General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF THE COMPANY OVERSEAS TRADE Co. LTD. d.o.o.

Article 1

Name and seat of the provider of other postal services, description of the service provided and area of the service provision 

 

1.1 Overseas Trade Co. The company LTD. d.o.o. with its registered office in Hrvatski Leskovac, Zastavnice 38a, entered in the court register of the Commercial Court in Zagreb under the company registration number (MBS) 080470669 and the personal identification number (OIB) 19407280555 (hereinafter: “Service Provider”) provides other postal services and the service of delivery of palletized shipments. Other postal services are the services of receiving, directing, transmitting and delivering parcels. In relation to the services of receiving, directing, transmitting and delivering parcels, the Service Provider also provides certain additional services that have added value characteristics such as, for example, delivery of a shipment with cash on delivery (redemption), delivery of a shipment exclusively to a specific person, delivery with return of a certified document (delivery note), SMS and e-mail notification. The service of the delivery of palletized shipments is not considered a postal service.  

1.2 The service provider provides other postal services (services of receiving, directing, transmitting and delivering parcels) in domestic (throughout the Republic of Croatia) and international traffic. The website of the Service Provider (www.overseas.hr) lists the area on which the Service Provider provides other postal services in international traffic and the area on which the Service Provider provides the service of delivery of palletized shipments.  

1.3 These General Terms and Conditions (hereinafter: “General Conditions”) have been adopted in accordance with Article 44. of the Postal Services Act (hereinafter: “Act”).  

1.4 If a word or expression is given a special meaning in these General Terms and Conditions, the other grammatical forms of that word or expression have the corresponding meaning.  

1.5 In the event that the Service Provider and a legal or natural person in the capacity of a user of postal services (as a sender or recipient of a postal shipment) enter into an agreement for the provision of services in writing (hereinafter: “Agreement”) and if such an Agreement stipulates that these General Terms and Conditions form an integral part thereof, these General Terms and Conditions shall apply only to the extent that they do not conflict with any provision of such Agreement. The Agreement shall not be deemed to be an agreement that was created by ordering any of the services provided by the Service Provider via the internet, nor an accession agreement referred to in Article 31 of the Act.  

1.6 If the Service Provider and the legal or natural person who ordered the service do not enter into the Agreement, then only the provisions of these General Terms and Conditions shall apply to the relation between the Service Provider and the client.  

1.7 It shall be considered that the Quote/Agreement and the conditions thereof are accepted and binding for the Sender, when the

Sender pays part of the price or delivers the shipment to the Service Provider or orders any of the services from the Quote of the

Service Provider. By accepting the Quote/Agreement, the Sender expressly agrees that these General Terms and Conditions of the Service Provider published on the website www.overseas.hr also apply to the rights and obligations of the contractual relationship concerned in addition to the terms of the Quote.   

Article 2
Express service in domestic traffic   

2.1 The Express Service in domestic traffic is a service that involves sending one or more parcels to one and the same address, provided that the Service Provider delivers them within one working day from the moment of receipt of the parcel (for the purposes of these General Terms and Conditions, a working day shall be considered any day except Saturday, Sunday or a day designated by the law of the Republic of Croatia as a public holiday) except in cases where the parcel is to be delivered to a place where, due to the current schedule of the Service Provider, it is not possible to deliver within one working day from the date of receipt of the package. Furthermore, an exception to the delivery of the package within one working day from the date of receipt exists in the case of a Heavy Parcel, Bulky Parcel or parcel subject to volume calculation of mass to the place where, due to the current schedule of the Service Provider, it is not possible to make a delivery within one working day from the date of receipt, and in which case the deadline for delivery shall be five working days from the date of receipt. A valid schedule of the Service Provider is published on the website of the Service Provider (www.overseas.hr). The sender of the package is obliged to familiarize himself with the valid schedule published on the website of the Service Provider before ordering the Express service.  

2.2 When sending a parcel using the Express service, the sender can choose:

-              door-to-door delivery 

-              delivery from Overseas shop to Overseas shop 

-              delivery from the door to Overseas shop

-              delivery from the Overseas shop to the door - delivery to the automated parcel machine.  

The term “from door” means the receipt of the parcel by the Service Provider at the specified address of the sender.

The term “to door” means the delivery of the package to the specified address of the recipient.

The term Overseas shop (OEX shop) means any location (office, kiosk, premises, facility) that is at the time of sending the parcel on the list of Overseas shops on the website of the Service Provider or in the “Application” for sending parcels.   

The term automated parcel machine means a locker for receiving parcels, available at locations that are published on the website of the Service Provider at the time of sending the parcel or in the “Application” for sending parcels via automated parcel machines. The automated parcel machine is a service that is available to users 24/7, and the deadline for taking over the parcel is five working days.  

2.2.1 Parcel dimensions   

Regardless of the destination and starting point and the nature of the user, the weight of each individual parcel can be a maximum of 31.50 kilograms.  

When sending a parcel:  

-              from door to door, the maximum dimension of the longest side of the parcel shall be 100 cm. The sum of the longest side and the circumference* must not exceed 2 m (*circumference = 2 height × 2 width). Maximum length of the longest side = 100 cm.

If the parcel weighs more than 31.50 kilograms, it shall be considered too heavy a parcel (hereinafter: “Heavy Parcel”) and shall be marked as such, and there shall be an obligation to pay an extra fee for the Heavy Parcel in accordance with the price list of the Service Provider. For a parcel whose maximum combined dimension [maximum combined dimension = maximum volume (maximum volume = 2 × height + 2 × width) + length of the longest side] exceeds 340 cm, the so-called volumetric calculation mass shall apply by multiplying the height, length and width of the package in cm divided by the number 5000. The amount obtained shall be considered the weight of the parcel in kilograms. The Service Provider shall have the right to apply and charge the client with the volume calculation of the mass for any parcel where the volume calculation of the mass is greater than the actual mass of the parcel. Parcels that deviate in shape or composition from standard or conventional shipments, such as bulk shipments, cone and/or cylinder shaped shipments (for example, but not limited to: drums, buckets, tires), all shipments that are not packed in cardboard packaging (for example, but not limited to: brooms, ladders, mouldings, various tools, mufflers, mannequins) and shipments that cannot be safely handled on conveyor belts in accordance with the technological process of the Service Provider shall be marked as bulky packages (hereinafter: “Bulky Parcel”) and there shall be an obligation to pay an extra fee for bulky parcels in accordance with the price list of the Service Provider. In relation to the Heavy and Bulky Parcel, the volume calculation of the mass can be applied in case the maximum combined dimension of such a Heavy or Bulky Parcel exceeds 340 cm. The Service Provider shall have the right to apply and charge the Customer with the volume calculation of the mass instead of the extra fee for the Heavy or Bulky parcel if this is more favourable for the Service Provider. The Service Provider shall have the right to refuse the reception of a Heavy Parcel, Bulky Parcel or a parcel subject to the volume mass calculation.  

-              from or to the Overseas shop, a private and/or a user not under an agreement may send a parcel of the following maximum dimensions: 44x30x40 cm, whose goods must be packed in one of the offered packagings of the Service Provider.  

The list and description of the packaging can be found in the price list of the Service Provider.   

-              via automated parcel machines of the maximum dimensions determined by the following values: 44x30x40 cm.   

2.3 After the Service Provider receives the parcel from the sender, such a shipment shall be measured – in accordance with the Service Provider’s technological process – (weight, dimensions and/or volume – depending on the type of shipment) and the measurement carried out by the Service Provider this way shall be considered accurate and true and shall be valid as such and for the sender.  

