GTC Classic / Express Service DPD (Nederland) B.V
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GTC Classic / Express Service DPD (Nederland) B.V. Version: 2021-01 GTC Classic / Express Service DPD (Nederland) B.V. Contents 1. Principles 3 2. Definitions and Interpretation 3 3. General 8 4. Parties 9 5. Parcels 9 6. Services of the Service Provider 16 7. Pricing and Payment 19 8. Liability for loss and damage and delay 21 9. Limitation and exclusion of Liability 23 10. Extended Cover 23 11. Claims 24 12. Customer’s indemnity 24 13. Extension of protection to employees and agents 25 14. Lien and other retention right and offsetting 25 15. Data Protection 26 16. Compliance with Applicable Regulation / Anti Bribery / Export Control 27 17. Non-Waiver 28 18. Severabilty 28 19. Intellectual Property 28 20. Dispute Resolution 29 Appendix 1. – Selected Countries 30 Appendix 2. – Service Conditions 31 © Copyright DPD (Nederland) B.V. 2021-01 Without prior and written permission from DPD (Nederland) B.V. it is forbidden page 2 of 32 to reproduce or publish this document in any way or form. GTC Classic / Express Service DPD (Nederland) B.V. The General Terms and Conditions of DPD (Nederland) B.V. for the “CLASSIC EUROPE and “CLASSIC SHOP” Services in Selected Countries (updated and in force as of the 1st of January 2021). These General Terms and Conditions have been deposited with the Chamber of Commerce in Eindhoven, The Netherlands under number 09118128. 1. Principles 1.1. Scope 1.1.1. These Conditions govern the contractual relationships between the Customer and the Service Provider with regards to Services, including “CLASSIC EUROPE”, and “CLASSIC SHOP” for the forwarding of Parcels from Selected Countries to Delivery Countries. 1.1.2. An agreement deviating from these Conditions can only be concluded with explicit permission in writing from a statutory director of the Service Provider. 1.1.3. Please take special note of the following conditions: a. an Agreement under these Conditions will only be entered into with a Customer as meant in these Conditions. These Conditions do not apply to rights and obligations or Agreement with consumers. b. the liability of the Service Provided is in some situation limited pursuant to article 8 and 9 of these Conditions. 1.1.4. The Service Provider may to unilaterally and without notice modify or supplement the Services and these Conditions. The rights and obligations of the Service Provider are only determined by the latest electronic version of these Conditions which can be downloaded from www.dpd.com/nl. 1.2. Language versions These Conditions have been drawn up in multiple languages, including English and the official language of the country from which a Customer will ship a Parcel (hereafter “Local Language”), as indicated on the Service Provider website at www.dpd.com. In the event of inconsistencies, the Local Language version (in this case the Dutch version) prevails. 2. Definitions and Interpretation 2.1. Definitions In these Conditions the following expressions shall have the meaning hereby respectively assigned to them: Agreement the forwarding agreement concluded between the Customer and the Service Provider to which these Conditions inextricably apply. Carrier the carrier that is engaged by DPD to deliver the Parcel to the Consignee. CLASSIC EUROPE the Service by which the Service Provider forwards Parcels to a Delivery Address. Local equivalents of this Service in Selected Countries are: 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, PT), or © Copyright DPD (Nederland) B.V. 2021-01 Without prior and written permission from DPD (Nederland) B.V. it is forbidden page 3 of 32 to reproduce or publish this document in any way or form. GTC Classic / Express Service DPD (Nederland) B.V. DPD Private (CZ). CLASSIC SHOP the Service by which the Service Provider forwards Parcels to a Pickup Parcel Shop. Local equivalents of this Service in Selected Countries are: Chrono Relais Europe (FR), 2SHOP (ES, LU, BE, NL), Pickup Pakipood (EE), DPD relais (FR), DPD Shop (CH). DPD Parcelshop Delivery (DE), Pickup Paku Bode (LV), Ship 2 Shop (UK) or Pickup siuntų taųkas (LT). This Service could be suspended at any time by the Service Provider with a prior notice of 5 calendar days for Parcels from the EU to the United Kingdom or from the United Kingdom to the EU. Client the client of the Customer involved in the Service, being an individual or undertaking. Commodity Code a product specific code which is used by customs authorities to classify goods. Conditions these general terms and conditions