Pickups: 16 877

Terms and conditions

Terms and conditions of express parcel service of Slovak Parcel Service, s.r.o.

1. General Provisions

1.1       The express delivery freight service is express domestic freight shipping. It is rapidly collected, transported and delivered. The domestic shipping service is provided by the company Slovak Parcel Service s.r.o. (hereinafter “SPS” or the “Carrier”)

 

1.2       Express domestic shipping services include the following:

                        - Expres service

                        - Until 12:00 service

                        - Until 09:00 service

- Balíkomat (parcel automation) 24/7

- SPS Parcel Shop service

                        - Saturday delivery

                        - Dobierka (Cash on Delivery) supplementary service

                        - Return document supplementary service

                        - Phone advice supplementary service

                        - SMS notification supplementary service

                       

1.3       Freight is collected at SPS service centres or by authorised collaborators of SPS at a place agreed with the Sender.

 

1.4       The handing over, collection, shipping, and delivery of freight and shipping rates are provided by SPS pursuant to these Commercial Terms and Conditions.

 

1.5       Basic terms

Carrier shall mean the company, Slovak Parcel Service s.r.o., which performs the collection, shipping and delivery of Freight.

Recipient shall mean the person identified as the Recipient on the freight (hereinafter the “Recipient”).

Sender shall mean the person identified as the Sender on the Freight (hereinafter the “Sender”).

Parcel shall mean an item taken over by the Carrier for shipment who is obliged to ship from a specific location (sending place) to another specific location (destination) (hereinafter the “Parcel”).

Freight (hereinafter the “Freight”) shall mean a letter Freight, Parcel or other Freight taken over by the Carrier for shipment, and which the Carrier is obliged to ship from a specific location (sending place) to another specific location (destination).A single Freight item may consist of several Parcels handed over for shipment on the same day, at the same time, from the same Sender for the same Recipient (hereinafter the “Freight”).

Cash on Delivery (hereinafter the “Cash on Delivery”) shall mean a Parcel or set of Parcels taken over by the Carrier for shipment for delivery. The Carrier shall, in the event of Cash on Delivery, be obliged to collect the relevant fee from the Recipient of Freight based on the Sender’s instruction. This financial amount shall become, following the delivery of Freight, a receivable of the Sender against the Carrier and the Carrier shall transfer it to the account specified by the Sender and he shall also be entitled to set it off against any receivable against the Sender.

SPS Parcel Shop shall mean premises of a SPS contractual partner where the Recipient may personally collect Freight or hand over Freight.

Contractual Partner of SPS shall mean an entity with a concluded valid Collaboration Agreement with SPS for the SPS Parcel Shop service, for personal handing over and personal collection of Freight.

Service Agreement shall mean a contract made between the Sender and the Carrier in writing based on the provisions of the Act No. 513/1991 Coll. The Commercial Code (hereinafter “Service Agreement”).

Balíkomat shall mean an automated self-service device consisting of deposit boxes for placing Parcels and their subsequent collection by end Recipients. The collection of Freight is implemented by entering a PIN code sent to the mobile number of an end recipient as an SMS and the subject’s mobile phone (hereinafter “Balíkomat”).

 

 

 

 

 

2. Shipping Times

2.1       Early distribution of Freight shall mean their delivery or advice of delivery to the Recipient’s address:

            -           for Expres service Freight – next business day after the day of collection

                        of the Freight, normally by 18:00,

            -           for Until 12:00 Freight – next business day after the day of collection

                        of the Freight, not later than 12:00,

            -           for Until 09:00 Freight – next business day after the day of collection

                        of the Freight, not later than 09:00,

            -           for Freight of Saturday delivery service – delivery or advice

                        of Freight collected on the preceding business day on Saturday.

 

2.2       Advice of delivery shall mean a failed attempt to deliver Freight and the leaving of a written notification to the Recipient on an attempt to deliver Freight.

 

2.3       A collaborator of SPS shall not be obliged to contact the Recipient of Freight by if the Sender does not use the Phone Advisory service.

 

2.4       The Carrier shall not be obliged to provide services not ordered by the Sender.

 

3. Shipping Terms and Conditions

3.1       Freight may be sent to any address in the Slovak Republic. The address shall be the data used to make the delivery. The address shall include the first name and surname, or complete title of the Recipient, address or residence (place of business) of the Recipient identified by the name of the municipality, street name if the municipality has street names and by the street or orientation number. Freight cannot be sent to P.O. boxes.

 

3.2       The maximum weight of a single Parcel (unit) may not exceed 70 kg and the maximum length of a single Parcel (unit) may not exceed 270 cm and the sum of the diameter and length may not exceed 330 cm. If the Parcel exceeds the above weight or dimension limits, the Carrier shall reserve the right to return the Freight to the Sender.

 

3.3       The Carrier shall be considered authorised to add a surcharge for the following:

a) Heavy parcel: each Parcel of Freight with a weight above 30 kg,

b) Subsequent handling: each Parcel of Freight with a length exceeding 200cm and/or which is unpacked, and/or which is unsecured or packed in a way not corresponding with its weight, size, form, nature, fragility and/or whose content is an ADR Item.

 

3.4       The Carrier shall be authorised to charge a fee stipulated in Clause 3.3 of these Commercial Terms and Conditions for each item a) to b) separately. Individual surcharges for subsequent handling are stipulated in the valid pricelist of SPS.

