject to volumetric weight calculation to a place where, due to the currently valid timetable of the Service Provider, it is not possible to deliver it within one working day from the date of receipt, in which case the deadline for delivery shall be five working days counting from the date of receipt. On the website of the Service Provider (www.overseas.hr ) there is a valid timetable of the Service Provider. The sender of the package is obliged to familiarize himself with the valid timetable published on the service provider's website before ordering the Express service.
2.2. When sending a parcel using the Express service, the sender can choose: • door-to-door delivery • delivery from the Overseas shop to the Overseas shop • delivery from the door to the Overseas shop • delivery from the Overseas shop to the door • delivery to a parcel locker The term "from the door" means the receipt of the package by the Service Provider at the indicated address of the sender. The term "to the door" means the delivery of the package to the indicated address of the recipient. The term Overseas shop (OEX shop) means any location (office, kiosk, premise, facility) that is on the list of Overseas shops on the Service Provider's website or in the "Application" for sending parcels at the time of sending the package. The deadline for picking up the package is five working days. The term parcel locker means a parcel receiving box, which is located at the locations that are published on the Service Provider's website or in the "Application" for sending parcels via a parcel locker at the time of sending. Parcel locker is a service that is available to users 24/7, and the deadline for picking up the package is five working days.
2.2.1. Package dimensions Regardless of the destination and origin and the nature of the user, the weight of each individual package can be up to a maximum of 31.50 kilograms. When sending: - from door to door, the maximum dimension of the longest side of the package is 100 cm. The sum of the longest side and circumference* must not exceed 2 m (*circumference = 2 height x 2 width). If the package weighs more than 31.50 kilograms, it will be considered an overweight package (hereinafter: "Heavy Package") and will be marked as such and in relation to it there will be an obligation to pay extra for the Heavy Package in accordance with the price list of the Service Provider. For a package whose maximum combined dimension [maximum combined dimension = maximum volume (maximum volume = 2 x height + 2 x width) + length of the longest side] exceeds 340 cm, the so-called volumetric calculation weight is applied by dividing the product of the height, length and width of the package in cm by the number 5000. The resulting amount will be considered the weight of the package in kilograms. The Service Provider has the right to apply and charge the Client for the volume calculation of the mass for any package where the volume calculation of the mass is greater than the actual weight of the package. Parcels whose shape or composition deviates from standard or conventional consignments, such as bulky consignments, cone and/or cylinder consignments (for examples, citing but not limited to: drums, buckets, tires, drums), all consignments that are not packed in cardboard packaging (citing examples but not limited to: brooms, ladders, moldings, miscellaneous tools, exhaust pots, dummies) and shipments that cannot be safely handled on conveyor belts in accordance with the technological process of the Service Provider will be marked as bulky packages (hereinafter: "Bulky Package") and in relation to them there will be an obligation to pay extra for the Bulky Package in accordance with the Service Provider's price list. In relation to the Overweight and Bulky packages, volumetric weight calculation can also be applied in the event that the maximum combined dimensions of such a Heavy or Bulky package exceeds 340 cm. The Service Provider has the right to apply and charge the Client for the volume calculation of the mass instead of the surcharge for the Heavy or Bulky Package if it is more favorable for the Service Provider. The Service Provider has the right to refuse to accept a Heavy Package, a Bulky Package or a package subject to volumetric weight calculation. - from or to the Overseas shop, a private and/or non-contracted user can send a package with maximum dimensions: 44x30x40cm, maximum allowed weight up to 20 kg. Goods sent from the Overseas shop must be able to be packed in one of the offered packaging of the Service Provider. The list and description of packaging can be found in the Service Provider's price list. - through a parcel locker with a maximum dimension determined by these values: 44x30x40cm, maximum permissible weight up to 20 kg.
2.3. After the Service Provider takes over the package from the sender, such shipment is – in accordance with the technological process of the Service Provider – measured (weight, dimensions and/or volume – depending on the type of shipment) and in this way the measurement made by the Service Provider will be considered accurate and true and will be valid as such to the sender.
Article 3
Services in international traffic
3.1. Eurodis service in international traffic is a service that involves sending and receiving parcels and pallets to European countries listed on the Service Provider's website (www.overseas.hr) with an expected, but not guaranteed, delivery time, with the maximum permissible weight of each individual parcel being up to 50 kg, or up to 600 kg per pallet. The expected delivery times are listed on the Service Provider's website (www.overseas.hr). When handing over the consignment, the Sender may require the Service Provider to deliver the consignment to the consignee with prior collection of the redemption amount from the consignee in favour of the consignor. The availability of this additional service in relation to the destination is listed on the website of the Service Provider www.overseas.hr .
Article 4
Return of Euro pallets
4.1. The Service Provider provides the service of Return of Euro pallets with standard dimensions of 120 * 80 cm to the users with whom it has concluded a cooperation agreement. The return of pallets is made exclusively for Euro pallets on which, at the time of handing over the Express Shipment to the Service Provider, there are goods that, in accordance with the technological process of the Service Provider, can be delivered without a Euro pallet. Due to additional manipulation, breakage and wear and tear of pallets in the technological process, the Service Provider undertakes to return 90% of the Euro pallets of the total number of pallets taken over on the day of registration. The pallet return service is performed in accordance with valid and certified record lists between the client and the Service Provider according to the following process: Each Euro pallet will be in the records so that Overseas, together with the partner, has an overview of the situation, i.e. The number of pallets currently on each side. During each handover, the quantities of Euro pallets will be entered on the registration form and adequately certified by the Client and the Service Provider. Pallets will be returned at least once a month. In the event that there is a difference in the number of pallets exchanged, it will be compensated according to market prices. The deadline for complaints is 10 days from the agreed return date. Only Euro pallets can be returned, as Overseas only returns materials that can be reused. Disposable pallets have no guarantees that they will be able to be used more than once and therefore we cannot take responsibility for such pallets. Also, the Euro pallets for which the sender is requesting a return must be able to be used more than once. In case of non-compliance with the above procedure, the Service Client waives the right to a financial charge to the Service Provider due to the lack of Euro pallets.
Article 5
Palletized shipments in international traffic
5.1. A palletized shipment in international traffic means sending one or more pallets to the countries listed on the Service Provider's website (www.overseas.hr). The maximum weight of a palletized shipment is 600 kilograms, and the maximum dimensions of the pallet are 120 cm (length) x 80 cm (width) x 175 cm (height). In case of exceeding the maximum allowable dimensions, the Service Provider will calculate a surcharge for the Bulky Pallet in accordance with the price list. For a palletized shipment, the minimum weight for calculating the freight price is 100 kilograms. The delivery times of palletized shipments are listed on the Service Provider's website and these are approximate deadlines, and the Service Provider does not guarantee the delivery of palletized shipments within the specified deadlines.