2.3.1 If the sender orders the collection of any Express shipment listed in paragraph 2.2. of this Article or Palletized shipments referred to in paragraph 4.1. of Article 4, and it is not ready for collection by the Service Provider, the Service Provider reserves the right to charge the Fee for an unsuccessful collection of the shipment in accordance with the price list of the Service Provider.  

2.4  The parcel is delivered personally to the recipient, legal representative or authorized person at the recipient’s address or in another way agreed between the recipient of the parcel and the Service Provider. The recipient shall take over the parcel with the recipient’s handwritten signature on the Delivery List, which shall mean that the shipment has been delivered. The digital acknowledgment of receipt contained in the application shall be considered proof of delivery when the parcel is delivered at the automated parcel machine.  

2.5          After delivering the parcel to the recipient, the Service Provider is not obliged to wait for the recipient to control the delivered shipment. In the event that the recipient conditions the acceptance of such a shipment by the presence of the Service Provider during the shipment control procedure, the recipient shall be deemed to have refused to accept the shipment and the Service Provider shall return such a shipment to the sender. For the avoidance of doubt, in the event that the Service Provider returns the shipment to the sender for the above reason, the Service Provider shall be deemed to have performed its service in the manner requested by the client and shall be entitled to charge the agreed fee.  

2.6          If the Service Provider delivers the parcel to the recipient who is a legal entity, the confirmation of receipt of the parcel shall be signed by the person in charge of receiving the shipment and it shall be considered that the Service Provider has fulfilled its obligation in full and shall have the right to collect the agreed fee from the client of the Postal Service.  

Article 3
International traffic services  

3.1 The EU Express service in international traffic is a service that involves sending packages to European Union countries listed on the website of the Service Provider (www.overseas.hr) with a guaranteed delivery time, with the maximum permissible weight of each package up to 31.5 kg. The guaranteed delivery time depends on the country of the European Union to which the shipment needs to be delivered and the delivery times are listed on the Service Provider’s website. The EU Express service does not support receiving packages from abroad.  

3.2 The Eurodis service in international traffic is a service that involves sending and receiving packages and palettes to and from European Union countries listed on the website of the Service Provider (www.overseas.hr) with expected, but not guaranteed delivery times, with the maximum permissible weight of each package up to 50 kg and each palette up to 600 kg. The expected delivery times are listed on the Service Provider’s website (www.overseas.hr). When handing over the shipment, the sender may request from the Service Provider that the shipment be delivered to the recipient with prior payment of the redemption amount from the recipient in favour of the sender. The availability of this additional service in relation to the destination is listed on the website of the Service Provider www.overseas.hr. 

Article 4
Palletized shipments in domestic traffic  

4.1 Palletized shipments in domestic traffic involve the sending one or more pallets with a maximum weight of 600 kilograms and maximum dimensions of 120 cm (length) x 80 cm (width) x 175 cm (height). In the event of a palletized shipment, the minimum weight for calculating the freight rate is 200 kilograms. If the pallet weighs more than 600 kilograms, it shall be considered too heavy a pallet (hereinafter: “Heavy Pallet”) and shall be marked as such and there shall be an obligation to pay an extra fee for the Heavy Pallet in accordance with the price list of the Service Provider. Palletized shipments with dimensions larger than the defined maximum dimensions of 120 cm (length) x 80 cm (width) x 175 cm (height) shall be marked as bulky pallets (hereinafter:  “Bulky pallet”) and there shall be an obligation to pay an extra fee for the Bulky Pallet in accordance with the price list of the Service Provider. The service provider shall have the right to refuse to accept a Heavy Pallet and a Bulky Pallet. The service provider shall deliver the palletized shipment within two working days (for the purposes of these General Terms and Conditions, a working day shall be considered any day except Saturday, Sunday or a day designated by the law of the Republic of Croatia as a public holiday) counting from the moment of receipt of the palletized shipment except when the palletized shipment should be delivered to a place where, due to the current schedule of the Service Provider, a shipment cannot be delivered within two working days from the date of receipt of the palletized shipment. Furthermore, an exception to the delivery of a palletized shipment within two working days from the date of receipt exists in the case of the delivery of a Heavy Pallet or a Bulky Pallet to a place where, due to the current schedule of the Service Provider, a shipment cannot be delivered within two working days from the day of receipt, in which case the deadline for delivery shall be five working days from the day of receipt. A valid schedule of the Service Provider is published on the website of the Service Provider (www.overseas.hr). The sender of the package is obliged to familiarize himself with the valid schedule published on the website of the Service Provider before ordering the Express service.  

4.2 After the Service Provider takes over the palletized shipment from the sender, such shipment shall be measured – in accordance with the technological process of the Service Provider – (weight, dimensions and/or volume – depending on the type of shipment) and the measurement carried out by the Service Provider this way shall be considered accurate and true and shall be valid as such and for the sender.  

4.3 After delivering the palletized shipment to the recipient, the Service Provider is not obliged to wait for the recipient to control the delivered shipment. In the event that the recipient conditions the acceptance of such a shipment by the presence of the Service Provider during the shipment control procedure, the recipient shall be deemed to have refused to accept the shipment and the Service Provider shall return such a shipment to the sender. For the avoidance of doubt, in the event that the Service Provider returns the shipment to the sender for the above reason, the Service Provider shall be deemed to have performed its service in the manner requested by the client and shall be entitled to charge the agreed fee.  

4.4 If the Service Provider delivers the palletized shipment to the recipient who is a legal entity, the confirmation of receipt of the parcel shall be signed by the person in charge of receiving the shipment and it shall be considered that the Service Provider has fulfilled its obligation in full and shall have the right to collect the agreed fee from the client of the Postal Service.  

4.5 The Service Provider shall also provide to clients with whom it has concluded a cooperation agreement the service of the Return of Euro-pallets of the standard dimensions 120 * 80 cm. Pallet returns shall be carried out exclusively for Euro-pallets on which, at the time of the delivery of the Express Shipment to the Service Provider, there are goods that can be delivered without a Euro-pallet in accordance with the technological process of the Service Provider. Due to additional handling, breakage and deterioration of the pallets in the technological process, the Service Provider undertakes to return 90% of Euro-pallets of the total number of pallets taken over on the day the record is taken. The Service Provider shall not return Euro-pallets on which, at the time of the delivery of the shipment to the Service Provider, there are Palletized shipments, which in accordance with the technological process of the Service Provider must be delivered on the pallet. The pallet return service shall be carried out in accordance with the valid and certified records between the client and the Service Provider according to the following process: Each Euro-pallet shall be in the records so that Overseas, together with the partner, has an overview of the situation, i.e. the number of pallets currently with each party. During each handover, the quantities of Euro-pallets shall be entered on the record form and appropriately certified by the client and the Service Provider. Pallet returns shall be carried out at least once a month. In the event that there is a difference in the number of pallets exchanged, it shall be compensated according to market prices. The deadline for complaints shall be 10 days from the agreed return deadline. Only Euro-pallets can be returned, as Overseas only returns those materials that can be reused. Disposable pallets have no guarantee that they can be used more than once and therefore we cannot take responsibility for such pallets. Also, Europallets for which the sender requests a refund must be able to be used more than once. In case of non-compliance with the above procedure, the client waives the right to financially charge the Service Provider due to the lack of Euro-pallets. 