 

3.5       In the event that the Carrier accepts for shipment a Parcel requiring subsequent handling stipulated in Clause 3.3 of these Commercial Terms and Conditions, he hereby reserves the right to use third party services for such Parcels. In such an event, the Carrier does not guarantee compliance with the normal shipment time or compliance with other shipment standards pursuant to these Commercial Terms and Conditions.

 

3.6       Freight to Balíkomats – maximum weight of a single Parcel is 30 kg. Maximum dimension of storage boxes of Balíkomat is:

BOX A (small) – 8 x 38 x 64 cm

BOX B (medium) – 19 x 38 x 64 cm

BOX C (large) – 41 x 38 x 64 cm

A single delivery may for Balíkomats consist of a single Parcel.

 

3.7       Each Parcel must be packed and sealed in a way corresponding with the weight, form and nature, and also the method and time of shipment of the Parcel. It must also be possible for the Parcel to be handled by a single person to minimise the possibility of its damage by transportation on a roller line. The packaging and closure of the Parcel must protect against pressure, temperature changes or damage due to repeated handling and prevent the content from being accessed without leaving a visible damage trail. Individual parts of goods must be separately packed in protective material in each Parcel and used in such a way that they are sufficiently protected against impact (e.g. by using filling between individual parts of goods).Damping material must be positioned on the bottom and top of the packaging, thus increasing the protection of goods during shipment. Bundling several Parcels or items into a single Freight item is unacceptable. The Sender shall be liable for the correct and adequate packaging of the Parcel. The Sender shall be liable for damage which may occur due to use of faulty, damaged, unsuitable or insufficient packaging of the Parcel.

 

3.8       The marking “Fragile Goods” does not relieve the Sender from the liability to use the correct packaging. It draws attention to the need for careful handling of the Parcel, but it is also essential that such a marked Parcel is correctly packaged. SPS is, when handling the Parcels not obliged to follow the marking of orientation of Parcels (e.g. “Up” arrow or marking “This side down”).

 

3.9       Goods for repair or replacement or goods where the Sender or Recipient claim damages must be sent in the original packaging and all used shipment labels must be removed from the packaging by the Sender.

 

3.10     Fluids should be sent in plastic packaging rather than glass and absorption materials must be used around the packaging. If glass is used for packaging fluids, special cardboard packaging for fluid shipment sold by the Carrier must be used.

 

3.11     Parcels must be packed and sealed so that they do not jeopardize the health of SPS personnel and to exclude any danger if it contains items that can injure the SPS personnel, who are handling it, and to not pollute or damage other SPS Parcels or equipment.

 

3.12     The following may not be part of a shipment: unpacked Parcels and Parcels which are unsecured or packed in a way not corresponding with their weight, size, form, content, above all fragile content, or those for which data on the Sender or Recipient of the Parcel is missing, which are visibly damaged, Parcels containing money, cheques, valuables, jewellery (except for jewellery and watches with a retail price up to EUR 100 per Parcel which do not contain precious metals and stones), precious metals, credit cards, documents, securities, precious stones. pearls, art objects, collections, antiquities, cut flowers, glass and fragile items without solid packaging, animals, remains of people and animals, medical waste, fluid inks, adhesives and other fluid substances that could be damaged during shipment, or could damage other Parcels or equipment of the Carrier, radioactive material, explosive, flammable, self-igniting, oxidizing substances, poisonous, infectious, caustic and other harmful substances, and substances which could be subject to natural impairment (destruction) during a shipment, such as rapidly deteriorating food and other similar items of a biological nature (SPS shall not be liable for any such damage).The following may also not be shipped drugs, narcotics and psychotropic substances, pornography, palletised Freight, Parcels exceeding weight or dimension limitations stipulated in Clause 3.2 of these terms and conditions, bundled Parcels or items or substances where the shipment is prohibited or regulated pursuant to valid laws of the Slovak Republic (hereinafter the “ADR Items”*)

(* ADR Agreement - Provisions on Dangerous Substances and Items) may not be shipped. SPS reserves the right to reject a Freight shipment that is in its opinion for economic, safety or operating reasons unsuitable for shipment within the shipment network of Siskin. If the Sender handed over for shipment goods other than those declared, or goods that may not be shipped, SPS may refuse from shipment and return the goods to the Sender at the Sender’s expense. In such an event the Sender shall have no right to claim for damages to the Freight or delayed delivery.

In the event that the Sender hands over to the Carrier Freight defined in Clause 3.12 of these “Terms and Conditions” without his knowledge and approval, a contract shall not be concluded and the Carrier shall not bear any liability for any damage in connection with the acceptance of Freight and subsequent handling of the Freight. In such a case, the Sender shall be obliged to reimburse the Carrier for all incurred expenses and overall occurred damage.

 

 

3.13     For Freight with the payment condition “Freight Collect” (FC), the shipping rate shall be paid by the Recipient of the Freight. If the Recipient of Freight rejects the payment of the shipping rate, the Sender shall be obliged to pay the shipping rate pursuant to the valid price list.

 

3.14     Senders who have concluded a valid Service Agreement with the company, or prepare the freight via a customer application may request a “Dobierka” (Cash on Delivery) supplementary service for Freight. Cash on Delivery amounts shall be transferred to the Sender’s account in the currency valid in the Slovak Republic. The maximum amount for cash on delivery shall be EUR 5,000.00.