5.2. After the Service Provider takes over the palletized shipment from the sender, such shipment is – in accordance with the technological process of the Service Provider – measured (weight, dimensions and/or volume – depending on the type of shipment) and the measurement made in this way by the Service Provider will be considered accurate and true and will be valid as such to the sender.
5.3. After delivering the palletized shipment to the recipient, the Service Provider is not obliged to wait for the recipient to perform the inspection of the delivered shipment. In the event that the recipient of the shipment conditions the acceptance of such shipment on the presence of the Service Provider during the shipment control procedure, it will be considered that the recipient has refused to accept the shipment and the Service Provider will return such shipment to the sender. For the avoidance of any doubt, in the event that the Service Provider returns the shipment to the sender for the aforementioned reason, it will be considered that the Service Provider has performed its service in the manner requested by the Service Client and will be entitled to charge the agreed fee.
5.4. If the Service Provider delivers the palletized shipment to the recipient who is a legal entity, the confirmation of receipt of the package will be signed by the person who is in charge of receiving the shipment at the recipient, and it will be considered that the Service Provider has fully fulfilled its obligation and will be entitled to charge the agreed fee from the Client.
Article 6
Packing Procedure, Methods of Packing Shipments, Refusal to Accept Shipment
6.1. The sender is obliged to pack each shipment in such a way as to protect its value and to prevent damage to that shipment. When packing the consignment, the sender must pay special attention to the fact that the method of packaging the consignment and the consignment do not cause damage to other consignments that the Service Provider receives/collects, transfers and delivers, the property of the Service Provider, the property of third parties at the disposal of the Service Provider, and that they do not adversely affect the safety and health of persons. The choice of packaging material and the method of packaging must correspond to the content, type, dimensions, weight and value of the shipment and the length of the route over which the shipment is transferred. The sender is obliged to provide the material for packing the shipment and is responsible for such a choice as well as for the method of packaging, which must be in accordance with the rules prescribed in these General Terms and Conditions.
6.2. The sender is obliged to pack glass and other slightly fragile and sensitive items individually in a sturdy box filled with appropriate protective material (paper, styrofoam, sponge or similar). In this case, the sender is obliged to indicate on the shipment that its contents are glass, slightly fragile or delicate, although such markings do not exclude the sender from the responsibility of adequate packaging of the package specified in Article 6.1. More detailed instructions on how to pack the shipment are published on the www.overseas.hr website in the section: customer support.
6.3. The sender is obliged to close liquids and soluble matter in an airtight container or other airtight wrapper (first packaging). An airtight container or other impermeable container should be wrapped in a material capable of absorbing liquid in the event of breakage or release of the container or container in which the liquid or soluble object is contained. Finally, the sender is obliged to put such a shipment in a solid box (other packaging). The sender is obliged to indicate on the box that the contents of the shipment are liquid or soluble matter.
6.4. The Service Provider has the right to refuse to accept the shipment in any of the following cases: (i) if the Service Provider believes that the shipment is not packaged in the manner prescribed by these General Terms and Conditions, (ii) if the shipment is not addressed in the manner prescribed by these General Terms and Conditions, (iii) if the shipment is missing or is incomplete, illegible, damaged or in any other way unusable transport documentation, (iv) if the Service Provider, on the basis of its discretionary decision, decides that it cannot carry out the transport and delivery of the shipment, (v) if the Service Provider believes that by taking over the shipment it could endanger its business, life and/or health of its employees or third parties or that damage to its property or the property of third parties could occur, and (vi) if at the time of receipt of the request for any of the services offered by the Service Provider on the market, there is a due and outstanding receivable. Service Provider from the Client of the Service.
6.5. The Service Provider shall not be liable for any damage caused to the shipment and/or its contents due to the sender's failure to use the appropriate material during packaging or due to the sender's failure to comply with the packaging instructions specified in these General Terms and Conditions. For the avoidance of any doubt, the fact that the Service Provider has taken over the shipment for transfer and delivery does not mean that the sender has packed the shipment in accordance with the provisions of these General Terms and Conditions.
6.6. The Sender may, in accordance with the Cooperation Agreement, order the collection of any Express Shipment specified in point 2 of Article 2 or the Palletized Shipment specified in point 1 of Article 5 of these General Terms and Conditions, at an address or addresses other than the addresses of the Sender specified in the Cooperation Agreement or in the Service Provider's operational program, in which case the Service Provider reserves the right to charge the Fee for picking up the shipment at an alternative address in accordance with the Service Provider's price list.
6.7. All shipments are subject to the Pick-up Fee and the Toll Fee in accordance with the Service Provider's price list.
Article 7
Prohibited Content, Handling of Shipments Containing Prohibited Content
7.1. For the purposes of these General Terms and Conditions, "Prohibited Content" shall be considered to be animals, perishable or slightly perishable goods, explosive and easily flammable items, gold, silver or other precious materials, securities (shares or share certificates, bonds, insurance policies), precious stones, firearms, weapons (whether in pieces or in parts), ammunition or any other items where the receipt or any other action during the provision of the service is associated with a danger to the other consignments, postal facilities, equipment and means of transport or for human life and health, human remains, drugs), items whose transfer is prohibited on the basis of the regulations of the Republic of Croatia or a decision of a state body or organization, watches worth more than 350.00 EUR, works of art, antiques, vouchers, tickets worth more than 200.00 EUR, goods whose transport requires a temperature regime, tender and similar documentation or goods that are applied/sent to the tender or it is delivered within a time-limited time limit, and in the event of any delay in delivery, there may be (i) loss of the job for which the person was bidding, or (ii) the cessation, limitation or reduction of any right, or (iii) the occurrence of any obligation either for the sender or the recipient. The Service Provider will not accept shipments whose content constitutes Prohibited Content.
7.2. If there is a suspicion of the Prohibited Content, an employee of the Service Provider may request the sender to open the shipment in order to inspect the contents of the shipment. If it is determined that the shipment contains Prohibited Content, the Service Provider will refuse to accept such shipment for transport. If, upon opening the shipment or in any other way after receiving the shipment, it is found that the shipment contains Prohibited Content, the Service Provider shall, on the basis of the handover record, hand over such shipment to the competent authority, which is obliged to countersign the handover record, while in the event that after taking over the shipment it is found that the shipment contains live animals, the Service Provider will return such shipment to the sender with the record.
7.3. In the event that the consignment cannot be delivered to the consignee or returned to the sender, the Service Provider shall open and inspect such consignment by a commission in order to determine any other address of the consignee or consignor. If no other address of the recipient or sender is determined or delivery to such other address of the recipient or sender fails, the Service Provider shall keep such shipment for one year from the day when the delivery was originally attempted. The Service Provider will keep records of such shipments. Upon the expiration of the said period of one year, the shipment shall become the property of the Service Provider and the Service Provider shall have the right to destroy or sell such shipment or otherwise legally dispose of it, depending on what the Service Provider deems most appropriate at that moment.