Article 5
Palletized shipments in international traffic 

5.1 A palletized shipment in international traffic means sending one or more pallets to the countries listed on the website of the Service Provider (www.overseas.hr). The maximum weight of a palletized shipment is 600 kilograms, and the maximum dimensions of the pallet are 120 cm (length) x 80 cm (width) x 175 cm (height). In case of exceeding the maximum allowed dimension, the Service Provider shall charge a surcharge for the Bulky Pallet in accordance with the price list. In the event of a palletized shipment, the minimum weight for calculating the freight rate is 100 kilograms. The deadlines for the delivery of palletized shipments are listed on the website of the Service Provider, which are approximate deadlines, and the Service Provider does not guarantee the delivery of palletized shipments within the stated deadlines.  

5.2 The provisions of Articles 4.2, 4.3 and 4.4 shall also apply to palletized shipments in international traffic. 

Article 6
Procedure during packing, methods of packing the shipments, refusal to take over shipments 

6.1 The sender shall be obliged to package each shipment in such a way as to protect its value and to prevent damage to that shipment. When packing a shipment, the sender must pay special attention to the fact that the method of packing the shipment and the shipment itself do not cause damage to other shipments received/taken over, transferred and delivered by the Service Provider, the property of third parties at the disposal of the Service Provider and that they do not adversely affect the safety and health of persons. The choice of packaging material and the method of packaging must correspond to the content, type, dimensions, weight and value of the shipment and the length of the route to which the shipment is transferred. The sender shall be obliged to provide the material for the packaging of the shipment and shall be responsible for such a selection as well as for the method of packaging, which must be in accordance with the rules prescribed in these General Terms and Conditions.  

6.2 Glass and other easily breakable and sensitive items must be packed individually by the sender in a solid box filled with a suitable protective material (paper, styrofoam, sponge or similar). In this case, the sender shall indicate on the shipment that its contents are glass, slightly breakable or sensitive, although such markings do not exclude the sender from the responsibility of ensuring an appropriate packaging of the parcel referred to in Article 6.1.

More detailed instructions on how to pack the shipment are published on the website www.overseas.hr under the section: customer support.   

6.3 Liquids and soluble items must be sealed in an impermeable container or other impermeable wrapper (first packaging). An impermeable container or other impermeable wrapper should be wrapped in a material that is capable of absorbing liquid in the event of breakage or release of the container or wrapper containing a liquid or soluble item. Finally, the sender shall be obliged to put such a shipment in a solid box (second packaging). The sender shall be obliged to indicate on the box that the contents of the shipment are liquid or soluble.  

6.4 The Service Provider shall have the right to refuse to pick up the shipment in any of the following cases: (i) if the Service Provider considers that the shipment is not packaged in the manner prescribed by these General Terms and Conditions, (ii) if the shipment is not addressed in the manner prescribed by these General Terms and Conditions, (iii) if the shipment is missing transport documentation or if the transport documentation is incomplete, illegible, damaged or otherwise unusable, (iv) if the Service Provider, at its discretion, decides that it cannot transport and deliver the shipment, (v) if the Service Provider considers that taking over the shipment could endanger its business, life and/or health of its employees or third parties or that its property or the property of third parties could be damaged, and (vi) if at the time of receipt of the request for any of the services offered by the Service Provider on the market there is a due and outstanding claim by the Service Provider from the client.  

6.5 The Service Provider shall not be liable for any damage to the shipment and/or its contents that occurs due to the fact that the sender did not use the appropriate material during packaging or because the sender did not follow the packaging instructions specified in these General Terms and Conditions. For the avoidance of doubt, the fact that the Service Provider has taken over the shipment for transfer and delivery does not mean that the Shipper has packaged the shipment in accordance with the provisions of these General Terms and Conditions.  

6.6 The sender may, in accordance with the cooperation agreement, order the collection of any Express shipment referred to in item

2 of Article 2 or Palletized shipments referred to in item 1 of Article 4 of these General Terms and Conditions, at the address or addresses other than the addresses of the senders specified in the Cooperation Agreement or in the operational program of the Service Provider, in which case the Service Provider reserves the right to collect the Fee for the collection of the shipment at an alternative address in accordance with the price list of the Service Provider.  

6.7 All shipments are subject to the Fee for the collection of shipments and the Toll Fee according to the price list of the Service Provider.   

Article 7
Prohibited contents of a shipment, handling of shipments containing prohibited contents  

7.1 For the purposes of these General Terms and Conditions, “Prohibited Content” shall be considered to be animals, perishable goods, explosive and highly flammable items, gold, silver or other precious materials, securities (shares or stock documents, bonds, insurance policies), gemstones, firearms, weapons (in one piece or in parts), ammunition or any other object whose receipt or any other procedure during the provision of the service is associated with danger to other shipments, postal facilities, equipment and means of transport or to life and human health, human remains, drugs, items whose transfer is prohibited by the regulations of the Republic of Croatia or a decision of any state body or organization, watches worth over EUR 650.00, works of art, antiques, vouchers, tickets worth over EUR 400.00, goods whose transport requires a temperature regime, tender and similar documentation or goods that are sent to a tender procedure or are delivered within a defined period of time, and whose possible delay in delivery may result in (i) the loss of the position for which the person competed or (ii) termination, restriction or reduction of any right or (iii) the occurrence of any obligation for either the sender or the recipient. The Service Provider shall not accept a shipment whose content represents Prohibited Content.  

7.2 If there is a suspicion of Prohibited Content, the employee of the Service Provider may request the sender to open the shipment in order to inspect the contents of the shipment. If it is determined that the shipment contains Prohibited Content, the Service Provider shall refuse to accept such a shipment for transport. If during the opening of the shipment or in any other way after taking over the shipment it is established that the shipment contains Prohibited Content, the Service Provider shall hand over such a shipment, on the basis of the handover record, to the competent authority, which is obliged to co-sign the handover record, while in the event that after the shipment is taken over it is established that the shipment contains live animals, the Service Provider shall return such a shipment to the sender with a record.  

7.3 In the event that the shipment cannot be delivered to the recipient or returned to the sender, the Service Provider shall open and inspect such a shipment in order to determine any other address of the sender or recipient. If no other address of the sender or recipient is established or the delivery to such other address of the sender or recipient fails, the Service Provider shall keep such a shipment for one year from the date on which the delivery was first attempted. The Service Provider shall keep records of such shipments. After the expiry of one year, the shipment shall become the property of the Service Provider and the Service Provider shall have the right to destroy or sell such a shipment or otherwise dispose of it, depending on what the Service Provider considers most appropriate at the time. 

Article 8
Addressing of shipments and transport documentation 

8.1 The sender may address the shipment manually (by filling out the required data on the forms “Takeover List” and “Advice Note”) or electronically (by printing the required data in a special computer program provided by the Service Provider for senders)

(hereinafter: “Application”). The Takeover List and Advice Note forms shall be provided by the Service Provider to each sender with whom it has a concluded an Agreement.  

8.2 If the Sender has not concluded an Agreement with the Service Provider, the Takeover List and the Advice Note shall be filled out by a Service Provider’s employee upon receipt of the shipment by the sender, based on the information received from the sender. The truthfulness and accuracy of the data on the Takeover List shall be confirmed by the signature of the person who delivers the shipment to the Service Provider. For the avoidance of doubt, the person who hands over the shipment to the Service Provider’s staff shall be deemed authorized to deliver such a shipment on behalf of the sender.  

