1. Application

1.1       These General Conditions of Carriage are applicable to all contracts concluded with the Service Provider related to the shipment of parcels by the DPD BUSINESS / DPD HOME / DPD SHOP service.

1.2      All shipments of parcels not included in the DPD BUSINESS / DPD HOME / DPD SHOP service shall be subject to the DPD’s General Conditions of Carriage available at www.dpd.pt. 

2. Exercise of the right to give instructions/right of disposition

2.1         In view of the options offered by the Service Provider in relation to the time and place of delivery, the sender and the Service provider may agree that the right to give instructions and the right of disposition with regard to the parcel are transferred to the receiver, including the first delivery attempt.

2.2       This does not exclude the possibility of the sender having to correct address errors. However, such corrections need only be taken into consideration by the Service Provider if they are made before delivery to the receiver.

3. The parcel

DPD BUSINESS / DPD HOME / DPD SHOP with delivery to the domicile accepts parcels with the following weights and sizes:

Max. Weight: 31.5 kg max. Length: 175 cm max. Circumference*: 300 cm

* Length + 2x (height + width).

The Pickup retail network accepts parcels with the following weights and sizes:

Max. Weight: 20 kg max. Length: 100 cm max. Circumference: 250 cm

* Length + 2x (height + width).

4. Packaging

4.1      The sender is solely responsible for ensuring adequate interior and exterior packaging. The sender should use packaging that sufficiently protects its contents, taking into account its treatment by automatic sorting equipment and mechanical handling, as well as varying climatic conditions, as applicable. The sender is responsible for checking that all parcels meet these requirements.  If any parcel is opened, for justified reasons, the Service Provider shall leave evidence of this access to its contents. 

4.2     No text printed on the packaging shall be taken into account, such as 'Glass handle with care' or 'this side up'. Such instructions do not exempt the sender from the responsibility of using transport packaging that meets the requirements of Section 4.1.

5. Products excluded from shipment

5.1      The Service Provider shall not accept the following goods for transportation, unless otherwise agreed, and especially the products marked with an asterisk (“*”) (the Customer is invited to check the list of authorised products on the website www.dpd.com:

•  I. Parcels that are not packed and labelled in accordance with Section 4; bundled parcels in which two or more parcels are bundled together and marked with only one parcel label; parcels that exceed the sizes referred to in Section 3;
• II. Hazardous, harmful and inflammable goods, including but not limited to: hazardous or harmful waste, medical waste, hypodermic needles and syringes, firearms, weapons or parts of weapons (*), ammunitions, explosives, fireworks, chemical products, acid, corrosive or irritant substances;
•  III. Batteries (*);
•  IV. Tobacco products (*);
• V. Works of art, jewellery (including watches * ), precious metals (including gold or silver), precious stones, real pearls, glass or any articles (or part of them) that are made of glass, porcelain, ceramic or other similar materials, antiquities, carpets, furs or any other valuable items;
• VI. Cash, coins, collectable coins and stamps (*);
• VII. Documents which can be exchanged for cash or goods (for example cheques, vouchers with a face value, credit notes, securities, bearer shares, paper currency and negotiable instruments equivalent to cash admission tickets and gambling tickets);
• VIII. Alcohol including wines, beers and spirits (*);
• IX. Liquids of any kind (*) and ice;
• X. Televisions or monitors with screens larger than 37 cm (*);
• XI. Body parts or human remains, living or dead animals, fish or birds, or any living organism of any type (including seeds, trees and plants);
• XII. Any goods prohibited by the law or regulation of any government or public or local authority of any country to which the goods are transported;
• XIII. Parcels and goods whose transportation is subject to the obtaining of a license by the Service Provider or any DPD Network Member and/or which do not meet the requirements of the international conventions or statutory regulations of the respective country of dispatch, sending, transit or destination or which require special permits (import or export);
• XIV. Parcels which require a declaration of value, pursuant to article 24 CMR, or a declaration of special interest in delivery, pursuant to article 26, number 1 CMR;
• XV. Tender bids, short-listing dossiers in the context of award of contract and copies of examination papers (*). 

5.2       The Service Provider is entitled to not continue the transport if, after acceptance of the goods, it learns of a reason for its exclusion or if it deduces that the parcel falls under the exclusions established in Section 5.1.

5.3       Before submitting shipments for transport, the sender is obliged to check and indicate to the Service Provider if the parcels contain goods which are excluded from transport under the terms of Section 5.1. The Service Provider does not check whether any restriction from shipment is applicable. In case of doubt, the sender should inform the Service Provider and ask for a decision on the case. If the sender does not give the Service Provider any notification, it shall be considered as a declaration that the parcel does not contain goods which are subject to exclusion.