Article 8
Shipment Addressing and Shipping Documentation
8.1. The Sender with whom the Service Provider has concluded a Contract may address the shipment in the following way: manually (by printing the necessary data on the "Pick-up List" and "Dispatch note" forms) or electronically (by printing the necessary data in a special computer program provided by the Service Provider for the Senders (hereinafter: "Application")). The Service Provider will provide the Pick-up List and Dispatch note forms to each sender with whom it has concluded a Contract.
8.2. If the Sender does not have a Contract with the Service Provider, the Pick-Up List and the Dispatch note shall be filled in by the Service Provider's employee upon receipt of the shipment from the Sender, based on the information obtained from the Sender on that occasion. The truthfulness and accuracy of the data on the Pick-up List is confirmed by the signature of the person who delivers the shipment to the Service Provider. For the avoidance of any doubt, it shall be considered that the person who hands over the shipment to the Service Provider's employee for transport is authorized to hand over such shipment on behalf of the sender.
8.3. For the purposes of these General Terms and Conditions, the term "Supporting Documentation" shall be considered as "Pick-up List", „Label“, "Dispatch Note" and "Delivery List". The pick-up list and the Label are forms that are manually filled in either by the sender (if the sender has a Contract with the Service Provider) or by an employee of the Service Provider when receiving the shipment from the sender (if the sender does not have a Contract with the Service Provider). Upon receipt of the shipment, the sender and the Service Provider's employee sign the Pick-Up List. One copy of the Pick-up List remains with the sender as proof that he has handed over the shipment to the Service Provider for transport, while the other copy remains with the Service Provider. Label is a form that is affixed to the shipment, provided that the information listed on the Pickup List must match the information on the Label. The Label also contains three identical barcodes, two of which are self-adhesive, and one of them is sealed to the sender's copy of the Pick-up List, and the other to the copy of the Pick-up List belonging to the Service Provider. A dispatch note is a sender's document that the sender can send (only in the manner specified by the Service Provider) together with the shipment. When delivering the consignment to the consignee, the consignee signs the Consignment Note, which is then returned to the consignor and serves as proof that the consignee has taken over the consignment. The Service Provider additionally charges the service of returning the Delivery Note in accordance with its price list. The delivery note is a form contained in the Service Provider's application that is located on the scanner (electronic communicator) of the courier, and can also be in physical form, on which form the recipient needs to sign and which serves the Service Provider as proof that the recipient has taken over the shipment. The service of returning the Delivery Note may only be used by the sender who has regulated such service with the Service Provider.
8.4. The Sender is responsible for ensuring that all data, additional services and data indicated by the Sender on the Pick-up List and Labels are clearly marked and indicated so that the Service Provider can perform its service in accordance with the above. If such information is not provided or is incomplete (for example, but not limited to: the need to return the Delivery Note and how many exactly need to be returned, etc.), the Service Provider will always act according to the data available at the time of delivery and will not be responsible for the non-performance or incomplete performance of any additional services and everything else related to them.
8.5. In order to perform the service as well as possible, increase the speed of the process and simplify the process of picking up and delivering packages, it is extremely important to have accurate and complete information for picking up and delivering packages. The correct and complete information for picking up the package is: • the name and surname of the sender of the package or the full and accurate name of the company sending the package; • the exact parcel pick-up address, which includes all the following information: street and house number, city and zip code, country; • contact phone, preferably mobile phone number. Accurate and complete information for parcel delivery is: • the name and surname of the recipient of the package or the full and correct name of the company receiving the package; • the exact parcel delivery address which includes all the information provided: street and house number, city and zip code, country; • correct contact phone, preferably mobile phone; • in the event that the recipient of the package is outside the Republic of Croatia, a mobile phone containing the country code is mandatory; • Correct email from the recipient of the package. If the sender of the package has not entered, sent, provided all the above information or if he has provided incorrect and incorrect information about the sender and/or recipient of the package, the Service Provider reserves the right to charge for the attempted delivery of the package by applying the valid price for the service performed, according to the commercial conditions expressed and confirmed in the Offer/Contract. Subsequent change of the parcel delivery address after the first parcel delivery attempt will be charged by applying the valid prices for the service or services that have been performed, according to the commercial conditions stated and confirmed in the Offer/Contract.
Article 9
Using the App to Print Your Pickup List and Shipping Notes (Labels)
9.1. The data on the Download List and the Label printed using the Application consist of two parts, namely 1) the Download List and the Label printed using the Application and 2) a set of data in the form of a file created using the Application.
9.2. Upon receipt of the consignment, the sender is obliged to hand over to the Service Provider an electronically completed Pick-up List and a consignment marked with an electronically filled Label Form. Furthermore, the sender is obliged (and no later than the moment of handing over the shipment to the Service Provider) to send electronic data on shipments to the Service Provider, provided that this data must be sent in the form of a file created using the Application. The Sender sends the files to the Service Provider in the manner specified in the documentation on the use of the Application. The Service Provider publishes instructions for the use of the Application on its website: www.overseas.hr .
9.3. The Sender is responsible for ensuring that the data submitted to the Service Provider in the form of a file corresponds to the data on the electronically printed PickUp List and the Label. If such data is not identical, the Service Provider will always act according to the data submitted in the form of a file.
9.4. The Service Provider shall also take over the shipment in the event that (i) the sender does not hand over the file to the Service Provider before handing over the shipment for transport, as well as in the event (ii) that the file, before it is handed over to the Service Provider, is manually modified or (iii) contains incomplete or illegible information or (iv) for any other reason not the fault of the Service Provider is unusable/damaged at the time it is received by the Service Provider.
9.5. If the Service Provider receives a shipment and any of the following occurs: • (i) the sender fails to hand over the file to the Service Provider before handing over the shipment for transport, • (ii) the sender manually modified the file before handing it over to the Service Provider, • (ii) the file is, for any reason not the fault of the Service Provider, unusable/damaged at the time it is received by the Service Provider, • (iv) the file contains incomplete or illegible data, the Service Provider will perform the service only according to the data at its disposal at that time. Furthermore, if any of the above cases occurs, the Service Provider has the right to charge for its service by applying the applicable prices for the service or services that were performed, taking into account the data that the Service Provider had at its disposal at that time; In the event of any of the cases described in the previous paragraph of this Article, the Service Provider shall not be liable to either the sender or the recipient of the shipment for: • (i) for exceeding the deadline for the transfer and delivery of the consignment, • (ii) for non-performance of the service requested by the Client from the Service Provider, • (iii) for not collecting the redemption amount in the event that the sender has sent the redemption shipment, • (iv) for non-return of the delivery note to the consignor in the event that the consignor has sent the delivery note together with the consignment, • (v) for any form of damage (ordinary damage, lost profit, non-material damage or any other form of indirect, consequential or consequential damage) incurred by the sender and/or recipient for any of the reasons listed in points (i) to (iv) (including point iv).