8.3 For the purposes of these General Terms and Conditions, the term “Accompanying Documentation” shall be considered the

“Takeover List”, “Advice Note”, “Delivery Note” and “Delivery List”. The Takeover List and the Advice Note are forms filled out manually by either the sender (if an Agreement has been concluded with the Service Provider) or an employee of the Service Provider when receiving the shipment from the sender (if the sender has not concluded an Agreement with the Service Provider).

Upon receipt of the shipment, the sender and the employee of the Service Provider shall sign the Takeover List. One copy of the Takeover List shall remain with the sender as proof that he has delivered the shipment to the Service Provider for transport while the other copy remains with the Service Provider. The Advice Note shall be a form that is affixed to the shipment, and the information provided on the Takeover List must correspond to the information on the Advice Note. The Advice Note contains three identical barcodes, two of which are self-adhesive and one of them is affixed to the sender’s copy of the Takeover List, and the other to the copy of the Takeover List belonging to the Service Provider. The delivery note is the sender’s document that the sender can (exclusively in the manner specified by the Service Provider) send together with the shipment. When delivering the shipment to the recipient, the recipient shall sign the Delivery Note, which is then returned to the sender and serves as proof that the recipient has taken over the shipment. The Service Provider shall charge extra for the service of the return of the Delivery Note in accordance with its price list. The Delivery List is a form contained in the Service Provider’s application located on the scanner (electronic communicator) of the courier, and may be in physical form, which the recipient must sign and which the Service Provider uses as proof that the recipient has received the shipment. The service of the return of the Delivery Note may be used only by the sender who has regulated such a service with the Service Provider.  

8.4 The Sender shall be responsible for ensuring that all data, additional services and data indicated by the Sender on the Takeover List and Advice note are clearly marked and indicated so that the Service Provider can perform its service in accordance with the above. If such data is not provided or is incomplete (for example, but not limited to: the need to return the Delivery Note and how many Delivery Notes need to be returned), the Service Provider shall always act in accordance with the information available at the time of delivery and shall not be liable for non-performance or incomplete performance of possible additional services and anything related to them.  

8.5 In order to perform the service as well as possible, increase the speed of the process and simplify the process of taking over and delivering parcels, it is extremely important to have accurate and complete data for taking over and delivering the parcels.   

Accurate and complete data for taking over the parcel are:

-              name and surname of the sender of the parcel or full and exact name of the company sending the parcel;

-              the exact address for taking over the parcel, which includes all the indicated data: street and house number, place and postal code, country;

-              contact telephone number, preferably mobile phone number.  

Accurate and complete data for the parcel delivery are:

-              name and surname of the recipient of the parcel or full and exact name of the company receiving the parcel;

-              the exact address for delivering the parcel, which includes all the indicated data: street and house number, place and postal code, country;

-              accurate contact telephone number, preferably mobile phone number.

-              in the event that the recipient of the parcel is outside the Republic of Croatia, the contact mobile phone number containing the country code is obligatory;

-              correct email address of the recipient of the package.  

If the parcel sender did not enter, send, provide all the above data or has provided incorrect and inaccurate data about the sender and/or recipient of the parcel, the Service Provider reserves the right to charge for the attempt to deliver the parcel by applying the valid price for the performed service, in accordance with the commercial conditions stated and confirmed in the Quote/Agreement. Subsequent changes of the package delivery address after the first attempt to deliver the parcel shall be charged by applying the applicable prices for the service or services performed, in accordance with the commercial conditions stated and confirmed in the Quote/Agreement.

Article 9
Using the Application for the Printout of the Takeover List and Advice Note 

9.1 The data on the Takeover List and Advice Note printed using the Application consist of two parts: 1) the Takeover List and Advice Note printed out using the Application and 2) a set of data in the form of a file created by using the Application.  

9.2 Upon receipt of the shipment, the sender shall be obliged to hand over to the Service Provider an electronically completed Takeover List and a shipment marked with an electronically completed Advice Note. Furthermore, the Sender shall be obliged (no later than at the time of the delivery of the shipment to the Service Provider) to send to the Service Provider electronic data on shipments, and such data must be sent in the form of a file created using the Application. The Sender shall send the files to the Service Provider in the manner specified in the documentation on the use of the Application. The Service Provider publishes instructions for using the Application on its website: www.overseas.hr  

9.3 The Sender shall be responsible that the data submitted to the Service Provider in the form of a file correspond to the data on the electronically printed out Takeover List and Advice Note. If such data is not identical, the Service Provider shall always act in accordance with the data submitted in the form of a file.  

9.4 The Service Provider shall take over the shipment both in case (i) the sender does not submit the file to the Service Provider before handing over the shipment for transport and in case (ii) the file is manually modified prior to being submitted to the Service Provider, or (iii) contains incomplete or illegible data or (iv) if it is for any other reason beyond the fault of the Service Provider unusable/damaged at the time it is received by the Service Provider.  

9.5 If the Service Provider receives the shipment and any of the following occurs:  

(i)           the sender does not submit the file to the Service Provider prior to handing over the shipment for transport,

(ii)          the sender manually modifies the file before handing it over to the Service Provider,

(iii)         the file is, for any reason beyond the fault of the Service Provider, unusable/damaged at the time it is received by the Service Provider,

(iv)         the file contains incomplete or illegible data.

The service provider shall perform the service exclusively according to the data at its disposal at that time. Furthermore, if any of the above cases occur, the Service Provider shall have the right to charge for its service by applying the applicable prices for the service or services performed taking into account the data available to the Service Provider at that time.  

9.6 In the event of the occurrence of any of the cases described in paragraph 9.5. of this Article, the Service Provider shall not be responsible to either the sender or the recipient of the shipment:

(i)           for exceeding the deadline for the transfer and delivery of the shipment,

(ii)          for the non-performance of the service requested by the client from the Service Provider,

(iii)         for the non-collection of the redemption amount in case the sender has sent a redemption shipment,

(iv)         for the non-return of the Delivery Note to the sender in the event that the sender also sent a Delivery Note together with the shipment,

(v)          for any form of damage (ordinary damage, lost benefit, non-property damage or any other form of indirect, consequential or incidental damage) incurred by the sender and/or recipient for any of the reasons listed under (i) to (iv) (including item iv).  

9.7 The correction of data on the Takeover List and Advice Note shall be allowed only by printing out a new Takeover List and

Advice Note using the Application. The manual correction of data on the Takeover List and Advice note printed out using the Application is not allowed. In the event that the sender manually corrects the data on the Takeover List and Advice Note printed out using the Application, the Service Provider shall not take such changes into account and shall perform its service exclusively in accordance with the data submitted in file form. 

Article 10
Use of other electronic technologies in the transport of shipments 

10.1 The Sender may hand over to the Service Provider a shipment that does not contain the Takeover List and the Advice note, since in that case the Service Provider shall use barcodes from the Sender’s documentation to perform its service.    

10.2 In the cases when the Service Provider uses barcodes from the sender’s documentation when providing its service, the sender shall be responsible for the accuracy of the electronic data provided to the Service Provider. In the event that there is a difference between the electronic data provided to the Service Provider and the data indicated on the sender’s documentation, the Service Provider shall consider only the electronic data provided to him accurate and final for the performance of its service.  

10.3 In the event that the Service Provider: (i) does not receive the electronic data prior to the receipt of the shipment or (ii) receives electronic data prior to the receipt of the shipment but determines that the electronic data is unusable, the electronic data shall be deemed unusable (for example, but not limited to damaged, illegible, incomplete data), the Service Provider shall not be obliged to perform its service.  

