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1. Terms and their implementation
1.1 T grupp OÜ (hereinafter: Cargobus) general terms of services stipulate and regulate the relationship between Cargobus and the customer (hereinafter: party or parties) and the service provision procedure.
1.2 The general terms are an integral part of the service contract concluded between Cargobus and the customer, and they apply to all contracts related to parcel delivery service and shipment transport, which are concluded between Cargobus and the customer.
1.3 In the general terms are defined the stipulated rights and obligations of Cargobus and the customer and used terms.
1.4 In addition to the general terms, the parties are subject to the contract, price list, special terms of service and other service-related terms specified by Cargobus, which are available on the Cargobus website or self-service (all the above-mentioned documents hereinafter referred to as contract documents).
1.5 When providing services, Cargobus is based on the Convention on the International Carriage of Goods by Road (CMR), the 2015 general terms of the Estonian Logistics and Freight Forwarding Association (ELEA), the law of debt and the laws of the Republic of Estonia, which is not regulated by contract documents.
1.6 The special terms of service are stipulated in the contract and terms of services, but may also result from other contract documents.
1.7 Cargobus may change its established general terms, terms of services, price list and other service-related terms if this is required by changes in relevant legislation, a new service is introduced, a service is changed or the current service is terminated.
1.8 Cargobus informs about changes to the contract documents on its website www.cargobus.ee at least 30 (thirty) calendar days before the change takes effect. The customer will not be notified of changes separately. If the customer continues to use Cargobus services after the changes come into effect, he is deemed to have accepted the terms of the changes.
1.9 General terms related to the provision of services, terms of services, price lists, etc. are available on the Cargobus website www.cargobus.ee.
1.10 The contract for the provision of services may be concluded in any form, for example in writing or in a form enabling written reproduction or through self-service. Also, the moment when Cargobus has started to fill the order is considered to be the signing of the contract.
2. Listed terms
2.1 Cargobus's homepage or website and the self-service – www.cargobus.ee.
2.2 Parcel – a properly packaged and marked item. The dimensions and weight of the parcel must comply with the terms of Cargobus, which can be found on the website www.cargobus.ee, in self-service or in the written agreement between the parties. The customer undertakes to ensure that the parcel meets the terms established by Cargobus.
2.3 Courier parcel – a parcel whose actual weight does not exceed 30 kg, the longest side up to 2.5 m, the sum of the longest side and the circumference of the parcel does not exceed 3 m.
2.4 Shipment – courier parcel/courier parcels, parcel/parcels or pallet/pallets sent from one address to one address, with a consignment note and properly packaged and marked.
2.5 Oversized shipment – a shipment whose dimensions or weight exceed the weight or dimensions of the courier parcel.
2.6 Pallet – a pallet that ensures the permitted load capacity of the goods and enables safe handling of the shipment.
2.7 Customer – a person or a legal person who orders Cargobus services.
2.8 Sender – the party who wishes to send the shipment and hands it over to Cargobus and is responsible for the contents of the shipment and its proper packaging.
2.9 Recipient – the party to whom the shipment is to be delivered and who has the right to receive the shipment.
2.10 User – any person or legal person who uses the Cargobus website in accordance with these terms.
2.11 Payer – the party who pays for the service, the payer can be both the sender, the recipient and a third party who orders the service.
2.12 Source address – the address from which the shipment is received.
2.13 Destination address – the address to which the shipment will be delivered.
2.14 Actual weight – the weight obtained by weighing the shipment in kilograms.
2.15 Volumetric weight – the weight obtained by multiplying the length, height, width and volumetric weight unit of the shipment by 1 m3 = 250kg.
2.16 Additional service – a service that is additional to the basic service, for which is the right to charge an additional fee.
2.17 Cargobus self-service – an online environment for placing shipment orders, printing parcel labels and paying for services.
2.18 Consignment documents – documents that are necessary for the official actions related to the shipment.
2.19 Business day – all days of the week, except Saturday, Sunday, public holidays and some other exceptional cases.
2.20 Order – the request submitted by the customer to Cargobus for the transport of shipments. The order contains the source address, a destination address, sender, recipient and payer data and all other necessary information about the shipment.
2.21 Compensation – compensation paid in the event of damage or loss of a shipment. The compensation does not extend to shipments that belong to the category of prohibited and unsolicited shipments (see "Prohibited and unsolicited shipments" for more details).