of the Service Provider for the “CLASSIC EUROPE and “CLASSIC SHOP” Services for the Selected Countries, including the agreements, laws and regulations and conventions referred to in these Conditions and including any (periodical) updates to these Conditions. Consignee" or the person to whom the Parcel is addressed and whose name is “Recipient mentioned as Consignee or Recipient. Customer" or “Sender any natural person acting within the scope of an economic activity (trade, business, craft, liberal profession) or any legal entity, who is the counterparty of the Service Provider to the Agreement. Consumers are expressly excluded from being a Customer. Customs debt ‘customs debt’ means the amount of import or export duties and all related import taxes calculated under the Customs and Tax legislation in force. DAP (Delivery at the Incoterm used for the shipment under which the Recipient is liable for Place) all duties and taxes that are to be recovered and charged to the Recipient prior to delivery. DAP can be used in combination with the billing terms Duties & Taxes Paid (DAP DP) or Duties & Taxes Not Paid (DAP NP). DAP Duties & Taxes Incoterm DAP can be combined with the billing term DP. This means the Paid (DP) Seller (exporter) is being invoiced for transportation costs and export clearance. The Seller (exporter) is being invoiced for customs duties and import VAT. The Seller must be aware to sell goods to the buyer including duties & taxes. Other BU Network Members may call DAP DP also eDAP. In the United Kingdom it is called DT1. DAP Duties & Taxes Incoterm DAP can be combined with billing term NP. This means the Not Paid (NP) Seller (exporter) is being invoiced for transportation costs and export clearance. The Recipient (importer) is being invoiced for customs duties and import VAT. For parcels up to a value of GBP 135.00 and in case the seller is a private person only DAP Duties & Taxes Not Paid (NP) is possible. © Copyright DPD (Nederland) B.V. 2021-01 Without prior and written permission from DPD (Nederland) B.V. it is forbidden page 4 of 32 to reproduce or publish this document in any way or form. GTC Classic / Express Service DPD (Nederland) B.V. Data Controller 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 the Regulation (EU) 2016/679 on the protection of natural persons with Regulation regard to the processing of personal data and on the free movement of such data. Delivery Address the address where a Parcel is to be delivered in accordance with instructions from the Customer or the Consignee. Delivery Countries the countries where a Parcel can be delivered. Different Address an alternative address indicated by the Consignee through the Inflight Option for the CLASSIC EUROPE Service where a Driver will attempt to deliver the Parcel to a duly authorized Recipient. The Service Provider arranges the delivery of the Parcel as specified in the Service Conditions of the Service Provider indicated on the website at www.dpd.com. Direct customs the representation in which the Service Provider shall act in the name of representation and on behalf of the Customer or the Recipient to carry out the customs formalities. DPD Network 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, which may be acting through agents and independent contractors. DPD Network Member any company part of the DPD Network as well as its respective employees and agents and independent contractors who forward the Parcel for delivery in the Delivery Country. Driver the Carrier’s employee. EEA the European Economic Area and its members states included at the time of sending the Parcel. ESCD an electronic signature capture device which is capable of receiving, storing and transmitting Customer information, including signatures. EU the European Union and its member states at the time of sending the Parcel. Excise Goods excise goods are: • beer; • wine and intermediates (for example sherry and port); • other alcoholic products (for example, spirits, also known as spirits); • tobacco products (for example, cigarettes, cigars, and smoking tobacco); • mineral oil (for example gasoline, diesel and LPG). Extended Cover as defined in article 10 of these Conditions. Final Client the client of the Client. Forwarding as defined in article 6.4 of these Conditions © Copyright DPD (Nederland) B.V. 2021-01 Without prior and written permission from DPD (Nederland) B.V. it is forbidden page 5 of 32 to reproduce or publish this document in any way or form. GTC Classic / Express Service DPD (Nederland) B.V. GDPR Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data.