5.4      The Service Provider's acceptance of the shipment of goods listed in Section 5.1 does not imply a waiver of the right of exclusion established in this Section. 

5.5       In addition to any statutory liability, the sender shall be liable for any direct or indirect damage derived from the shipment of goods which are excluded under Section 5.1, or in cases where notification in accordance with Section 5.3 has not been provided.

5.6       In the event of a breach of the terms of exclusion indicated in Section 5.1 or the terms of notification described in Section 5.3, any liability for loss or damage on the part of the Service Provider, in accordance with Section 11.3, shall be excluded.

6. Scope of the services

6.1      The services cover the following:

• 6.1.1  Organisation of the transport, including the collection, sorting and delivery of parcels to the receiver;

• 6.1.2  Delivery after signature of the receiver, or to any person present at the receiver's address who is willing to accept the delivery of the parcel, unless there is good reason to doubt that this person is entitled to accept the delivery. The Service Provider is not obliged to check the identity of this person (e.g. based on an identification document).

• 6.1.3  If the receiver is not located, a second delivery attempt shall be made. In the case of international deliveries the number of delivery attempts in the country of destination may vary.

• 6.1.4  The return to the sender of any parcel which was unable to be delivered or rejected by the receiver.

6.2     After the first unsuccessful attempt to deliver a parcel to the receiver, the Service Provider shall be entitled to deliver the parcel to the nearest Pickup Shop (alternative delivery methods). In the case of delivery to a Pickup Shop, the parcel shall be available for ten calendar days (the number of days depend on the destination country) to be picked up by the receiver or a person on his/her behalf. If the parcel is not picked up within the indicated time limit, it shall be returned to the sender. In all cases of alternative delivery, the receiver should be informed of this possibility, indicating the name and address of the respective Pickup Shop.

6.3     The alternative delivery methods, as specified in Section 6.2, shall not be applicable if written instructions otherwise have been provided by the sender or receiver.

6.4     Delivery in accordance with Section 6.1.2 shall also be considered as accomplished if the parcel has been deposited, with the written agreement of the sender or receiver, at a specified location (authorisation to deposit).

6.5     The delivery shall likewise be considered accomplished when made at an automated facility for reception of parcels at the receiver's address, based on an authorisation to deposit received from the receiver, pursuant to Section 6.4.

6.6     Declarations of value or interest in accordance with CMR shall not be applicable.

7. Delivery time limits

7.1      No delivery time limits are agreed. The delivery time limits are merely indicative

8. Payment of services

8.1      Where nothing has been agreed to the contrary, the payment of the services shall be made in accordance with the Service Provider’s current price list. The prices which are valid on the day the shipment order is placed shall be applicable.

8.2     The costs related to import/export shipments (e.g. customs duties and import charges) are invoiced to the receiver in the country of destination. This does not exclude the sender's liability to the Service Provider for the payment of these costs.

8.3      If services, costs or other charges are to be paid or are caused by a receiver in another country, the sender shall be liable for these amounts if the receiver in the other country fails to pay them on first demand.

9. Obligation to cooperate

9.1       The sender is responsible for assuring that the addresses and transport documentation are free from error and correctly completed. Post office box addresses or addressing of an automated facility for the delivery of parcels other than those specified in Section 6.5 are not accepted.

9.2       When goods subject to customs duties are shipped, the sender is responsible for assuring that all the documentation required for customs clearance is attached to the parcel in an accessible manner for consultation.

10. Declaration of value

10.1       Without prejudice to the provisions in Sections 5.1 and 6.6., the sender must indicate the value of the parcel if it is higher than € 300. Parcels with a declared value corresponding to the value covered by the Service Provider's highest insurance receive special treatment. The highest insurance is taken out in accordance with Section 12.2.

10.2       Under the provisions in Section 10.1, the Service Provider is liable up to the amount of the highest declared value covered by the insurance.

10.3       If the sender does not declare the value of a parcel, the Service Provider shall assume that this value is not higher than €300. In this case, any compensation pursuant to Sections 11 and 12 is limited to € 300 per parcel. 