2.22 Weight and Dimensions – the price is calculated based on the weight and dimensions of the shipment. It is based on the weight and dimensions specified in the order, if in the course of providing the service it turns out that the actual weight or dimensions of the shipment are greater than specified in the order, then Cargobus proceeds on the actual weight and dimensions.
2.23 Empty ride/Delivery attempt – a ride made in connection with the delivery or reception of a shipment, in which it is not possible to receive the shipment from the sender or to hand over the shipment to the recipient for reasons beyond the control of Cargobus or the courier. Cargobus has the right to charge the customer for an empty ride based on the price list.
2.24 Parcel notice – a notice sent by message, e-mail or in another way, which informs about the arrival of the shipment, delivery time, change of delivery time, etc.
2.25 Parcel label – proper information affixed, attached or written on the shipment, which is necessary for the provision of the service.
2.26 Cash on delivery – an additional service for the shipment, in which the customer authorizes Cargobus to collect a specified amount from the recipient upon delivery of the shipment.
2.27 Carrier/Partner – cooperation partner who cooperates with Cargobus on the basis of the contract.
3. General information
3.1 T grupp OÜ is the owner and operator of the website www.cargobus.ee.
3.2 The purpose of the website is to offer a simple and distance-independent way to order courier and delivery services.
3.3 These terms stipulate the conditions and restrictions for the use of the Cargobus website and the information found on it, which are mandatory for all users. Cargobus has the right to limit the terms at any time, the changes take effect from the moment they are published on the website.
3.4 Any personal information that the user voluntarily provides to Cargobus is processed in accordance with the Personal Data Protection Act.
3.5 The website does not use the user's personal data, with the exception of information that the user has voluntarily submitted when registering as a user or using some of the e-services offered through the website.
4. Access to the website
4.1 The website is accessible to all Internet users.
4.2 Cargobus ensures the accessibility of the website 24/7.
4.3 Cargobus is not responsible for situations where the website is not accessible due to force majeure.
4.4 The website may be unexpectedly down as a result of damage or upgrade to the system, as well as any other unpredictable circumstances.
5. Cargobus's rights and obligations
5.1 Cargobus ensures shipment delivery in accordance with the terms of the service chosen by the customer.
5.2 Cargobus has the right to refuse to accept and transport an improperly packaged shipment or to return an improperly packaged shipment to the sender. If necessary, Cargobus has the right to demand an additional fee from the customer for the correct packaging of the shipment.
5.3 If the customer is late in paying the invoice for more than 7 (seven) calendar days, Cargobus has the right to limit the provision of the service.
5.4 If the customer has exceeded the invoice payment deadline by 30 (thirty) calendar days, Cargobus has the right to hand over the claim to a debt collector for collection. The customer pays all associated costs and collection service fees that accompany the collection of the debt in addition to the amount of the outstanding invoice.
5.5 In case of exceeding the payment deadline, Cargobus has the right to suspend the provision of services and use the right of lien in accordance with § 803 (1) of the Law of Obligations Act to secure the claims arising from the provision of the service along with the shipment together with the accompanying documents.
6. Customer/User rights and obligations
6.1 The sender is responsible for the correctness of the order data and the proper packaging of the shipment. The packaging must protect the shipment in such a way that the contents do not move, do not protrude from the package, and cannot be damaged during crushing, handling and transportation of the shipment. The packaging must prevent access to the contents of the shipment without damaging the outer packaging. The shipment must be packaged, taking into account its type so that the shipment is protected against partial loss and damage, and does not cause damage to other shipments, means of transport, the environment, and persons handling the shipment.
6.2 The sender is responsible for the correct marking of the shipments. Every shipment must have the sender and receiver's data and, if necessary, all warning and/or special handling markings. The marking must be easy to read, be located in a visible place and be well attached.
6.3 In the case of international shipments, additional documents and additional information about the shipment may be required. It is the customer's responsibility to provide Cargobus with all necessary information before and after completing the order. Cargobus does not take responsibility or consider claims for shipments that cannot be delivered due to insufficient information or documentation. The customer undertakes to cover all additional costs that arise in this case.
6.4 When placing an order, the weight, dimensions and, if necessary, a description of the contents of the shipment, the correct name and surname/company name of the sender and recipient, address, postal code, e-mail address, a local telephone number must be provided accurately and clearly. In case of inaccurate or incomplete data, Cargobus and its partners have the right to refuse to accept or deliver the shipment. Cargobus has the right to demand an additional fee from the customer for the correction of incomplete or incorrect data. Cargobus also does not take responsibility if the delivery of the shipment is delayed due to incomplete or incorrect data.