9.6. Correction of data on the Pickup List and the Label is allowed only by printing a new Label and Pickup List using the Application. Manual correction of data in the Download List and Labels that are printed using the Application is not permitted. In the event that the sender manually corrects the data on the Downloads List and the Labels that are printed using the Application, the Service Provider will not take such changes into account and will perform its service exclusively in accordance with the data submitted in the form of a file.
Article 10
Use of other electronic technologies in the transport of consignments
10.1. The Sender may hand over to the Service Provider a shipment that does not contain the Pick-Up List and the Label, in which case the Service Provider will use the barcodes from the Sender's documentation to perform its service.
10.2. In cases where the Provider uses barcodes from the sender's documentation when providing the service, the sender is responsible for the accuracy of the electronic data that will be delivered to the Service Provider. In the event that there is a discrepancy between the electronic data provided to the Service Provider and the data indicated on the sender's documentation, the Service Provider shall consider the electronic data provided to the Service Provider to be accurate and final for the performance of its service.
10.3 In the event that the Service Provider: (i) does not receive the electronic data before receiving the shipment or (ii) receives the electronic data before receiving the shipment but determines that the electronic data is unusable (the electronic data will be considered unusable if (citing examples but not limited to) it is damaged, illegible, incomplete, etc.), the Service Provider will not be obliged to perform its service.
10.4. Failure to perform the service by the Service Provider for any of the reasons indicated in paragraph 3 of this Article shall not result in the Service Provider's liability towards either the sender or the recipient for any form of damage (ordinary damage, lost profit, non-material damage or any other forms of indirect, consequential or consequential damage)
Article 11
Pick-up and delivery of the shipment
11.1. The package is delivered in person to the recipient, legal representative, authorized or other authorized person at the recipient's address or in any other way agreed between the recipient of the package and the Service Provider. The recipient picks up the parcel with the recipient's handwritten signature on the Delivery List or by entering an e-token (PIN) or a barcode (QR) reading when delivering it at a parcel locker, which means that the item has been delivered.
11.2. A PIN or e-token is a confirmation of a duly executed transaction, assuming that the service has been successfully provided in such a way that the Overseas shop or parcel locker was used for parcel delivery. One e-token (PIN) implies that the courier has left the package in the Overseas shop or parcel locker box and that the user has picked up the package according to the e-token (PIN) in question.
11.3. In cases of high load, i.e. receipt of an above-average quantity of items in the reference period, the Service Provider reserves the right to deliver parcels whose senders are users with whom the Service Provider has concluded a written cooperation agreement to the recipient via other delivery channels, such as delivery to Overseas shop and Overseas parcel lockers, as well as parcel lockers of partners with whom the Service Provider has concluded a written contract, with the prior written consent of the Consignee.
11.4. After delivering the package to the recipient, the Service Provider is not obliged to wait for the recipient to perform an inspection of the delivered shipment. In the event that the recipient of the shipment conditions the acceptance of such shipment on the presence of the Service Provider during the shipment control procedure, it will be considered that the recipient has refused to accept the shipment and the Service Provider will return such shipment to the sender. For the avoidance of any doubt, in the event that the Service Provider returns the shipment to the sender for the aforementioned reason, it will be considered that the Service Provider has performed its service in the manner requested by the Service Client and will be entitled to charge the agreed fee.
11.5. If the Service Provider delivers the parcel to the recipient who is a legal entity, the confirmation of receipt of the parcel will be signed by the person who is in charge of receiving the parcel at the recipient, and it will be considered that the Service Provider has fully fulfilled its obligation and will be entitled to charge the agreed fee from the Postal Service client.
11.6. The price of each service provided by the Service Provider includes delivery of the item on a maximum of two occasions. In other words, if the recipient of the item is not at the address designated for the delivery of the item, the Service Provider will leave a notice of unsuccessful delivery of the item to the recipient at that address, stating that the recipient is obliged to contact the Service Provider within five days, starting from the day when the notice was left in order to agree on a new date or address for delivery of the item. The service provider will return the shipment to the sender: • (i) upon the expiry of a period of 5 days from the date on which the notification of the failed delivery was made known to the addressee, if the recipient of the consignment does not contact the Service Provider within that period in order to agree on a new date for the delivery of the consignment, or • (ii) if the Service Provider fails to deliver the item to the recipient for the second time, or • (iii) if the consignee refuses to accept the consignment • (iv) if the recipient of the consignment does not collect the consignment within 5 days from the parcel locker.
Article 12
Payment for the service
12.1. In the event that the sender indicates, on the Pick-up List or on the form printed out using the electronic program provided by the Service Provider, that the recipient is obliged to pay for the ordered service, and the recipient refuses to pay the Service Provider for his service, then the Service Provider has the right to charge its service from the sender.
12.2. If it is not possible to accept the shipment at the address designated for the receipt of the shipment, the Service Provider will make another attempt to accept the shipment. If it is not possible to receive the shipment for the second time, the Service Provider will charge the Client for the services, and the Service Client will be obliged to pay the Service Provider an amount equal to the minimum tariff for the type of service requested by the Client as if the Service Provider had performed the requested service in full.
12.3. If the Sender orders the collection of any Express Shipment referred to in paragraph 2.2 of Article 2 or the Palletized Shipment referred to in paragraph 5.1 of Article 5, and it is not prepared for collection by the Service Provider during the Service Provider's attempt to pick it up, the Service Provider reserves the right to charge a Fee for unsuccessful collection of the shipment in accordance with the Service Provider's price list.
12.4. The Service Provider shall apply the following surcharges in accordance with its price list: • (i) sending a copy of the Delivery List with the signature and possible verification of receipt of the shipment by the recipient, to the sender or recipient of the shipment by electronic mail or fax for each shipment older than 3 months from the date of receipt; • (ii) subsequent correction of incorrect information about the shipment (for example, stating but not limited to the cash on delivery amount, change in the number of return documents and similar information provided by the sender), due to which the Service Provider must additionally go to the sender's or recipient's address; • (iii) the subsequent modification of the details of the payer of the postal service after the performance of the service; • (iv) compensation for a heavy and bulky package; • (c) compensation for heavy and bulky pallets in international traffic; • (vi) a fee for delivery to shopping centres and other places of delivery to which delivery is permitted only within a time-limited period; • (vii) a fee for personal delivery; • (viii) the fee for the collection of consignments; • (ix) toll charges; • (x) compensation for unsuccessful collection of consignments; • (xi) a fee for picking up items at an alternative address; • (xii) seasonal compensation during months with a higher number of consignments; • (xiii) fuel surcharge; • (xiv) COD fees; • (xv) the fee for sending SMS notifications; • (xvi) the fee for the return document; • (xvii) Card Payment Fee.
