DPD Classic Terms and Conditions
General Terms and Conditions of the Service Provider for the "CLASSIC EUROPE" and "CLASSIC SHOP" Services in Selected Countries (updated and in force as of 1 March 2023)
1.1 Scope of application
These Conditions govern the contractual relationships between the Customer and the Service Provider and apply to the Services designated as "CLASSIC EUROPE", and "CLASSIC SHOP" and involving the cross-border shipment from the territory of one of the Selected Countries to the territory of one or more of the Delivery Country. They shall come into effect on 1 March 2023.
No agent or employee of the Service Provider is permitted to alter or vary these Conditions in any way unless expressly authorized to do so by an executive director of the Service Provider.
Attention of the Customer is drawn:
- to the fact that a Contract governed by these Conditions shall only be concluded with a Customer as defined below. Consumers are expressly excluded from the benefit of these Conditions.
- to Sections 8 and 9 which limit the liability of the Service Provider, its employees and agents in certain circumstances.
The Service Provider reserves its right to unilaterally and without notice modify or supplement the Services and these Conditions. These conditions may be printed on the Transportation Document, but the Service Provider shall only be bound by the updated electronic version of these Conditions available on the website of the Service Provider, under the relevant provisions applicable to the "CLASSIC EUROPE" and "CLASSIC SHOP" Services, at www.dpd.com, the link to which the Customer is invited to refer before signing any Transportation Document for any Parcel.
1.2 Language versions
These Conditions have been drawn up in English and in the official language of the country from where the Customer has shipped the Parcel (hereafter "Local Language"), as indicated on the Service Provider website at www.dpd.com. In the event of inconsistencies, the Local Language version shall be deemed to be authoritative.
2. Definitions and Interpretation
In these Conditions the following expressions shall have the meaning hereby respectively assigned to them:
"CLASSIC EUROPE" shall mean the Service to a Delivery Address, also called by the Service Provider in the following Selected Countries into brackets: CLASSIC (ES) DPD CLASSIC (BE, HR, CZ, EE, DE, LT, LV, LU, NL, PL, SK, CH, UK), DPD Classic Europe (HU, FR), DPD Classic International (RO), DPD Classic - Europe by Road (IE), Chrono Classic (FR,), DPD BUSINESS/DPD HOME (PT) or DPD Private (CZ).
"CLASSIC SHOP" shall mean the Service to a Pickup Parcel Shop, also called by the Service Provider in the following Selected Countries into brackets: Chrono Relais Europe (FR), 2SHOP (ES, LU, BE, NL), Pickup Pakipood (EE), DPD relais (FR),DPD Shop (CH), Parcelshop Delivery (DE), Pickup Paku Bode (LV), Ship 2 Shop (UK) or Pickup siunt? ta?kas (LT). This Service could be suspended at any time by the Service Provider with a prior notice of 5 calendar days for the Parcels from EU to United Kingdom or from United Kingdom to EU.
"CMR" means the Convention on the Contract for the International Carriage of Goods by Road of May 1956 Geneva as amended by the Protocol of July 5th 1978 Geneva and the Protocol of 2008 Geneva.
"Commodity Code" means the product specific code used to classify the goods comprised in any Parcel for import and export duty.
"Conditions" shall mean these General Terms and Conditions of the Service Provider for the "CLASSIC EUROPE and "CLASSIC SHOP" Services for the Selected Countries which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by the Service Provider from time to time.
"Consignee" or "Recipient" means the person to whom the Parcel is addressed and whose name is mentioned as Consignee or Recipient on the Transportation Document. For the purpose of the above, this person is generally considered as Importer of record and reported as well in the customs clearance. However, in some circumstances, the importer of record is not the Consignee but a company involved in the distribution process of the Customer.
"Contract" means the forwarding agency contract extending as the case may be to other services between the Customer and the Service Provider into which these Conditions shall be deemed to be incorporated.
"Customs debt" means the amount of import or export duties and all related import taxes calculated under the Customs and Tax legislation in force.
"Cut off Time" means the maximum time of reception of a Parcel at the Service Provider's shipping depot - materialized by a Scan Record - taken into account to refine the Lead Time calculation. Where applicable, the Cut-Off Time is communicated to the Customer with an accurate Lead Time.""Customer" or "Sender" means any person natural or legal (including a firm or a company) acting within the scope of a professional or business activity, excluding any consumer, that enters into a Contract with the Service Provider irrespective of whatever scheme whereby the Parcel is sent by any person acting on behalf of the Customer.
"DAP (Delivery At Place)": means the Incoterm used for the shipment under which the Recipient is liable for all duties and taxes that are to be recovered and charged to the Recipient prior to delivery.
"Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the Data Controller or the specific criteria for its nomination may be provided for by Union or Member State law.