6.5 The sender and recipient of the shipment agree to transport the shipment by land, sea and air and are ready to provide all the information and documentation necessary for the delivery of the shipment.
6.6 In the case of delivery when the shipment is issued directly from the bus to the recipient, the sender guarantees that the shipment will be received by the recipient at the expected arrival time of the bus at the destination, or due to weather conditions, technical failure, traffic accident or other reasons, at the actual time of arrival of the bus at the destination. Cargobus is not responsible for the consequences of the customer's refusal to hand it over. For example, if the recipient was not at the agreed destination when the bus arrived. The customer is obliged to pay all additional costs associated with the recipient not appearing at the destination on time.
6.7 The customer is fully responsible for all costs incurred through the fault of the sender or recipient of the shipment.
6.8 The customer undertakes to pay Cargobus a fee for the provision of services based on the valid price list.
7. Delivery delay and other difficulties
7.1 The parties shall not make any claims against each other in case of non-fulfilment of any of the terms of this contract, if the performance of the contract is not possible due to public disturbances, natural disasters, civil wars, riots, strikes, hostilities or other events beyond the control of the parties, or if the shipment is delayed or its transportation is prohibited for any reason due to compliance with laws, legislative acts or regulations.
8.1 Cargobus is responsible for damage, reduction and loss of the shipment from the moment of receipt of the shipment to the moment of handover and Cargobus is also responsible for delivery delays.
8.2 Cargobus is not responsible for damage, reduction, loss, delivery delay of shipment and other damages, including damage to third parties, if it is caused by:
8.2.1 Mistake on the part of the customer or breach of contract terms.
8.2.2 Incorrect or incomplete shipment marking.
8.2.3 Lack of packaging or incompletely packaged shipment.
8.2.4 Due to the characteristics of the sent good, e.g leakage, spoilage, breakage due to its own weight, corrosion, etc.
8.2.5 Breach of obligations or damage due to force majeure.
8.3 Cargobus, its employees, partners and agents are not responsible for a lost, reduced or damaged shipment if no written claim has been received from the customer within 7 (seven) calendar days after handing over the shipment.
8.4 If it is proven that the delay in delivery of the shipment has caused damage to the customer, then the customer has the right to demand compensation in an amount that does not exceed the shipping fee for the delayed shipment.
8.5 The shipment is considered late if it did not reach its destination within 3 (three) days for domestic transport and 10 (ten) days for international transport, counting from the deadline assumed when the shipment was processed.
8.6 The shipment is considered lost in accordance with § 791 of the Law of Obligations Act if it has not been delivered within the delivery term or within a period of time equal to the subsequent delivery term, but not less than 4 (four) days, in the case of international transports not less than 30 (thirty) days. If the delivery term has not been agreed upon, the shipment is considered lost if it has not been delivered within 60 (sixty) days from the handing over to the carrier.
8.7 The liability of Cargobus and its partners in case of loss or reduction of the shipment cannot exceed the actual value of the goods. Compensation is calculated on the basis of the price stated in the invoice.
8.7.1 Compensation for damaged goods or parts can be done by restoring, replacing or financially compensating the shipment or its part. Cargobus has the right to decide in which way the compensation will be made. The ownership of goods or their parts compensated by Cargobus is transferred to Cargobus.
8.7.2 The customer must prove that the damaged goods have no residual value.
8.7.3 Cargobus is liable for damage or loss of the shipment in accordance with the CMR convention in the amount of up to 8.33 SDR per kilogram of the gross weight of the damaged or lost shipment. The SDR is the unit of account of the International Monetary Fund (IMF) and its size depends on the published exchange rate.
8.7.4 If the customer has chosen full insurance of the shipment as an additional service, the damage will be compensated according to the term of the chosen insurance service.
8.8 In case of loss, reduction or damage of the shipment, Cargobus must compensate for the loss or damage, taking into account the limitations specified in clause 8.7 of these terms. Cargobus does not compensate for other damages (loss of income, non-property or moral damage).
8.9 Cargobus is not responsible for damage caused to the customer if a third party enters the portal and/or uses it using authentication data in the user's possession.
9. Submission of claims and complaints
9.1 All complaints and damage claims regarding shipment damage, reduction, loss and/or delivery delay must be submitted by the customer to Cargobus in written form together with documents proving the claim.