10.4 The non-performance of the service by the Service Provider for any of the reasons specified in paragraph 3 of this Article shall not result in the Service Provider being liable to either the sender or the recipient for any form of damage (ordinary damage, lost benefits, non-property damage or any other forms of indirect, consequential or incidental damage). 

Article 11
Payment of the service, takeover and delivery of shipment  

11.1 In the event that the sender indicates on the Takeover List or on the form printed out using the electronic program provided by the Service Provider that the recipient is obliged to pay for the ordered service and the recipient refuses to pay the Service Provider for its service, the Service Provider shall have the right to charge the service to the sender.  

11.2 If the receipt of the shipment is not possible at the address specified for the receipt, the Service Provider shall try to deliver the shipment once again. If the delivery of the shipment is not possible the second time, the Service Provider shall charge the client for the service, and the Client shall be obliged to pay the Service Provider an amount equal to the minimum tariff for the type of service requested by the client as if the Service Provider had performed the requested service in full.  

11.3 The price of each service provided by the Service Provider includes the delivery of the shipment on a maximum of two occasions. In other words, if the recipient of the shipment is not at the address designated for delivery, the Service Provider shall leave a notice to the recipient at that address about the failed delivery of the shipment stating that the recipient is obliged to contact the Service Provider within five days starting from the day when the notice was left to agree on a new date or address for delivery. The Service Provider shall return the shipment to the sender:

(i) after the expiry of a period of 5 days from the date on which the notice of the failed delivery was left to the recipient if the recipient does not contact the Service Provider within this period to agree on a new delivery date, or (ii) if the Service Provider fails to deliver the shipment to the recipient a second time, or (iii) if the recipient refuses to accept the shipment.  

11.4 The Service Provider shall also apply the following surcharges in accordance with its price list:

(i)           sending a copy of the Delivery List with the signature and any acknowledgment of receipt of the shipment by the recipient to the sender or recipient by e-mail or fax for each shipment older than 3 months from the date of takeover;

(ii)          subsequent correction of inaccurate shipment data (for example but not limited to the amount of cash on delivery, changes in the number of return documents and similar data provided by the sender), which require the Service Provider to go to the sender’s or recipient’s address;

(iii)         subsequent changes of data on the payer of the postal service after the performance of the service;

(iv)         fee for heavy and bulky parcel; (v) fee for heavy and bulky pallet;

(vi)         fee for delivery to shopping malls and other places of delivery to which delivery is permitted only within a defined period of time;

(vii)        personal delivery fee;

(viii)       fee for taking over shipments;

(ix)         toll fees;

(x)          fee for unsuccessful takeover of shipments;

(xi)         fee for takeover of shipments at an alternate address;

(xii)        seasonal fee during months with a larger number of shipments;

(xiii)       fuel surcharge;

(xiv)       redemption fee;

(xv)        fee for sending SMS notifications;  (xvi) return document fee; (xvii) card payment fee.  

Article 12
Additional services in domestic traffic 

12.1 When handing over the shipment, the sender may request from the Service Provider that the shipment be delivered to the recipient with prior payment of the redemption amount from the recipient in favour of the sender. The Recipient shall pay the Service Provider’s employee the price of the redemption shipment in cash (whereby the sender shall be obliged to comply with the provisions of applicable laws and regulations on combating and preventing money laundering and terrorist financing) or (depending on the Service Provider’s decision) by any other means of payment when handing over the redemption shipment, for which the employee of the Service Provider shall issue a confirmation of payment of the redemption amount. 

The Service Provider provides recipients who have chosen the redemption collection service to pay the redemption amount online – by card and using other digital payment models and through the WSPay real-time credit card authorization system.  

The Service Provider shall pay the redemption amount received by the recipient to the sender’s account. The sender who requests from the Service Provider the provision of such a service shall be obliged to indicate such a service on the Takeover List and Advice Note, or on the form that he printed out using the Application. Furthermore, the sender shall be obliged to indicate the redemption amount on the Takeover List and on the form printed out using the Application.   

12.2 Provided that the Service Provider provides the service of delivery of the shipment exclusively to a specific person, the Service Provider shall deliver such a shipment exclusively to the person indicated by the sender on the shipment. When ordering the service of the delivery of a shipment to a specific person, the sender shall be obliged to indicate such a service on (i) the Takeover List and Advice Note, or on the form printed out by the sender using the Application, and (ii) write on the shipment “deliver to a personally designated recipient”. When delivering the shipment to the recipient, the Service Provider shall ask the recipient to acknowledge the receipt of the shipment by signing the Delivery List. The sender may at any time contact the Service Provider to find out whether it provides the service referred to in paragraph 2 of this Article. The service of a shipment delivery into the hands of a specific person may be used only by the sender who has specifically contracted such a service with the Service Provider.  

12.3 When handing over the shipment, the sender may request from the Service Provider that the shipment be delivered to the recipient in such a way that the recipient also confirms the Delivery Note with his signature (as defined in Article 8.3 of these General Terms and Conditions). When delivering the shipment to the recipient, the Service Provider shall ask the recipient to confirm with his signature the Delivery Note which is returned to the sender and to sign the Delivery List. This service can be requested from the Service Provider only by marking this service on the Takeover List and Advice Note, with the restriction that this additional service is not possible in the case of sending packages to the Overseas Shop and via automated parcel machines. If the recipient refuses to sign the Delivery Note when delivering the shipment, but instead issues a document to the Service Provider stating that the recipient will subsequently deliver the signed Delivery Note to the sender, it shall be considered – for the purpose of regulating the relation between the sender and the Service Provider – the Service Provider shall be deemed to have performed the service of returning the signed Delivery Note to the Sender by delivering the shipment to the recipient, i.e. the Service Provider shall be deemed to have fully performed the ordered service (regardless of the fact that it did not return the signed Delivery Note to the sender but received a document from the recipient of the shipment stating that the recipient will subsequently deliver the Delivery Note to the sender). The sender who sends the shipment together with a Delivery Note undertakes to find out from the recipient whether the recipient is to sign the Delivery Note at the time of taking over the shipment or whether he is to send the signed Delivery Note or return the Delivery Note at his own expense to the sender of the shipment.  

12.4 The Service Provider shall provide SMS and e-mail notification of delivery. The sender who wants to send a shipment using such a service of the Service Provider shall have the option to choose an SMS and/or e-mail notification using the Application. The sender who requests from the Service Provider to provide such a service shall be obliged to mark such a service using the Application.  

12.4.1 The Service Provider shall provide the service of time-defined delivery of shipments to the recipient in shopping malls and other places of delivery to which (according to the internal rules of such entities) delivery is allowed only within a time-defined period. The Service Provider reserves the right to charge the Fee for the delivery of shipments to shopping malls and other places of delivery to which delivery is allowed only within a defined period of time in accordance with the price list of the Service Provider. For the avoidance of doubt, even when the above indicated service has been agreed between the Service Provider and the sender, the sender shall be responsible for the accuracy of the electronic data to be provided to the Service Provider, and the Service Provider and the Service Provider shall, as part of its technological process, specifically mark shipments that are delivered to shopping centres and other places of delivery to which delivery is allowed only within a defined period of time, and the mark made in this way by the Service Provider shall be considered accurate and true and shall be valid as such for the sender. The time-defined delivery service to shopping malls and other places of delivery to which delivery is allowed only within a time-defined period.  

12.5 The client may request the additional services specified in paragraphs 1 and 4 of this Article from the Service Provider with regard to the Express Service (as defined in Article 2 of these General Terms and Conditions) and with regard to palletized shipments in domestic traffic (such as those specified in Article 4 of these General Terms and Conditions).   