 

3.15     The maximum value of shipped Freight without “supplementary insurance” may not exceed EUR 2,500.00. The maximum value of shipped Freight with ordinary supplementary insurance may not exceed EUR 33,000.00.

 

4. Handing over of Freight

4.1       Freight may be handed over on the basis of a concluded valid Service Agreement or without it.

 

4.2       The Sender shall be obliged to append to the Service Agreement a copy of registration proof (excerpt from the Trade Registry, excerpt from business registry or excerpt from other registry stipulated by the law, e.g. registry of associations, etc.) copy of proof of assigned tax identification no. or VAT tax identification no. and notify SPS about its banking details. The Sender shall, in the event of changes, to the above documents inform SPS about them without unnecessary delay.

 

4.3       Freight may be handed over:

            -           by collection of Freight at the Sender’s office by a collaborator of SPS

            -           at service centres of SPS, whose list is stipulated

                        in the valid price list.

 

4.4       Freight is collected at the Sender’s premises based on a preceding written, e-mail, or phone or personal agreement. Every service centre of SPS has times for Freight collection which are stated on the website: www.sps-sro.sk.

 

4.5       The Sender must, at the handing over of Freight, append an accurately completed parcel label and a Take-over Letter issued by SPS to each Parcel. The Signing of the Taking-over Letter by the Sender and SPS results in the conclusion of a contractual relation on shipping. The Sender receives as proof of the handing over of Freight for shipping the original Handing-over Letter. SPS, upon the collection of Freight is authorised to verify the identity of the Sender, i.e. primarily based on the provisions of Act No. 297/2008 Coll. of Laws on the protection against laundering of the proceeds of crime and funding of terrorism and on amendments of some acts. If the Sender refuses to verify their identity, SPS shall not be obliged to take over the Freight from the Sender.

 

4.6       The Sender shall be, upon the handing over of Freight designated for delivery in Balíkomat 24/7, obliged to define the size of the storage box (A – small, B – medium, C – large) and specific Balíkomat. The handing over of Parcels in Balíkomats is subject to the use of the customer application of the Carrier.

 

4.7       A sender who concludes a valid Service Agreement with SPS will receive a numerical series of parcel labels and Taking-over Letters in advance from SPS or the customer application of the Carrier. In such a case, the Sender shall be fully liable for loss or abuse by another person.

 

4.7       A sender who does not conclude a valid Service Agreement with SPS will receive a parcel label and Taking-over Letters from the collaborator of the company SPS at the handing over of the Parcel.

 

4.8       The Sender shall, on the parcel label and Taking-over Letter, fill in data pursuant to the printed form and confirm with his signature on the Taking-over Letter that the data stated by him is true and correct. The Sender shall be liable for damages caused to SPS by a violation of this obligation. The Sender shall also be obliged to remove old, used or invalid labels from Parcels; otherwise SPS shall not be liable for the delivery of Freight by the agreed time. Stating incorrect or incomplete data on the parcel label and Taking-over Letter shall relieves SPS of the obligation to deliver the Freight in time pursuant to Clause 2 of these Commercial Terms and Conditions. If the performance of shipping requires special documents, the Sender shall be obliged to hand them over to SPS not later than at the handing over of Freight for shipment. The Sender shall if required enable SPS to inspect the contents of Freight.

 

4.9       SPS shall be obliged to label each Parcel with a self-adhesive parcel label. On the self-adhesive parcel label shall be stated: identification data of SPS (trade name and registered address, contact phone, contact website), date of collection of the Parcel, posting number of the Parcel, parcel weight and identification of the Parcel sender and recipient.

 

4.10     If the Sender provides with data on Freight in electronic form, they shall be liable for the accuracy of data provided electronically; and in the event of differences between data sent in electronic form and data stated in written form in documents forming the accompanying documentation of the Freight, the data sent electronically shall prevail and bind.

 

4.11     Data on the weight of Parcels established by the collaborators of SPS at the collection of Parcels at the Sender’s premises is only of informative nature. SPS reweighs Parcels with designated scales at Siskin centres and in the event of a difference between the weight of a Parcel stated on the parcel label and the Taking-over Letter and the weight measured by SPS on a specified scales SPS shall be authorised to correct the difference and to charge rates pursuant to the corrected weight measured by SPS.

 

4.12     The designated scales shall mean a weighing device subject to regular control by the metrological institute or an entity authorised by it.

 

4.13     SPS hereby reserves the right to, but it is not obliged to, open or check or view using an X-ray device anytime any Parcel handed over to it for shipment.

 

4.14     The Sender shall be, upon handing over the Freight for shipment, obliged to notify the Carrier of the value of the Freight. If this is in excess of EUR 2,500.00, the Sender shall be obliged to request “supplementary insurance” pursuant to the value of the Freight. If the Sender does not take out supplementary insurance pursuant to Art. 10, the Carrier shall be entitled to request the payment of a contractual penalty pursuant to Art. 9 of these Commercial Terms and Conditions and to perform a set-off a claim for a contractual penalty against the claim of the Sender for compensation of damages.