9.2 If damage or loss of the shipment can be detected by external inspection when receiving delivery of the shipment, Cargobus must be notified immediately.
9.3 If it was not possible to detect damage or loss of the shipment by the recipient immediately upon receipt, the customer may submit a claim to Cargobus no later than 7 (seven) calendar days from the day the shipment was handed over to the recipient.
9.4 If the shipment is not delivered on time and it is considered lost, the customer must submit a claim within 7 (seven) calendar days. The claim with all necessary additional documents must be submitted within the prescribed time. In addition to the compensation request, the damaged shipment must be submitted together with the packaging for examination. After the deadline, Cargobus has the right to refuse to accept the documents.
9.5 The claim registration date is the day when the claimant receives confirmation of the claim registration from Cargobus customer service.
9.6 The customer understands and agrees that if the claim is not submitted by the deadline, he loses the right to compensation.
9.7 In all other cases, Cargobus is only liable if the customer submits a written claim to Cargobus immediately and in no case later than is stipulated in the legislation governing the transport.
9.8 Documents required to fill a claim:
9.8.1 The claim form with all required additional documents can be found on the Cargobus website www.cargobus.ee.
9.8.2 Any other documents, if any, that may assist in processing the claim.
9.8.3 Cargobus has the right to demand the damaged shipment together with the packaging for the purpose of examination.
9.8.4 The customer also has the right to submit a damage assessment report to an independent commission.
9.8.5 All documents listed in clause 9.9 must be submitted electronically.
9.9 All disputes that arise between Cargobus and the customerwill be resolved through mutual negotiations within 30 (thirty) calendar days. If the dispute cannot be resolved during the negotiations, it will be resolved in accordance with the normative acts of the Republic of Estonia.
10. Handing over the shipment to the carrier
10.1 The sender hands over the shipment to the carrier at the address and time specified in the order.
10.2 When receiving the shipment, the carrier has the right to check the external condition of the shipment and to require additional notes to be made on the consignment document about the markings, numbering, external condition and other important facts. If the sender does not agree with the carrier's notes and refuses to sign them, the carrier has the right to refuse to accept the shipment.
10.3 The carrier is not obliged to assess the suitability of the outer packaging of the shipment for the transport of a specific item.
10.4 The carrier reserves the right not to accept unpackaged, poorly packaged, unmarked or incorrectly marked shipments. The courier has the right not to wait if the shipment is not ready for handing over upon his arrival.
10.5 Cargobus and the carrier cannot prevent the competent national institutions from opening and inspecting any package of the shipment.
10.6 The customer (as well as the sender when handing over the shipment) agrees that the competent national institutions have the right to inspect the shipments without interference.
11. Handing over the shipment to the recipient
11.1 When delivering the shipment to its destination, the carrier must hand it over to the addressee specified in the transport order.
11.2 Shipments are delivered to the recipient's address specified in the transport order.
11.3 The customer is responsible for ensuring that the recipient of the goods accepts the shipment in accordance with the procedure specified in these terms.
11.4 The receiver must check the external condition of the shipment together with the carrier when receiving the shipment.
11.5 If the recipient notices upon receiving the shipment that its outer packaging has been damaged or the shipment has been reduced, a free-form act must be drawn up immediately about the defects and, if possible, pictures of the damage.
11.6 If circumstances arise that complicate the handing over of the shipment, there are no technical possibilities to unload the shipment, the recipient is not there to receive the shipment, the recipient refuses to accept the shipment, or the recipient refuses to pay the fees specified in the transport order, then the customer must be asked for further instructions.
11.7 If additional instructions are not received within 12 (twelve) hours, Cargobus has the right to return the shipment to the sender at the customer's expense. If the sender refuses to accept the returned shipment, Cargobus reserves the right to unload the shipment and hand it over for storage in the warehouse until receiving instructions from the customer, but the service is considered to have been provided.
11.8 The customer compensates Cargobus for all costs related to the provision of the service mentioned in clause 11.7 of these terms, the cost of transporting the shipment, returning the shipment, storage service and, if necessary, the cost of destruction/disposal.
12. Prohibited and unsolicited shipments
12.1 Unpackaged or not properly packaged and non-standard shipments, unless there is a prior agreement with Cargobus representatives.