11. Liability

11.1         Except in the case of culpable damage or due to gross negligence, the Service Provider is liable, regardless of Sections 10.2 and 10.3, from the time that the goods are accepted for shipment until their delivery to the receiver:

11.1.1       For loss and damage to the goods during international shipping, in accordance with the CMR regulations for road transport;

11.2       Any liability for occasional damage of the goods is excluded

11.3       Except for cases of culpable damage or due to gross negligence, liability, in addition to the legally regulated cases, is excluded if the parcel is prohibited from shipment (in accordance with Section 5.1), and the sender fails to inform DPD that the goods are excluded from transport (in accordance with Section 5.3). This shall only be applicable is the Service Provider has not clearly recognised that the shipment was subject to exclusion.

11.4       The sender should confirm any loss, damage or delay by notice in writing within 30 days after the date of dispatch. In case of loss or damage, the sender should have described the reservations in the proof of delivery. 

11.5       Claim procedures that give rise to the Service Provider's decision to compensate are extinguished upon this payment. 

12. Insurance

 

12.1       To the extent of the Service Provider's liability, in accordance with Section 11, each parcel is covered by insurance to the benefit of the sender. If the limit of the Service Provider's liability is insufficient to provide the entire compensation for the damage to the goods, the insurance cover shall make up the difference between the liability limit and the damage to the goods. The overall compensation provided by liability and insurance cover is limited to a maximum of € 300 per parcel.

12.2       It is possible, at a higher premium, to take out insurance up to € 3,750 per parcel.

12.3       The sender is the only beneficiary of the Service Provider's insurance coverage, in accordance with Section 12. Claims cannot be attributed to third parties, pursuant to Section 12.

12.4      Insurance coverage which goes beyond the maximum liability, in accordance with Section 11, is not available for parcels which are covered by another insurance policy. This also applies to cases in which the coverage by another insurance policy is not sufficient to cover the damage or loss of the goods.

 

13. Opening, return, use and destruction of parcels 

According to the following preconditions, the Service Provider has the right to open, return, use or destroy parcels.

13.1      The Service Provider has the right to open parcels under the following circumstances:

13.1.1     To salvage the contents of a damaged parcel;

13.1.2    To identify the receiver or sender, if this cannot be established by other means;

13.1.3     To eliminate any risks which might be caused to persons or property by a parcel;

13.1.4     To check if:

• the goods require immediate use;
• the value of the goods does not justify the cost of storing them, unless there is indication otherwise;

13.1.5     To comply with a statutory regulation or a directive from the authorities.

13.2     If obstacles to delivery cannot be overcome, the Service Provider has the right to return a parcel to the sender on the following conditions:

13.2.1     For international shipments without customs clearance – if the sender does not respond within 7 calendar days to a request for further instructions;

13.2.2     For international shipments with customs clearance – after 14 calendar days, if authorisation is not possible due to lack of instructions and/or other reasons.

13.3     If obstacles to delivery cannot be overcome, the Service Provider has the right to use the goods on the following conditions:

13.3.1.    If the sender does not respond to a request from the Service Provider for further instructions:

• within 7 days for international shipments without customs clearance;
• within 14 days for international shipments with customs clearance;

13.3.2.     If the Service Provider is unable to obtain instructions because the sender or receiver cannot be identified. It is considered that the sender or receiver cannot be identified if this identification proves impossible within 30 days.

13.3.3     Without obtaining prior instructions from the sender if:

• the condition of the goods justifies such action;
• the value of the goods does not justify the cost of storing them;
• the goods represent a danger to persons or property;
• this is required by an official directive.

13.4     If the conditions stipulated in Section 13.3 are applicable, the Service Provider shall have the right to destroy the goods if it is not possible to use them and if their destruction does not conflict with any interests of the sender of which Chronopost should be aware. Goods are considered as impossible to use, if it is not possible to sell them.

14. Offsetting / right of retention

The sender cannot deduct any value in the payments to be made to the Service Provider, via claims submitted, or claim any right of retention. This shall not be applicable to claims for which a court judgement has been issued or which the Service Provider has acknowledged as justified.

15. Divergent agreements

Divergent agreements shall only be valid if made in writing. This provision implies that the written format cannot be waived verbally.

16. Place of conclusion, jurisdiction, unforeseen contingency, applicable legislation, partial invalidity

16.1      Any dispute arising from the contractual relations between the Customer and the Service Provider, under the present General Conditions of Carriage, shall be subject to the exclusive competence of the courts of the Service Provider's head office.

16.2      For everything not established in the present Conditions, the legal provision that is closest to the meaning and the intended purpose shall be applicable by analogy.

16.3     The applicable legislation shall be that of the country in which, in accordance with Section 16.1, the place of conclusion and jurisdiction is located. International shipments shall be subject to all the provisions of the CMR.

16.4       The invalidity of any provision established in the General Conditions of Carriage shall not prejudice the validity of the remaining provisions.