 

5. Delivery of Freight

5.1       The delivery of Freight is undertaken by collaborators of SPS until the first lockable door of the building at the address of the Recipient of the Freight, or until the entry barrier of the area, if entry is not facilitated for collaborators of SPS. A collaborator of SPS shall not be obliged to, but may deliver the Freight following agreement with the Recipient of the Freight to a floor, lift or apartment. “Delivery” shall mean the delivery of the Freight to the address of the Recipient of the Freight or following a phone conversation not later than 1 day in advance with the Recipient to a different location, or if the change in address of the Recipient was notified by the Sender 1 day in advance by e-mail. “Address“ shall mean data for delivery. The address shall include the first name and surname, or complete title of the Recipient, address or residence (place of business) of the Recipient which is identified by the name of the municipality, street name if the municipality has street names and by the description or orientation number. The Recipient of the Freight shall be, upon the delivery of Freight, obliged to provide the collaborator of SPS with reasonable cooperation, particularly for heavy freight. The delivery of Freight to the address Recipient of the Freight stated by the Sender on the delivery sheet is normally the next business day after its sending. The standard delivery time is the time when SPS will deliver the Freight to the Recipient unless special or unexpected circumstances occur during the delivery. SPS shall not be liable for the delayed delivery of Freight caused by a violation of these Commercial Terms and Conditions by the Sender or Recipient or due to uncontrollable facts pursuant to the Civil and Commercial Code.

 

5.2       The delivery of a Parcel in the Balíkomat shall mean placement in the selected Balíkomat, i.e. not later than on the next business day following the collection of the Freight.

 

5.3       The delivery of the Freight may be suspended if the collaborator of SPS is obliged to wait for the Recipient if he is not present at the address/place of the delivery or if the Recipient cannot be reached in three attempts or refuses the take-over of the Freight. SPS will in such a case inform the Sender about the given fact and, unless otherwise agreed, the Freight will be returned to the Sender without unnecessary delay. The Sender or Employer of a shipment shall be obliged to pay the rate for the shipment of the Freight to the Recipient (including all surcharges) and the rate for the reverse shipment. If the Freight cannot be returned to the Sender, SPS will deposit it for the deposit period. The deposit period shall begin on the day following the day on which it was established that Freight cannot be returned to the Sender. The deposit period is one year. For the deposit of Freight and opening of the Freight shall commensurately apply the provisions of Act No. 324/2011 Coll. on postal services and amendments of some acts.

 

5.4       The Carrier shall not be obliged to perform the delivery of Freight to locations with untreated road surface or to locations without trouble-free access for motor vehicles.

 

5.5       The Recipient shall confirm the receipt of the Freight with his signature on the delivery sheet of SPS or the Recipient shall confirm the receipt of the Freight using an electronic pen on a mobile device. Signature with electronic pen shall be considered as a full substitute of signature of the paper form of the delivery sheet of SPS. The stamp of the Recipient shall not replace the signature of the Recipient. SPS shall, upon the delivery of Freight be authorised to identify the Recipient and record their identity card number or other proof of identity. If the Freight is not to be taken over by the Recipient stated on the parcel label, on the delivery sheet must also be stated the relation to the Recipient, the person shall identify themselves by an identity card or other proof of identity and for legal entities also by the company stamp.

 

5.6       SPS shall hand over the Freight without evident damage to the packaging to the Recipient following the signing of the delivery sheet. For Cash on Delivery, Freight shall be handed over following the signing of the delivery sheet and payment of the delivery amount. Only after this may the Recipient open the Freight and check it (but they shall be not authorised to require the presence and assistance of a collaborator of SPS ).

 

5.7       The Carrier shall have the right of distrait to the Freight to secure his claim resulting from the contractual relation with the Sender or Recipient, i.e. until the payment or settlement of all his claims and other receivables of the Freight, i.e. interest and fees pursuant to the tariff. If the Freight content is, during the seizure or deposit period impaired if such is required for health protection, the Carrier may destroy the Freight; the Shipper shall elaborate a record on destruction which shall be delivered to the Sender if known. The Carrier may destroy the Freight after the end of the deposit period, if its content is worthless or the subject of postal secret. An assessment as to whether the Freight content is valuable, worthless or unsuitable shall be a matter for the Carrier. The Carrier shall be, after the end of the deposit period, agreed in Clause 5.3 of this Article of the Commercial Terms and Conditions authorised to arrange the sale of the Freight or part thereof in a suitable way, unless the Sender from the end of period agreed in Clause 5.3 of this Article of the Commercial Terms and Conditions did not issue an instruction for subsequent procedure to the Carrier and:

            -           The Freight may not be delivered and may not be returned or it does not have

                        to be returned pursuant to the contract, or

-           There is reasonable concern that the Freight content will be impaired before delivery.

The Carrier will pay to the Sender the proceeds of a sale after deduction of the costs of deposit, the cost of sale and the unpaid part of shipment services (net proceeds).The price for such services shall be governed by the valid pricelist. The Carrier shall thus be authorized to proceed pursuant to § 151 (s) to 151 (v) of Act No. 40/1964 Coll. The Civil Code, or set-off mutually payable receivables (including cash on delivery) pursuant to the provisions of § 358 et seq. of the Commercial Code, § 558 of the Civil Code and §323 of the Commercial Code.