Article 13
Supplementary services in domestic transport
13.1. When handing over the consignment, the Sender may require the Service Provider to deliver the consignment to the consignee with prior collection of the redemption amount from the consignee in favour of the consignor. The Recipient pays the price of the purchase shipment to the Service Provider's employee in cash (whereby the Sender is obliged to comply with the provisions of applicable laws and regulations on the suppression and prevention of money laundering and terrorist financing) or (depending on the Service Provider's decision) any other means of payment when handing over the redemption shipment, for which the Service Provider's employee issues a specific confirmation of payment of the redemption amount. The Service Provider provides Package Recipients who have chosen the COD Collection Service with the option of paying the COD amount online - by card and using other digital payment models and through the WSPay system for credit card authorization in real time. The Service Provider will pay the COD amount received by the recipient to the sender's account. The sender who requests the Service Provider to provide such a service is obliged to indicate such service on the Pick-up List and the Label, i.e. on the form printed out using the Application. Furthermore, the sender is obliged to indicate both the COD amount on the Pick-up List and on the form printed using the Application.
13.2. Provided that the Service Provider provides the service of delivering the consignment exclusively to a specific person, the Service Provider shall deliver such consignment exclusively to the person indicated by the sender on the consignment. When ordering the service of delivery of a parcel to a specific person, the sender will be obliged to indicate such service on (i) the Pick-up List and the Label, i.e. on the form printed by the sender using the Application, and (ii) write "deliver to the personally indicated recipient" on the shipment. When delivering the item to the recipient, the Service Provider will ask the recipient to confirm receipt of the item by signing the Delivery List. The Sender may at any time find out by contacting the Service Provider whether it provides the service specified in paragraph 2 of this Article. The service of delivery of the consignment to the person's hands may be used only by the sender who has specifically contracted such a service with the Service Provider.
13.3. Upon handing over the consignment, the Sender may require the Service Provider to deliver the consignment to the consignee in such a way that the consignee also confirms the Delivery Note with his/her signature (as this term is defined in Article 8.3 of these General Terms and Conditions). When delivering the consignment to the consignee, the Service Provider shall ask the consignee to confirm with his/her signature the Delivery Note that is returned to the consignor and to sign it on the Delivery List. Such a service can be requested from the Service Provider only by marking such a service on the Pick-up List and the Labels, with the limitation that this additional service is not possible in the case of sending a package to the Overseas Shop and through a parcel locker. If the recipient refuses to sign the Delivery note when delivering the item, but issues a document to the Service Provider stating that the recipient will subsequently deliver/deliver the signed Delivery Note to the sender, it will be considered – for the purposes of regulating the relationship between the sender and the Service Provider – that the Service Provider has also performed the service of returning the signed Delivery Note to the sender by delivering the item to the recipient, i.e. it will be considered that the Service Provider has fully performed the ordered service (regardless of this that he did not return the signed Delivery Note to the sender, but received a document from the recipient of the shipment stating that the recipient would subsequently deliver/deliver the Delivery Note to the sender). The sender who sends the consignment together with the Delivery Note undertakes to inform the recipient whether the consignee signs the Delivery Slip at the same time as the receipt of the consignment or sends the signed Delivery Slip or subsequently returns the consignee to the consignor at his own expense.
13.4. The Service Provider provides the service of SMS and e-mail notification of delivery of the item only upon the order of the Sender. The sender who wants to send a shipment using such service of the Service Provider, has the option of choosing an SMS and/or e-mail notification using the Application. The sender who requests the Service Provider to provide such a service is obliged to mark such service using the Application.
13.4.1. The Service Provider provides the service of time-defined delivery of items to the Recipient to shopping centers and other delivery places to which (in accordance with the internal rules of such entities) delivery is allowed only within the time-defined period. The Service Provider reserves the right to charge the Fee for the delivery of shipments to shopping centers and other delivery places to which delivery is allowed only within a time-defined period, in accordance with the Service Provider's price list. For the avoidance of any doubt, and when the aforementioned service has been agreed between the Service Provider and the sender, the sender is responsible for the accuracy of the electronic data that will be delivered to the Service Provider, and the Service Provider will, within its technological process, separately mark shipments that are delivered to shopping centers and other delivery places to which delivery is allowed only within a time-defined period, and the mark made in this way by the Service Provider will be considered accurate and true and will be valid as such and towards the sender. Time-based delivery service to shopping malls and other delivery points to which delivery is allowed only within a time-limited period.
13.5. Additional services specified in paragraphs 1 and 4 of this Article may be requested by the Client from the Service Provider in relation to the Express Service (as defined in Article 2 of these General Terms and Conditions).
13.6. Additional services specified in paragraphs 2, 3 and 4 of this Article may be requested by the Client from the Service Provider in relation to the Express Service (as defined in Article 2 of these General Terms and Conditions).
Article 14
Liability and exclusion of liability of the Service Provider
14.1. In domestic traffic, the Service Provider shall be liable (a) for loss or damage to the consignment or impairment of its contents, (b) for exceeding the deadline for transmission and delivery of the consignment and (c) for non-performance of the service or non-performance in full.
14.2. The Service Provider, within the meaning of paragraph 1 of this Article, shall not be liable: (a) if the event referred to in paragraph 1 of this Article occurs as a result of Force Majeure (as that term is defined in paragraph 4 of this Article), i.e. a circumstance for which it is not reasonable or reasonable to expect to be under the control or influence of the Service Provider, (b) when the user of the service (under the above for the purposes of these General Terms and Conditions shall be considered a legal or natural person using the service as the sender or recipient of the consignment) fails to file a complaint within the deadlines set out in Article 15.1 or 15.2 of these General Terms and Conditions, (c) when the Service User fails to submit a claim for damages within the time limit set out in the Act, (d) in the case of consignments whose content constitutes Prohibited Content, (e) when the sender did not act in the manner prescribed in these General Terms and Conditions when addressing and/or packing the consignment, (f) in the event that the outer packaging is damaged during the transfer of the consignment, but the contents of the consignment are not damaged, (g) in the event that the sender has not used the respective service offered by the Service Provider, and (h) in other cases expressly prescribed in these General Terms and Conditions.
14.3. The Service Provider shall not be liable for lost profits or any other forms of indirect, consequential or consequential damages (by way of example, but without limitation in stating: lost profits/earnings, income from lost interest, lost profits/earnings from possible future transactions, etc.), as well as for ordinary damages that may arise to the sender and/or recipient due to (a) loss, damage or reduction in the content of the shipment, (b) exceeding the deadline for the transfer and delivery of the shipment, (c) failure to perform the service by the Service Provider, i.e. failure to perform it in full, or (d) due to the occurrence of other cases specified in these General Terms and Conditions when the liability of the Service Provider is excluded.