12.6 The client may request the additional services specified in paragraphs 2, 3 and 4 of this Article from the Service Provider with regard to the Express Service (as defined in Article 2 of these General Terms and Conditions).  

12.7 The sender may request the additional services specified in paragraphs 2 and 3 of this Article from the Service Provider with regard to a palletized shipment in domestic traffic (as defined in Article 4 of these General Terms and Conditions).

Article 13
Liability and Exclusion of Liability of the Service Provider 

13.1 In domestic traffic, the Service Provider is liable (a) for loss of or damage to the shipment or reduction of its contents, (b) for exceeding the deadline for transfer and delivery of the shipment and (c) for non-performance of the service or non-performance in full.  

13.2 Within the meaning of paragraph 1 of this Article, the Service Provider shall not be liable: (a) if the event referred to in paragraph 1 of this Article occurs as a result of Force Majeure (as defined in paragraph 4 of this Article), or as a result of circumstances which can reasonably be assumed not to be under the control or influence of the Service Provider, (b) when the Service User (for the purposes of these General Terms and Conditions, the Service User is a legal or natural person using the Service as the sender or recipient) does not submit a complaint within the deadlines determined in Article 14.1 and 14.2 of these General Terms and Conditions, (c) when the Service User does not file a claim for damages within the period specified in the Act, (d) in the case of shipments whose content is Prohibited Content, (e) when the sender did not act, when addressing and/or packing the shipment in the manner prescribed in these General Terms and Conditions, (f) in the event of damage to the outer packaging during the shipment, but no damage to the contents of the shipment, (g) in the event that the sender has not used the appropriate service provided by the Service Provider, and (h) in other cases expressly provided for in these General Terms and Conditions.  

13.3 The Service Provider shall not be liable for lost profits or any other form of indirect, consequential or incidental damages (for example, but without limitation: lost profits/earnings, lost interest income, lost profits/earnings from possible future business, etc.), as well as for ordinary damage that may occur to the sender and/or the recipient due to (a) loss, damage or reduction of the contents of the shipment, (b) exceeding the deadline for transfer and delivery of the shipment, (c) non-performance of service by the Service Provider, i.e. non-performance in its entirety or (d) due to the occurrence of other cases listed in these General Terms and Conditions when the liability of the Service Provider is excluded.  

13.4 For the purposes of these General Terms and Conditions, the term “Force Majeure” means external and extraordinary circumstances that did not exist at the time of receipt of the shipment by the Service Provider, which could not have been foreseen and occurred without the will and influence of the Service Provider. The term Force Majeure or circumstances that are unreasonable and unjustifiable to be expected to be under the control or influence of a Service Provider shall mean natural disasters, including fire, earthquake, storm or flood, state act or act of another competent authority, suspension of work/strike, explosion, accident, power outage, significant political and social unrest, significant political or economic circumstances such as insurrection, terrorist act or declared and undeclared war.  

13.5 The sender shall reimburse the Service Provider for all damages and all costs related to claims for damages, legal proceedings of any nature, and any claims and/or proceedings that would relate to any possible or actual illegal or Prohibited Content of the shipment.  

13.6 The sender shall reimburse the Service Provider for all damages and costs that the Service Provider may incur as a result of any legal proceedings, claims or criminal/misdemeanour proceedings that may occur due to the Client’s actions contrary to these General Terms and Conditions, the Agreement, the Act or other regulations of the Republic of Croatia and international agreements.  

13.7 In international traffic, the Service Provider shall be liable within the limits set by the acts of the Universal Postal Union and international agreements. 

Article 14
Submission and handling of complaints and appeals 

14.1 In the event of a loss of the shipment, the exceeding of deadlines for the transfer and delivery of the shipment or in the event that the Service Provider has not performed the service or has not performed it in full, the Service User shall have the right to file a complaint to the Service Provider within three months of from the day of the delivery of the shipment to the Service Provider for transport in domestic traffic, i.e. within six months from the day of the delivery of the shipment to the Service Provider for transport in international traffic. Each complaint must be in writing and must contain information about the person submitting it (name and surname, address, telephone number and e-mail address), must explain the reason for the complaint and must state all the facts as well as enclose all evidence from which the merits of the complaint are made clear. The complaint shall be submitted to the Service Provider at its registered business address.  

14.2 The Service User shall be obliged to submit a complaint due to damage to or reduction of the contents of the shipment to the Service Provider immediately upon delivery of the shipment. When signing the Delivery List, the Service user confirms that he received the shipment undamaged and without reduced contents (subject to the exception specified in the following sentence). The complaint filed or submitted to the Service Provider after the delivery of the shipment is not accepted, unless the service user provides evidence that the damage to or reduction of the contents of the shipment occurred prior to the delivery of the shipment.  

14.3 The Service Provider shall respond in writing to any complaint within 30 days from the date of receipt of the complaint in domestic traffic or within 60 days from the date of receipt of the complaint in international traffic. For the avoidance of doubt, the Service Provider is under no obligation to respond to a complaint that does not contain information about the person submitting it. After receiving the response of the Service Provider to the complaint, the service user who submitted the complaint shall have the right to submit an appeal to the Commission of the Service Provider for Consumer Appeals within 30 days from the day of receiving the written response. The appeal shall be submitted to the Service Provider at its registered business address. The appeal must be accompanied by a copy of the Service Provider’s response to the complaint. The Consumer Appeals Commission of the Service Provider shall provide a written response to the service user who submitted the appeal within 30 days from the date of receipt of the appeal.  

14.4 Furthermore, after receiving the response of the Consumer Appeals Commission of the Service Provider, the service user who submitted the appeal shall have the right to submit a request for resolving the dispute to the Croatian Regulatory Authority for Network Industries within 30 days from the day of receiving the response of the Consumer Appeals Commission of the Service Provider. If the service user who submitted a request to the Croatian Regulatory Authority for Network Industries to resolve the dispute in connection with the appeal files a lawsuit with a competent court on account of the same factual and legal basis, the dispute resolution procedure before the Croatian Regulatory Authority for Network Industries shall be suspended.   

14.5 Within 30 days after:

(a)          the receipt of the Service Provider’s response to the complaint lodged accepting the complaint; or

(b)          the receipt of a response from the Consumer Appeals Commission of the Service Provider accepting the appeal; or

(c)          the decision of the Croatian Regulatory Authority for Network Industries resolving the dispute in favour of the service user who has submitted a request for the dispute resolution to the Croatian Regulatory Authority for Network Industries, the service user shall have the right to claim compensation of damages from the Service Provider.   

14.6       The Service Provider shall pay the damages within 30 days from the date of receipt of a valid request from the user, which must contain the complete documentation necessary to make the payment.  

14.7       In the event that the Service Provider refuses to pay the damages, the service user who has submitted a claim for damages shall be authorized to initiate appropriate legal proceedings against the Service Provider before the competent court and claim damages in such proceedings. For the avoidance of doubt, the service user shall be entitled to claim damages from the competent court only if the following conditions are cumulatively met:

(a) the complaint has been filed within the time limit provided for in Articles 14.1 and 14.2; (b) the appeal has been submitted within the time limit provided for in Article 14.3;

(c) the claim for damages has been filed within the time limit provided for in Article 14.5. 