12.2 Items illegal to transport:
12.2.1 Valuables, jewellery, artwork, antiques, precious metals, precious stones, cash, lottery tickets, checks, bonds, shares, promissory notes and other documents and items that, in the event of damage, cannot be restored, reconstructed or replaced with equivalent items.
12.2.2 Weapons, ammunition, explosives, drugs, cigarettes, alcohol, substances or products that, due to their chemical or physical properties, may harm human health, safety, the environment or property.
12.2.3 Live animals and plants, human remains or body parts, perishable foods, products and items, the transport of which requires special equipment, special precautions, permits, special temperatures, humidity or other special conditions.
12.2.4 Other items, the transport, import or export of which is prohibited in other countries, where the transport of goods is carried out in accordance prescribed by the laws there, or items for the transport, import or export of which Cargobus and its partners should have a special permit or license.
12.2.5 Cargobus is not responsible for the shipments mentioned in clause 12.2 of these terms.
12.3 If the customer orders transportation of prohibited items, hands prohibited items over or allows their transport in any other way, the customer assumes full responsibility for the results of all such activities and undertakes to cover direct damages caused to Cargobus in this way if such damages occur and are justified by legal with documents. If Cargobus discovers that the shipment contains prohibited items, Cargobus has the right, due to the ADR convention, to destroy the shipment at the customer's expense.
12.4 Depending on the purpose of sending the shipment and in connection with various control formalities, additional limits may be applied to certain goods and the time required for delivery may be extended. Cargobus and its partners have the right not to accept shipments that are subject to such restrictions due to security or safety considerations.
13.1 The valid price list of Cargobus services is published on the website www.cargobus.ee.
13.2 The customer can pay for the services in cash, with a credit card and with other payment solutions that are enabled on the Cargobus website.
13.3 The customer can pay for the services by bank transfer based on the invoice. The order is considered accepted when the money transfer has taken place.
13.4 Contract customers of Cargobus can pay for services according to the terms agreed in the current contract and reflected in the invoice.
13.5 Cargobus service tariffs are formed according to the terms of the service chosen by the customer.
13.6 The price of the shipment is determined according to the shipment data provided by the customer: dimensions, weight, special handling, source address, destination address and all other important data that is necessary to know for the transportation of this shipment. When filling the order, Cargobus checks the shipment data, and if it turns out that the data provided by the customer were not true, then Cargobus has the right to present the customer with an additional invoice based on the real data.
14. Storage, preservation and destruction
14.1 Shipments are stored in the Cargobus warehouse for free for the first 7 (seven) days and for the rest of the time for an additional fee of 1 (one) euro per day. The shipment will be handed over to the recipient after payment of the storage and transportation fee.
14.2 Shipments not delivered due to the impossibility will be stored for 6 (six) months from the first occurrence of the impossibility of delivery.
14.3 Cargobus may immediately destroy shipments not delivered due to the impossibility, the contents of which are perishable or contain advertising or marketing print.
14.4 If the sender or recipient has not claimed the shipment within the time specified in clause 14.2 of these terms, Cargobus will arrange for its sale or destruction.
14.5 The written notice and low-value items included in the shipment will be destroyed after the time specified in clause 14.2 of these terms has passed. Other contents of the consignments are sold on the condition that they do not violate the privacy of the sender or the recipient.
14.6 Items/goods deposited by the customer are stored as agreed in the contract.
14.6.1 Cargobus has the right, without prejudice to the application of lien provisions, to publicly sell items/goods entrusted to Cargobus, if the depositor does not remove the stored goods after the expiration of the contract term or after the end of the agreed storage period. Cargobus has the right to sell or have the goods entrusted to its care, without completing any formalities, at the place, in the manner and under the conditions that Cargobus deems appropriate, publicly or in any other manner permitted by law. The sale takes place at the depositor's expense, and Cargobus covers all claims owed to Cargobus by the depositor from the proceeds.
14.6.2 If it is likely that the cost of the sale will be greater than the income, or if buyers cannot be found despite reasonable attempts to find them, Cargobus has the right to remove or destroy the items/goods. All claims increased by the cost of removal or destruction shall be the responsibility of the depositor.
15. Validity of terms
15.1 If any of the terms are in conflict with valid international law, the law of the Republic of Estonia, a decision of the government or ministry of the Republic of Estonia, or with what is required in some other legislative act, then this term remains valid as part of the contract between Cargobus and the customer, insofar as it does not conflict with the mentioned legislative acts. Any invalid provision shall not affect the validity of any other part of these terms.
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