14.4. The term "Force Majeure", for the purposes of these General Terms and Conditions, means external and extraordinary circumstances that did not exist at the time of receipt of the shipment by the Service Provider, which could not have been foreseen, and which arose without the will and influence of the Service Provider. The term Force Majeure or circumstance for which it is not reasonable and reasonable to expect to be under the control or influence of the Service Provider means natural disasters, including fire, earthquake, storm or flood, state act or act of some other competent authority, suspension of work/strike, explosion, accident, power grid failure, significant political and social unrest, significant political or economic circumstances such as rebellion, act of terrorism or declared and undeclared war.
14.5. The Sender shall indemnify the Service Provider for all damages and costs related to claims for damages, legal proceedings of any nature, which claims and/or procedures would relate to any potential or actual illegal or Prohibited Content of the Shipment.
14.6. The Sender shall indemnify the Service Provider for all damages and all costs that the Service Provider may incur as a result of any legal proceedings, claims, demands or criminal/misdemeanor proceedings that may arise due to the Service Client's acting contrary to these General Terms and Conditions, the Contract, the Act or other regulations of the Republic of Croatia and international agreements.
14.7. In international traffic, the Service Provider shall be liable within the limits set by the acts of the Universal Postal Union and international agreements.
Article 15
Filing and handling of objections and complaints
15.1. In the event of loss of the consignment, exceeding the deadline for the transfer and delivery of the consignment, or in the event that the Service Provider has not performed the service or has not performed it in full, the Service User has the right to file a complaint with the Service Provider within three months from the date of handing over the consignment to the Service Provider for domestic transport or within six months from the date of handing over the consignment to the Service Provider in international traffic. Each objection must be in writing and must state the information about the person submitting it (name and surname, address, telephone number and email address), explain the reason for the objection and state all the facts as well as attach all the evidence from which the complaint is founded. The complaint shall be submitted to the Service Provider at its registered business address.
15.2. The Service User is obliged to submit the complaint due to damage or reduction of the content of the shipment to the Service Provider immediately upon delivery of the shipment. By signing the service user on the Delivery List, that person confirms that they received the shipment undamaged and without reducing its content (with the exception specified in the next sentence). A complaint made or submitted to the Service Provider after the delivery of the item is not accepted, unless the Service User provides proof that the damage or reduction in the contents of the item occurred before the delivery of the item.
15.3. The Service Provider shall respond in writing to any complaint within 30 days from the date of receipt of the complaint in domestic traffic, or within 60 days from the date of receipt of the complaint in international traffic. For the avoidance of doubt, the Service Provider is not obliged to respond to a complaint that does not contain information about the person submitting it. Upon receipt of the Service Provider's response to the complaint, the Service User who filed the complaint shall have the right to file a complaint with the Service Provider's Consumer Complaints Committee within the next 30 days from the date of delivery of the written response. The complaint shall be submitted to the Service Provider at its registered business address. The complaint must also be accompanied by a copy of the Service Provider's response to the complaint. The Consumer Complaints Committee of the Service Provider shall submit a written response to the Service User who has submitted the complaint within 30 days from the date of receipt of the complaint.
15.4. Furthermore, upon receipt of the response of the Service Provider's Consumer Complaints Committee, the Service User who has filed the complaint has the right to submit a request for dispute resolution in relation to the complaint submitted to the Service Provider within 30 days from the date of receipt of the response of the Consumer Complaints Committee to the Croatian Regulatory Agency for Network Industries. If a service user who has submitted a request to the Croatian Regulatory Agency for Network Industries to resolve a dispute regarding a complaint on the same factual and legal basis files a lawsuit with the competent court, the dispute resolution procedure before the Croatian Network Industry Regulatory Agency shall be suspended.
15.5. Within 30 days from the date of: (a) receipt of the Service Provider's response to the submitted complaint accepting the complaint; or (b) receipt of a response from the Consumer Complaints Committee of the Service Provider accepting the complaint; or (c) of the decision of the Croatian Regulatory Authority for Network Industries by which the dispute was resolved in favour of the Service User who submitted a request for dispute resolution to the Croatian Regulatory Authority for Network Industries, the Service User shall have the right to submit a claim for damages to the Service Provider.
15.6. The Service Provider shall pay the compensation within 30 days from the date of receipt of a valid request from the User, for which the request must contain the complete documentation necessary for the execution of the payment.
15.7. In the event that the Service Provider refuses to pay damages, the Service User who has filed a claim for damages will be entitled to initiate appropriate legal proceedings against the Service Provider before the competent court and to claim damages in such proceedings.
15.8. For the avoidance of any doubt, the Service User shall be entitled to claim damages before the competent court only if the following conditions are cumulatively met: • (a) the objection has been lodged within the time limit provided for in Articles 15.1 and 15.2; • (b) the complaint is lodged within the time limit provided for in Article 15.3; • (c) the claim for damages is submitted within the time limit specified in Article 15.5.
Article 16
Compensation for Damage and Procedure for Damages
16.1. For loss or total damage to contents in domestic traffic: (i) consignments referred to in Article 13.1 of the Act. – In the event that its liability is established, the Service Provider shall pay compensation to the sender in the amount of the redemption amount indicated on the Pick-up List, i.e. in the amount specified in the electronic data provided by the sender to the Service Provider (Article 10 of these General Terms and Conditions). Notwithstanding the above, in the event that the actual value of the shipment is different from the redemption amount, the sender is obliged to provide the Service Provider with documents/documents from which it is undoubtedly clear what the actual value of the shipment is. If the Service Provider, on the basis of its discretionary decision, determines that the submitted documentation undoubtedly shows that the actual value of the shipment is different from the redemption amount, the Service Provider will pay the sender the actual value of the shipment as compensation for damages, taking into account that (i), the Service Provider's liability for loss or total damage to the contents of the shipment referred to in Article 13.1 limited to a maximum amount of EUR 600.00 per package and a maximum amount of EUR 800.00 per shipment. If the sender claims compensation for damage under this Article 16.1 (i), he is obliged to attach all necessary documentation/documents on the basis of which he bases his claim in the claim for damages under this Article 16.1 (i) of the General Terms and Conditions. The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of (ii) consignments sent through one of the additional services indicated in Articles 13.2, 13.3 and 13.4. – The Service Provider shall, in the event that its liability is established, pay damages in the amount of five times the fee charged by the Service Provider to the sender, depending on the type of service requested by the sender. Notwithstanding the above, in the event that the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider from the sender, the sender is obliged to provide the Service Provider with documents/documents from which it is undoubtedly clear what the actual value of the shipment is. If the Service Provider, on the basis of its discretionary decision, determines that it is clear from the submitted documentation that the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider from the sender, the Service Provider will pay the sender the actual value of the shipment as damages, taking into account the limitation of the Service Provider's liability to a maximum amount of EUR 600.00 per package and a maximum amount of EUR 800.00 per shipment. If the Sender claims compensation under this Article 16.1 (ii), he is obliged to enclose in the claim for damages under this Article 16.1 (ii) of the General Terms and Conditions all the necessary documentation/documents on the basis of which he bases his claim. The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of the consignment.