"Data Protection Regulation" means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
"Delivery Address" means the place of delivery indicated by the Customer or the Consignee.
"Delivery Conditions" means the conditions of delivery applicable to the Parcel as specified in Appendix 2 of these Conditions and as available and precisely described on the website of the Delivery Service Provider at www.dpd.com, which may differ from one Delivery Country to the others.
"Delivery Countries" means the countries in which the Parcel can be delivered as listed in Appendix 2.
"Delivery Service Provider" means the DPD Network Member in charge of the delivery in the Delivery Country.
"Different Address" means an alternative address indicated by the Consignee as Inflight Option for the CLASSIC EUROPE Service where a duly authorized Recipient can be found by the Delivery Service Provider and where the Delivery Service Provider can attempt to deliver the Parcel and as specified in the Delivery Conditions of the Delivery Service Provider indicated on the website at www.dpd.com.
"Direct customs representation" means the representation in which the Service Provider shall act in the name of and on behalf of the Customer or the Recipient to carry out the customs formalities.
"DPD Network Member" means a company part of the DPD Network as well as its respective employees and agents and independent contractors.
"DPD Network" means one of the following companies: DPDgroup International Services GmbH & Co. KG, franchisees and cooperation partners of DPDgroup International Services GmbH & Co. KG, GeoPost SA, their subsidiaries and branches, as the case may be acting through agents and independent contractors.
"eDAP (enhanced DAP)": means the DAP incoterm used for the shipment but under which all duties and taxes to be recovered are paid by the Recipient to the Customer at the time of order and thereafter charged to the Customer by the Service Provider. eDAP is also called by the Service Provider in the following Selected Countries into brackets: DT1 (UK) or DAP with Duties & taxes Paid (NL)."
Electronic interface means a website, portal, gateway, marketplace, application program interface (API), etc. For the purpose of these EU VAT Explanatory Notes published September 2020, when reference is made to an electronic interface, depending on the context, it can mean the electronic interface as defined above or a taxable person operating an electronic interface.
""ESCD" means an electronic signature capture device which is capable of receiving, storing and transmitting Customer information, including signatures.
"EEA" means the European Economic Area and its member states included at the time of sending the Parcel.
"EU" means the European Union and its member states included at the time of sending the Parcel.
"Inflight Option(s)" means the various options proposed at Predict by the Delivery Service Provider for delivery which can be elected for or modify by the Recipient before the first delivery attempt as specified in the Delivery Conditions on the website of the Delivery Service Provider at www.dpd.com.
"Intellectual Property Rights" means patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Legal Age" means the age at which a person by law attains the capacity to engage in certain transactions or be treated legally as an adult means, if required by the law in the Selected Country and/or in the Delivery Country.
"Lead Time" means the indicative non-binding transit time expressed in number of days, for the transportation of a Parcel by the Service Provider from original post code to destination post code, made available to Customer via online means for CLASSIC EUROPE.
"Neighbor" means a person who lives or works in a reasonable walking distance of the delivery address of the Recipient as specified in the Delivery Conditions and has been indicated to the Delivery Service Provider as a principal or an alternative Recipient by the Customer and/or the Recipient as specified on the website of the Delivery Service Provider at www.dpd.com.
"Parcel" means an item:
- for CLASSIC EUROPE which weighs no more than 31,5 Kgs, and with measurements of less than 175 cm long, and a girth (2 x height + 2 x width + length ) of not more than 300 cm,
- for CLASSIC SHOP which weighs no more than 20 Kgs, and with measurements of less than 100 cm long, and a girth (length + 2 x height + 2 x width) of not more than 250 cm,
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Pickup Parcel Shop" means a shop where the Parcels can be delivered:
- for the CLASSIC EUROPE Services :
chosen by the Delivery Service Provider as specified in the Delivery Conditions after an unsuccessful 1st delivery attempt, among the list of suggested shops available in the intended delivery area as listed on the website of the Delivery Service Provider at www.dpd.com,
Chosen by the Recipient as part of the Inflight Option among the list available in the relevant country of delivery on the website of the Delivery Service Provider at www.dpd.com,
- for CLASSIC SHOP Services chosen by the Customer, as the case may be upon instruction of the Recipient, among the list of suggested shops available in the intended delivery area available on the website of the Delivery Service Provider at www.dpd.com.
"Predict" means the sending of a mobile telephone text message or email or any other form of electronic notification by the Delivery Service Provider to the Recipient of the Parcel of the goods to advice of the estimated time of delivery of the goods as specified in the Delivery Conditions.
"Safe Place" means for the CLASSIC EUROPE Service a place of delivery that is safe as specified in the Delivery Conditions on the website of the Delivery Service Provider at www.dpd.com.
"Scan Record" means a laser electronic record of the steps in the Parcel delivery process which is proposed by the Service Provider.