 

5.8       In the event of delivery of Parcels in a Balíkomat a collaborator of SPS shall be obliged to place the Parcel in the designated Balíkomat not later than the next business day after collection of the Parcel. If it is not possible to place the Parcel in the designated Balíkomat due to a technical fault or utilisation of the Balíkomat under consideration, the collaborator of SPS shall be obliged to offer the Recipient an available alternative of another Balíkomat or deliver the Parcel to the address of the Recipient. Following the insertion of a Parcel in a Balíkomat, an SMS on the deposit of the Parcel in the given Balíkomat shall be sent with a 6-digit PIN access code to the Recipient. The Parcel shall be deposited in the Balíkomat for a period of 72 hours from its insertion. The Recipient shall be informed 24 hours before the end of the 72 hour deposit period by a SMS about such a fact and requested to collect up during the next 24 hours. If the Parcel is not collected from the Balíkomat after the end of the deposit period of 72 hours the Parcel shall be considered returned to the nearest service centre of SPS, where it will be stored for a maximum of 5 business days. The Parcel may be collected in person, unless otherwise agreed. A list of service centres of SPS is published on the address www.sps-sro.sk.After the end of the deposit period of 5 business days at a service centre of SPS the Parcel shall automatically be returned to the Sender at the Sender’s expense. When collecting the Parcel, The Recipient shall be governed by instructions on Balíkomat screen. For proper collection of the Parcel the collection person must have both the opening code in the sent SMS on deposit of the Parcel and the phone number to which the SMS on deposit of Parcel was sent. The confirmation of take-over of Parcel shall be printed upon the take-over of the Parcel from the Balíkomat for the Recipient/collecting person.

 

5.9       For the take-over of a Parcel with Cash on Delivery service from Balíkomat, the taking over person before opening the deposit box shall be requested to pay the delivery amount using a payment terminal under the Balíkomat screen, i.e. using a payment card designated on the Balíkomat. When paying, the collecting person shall be governed by the instructions on the Balíkomat screen.

 

6.Liquidation of Freight

6.1       After the end of the deposit period agreed in Article 5 Clause 5.3 of these Commercial Terms, the Carrier shall procure the liquidation of the Freight or part thereof, if:

            a)         the content of Freight is fully or partially impaired,

            b)         if the Freight which cannot be delivered is not to be sold and it also

cannot be returned, or it does not have to be returned pursuant to the Service Agreement,

c)         the Carrier will notify the Sender of a claim for damages with regard to shipped Freight.

 

6.2       The Freight or part thereof may also be liquidated before the end of the agreed period if this is required to ensure health protection.

 

6.3.      The Sender shall be obliged to compensate the Carrier for any injury suffered by the Carrier in connection with the liquidation of the Freight pursuant to this Article and costs related to satisfaction of third party claims against the Carrier in connection with the Freight.

 

7.Tariff

7.1       Rates for services provided by SPS are stipulated in the valid pricelist. A claim for remuneration will arise for Carrier upon the handing over of the Freight to the Carrier and its amount is specified by the pricelist of the Carrier and the overall weight of the Freight including the packaging, or by the amount of the Cash on Delivery.

 

7.2       The shipment rates for Freight shall paid in cash, as a rule by the Sender, unless it has been agreed with the Sender that the transportation rate will be paid by the Recipient. Payment by bank transfer (payment based on an invoice) shall only be possible based on the concluded Service Agreement.

 

7.3       For a supplementary Cash on Delivery service, the payment of the delivery amount (value of the Freight) may be made in cash by the Recipient of the Freight or by payment card accepted by the Carrier, i.e. if the Sender ordered the service as part of a shipment order.

 

7.4       For Freight with the payment condition “Freight Collect” (FC) the shipping rate shall be paid by the Recipient of the Freight. If the Recipient of Freight rejects the payment of the shipping rate, the Sender shall be obliged to pay the shipping rate pursuant to the valid pricelist.

 

7.5       SPS shall be authorized to charge a fuel surcharge to the shipment rate. SPS shall be authorized to unilaterally change the amount of the fuel surcharge pursuant to the average fuel price in the Slovak Republic published by the Statistical Office of the Slovak Republic.

 

7.6       SPS shall be authorized to charge a toll surcharge to the shipment rate. SPS shall be authorized to unilaterally change the amount of the toll surcharge in the event of a change of generally binding legal obligations governing the road tolls.

 

 

 

8.Rules for Claims and Compensation of Damages

8.1       The Sender or Recipient of Freight shall file a claim to SPS in writing. The Recipient shall be obliged to correctly inspect the Freight upon its take-over. In the event of obvious damage of the surface of the Parcel’s packaging or obvious internal damage or a loss of part of the content the Recipient must report such damage or loss to the Carrier. A protocol on damage must be immediately elaborated on the scope of the damage or partial loss of content of the Freight. The Carrier shall be obliged to elaborate such a protocol.

 

8.2       The Sender or Recipient shall file a report on delayed delivery of the Freight, damage or reduction from Freight to SPS in writing, not later than on the next business day following the delivery of the Freight. The claim may not be applied in the event of later reporting of the fault stated in the preceding sentence.

 

8.3       The Sender or Recipient shall file a report on partial or total loss of Freight with SPS in writing, not later than 2 business days following the planned (guaranteed) delivery time of the Freight. A claim may not be applied in the event of a later reporting of fault stated in the preceding sentence.

 

8.4       In the event of damage or destruction to Freight, the Recipient shall be obliged to retain the original packaging of the Freight for inspection by SPS and to photo-document the damage.