16.2. For partial damage or reduction of the contents in domestic traffic: (i) the consignment referred to in Article 13.1 or (ii) the consignment sent via one of the additional services indicated in Articles 13.2, 13.3 and 13.4, the Service Provider shall, in the event that its liability is established, pay compensation in the amount corresponding to the actual value of the damaged or reduced contents of the consignment, taking into account the insurance practice and depreciation, i.e. depreciation of the value of the consignment itself due to age or malfunction. Notwithstanding the foregoing, the Service Provider's liability for partial damage or reduction of the contents of the shipment referred to in Article 13.1, i.e. the contents of the shipment sent through one of the additional services indicated in Articles 13.2, 13.3, and 13.4 is limited to the maximum amount of EUR 600.00 per package and the maximum amount of EUR 800.00 per shipment. If the Sender claims damages under this Article 16.2 (i), the Sender is obliged to enclose in the claim for damages under this Article 16.2 (i) all necessary documents/documents on the basis of which the claim is based (the Sender is also obliged to submit a document/document from which it is undoubtedly clear what the value of the damaged or reduced contents of the Shipment is). The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of the consignment.
16.3. For exceeding the deadline for the transfer and delivery of a parcel using the Express service in domestic traffic, a parcel for which the Service Provider has assumed the obligation to transfer and deliver it within a certain period (additional service referred to in Article 13.4 of these General Terms and Conditions), the Service Provider shall, in the event that its liability is established, pay compensation for damage in the amount of three times the fee charged by the Service Provider from the sender. The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of the consignment.
16.4. For non-performance of service in domestic traffic, i.e. non-performance of the service in full in respect of: (i) the consignment referred to in Article 13.1. – In the event that its liability is established, the Service Provider will pay compensation in the amount of the redemption amount indicated on the Takeover List, i.e. in the amount stated in the electronic data provided by the sender to the Service Provider (Article 10 of these General Terms and Conditions). Notwithstanding the above, in the event that the actual value of the shipment is higher than the purchase amount, the sender is obliged to provide the Service Provider with documents/documents from which it is undoubtedly clear what the actual value of the shipment is. If the Service Provider, on the basis of its discretionary decision, determines that the submitted documentation undoubtedly shows that the actual value of the shipment is higher than the purchase amount, the Service Provider will pay the sender the actual value of the shipment as compensation for damages. If the Sender claims compensation under this Article 16.4 (i), he is obliged to enclose in the claim for damages under this Article 16.4 (i) of the General Terms and Conditions all the necessary documentation/documents on the basis of which he bases his claim. The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of the consignment. (ii) consignments sent by means of one of the additional services indicated in Articles 13.2, 13.3 and 13.4. – The Service Provider shall, in the event that its liability is established, pay damages in the amount of five times the fee charged by the Service Provider to the sender, depending on the type of service requested by the sender. Notwithstanding the above, in the event that the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider from the sender, the sender is obliged to provide the Service Provider with documents/documents from which it is clear what the actual value of the shipment is. If the Service Provider, based on its discretionary decision, determines that the submitted documentation undoubtedly shows that the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider from the sender, the Service Provider will pay the sender the actual value of the shipment as damages. If the sender claims compensation for damage under this Article 16.4 (ii), he is obliged to enclose in the claim for damages under this Article 16.4 (ii) of the General Terms and Conditions all the necessary documentation/documents on the basis of which he bases his claim. The provisions of this Article shall also apply accordingly in the event that a claim for compensation is submitted by the recipient of the consignment.
16.5. In the event of non-performance of the service in domestic traffic, i.e. failure to perform the service in full, the Service Provider is obliged, in addition to the payment of compensation for damage as specified in Article 16.4 of these General Terms and Conditions, to return the charged price of the service and to pay statutory default interest counting from the date of filing the claim for compensation until payment.
16.6. In the event that the Sender, by means of one of the additional services indicated in Articles 13.2, 13.3 and 13.4, hands over to the Service Provider slip(s) credit, debit or other types of bank cards, prescriptions, cheques, cheque books, bills of exchange, promissory notes, travel tickets, and any other documents, contracts or documents on which the value of such document, contract or document is indicated, and: (i) there is a loss or complete damage to the contents of such shipment for which the Service Provider is responsible, and (ii) the service user claims damages in an amount exceeding the amount of five times the compensation to which the sender or recipient of the shipment would be entitled in accordance with the provisions of these General Terms and Conditions, then the amount of damage shall be considered to be the amount corresponding to the demonstrable cost of re-acquisition, or obtaining a lost or damaged document, document or contract. The cost of manpower, i.e. personnel required to obtain or obtain a document, document or contract, will not be recognized as the cost of obtaining or obtaining. A person claiming compensation for damage is obliged to act in good faith and take all necessary actions in order to obtain or obtain such a document, document or contract at the lowest possible cost. For the avoidance of doubt, the Service Provider's liability is limited to a maximum amount of EUR 600.00 per package and a maximum amount of EUR 800.00 per shipment.
16.7. The acts of the Universal Postal Union shall apply to compensation for damage in international traffic. In the areas of application of the Warsaw or CMR Conventions, or any law or act adopted by said conventions, or in the areas of application of other binding regulations, the liability of the Service Provider is governed by and will be limited according to such applicable rules.
Article 17
Sender's responsibility
The Sender is responsible for all damages caused by its shipment to other shipments, facilities and equipment of the Service Provider or third parties, as well as for injuries or death of the Service Provider's employees and other persons, if they occurred for any of the following reasons: (a) if the shipment contained Prohibited Content, (b) if the sender did not comply with the special legal conditions for sending certain items contained in its shipment and these General Terms and Conditions, and (c) if the shipment was not packaged in the manner prescribed by these General Terms and Conditions.
Article 18
Prices of services, default interest, invoicing and waiver of statute of limitations
18.1. The Service Provider charges for its services according to the price list that has been publicly published and submitted to the Croatian Regulatory Agency for Network Industries.
18.2. When a Contract exists between the Service User and the Service Provider, and provided that such a Contract does not stipulate otherwise, the Service Provider shall, upon the expiry of the billing period specified in the Contract, calculate the services provided to the Service User in that billing period and issue an invoice to the Service User for such services together with the specification of the services performed. Upon the expiry of the fifteenth day from the date of expiry of the billing period, it shall be considered that the Service User has received the Service Provider's invoice in relation to the services provided in that accounting period.