"Service" means the arrangement of the transportation of the Customer's Parcels involving cross border shipment and governed by these Conditions, including the related services and options selected by the Customer as specified on the website of the Service Provider at www.dpd.com.
"Service Provider" means the DPD Network Member contracting with the Customer as indicated on the Transportation Document.
"Selected Countries" or "Sending Countries" means the countries from which the Parcel can be shipped as listed in Appendix 1.
"Transit" shall have the meaning as set forth in the section 6.4.
"Transportation Document" means the label, and/or any other document; affixed to the Parcel that proves the existence of a Contract between the Service Provider and the Customer for the relevant Service and the application of the Conditions.
"Volumetric Weight" means the space a parcel occupies in relation to its volume by applying the following formula: length (cm) x width (cm) x height (cm) / 4.000 (cm3/kg).
2.2 Rules of Interpretation
a) A person includes a natural person, corporate or, except where not permitted, unincorporated body (whether or not having separate legal personality);
b) A reference to a party includes its representatives, successors or permitted assigns;
c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
e) A reference to "writing" or "written" includes faxes and e-mails, unless expressly stated otherwise; and
f) Where any period provided by these conditions is computed, except in case of computation of calendar days, these will exclude Saturday, Sunday or Bank, Public or other statutory holiday in the Sending , Transit and Delivery Countries.
3.1 The Service Provider agrees, subject to the Customer's compliance at all times with these Conditions, to arrange the transportation of the Parcels entrusted to the Service Provider by the Customer and/or to provide other services as agreed between the Service Provider and the Customer.
3.2 The Service Provider as freightforwarder may refuse to arrange the transportation of the Customer's Parcels at its discretion. The Service Provider will accept goods for transportation only under these Conditions.
3.3 These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.4 The Customer shall be deemed to have notice of and have accepted these Conditions if and as soon as it places an order with, or accepts a tender from, the Service Provider for the transportation of goods under any of the Services. The Customer shall procure that the Recipient agrees with these Conditions and commits to obtain confirmation of this acceptance from the Recipient. Whereas the binding version of these Conditions can be found on the website of the Service Provider, a copy of these Conditions is always available at the registered seat and at every office of the Service Provider. A Pdf. copy or a hard copy of these Conditions is sent or given to any Customer registering with or concluding a written agreement with the Service Provider.
3.5 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Service Provider which is not set out in the Contract. For Parcels from or to any country outside the EU, the Customer shall, in relation to each of the goods comprised in each Parcel, provide the Service Provider with:
- a commercial invoice in the English language (including but not limited to EORI number, a clear and unambiguous description of the goods, value of the goods, currency, Incoterm used,...);
- a Commodity Code for each of the goods;
- written notification in advance of any Parcels and/or goods comprised within Parcels which are not standard or permanent exports (for example, temporary exports such as repairs that will be returned to the country of origin of the sending);
- any specific authorizations for direct representation of the Customer given to the Service Provider if required under any applicable law; and
- any information/document required by any relevant customs authorities, laws, regulations or the Service Provider. The Customer shall be responsible to check the relevant information required by the relevant customs authorities and all customs documents and the Transportation Document must be accurately completed by the Customer in compliance with all relevant customs laws, rules and regulations.
The Customer acknowledges that the Service Provider relies on the information provided by the Customer pursuant to this Clause 3.5, to calculate the Customs debt applicable to the shipment.
3.6 The Customer acknowledges and agrees that:
a) in relation to the goods, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into the Contract and to bind them to its terms;
b) the Customer will be responsible for the exhaustivity and the accuracy of all information and documentation supplied to the Service Provider;
c) if there is any missing or incorrect data, an incomplete or incorrect invoice, the Parcel is accepted under the sole responsibility of the Customer and this may result in the Parcel(s) being held (to obtain the information from the Customer) or returned; and
d) if any Commodity Code is missing, the Service Provider may (at its option);
(i) use the general Commodity Code based on the description of the goods given by the Customer; or
(ii) hold the goods pending receipt of the Commodity Code from the Customer or return the goods to the Customer.
4. Parties and Subcontracting
4.1 The Contract is concluded between the Service Provider and the Customer. The Customer enters into a Contract with the Service Provider for use of the Services provided by sending a Parcel. The procedure to follow can be found on the Service Provider's website at www.dpd.com or upon request to the Service Provider. Registration and account opening require the provision of certain information and data relating to the Customer to the Service Provider.
4.2 Where the Customer is not the owner of some or all of the goods in any particular Parcel, the Customer hereby warrants that it is for all purposes the lawful and duly authorized agent of the owner or owners thereof and that it hereby accepts these Conditions for itself and for and on behalf of any other person having any interest in the Parcel.
4.3 The Service Provider may use and engage the services of any other carrier for the purposes of fulfilling the Contract (including any of the carrier's own franchise