 

8.5       Following the reporting of damage, destruction or loss of Freight, or a missing part of the Freight, the Freight shall be collected by the authorized collaborator of SPS based on an order from the claim department and the authorized collaborator of SPS shall elaborate a protocol on damage and photo-document the damage. The elaboration of a protocol on damage shall not be not considered to be a claim. The reporting of damage (destruction, loss, or reduction from goods) and the protocol on damage shall not replace a written claim. The Sender or Recipient of Freight shall apply a written claim not later than 10 business days from the date of the reporting of the damage of Freight, or a loss or reduction of the Freight. The right of the Sender or Recipient of Freight to apply a claim shall expire at the end of this period.

            A written claim must include the following:

            -           freight number

            -           description of the fault or damage of the Freight

            -           identification of the content of Freight

            -           amount of applied claim for compensation of damages

            -           photographic documentation

            -           date the Freight was handed over for shipment

            The following must also be appended to a written claim:

            -           proof of content of Freight (delivery note, original procurement invoice excluding

                        VAT, order, etc.)

            -           proof demonstrating the value of the Freight in a relevant way (procurement

                        invoice or, cash register receipt; if the person is applying a claim

                        for damage to a VAT payer, SPS will pay the compensation

                        for damages up to a maximum of the procurement price of goods excluding VAT)

            -           in the event of damage to the Freight document proving the amount of caused

                        damage (invoice for repair, expert opinion for establishment the scope of damage)

 

8.6       The time limit for the settlement of claim of loss, partial loss, destruction, damage or reduction of Freight is 30 days from its application. This time limit shall be extended by the time during which SPS did not have from the authorized person all the required documents for the settlement of a claim. If the documents are required from law enforcement agencies, an insurance company or other body, authority or institution for the settlement of claim, the time limit for the settlement of claim shall start following the delivery of such documents to the Carrier. In the event of a delayed delivery of Freight the period for the acquisition of the required information shall be 2 business days. In the event of a delayed delivery of Freight caused by SPS the customer shall be granted compensation of damages in the amount of the paid shipment rate. The provision of such compensation shall in-full settle damages (economic loss) resulting from non-compliance with the time for delivery of the Freight. The Sender and Recipient of Freight shall not have in addition to such granted compensation any claim for compensation of any other consequential and indirect damage, loss of profit, sanctions for the delay, contractual penalty, fine or any other third party claims. The Sender shall upon damage or loss of Freight be entitled to compensation for damage in the amount of the damage to the Freight, up to a maximum of the declared value of the Freight stated on the Taking-over Letter. The damage shall be an amount by which the property of the Sender was reduced due to a damage event to the shipped Freight. If the person applying a claim for damages is a VAT payer, they shall apply the claim for compensation of damages against SPS excluding VAT. The Sender or Recipient shall in a claim by application for damage to goods be obliged to document the value of the freight by a relevant document (procurement invoice or, cash register receipt; if the person applying the claim for damages is a VAT payer, SPS shall only compensate the procurement price of goods excluding VAT).The Sender and Recipient of Freight shall not have any claim for compensation of loss of profit and of any other consequential and indirect damage. The right to compensation of damage for which SPS is liable, must be applied by the Sender within six months from the day following the day of collection of the Freight, otherwise this right shall expire. The Sender shall not be authorized to set-off a claim for compensation of damages on shipped Freight against the Carrier for payment of the price of shipment services, to which both parties expressly agreed. The Sender shall not be authorized to assign a right to compensation for damages to a third party without the prior written consent of the Carrier.

 

8.7       In the event of damage or destruction of Freight containing documents, the Carrier shall only pay the Sender compensation for damage in the amount of paid shipment costs.

 

8.8       The Sender shall in the event of damage, loss or reduction of weight of Freight entitled to compensation of damage in the amount of the damage to the Freight taking into consideration the provisions of Art. 9 of these Commercial Terms and Conditions.

 

8.9       The claim department of SPS shall decide on the substantiation and payment of compensation for damages. Compensation for damages of a substantiated claim shall be transferred without delay following the establishment of an obligation to compensate and of the amount for compensation of damages. SPS shall only pay compensation of damages in money, i.e. in the currency valid in the Slovak Republic.

 

8.10     Compensation for damages may also be paid to the Recipient of Freight on the basis of a written authorisation from the Sender of Freight.

 

8.11     SPS shall be liable for damage to the Freight or loss of the Freight commensurately pursuant to provision of § 622 of the Commercial Code and § 38 and § 39 of Act No. 324/2011 Coll. on postal services and on amendments of some acts.

 

8.12     In the event of damage to transported used or worn items its value shall be determined from the age and level of its wear and tear (time value).The term “time value” shall mean the amount which at the place and time of sending which would have to be spent to re-acquire a new item of the same type and quality, reduced by the corresponding level of wear or other deterioration of the item. The amount of compensation for damages will be calculated as the time value of the item considering the wear and tear, age and depreciation of the item pursuant to conditions of the insurance company of SPS.

 

8.13     Disputes between the contractual parties shall be resolved by the competent courts of the Slovak Republic. Pursuant to § 399 of the Commercial Code rights resulting from damage to shipped items (Freight) and from delayed delivery of Freight against the Carrier shall lapse after one year. The liability of the Carrier for damages to the Freight shall be governed by the Commercial Code and these Commercial Terms and Conditions.