Article 15
Compensation of damages and the procedure for compensation of damages 

15.1 For the loss of or complete damage to content in internal traffic:

(i)           of shipments referred to in Article 12.1 – In the event that its liability is established, the Service Provider shall pay the sender damages in the amount of the redemption amount indicated on the Takeover List, i.e. in the amount specified in the electronic data provided by the sender to the Service Provider (Article 10 of these General Terms and Conditions). Notwithstanding the above, in case the actual value of the shipment is different from the redemption amount, the sender shall be obliged to provide the Service Provider with documents from which the actual value of the shipment is clear. If the Service Provider determines at its discretion that it undoubtedly follows from the submitted documentation that the actual value of the shipment is different from the redemption amount, the Service Provider shall pay the sender the actual value of the shipment as compensation of damages, taking into account the limitation of liability of the Service Provider indicated in the following sentence. Notwithstanding this provision of Article 15.1 point (i), the liability of the Service Provider for the loss of or complete damage to the contents of the shipment referred to in Article 12.1 is limited to a maximum amount of EUR 1.350,00 per parcel and a maximum amount of EUR 2.000,00 per shipment. If the sender seeks compensation of damages under this Article 15.1 point (i), it shall be obliged to enclose to the claim for damages submitted under this Article 15.1 point (i) all necessary documents on which the claim is based. The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient.

(ii)          of shipments sent through one of the additional services specified in Articles 12.2, 12.3 and 12.4 – the Service Provider shall, in the event that its liability is established, pay damages in the amount of five times the fee charged by the Service Provider to the sender, depending on the type of service requested by the sender. Notwithstanding the above, in case the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider to the sender, the sender shall be obliged to provide the Service Provider with documents from which the actual value of the shipment is clear. If the Service Provider determines at its discretion that it undoubtedly follows from the submitted documentation that the actual value of the shipment is greater than five times the fee charged by the Service Provider to the sender, the Service Provider shall pay the sender the actual value of the shipment as compensation of damages, taking into account the limitation of liability of the Service Provider indicated in the following sentence. Notwithstanding this provision of Article 15.1 point (ii), the liability of the Service Provider is limited to a maximum amount of EUR 1.350,00 per parcel and a maximum amount of EUR 2.000,00 per shipment. If the sender seeks compensation of damages under this Article 15.1 point (ii), it shall be obliged to enclose to the claim for damages submitted under this Article 15.1 point (ii) all necessary documents on which the claim is based. The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient.  

15.2 For partial damage to or reduction of content in internal traffic:

(i) of shipments referred to in Article 12.1 item (ii) or of shipments sent through one of the additional services specified in Articles 12.2, 12.3 and 12.4, the Service Provider shall, in the event that its liability is established, pay damages in the amount corresponding to the actual value of the damaged or reduced contents of the shipment. Notwithstanding the above, the liability of the Service Provider for partial damage to or reduction of the contents of the shipment referred to in Article 12.1 or the contents of a shipment sent through one of the additional services specified in Articles 12.2, 12.3 and 12.4 shall be limited to a maximum amount of EUR 1.350,00 per parcel and a maximum amount of EUR 2.000,00 per shipment. If the sender seeks compensation of damages under this Article 15.2 (i), it shall be obliged to enclose to the claim for damages under this Article 15.2. item (i) all necessary documents on which the claim is based (the sender shall also be obliged to submit a document from which the value of the damaged or reduced contents of the shipment is clear). The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient.  

15.3 For exceeding the deadline for the transfer and delivery of parcels using the Express service in domestic traffic, of parcels the

Service Provider has undertaken to transfer and deliver within a certain period (additional service referred to in Article 12.4 of these General Terms and Conditions) and palletized shipments – the Service Provider shall, in the event that its liability is established, pay damages in the amount of three times the fee charged by the Service Provider to the sender. The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient.  

15.4 For the non-performance of the service in domestic traffic, i.e. the non-performance of the service in its entirety with regard to: (i) shipments referred to in Article 12.1 – in the event that its liability is established, the Service Provider shall pay the sender damages in the amount of the redemption amount indicated on the Takeover List, i.e. in the amount specified in the electronic data provided by the sender to the Service Provider (Article 10 of these General Terms and Conditions). Notwithstanding the above, in case the actual value of the shipment is greater than the redemption amount, the sender shall be obliged to provide the Service Provider with documents from which the actual value of the shipment is clear. If the Service Provider determines at its discretion that it undoubtedly follows from the submitted documentation that the actual value of the shipment is greater than the redemption amount, the Service Provider shall pay the sender the actual value of the shipment as compensation of damages, taking into account the limitation of liability of the Service Provider indicated in the following sentence. If the sender seeks compensation of damages under this Article 15.4 point (i), it shall be obliged to enclose to the claim for damages submitted under this Article 15.4 point (i) all necessary documents on which the claim is based. The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient. (ii) of shipments sent through one of the additional services specified in Articles 12.2, 12.3 and 12.4 – the Service Provider shall, in the event that its liability is established, pay damages in the amount of five times the fee charged by the Service Provider to the sender, depending on the type of service requested by the sender. Notwithstanding the above, in case the actual value of the shipment is higher than the amount of five times the fee charged by the Service Provider to the sender, the sender shall be obliged to provide the Service Provider with documents from which the actual value of the shipment is clear. If the Service Provider determines at its discretion that it undoubtedly follows from the submitted documentation that the actual value of the shipment is greater than five times the fee charged by the Service Provider to the sender, the Service Provider shall pay the sender the actual value of the shipment as compensation of damages. If the sender seeks compensation of damages under this Article 15.4 point (ii), it shall be obliged to enclose to the claim for damages submitted under this Article 15.4 point (ii) all necessary documents on which the claim is based. The provisions of this Article shall apply accordingly in the event that a claim for damages is submitted by the recipient.  

15.5 In case of the non-performance of the service in domestic traffic, i.e. the non-performance of the service in its entirety, the

Service Provider shall be obliged, except for the payment of damages as stated in Article 15.4. of these General Terms and Conditions, to return the charged price of the service and pay the statutory default interest from the date of filing the claim for damages until payment.  

15.6 In the event that the sender, through one of the additional services specified in Articles 12.2, 12.3 and 12.4, hands over for transport to the Service Provider a slip or slips of credit, debit or other types of bank cards, prescriptions, cheques, chequebooks, bills of exchange, promissory notes, travel tickets, and any other documents, contracts or documents indicating the value of such documents, contracts or documents and:

(i)           there is a loss of or complete damage to the contents of such a shipment for which the Service Provider is liable; and

(ii)          the service user claims damages in excess of five times the amount to which the sender or recipient would be entitled in accordance with the provisions of these General Terms and Conditions, then the amount of damages shall be the amount corresponding to the demonstrable cost of regaining or obtaining the lost or damaged documents or contracts. The cost of regaining or obtaining will shall not include the cost of labour, i.e. the staff required for regaining or obtaining such a document or contract. The person claiming damages shall be obliged to act in good faith and take all necessary actions in order to regain or obtain such a document or contract at the lowest possible cost. For the avoidance of any doubt, the liability of the Service Provider in this case shall be limited to a maximum amount of EUR 1.350,00 per parcel and a maximum amount of  EUR 2.000,00 per shipment.  

15.7 Acts of the Universal Postal Union shall apply to compensation for damage in international traffic. In the areas of application of the Warsaw or CMR Convention, or any law or act that has adopted these conventions or in the areas of application of other binding regulations, the liability of the Service Provider shall be regulated and will be limited according to such applicable rules. 