18.3. The User of the Transport Delivery Service may pay: (I) in cash (upon picking up the package or upon delivery of the package), and the Service Provider's employee is obliged to issue an invoice to the User; (II) advance transfer to the account of the Service Provider. If the User pays for the delivery service through a pro forma invoice, the package will not be handed over for further processing until the Service Provider receives from the User a confirmation of the transfer of funds to the Service Provider's bank account; (III) online by card and using the service through the WSPay system for credit card authorization in real time, and the Service Provider's employee is obliged to issue an invoice to the user. If the Offer/Contract does not define a different payment deadline for the service, it is considered that the payment deadline is 15 days from the performance of the service. The complaint period for invoices is 8 days from the date of the invoice. When signing the Offer/Contract, the User is obliged to attach a blank promissory note or promissory note to the stipulated monthly amount of the account or to pay a deposit in the same amount to the Service Provider's account. If the User fails to pay the invoice within the currency period, the Service Provider shall calculate the applicable statutory default interest rate from the due date of the outstanding claim until the final settlement of the same.
18.4. In the event that there is a Contract between the Service Provider and the Service User, it shall be considered that the Service User acknowledges all obsolete obligations that the Service User has towards the Service Provider at the time of ordering the Service, i.e. with each such order of the Service from the Service Provider, it will be considered that the Service User has waived the statute of limitations in relation to the obligations that the Service User has towards the Service Provider that are currently obsolete. For the avoidance of any doubt, by accepting these General Terms and Conditions, the Service User declares that this provision does not create inequality in the rights of the parties to their detriment, since they themselves consciously acknowledge the consequences of such an action by their actions, or in this case by ordering the service from the Service Provider, which is the waiver of the statute of limitations in relation to all obligations to the Service Provider that are obsolete at that time. Furthermore, the Service User declares that ordering the Service by any of its employees (regardless of the legal basis on which such employee was hired) and regardless of whether or not that person is the legal representative of the Service User, will also result in the Service User waiving the statute of limitations in relation to all obligations to the Service Provider that are outdated at that time.
Article 19
Protection of personal data of natural persons of service users
19.1. The Service Provider handles the personal data of natural persons of the Service Users in accordance with the General Data Protection Regulation (GDPR). General Data Protection Regulation (GDPR) and the Act on the Implementation of the General Data Protection Regulation. Data protection is of particular importance to the Service Provider and we take data protection very seriously. With the privacy statement published on our website https://www.overseas.hr/hr/footer_stranice/izjava-oprivatnosti-3 we have set out the principles and conditions for the processing of users' personal data, the ways in which the data is processed, for what purposes it is used, what are the rights of individuals in relation to the processing of personal data and the ways in which they can exercise these rights.
Article 20
Other
20.1. In the event of fluctuations in the price of oil on the domestic market, as well as in other justified cases, the Service Provider reserves the right to unilaterally adjust its prices for the transport of shipments. Due to the unstable global growth of the oil/petroleum products market and the rise in fuel prices, the Service Provider reserves the right to charge a fuel surcharge that will be applied to the basic price of the service in domestic and international traffic. In the event of fluctuations in the price of oil on the domestic market, as well as in other justified cases, the Service Provider reserves the right to unilaterally adjust the amount of the fuel surcharge. The amount of the fuel surcharge is an integral part of the Price List of Value-Added Postal Services and certain additional services of the Service Provider. The fuel surcharge is calculated monthly on our invoices according to the value criterion published on the website: www.overseas.hr .
20.2. In the event that the Service Provider, who has concluded a Contract with the Service User, initiates a procedure for the forced collection of its claim against such a Service User, and the Service User in this procedure - after the deadline for filing a complaint set by the Act has expired - disputes the invoice in whole or in part, claiming that the contracted service has not been provided or has not been provided in full, i.e. in the agreed manner or by claiming something else, the Service Provider will have the right to charge the Service User, and by accepting these General Terms and Conditions, the Service User accepts the obligation to pay the Service Provider for the service of collecting, processing and preparing documentation by which the Service Provider will prove its claim, i.e. dispute the Service User's allegations. The Service Provider will charge for the service of collecting, processing and preparing documentation in accordance with the prices specified in its price list. For the avoidance of any doubt, the Service Provider shall be entitled to charge for the aforementioned service of collecting, processing and preparing documentation regardless of the true argumentation and/or legal instruments used by the Service Provider in the procedure to dispute the allegations of the Service User.
20.3. The Service Provider will have the applicable General Terms and Conditions published on its website www.overseas.hr . Furthermore, the Service Provider shall ensure the availability of the General Terms and Conditions in force at that time in its premises intended for Service Users and shall make them available for inspection at the request of the Service User. The Service Provider reserves the right to amend and/or supplement the text of the General Terms and Conditions at any time. In such a case, the Service Provider shall make the newly valid text of the General Terms and Conditions available on its website and at its business premises no later than 8 days before the date of entry into force. If the Sender who has concluded a Contract with the Service Provider does not terminate such a Contract before the entry into force of the newly valid text of the General Terms and Conditions, it shall be considered that such Sender has accepted the amendments and/or additions, i.e. that he has accepted the newly valid text of the General Terms and Conditions. At the moment when the Service User orders a service from the Service Provider, it shall be considered that the Service User has read the General Terms and Conditions of the Service Provider in force at that time and that he accepts them in full.
20.4. For any disputes regarding the interpretation, application or execution of these General Terms and Conditions, the Service Provider and the Service User shall endeavour to resolve it amicably. If the Service Provider and the Service User fail to resolve the dispute regarding the interpretation, application or execution of these General Terms and Conditions amicably, the court in Zagreb shall have jurisdiction to resolve the disputes.
20.5. In the event that one or more provisions of these General Terms and Conditions are declared null and void, this shall not affect the validity of the other provisions of these General Terms and Conditions, which shall remain in full force and effect. If any provision of these General Terms and Conditions proves to be illegal or unenforceable, the other provisions of the General Terms and Conditions shall remain in full force and effect. Should any provision of these General Terms and Conditions be declared invalid, such invalid provision shall be immediately replaced by a new provision which shall be valid in form and content and which, to the extent possible, shall seek to achieve, to the extent possible, the purpose and intent of the invalid provision.
20.6. Croatian law applies to these General Terms and Conditions.
20.7. These General Terms and Conditions enter into force and apply from 20.05.2024.
20.8. These General Terms and Conditions have been submitted to the Croatian Regulatory Agency for Network Industries.
Director:
Martina Marojević Marko Jelenc
Overseas Express warehouses in Croatia
In addition to regional branches, our warehouses are located in Vinkovci, Slavonski Brod, Virovitica, Kutina, Sisak, Krapina, Sesvete, Karlovac, Gospić, Šibenik, Metković and Dubrovnik.
If you need our service at the specified warehouse locations, please contactCustomer Service for details.