 

8.14     If a Sender who is a consumer is not satisfied with the way in which the Carrier settled his claim or believes that the Carrier violated his rights, he may contact the Carrier to apply for remedy (e-mail to reklamacie@sps-sro.sk). If the Carrier rejects an application for remedy or does not respond to such within 30 days of the date of its sending, the Sender who is a consumer, shall have the right pursuant to § 12 of Act No. 391/2015 Coll. on an alternative solution of consumer disputes and on amendments of some acts, the right to file a motion for the opening of an alternative solution of his dispute. The competent entity for an alternative resolution of consumer disputes from agreements on provision of postal services is the Office for Regulation of Electronic Communication and Postal Services (www.teleoff.gov.sk) or another competent authorized legal entity registered in the list of entities for the alternative resolution of disputes maintained by the Ministry of Justice of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternatívneho-riesenia-spotrebitelskych-sporov/146987s), and the Sender who is a consumer shall have the right to choose which of the stated entities for alternative resolution of consumer disputes he will use. A Sender who is a consumer may for the filing of a motion for an alternative resolution of their dispute also use the platform for on-line solution of disputes at: http://ec.europa.eu/consumers/odr/.Information on fees for a motion is available on the websites of entity for alternative resolution of disputes.

 

8.15     In the event that the Parcel deposited in a Balíkomat shows obvious signs of damage, the recipient may make a claim regarding such a Parcel via an automated claim pursuant to instructions on the screen of Balíkomat, i.e. not later than at the take-over of the Parcel.

 

9.Agreement on Contractual Penalty

9.1       In the event that upon the applying of a claim for compensation for damages it comes to light that the Sender handed over for shipment Freight with a value higher than EUR 2,500.00 and did not notify such a fact to the Carrier in timely manner or notified the Carrier of a lower price than the actual price of the Freight and thus prevented the Carrier from duly taking out “supplementary insurance” of the Freight for its actual value, the Sender shall be obliged to pay the Carrier a contractual penalty calculated in the following way:

                        ZP = SH – PH/SH x PH

                        ZP = Contractual Penalty

                        SH = actual value of the Freight

                        PH = insured value (value to which the Freight is insured)

The Carrier shall be authorized to apply against the Sender a right for contractual damage in the amount of the difference of the actual value of the Freight and the value stated by the Sender on the shipment letter. Other claims of the Carrier, particularly a claim for compensation of damages shall not be affected by this.

 

9.2.      The Carrier shall be authorized to set-off a claim for a contractual penalty against a claim of the Sender for compensation of damages which occurred to shipped Freight.

 

10.Insurance of Freight

The insurance of Freight is applicable to damage caused due to loss, destruction, damage or reduction of Freight. The insurance of Freight with a value stated by the Sender on the Taking-over Letter (declared value) up to EUR 2,500.00 shall be included in the shipment rate. The Sender shall be obliged to state on the Shipment Letter the value of the shipped goods. For Freight with a declared value higher than EUR 2,500.00 SPS shall add to the shipment rate a surcharge for “supplementary insurance” in the amount of EUR 0.33 for each EUR 33.00 of declared value of the Freight or part thereof. By the payment of a surcharge for “supplementary insurance” to the shipment rate, SPS shall assume a liability to provide the Sender with compensation for damage in the amount of the value of the Freight declared by the Sender in the Shipment Letter. Freight containing documents cannot be insured.

 

11.SPS Parcel Shop

The handing over of Parcels in SPS Parcel Shop shall be subject to the use of the customer application of the Carrier. The Carrier shall as part of the SPS Parcel Shop service provide the following services:

            a)         Sending of an automatically generated SMS message to the Recipient on the day

                        of delivery of the Freight to the SPS Parcel Shop.

b)         Reminder of the deposit of the Freight at a SPS Parcel Shop on the last day of the deposit.

c)         Deposit of the Freight at a SPS Parcel Shop for a period of 7 calendar days, the time limit shall start on the  day of delivery of the Freight to the SPS Parcel Shop.

 

The Sender may order at the SPS Parcel Shop a supplementary Cash on Delivery service which will be separately charged for pursuant to the pricelist. The Carrier shall be obliged to send a notification to the Recipient by SMS message only in the event that the Sender provides to him the required information i.e. the phone number of the Recipient, to which the notification is to be sent, i.e. in a data file specified by the Carrier. If the Sender does not provide the Carrier the required and correct information not later than on the day of the sending of the Freight, the Carrier shall not be obliged to provide the service for which such information is required. This shall not affect a claim of the Carrier for payment for a SPS Parcel Shop service pursuant to the pricelist. The prices of the SPS Parcel Shop are stated in the relevant pricelist. The maximum weight of Freight that may be sent to a SPS Parcel Shop is 20kg.Freight may also be sent from a  SPS Parcel Shop, i.e. to another SPS Parcel Shop, or to any address in the Slovak Republic using the pricelist valid for the SPS Parcel Shop. The service of sending Freight from a SPS Parcel Shop may only be used at selected SPS Parcel Shops stated by the Carrier.

If for a SPS Parcel Shop service between the Carrier and the Sender individually agreed price conditions were not agreed, the price conditions for delivery of freight stipulated in the Service Agreement shall apply.