Article 16
Liability of the Sender 

The sender shall be liable for all damages caused by his shipment to other shipments, facilities and equipment of the Service Provider or third parties, and to injuries or death of employees of the Service Provider and other persons, if they occurred for any of the following reasons: (a) the shipment contained Prohibited Content, (b) if the sender did not comply with the special legal conditions for sending certain items contained in his shipment and these General Terms and Conditions, and (c) if the shipment was not packed in the manner prescribed by these General Terms and Conditions. 

Article 17
 Prices of services, default interest, invoicing and waiver of statute of limitations

17.1 The Service Provider charges for its services according to the price list published and submitted to the Croatian Regulatory Authority for Network Industries.  

17.2 When there is an Agreement between the Service User and the Service Provider and provided that such Agreement does not stipulate otherwise, the Service Provider shall, after the billing period specified in the Agreement, calculate the services provided to the Service User in that billing period and shall issue an invoice to the Service User for the services provided in this way, together with the specification of the performed services. On the fifteenth day from the day of the end of the billing period, it shall be considered that the service user has received the invoice of the Service Provider in relation to the services provided in that billing period.  

17.3 The user of the transport delivery service can pay:

(I)           in cash (when taking over the parcel or when delivering the parcel), and the employee of the Service Provider shall be obliged to issue an invoice to the user;

(II)          via a bank transfer in advance to the account of the Service Provider. If the User pays for the delivery service via a proforma invoice, the parcel shall not be submitted for further processing until the Service Provider receives a confirmation from the User on the transfer of funds to the giro account of the Service Provider;

(III)        online by card and using the service via the WSPay real-time credit card authorization system, and the employee of the Service Provider shall be obliged to issue an invoice to the user.

If the Quote/Agreement does not define a different payment deadline for the service, the payment deadline is considered to be 15 days from the execution of the service. The complaint period for invoices is 8 days from the day the invoice is issued. 

When signing the Quote/Agreement, the User shall be obliged to enclose a blank promissory note or promissory note to the estimated monthly amount of the invoice or pay a deposit in the same amount to the account of the Service Provider.

If the User fails to pay the invoice within the defined payment period, the Service Provider shall charge the applicable statutory default interest from the due date of the outstanding claim until its final settlement.   

17.4 In the event that there is an Agreement between the Service Provider and the Service User, it shall be considered that with each ordering of the service from the Service Provider, the Service User recognizes all obsolete liabilities that the Service User has towards the Service Provider at the time of ordering the service, i.e. it shall be considered that the service user has waived the statute of limitations in relation to the obsolete liabilities that the service user has towards the Service Provider at that time. For the avoidance of any doubt, by accepting these General Terms and Conditions, the Service User declares that this provision does not produce inequality in the rights of the parties to its detriment since the Service User itself by its actions, in this case by ordering the service from the Service Provider consciously acknowledges the consequences of such an action, which is the waiver of the statute of limitations in relation to all obsolete liabilities towards the Service Provider present at that time. Furthermore, the Service User declares that ordering the service by any of its employees (regardless of the legal basis on which such employee is hired) and whether or not that person is the legal representative of the service user, shall also result in the Service user waiving the statute of limitations in relation to all obsolete liabilities to the Service Provider present at that time. 

Article 18
Protection of personal data of natural persons using the services 

18.1  The Service Provider shall handle the personal data of natural persons using the services in accordance with the General Data Protection Regulation (GDPR) and the Act on the Implementation of the General Data Protection Regulation. Data protection is of particular importance to the Service Provider and we take data protection very seriously. The Privacy Protection Policy published on our website https://www.overseas.hr/hr/footer_stranice/izjava-o-privatnosti-3 determines the principles and conditions of processing personal data of users, the ways in which data are processed, for what purposes they are used, what the rights of individuals are in relation to the processing of personal data and the ways in which they can exercise these rights. 

Article 19
Other 

19.1 In the event of fluctuations in the prices of oil on the domestic market, as in other justified cases, the Service Provider reserves the right to unilaterally adjust its prices for the transport of shipments. 

Due to the unstable world growth of the market of petroleum products and rising fuel prices, the Service Provider reserves the right to charge a fuel surcharge that will be applied to the basic price of the service in domestic and international traffic. In the event of fluctuations in the prices of oil on the domestic market, as in other justified cases, the Service Provider reserves the right to unilaterally adjust the amount of the fuel surcharge. The amount of the fuel surcharge represents an integral part of the Price List of Value Added Postal Services and certain additional services of the Service Provider. The fuel surcharge is calculated monthly on our invoices according to the value criterion published on the website: www.overseas.hr.   

19.2 In the event that the Service Provider who has an Agreement with the Service User initiates the procedure of enforced collection of its claims against such Service User, and the Service User in this procedure – after the deadline for filing a complaint set by law – disputes the invoice in whole or in part claiming that the contracted service has not been provided or has not been provided in full, or in the agreed manner or claiming otherwise, the Service Provider shall be entitled to charge the Service User, and the Service User, by accepting these General Terms and Conditions, accepts the obligation to pay the Service Provider accepts the obligation to pay the Service Provider for the service of collecting, processing and preparing the documentation by which the Service Provider will prove its claim, i.e. to dispute the allegations of the Service User. The service of collecting, processing and preparing the documentation shall be charged by the Service Provider in accordance with the prices specified in its price list. For the avoidance of any doubt, the Service Provider shall be entitled to charge for the said service of collecting, processing and preparing the documentation regardless of the right arguments and/or legal instruments used by the Service Provider in the proceedings to challenge the allegations of the Service User.  

19.3 The Service Provider shall have its valid General Terms and Conditions published on its website www.overseas.hr. Furthermore, the Service Provider shall ensure the availability of the current General Terms and Conditions in its premises intended for service users and shall make them available at the request of the service users. The Service Provider reserves the right to change and/or amend the text of the General Terms and Conditions at any time. In such a case, the Service Provider shall make the newly valid text of the General Terms and Conditions available on its website and in its business premises no later than 8 days before the day of their entry into force. If the sender who has concluded an Agreement with the Service Provider does not terminate such an Agreement before the entry into force of the newly valid text of the General Terms and Conditions, such a sender shall be deemed to have accepted the amendments. At the time when the client orders the service from the Service Provider, it shall be considered that the client has read the currently valid General Terms and Conditions of the Service Provider and accepted them in full.  

19.4 The Service Provider and the Client shall attempt to resolve all disputes regarding the interpretation, application or enforcement of these General Terms and Conditions amicably. If the Service Provider and the Client fail to resolve the dispute regarding the interpretation, application or execution of these General Terms and Conditions amicably, the court with subject-matter and territorial jurisdiction in Zagreb shall be competent to resolve disputes.  

19.5 In the event that one or more provisions of these General Terms and Conditions are declared null and void, this shall not affect the validity of the other provisions of these General Terms and Conditions, which shall remain in force and in full application. If any provision of these General Terms and Conditions proves to be illegal or unenforceable, the remaining provisions of the General Terms and Conditions shall remain in full force and effect. If any provision of these General Terms and Conditions becomes void, such a void provision shall immediately be replaced by a new provision which shall have a valid form and content, and which shall legally attempt to achieve, to the extent possible, the purpose and intention of the void provision.  

19.6 Croatian law applies to these General Terms and Conditions.  

19.7 These General Terms and Conditions shall enter into force on and apply from 1 May 2022.  

19.8 These General Terms and Conditions have been submitted to the Croatian Regulatory Authority for Network Industries.

                                                                                                                                                                 Director:

                                                                                                                                                                Gregor Hueber