 

12.Payment with Card

The Carrier shall accept payments for cash on delivery from the Recipient of the Freight with the following payment cards: Maestro, MasterCard, MasterCard Electronic, VISA, VISA Electron and V-Pay. If a payment for Freight with cash on delivery (amount of cash on delivery) was paid to the Carrier with a payment card, the Carrier shall (i) transfer this amount to the account specified by the Sender, or (ii) he shall be entitled to set it off against any receivable against the Sender. The commission for Bank services pursuant to the agreement on acceptance of payment cards concluded between the Carrier and the Bank shall be accounted for by the Carrier to the Sender by invoice issued pursuant to the valid Agreement. In the event that the Bank blocks the transaction made with a payment card, the time required for the transfer of the amount to the Sender account shall be prolonged by the time of the blockage of funds. The Sender hereby agrees that the Carrier shall have the right to verify the validity and authenticity of the submitted payment card via a control of identity of the credit cardholder. In the event that the bank performs a correction to the accounting for payments and financial differences, the Carrier shall be entitled to a payment of such an amount from the Sender, i.e. above all if:

            -           the transaction was made with a fake or altered payment card,

            -           the transaction was fraudulent.

No obligations or liability for the Carrier shall arise from disputes between the Sender of the payment cardholder regarding the quality of goods or services paid for by payment card. If the Bank performs correction accounting or a reverse payment due to a claim, the Sender shall be obliged to pay such an amount to the Carrier.

Payment with Payment Card - the service is available for all Freight for the supplementary Cash on Delivery service processed in a customer application, delivered in the Slovak Republic. If the Sender selects a Payment with a Payment Card service for which the payment of required amount of cash on delivery by the Recipient is also possible with a payment card, the Sender shall in addition to the price for procurement of the Cash on Delivery service also be charged a fee for the payment with payment card service, stated in the pricelist of the Carrier, i.e. even if the Recipient does not pay by payment card.

 

13.Information on Freight.

Information on Freight maybe requested by stating the posting number of the Freight by phone at the customer service of SPS (tel.: 16 877 or e-mail: ecs@sps-sro.sk).Information on the delivery of Freight is available on the next business day following the delivery of Freight. The route taken by the Freight from its collection until delivery can be monitored on the website: www.sps-sro.sk. This does not affect the obligation or limitation of SPS applicable to postal secrecy and personal data protection resulting from special legal regulation.

 

 

 

 

14.Personal Data Protection

14.1 For the purpose of these Commercial Terms and Conditions:

Personal Data – shall be data such as academic title, delivery address, invoicing address, telephone number, e-mail, number of ID card or other proof of identity, date of birth.

Affected Person – any natural person, Sender or Recipient of the Freight.

Purpose – of processing is stipulated in Clause 14.2 of these Commercial Terms and Conditions.

 

14.2     A Sender who concludes a Service Agreement with SPS shall provide SPS pursuant to Act No. 122/2013 Coll. on personal data protection and on amendments of some acts, the Personal Data of Affected Persons (Recipients of Freight) for the performance of the Service Agreement, i.e. so that SPS can process the Personal Data of Affected Persons for the purpose of:

-        verification of the identity of a specific Affected Person (Recipient of Freight) for the purpose of handing over of the Parcel ordered by the Affected Person (Recipient of Freight) from the Sender,

-        collection, shipment and delivery of Parcel (goods) to Affected Persons (Recipients of Freight),

-        keeping records, compiling statistics and analyses on performed deliveries (reporting),

-        settlement of claims, complaints and inquiries in connection with the delivery of SPS,

14.3     A Sender who concludes a Service Agreement with SPS shall be obliged to instruct Affected Persons which ordered goods from the Sender:

- of the rights of an Affected Person,

- of the fact that it will provide to SPS its Personal Data for the purpose stipulated in Clause 14.2 of these Commercial Terms and Conditions,

- of the fact that SPS may process the Personal Data of Affected Persons.

 

14.4 A Sender who concluded a Service Agreement with SPS shall be responsible for the accuracy, completeness and up-to-datedness of the Personal Data of Affected Persons which he shall provide to SPS pursuant to Clause 14.2 of these Commercial Terms and Conditions.

 

14.5     A Sender who concludes a Service Agreement with SPS shall be obliged to request consent from affected persons if Act No. 122/2013 Coll. on personal data protection and on amendments of some acts requires such consent.

 

14.6     SPS shall process Personal Data of Affected Persons via mediators or subcontractors, via which it provides and secures services stipulated in Clause 1.2 of these Commercial Terms and Conditions. The mediators or subcontractors shall process Personal Data of Affected Persons in a scope and under the terms and conditions agreed with SPS and pursuant to Act No. 122/2013 Coll. on personal data protection as amended. The list of mediators who process Personal Data of Affected Persons on behalf of SPS is available on the website: www.sps-sro.sk and will is regularly updated.

 

14.7 A Sender who is a consumer and uses the company services stipulated in Clause 1.2 of these Commercial Terms and Conditions hereby acknowledges and agrees to the processing of its Personal Data for the purpose and scope stipulated in these Commercial Terms and Conditions.

 

 

 

15.Closing Provisions

Contractual relations that are not regulated in these Commercial Terms and Conditions shall be governed by the relevant provisions of the Commercial Code (Contractual Parties hereby declare to exclude doubts that they agreed pursuant to § 262 of the Commercial Code the applicability of the Commercial Code) and of Act No. 324/2011 Coll. on postal services and by other legal regulations valid in the Slovak Republic.

 

 

These Commercial Terms and Conditions shall become effective as of 1 July 2017




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