Terms and Conditions
Mezi Námi – consumer-to-consumer shipping service
effective from 1.6.2023
1 General Provisions
These General Terms and Conditions (hereinafter as the "Conditions") govern commercial and legal relations between Zásilkovna s.r.o., with its registered office at Českomoravská 2408/1a, Libeň, 190 00 Prague 9, ID (Identification Number) 28408306, (hereinafter as „Zásilkovna") and the sender of the Shipment, a non-business natural person (without ID) (hereinafter as the "Sender"). These Conditions also govern legal relations between Zásilkovna, and any third parties involved in any legal activities of Zásilkovna. These Conditions are an integral part of every postal contract concluded by Zásilkovna. The conclusion of a postal contract shall be effected upon payment of the Comission in accordance with Article 3.1 of the Conditions.
The Sender acknowledges that the provision of the services of Zásilkovna under these Conditions is conditional upon the use of the mobile application of Zásilkovna (hereinafter referred to as the "Application"). The use of the Application is governed by the Conditions of use of the Zásilkovna Application.
In particular, the Application registers the contractual relationship with individual Senders, electronic data on Senders, Shipments that are the subject of delivery and records data on the status and location of Shipments. Both the Sender and the Recipient are entitled to enter the Application.
By entering his/hers electronic personal data (name, surname, telephone contact, email, or bank account number for payment of the C.O.D.) and completing other installation procedures in the Application, the Sender enters into a contract with Zásilkovna, confirms these Conditions and declares that he/she has read them before entering into the contract, agrees to them and accepts them. The Sender is obliged to provide all his data in the Application truthfully and is entitled to change it only with the consent of Zásilkovna.
The Application is also used by the Recipient when collecting the Shipment via Z-BOX. Without the installation of the Application on the Recipient's mobile device, it is not possible to collect the Shipment from Z-BOX.
The Application can display advertising text and banners on the homepage. Such display does not involve further processing of personal data or tracking of the Sender's activity.
Definition of terms:
Shipment is an item that is handed over by the Sender to Zásilkovna for its delivery to the Recipient.
Recipient is a person who is designated by the Sender as a Recipient of the Shipment.
Consignment Place is a place where the Shipment is handed over to Zásilkovna.
Delivery Place is the address chosen by the Sender to which the Shipments is to be delivered.
Pick-up Point is a place at which Zásilkovna hands over the Shipments to Recipients.
Drop-off Point is a place at which Zásilkovna facilitates the submission of Shipments from Senders.
Z-BOX is an automated machine enabling the submission and dispatch of Shipments.
Pick-up Points and Drop-off Points are operated through third parties other than Zásilkovna and are therefore not Zásilkovna establishments.
Cash on Delivery Shipment or C.O.D. Shipment is any Shipment for which Zásilkovna must collect the price of the Shipment upon delivery to the Recipient.
Cash on Delivery or C.O.D is the amount of money collected by Zásilkovna from the Recipient upon delivery of the Cash on Delivery Shipment.
Services of Zásilkovna includes all operations and services related to the delivery of the Shipment, particularly arranging for the Shipment to be taken over and delivered to the Delivery Place, informing the Recipient about the storage of the Shipment, handing over the Shipment to the Recipient and also collecting the C.O.D. according to the Sender’s order and instructions. Uncollected Shipments shall be returned to the Sender, including Shipments that Recipients refused to take-over. The Services of Zásilkovna are summarized in the Price List and may vary for each country.
Entitled Person is the person entitled to file a complaint or a claim for damages according to the provisions of Article 8.1. of the Conditions.
Return is a Shipment that is returned to the Sender due to not being picked up by the Recipient or for other reasons.
Age Verification Service has the meaning given in Article 2.6 of the Conditions and is charged according to the Price List.
The Stated Value (of the Shipment) means the value of the Shipment to be paid to the Sender in the event of loss of the Shipment, see Article 3.3 of the Conditions.
The Sender is entitled to use only the services offered by the Application when submitting a Shipment. The Conditions also govern services that are under development and therefore may not all be currently available.
2 Parameters of the Shipment
The Sender is entitled to send two types of Shipments: the Standard Shipment and the Oversized Shipment. The Standard Shipments must meet the following requirements:
maximum value of the Standard Shipment – 5.000 CZK / 200 EUR (or an equivalent value in another currency);
maximum weight of the Standard Shipment – 5 kg;
minimum dimensions of the Standard Shipment – 10 × 7 × 1 cm; iv. maximum dimensions of the Standard Shipment – the sum of 3 sides of a max 120 cm (e.g., 50×40×30 cm), max. length of one side 50 cm.
The Oversized Shipments must meet the following requirements:
maximum value of the Oversized Shipment – 5.000 CZK / 200 EUR (or an equivalent value in another currency);
maximum weight of the Oversized Shipment – 15 kg;
minimum dimensions of the Standard Shipment – 10 × 7 × 1 cm; iv. maximum dimensions of the Oversized Shipment – the sum of 3 sides of a max. 150 cm (e.g., 60×50×40 cm), max. length of one side 120 cm.
If the Shipment exceeds the parameters of the Standard or Oversized Shipment, it is an Over-Limit Shipment. If the Sender hands over the Over-Limit Shipment to Zásilkovna, Zásilkovna is at its discretion entitled to:
send the Over-Limit Shipment back at the Sender’s expenses, or
arrange the transport of the Over-Limit Shipment for remuneration according to the valid Price List.
Zásilkovna’s discretion depends primarily, but not exclusively, on the capacity and possibilities of the chosen Delivery Place.
There are several price categories pertaining to accepted Standard and Oversized Shipments, as specified in the Price List.
Zásilkovna notifies the Sender that it is the Sender who is responsible for ensuring that the Shipment meets the requirements. The workers at the Consignment Place are not obliged to check the Parameters of the Shipment.
After the control re-measurement/reweighing Zásilkovna is entitled to label the Shipment as Oversized even if the Sender has not labelled the Shipment as Oversized in the Application.
The Delivery Place of Oversized Shipments can only be a Pick-up Point that receives Oversized Shipments. It is therefore not possible to deliver Oversized Shipments to all Pick-up Points and it is neither possible to deliver it to a Z-BOX.
The following Shipments are excluded from transportation and the Sender is not entitled to hand them over for transport:
those containing goods with a value greater than 5.000 CZK; should the value of the goods in the Shipment exceed 5.000 CZK, the Sender acknowledges that Zásilkovna shall be liable only for damage up to the amount of 5.000 CZK (within the "Stated Value" service). The stated maximum value of damage also corresponds to the equivalent value of the Shipments stated in foreign currency;
those containing items that can cause harm to property or persons (particularly explosives, weapons, narcotics and psychotropic substances, flammables with a low flash point etc.);
those containing substances that are subject to Regulation (ec) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, and as well as poisons, corrosives, radioactive substances, gases, and liquids in pressure vessels;
those containing varnishes, paints, adhesives, and other liquid substances that can be damaged during transport, or may damage or decrease the value of other Shipments or the equipment of Zásilkovna;
those containing live animals, human or animal relics or remains, biological waste, body parts or organs, medical material (blood samples and derivatives), medical waste;
those containing items and substances that are sensitive to changes in temperature and quickly perishable goods such as food, live plants and objects and substances having these characteristics;
those containing perishable goods or goods easily damaged, fragile, with liquid contents and goods which require special protective measures or which it is necessary to handle in a specific manner;
those containing items and substances that with regard to their nature require specific storage space adjustments or special conditions during transportation according to current regulations or specific circumstances;
those whose nature, content, external appearance, characteristics, method of sending or possession is in conflict with the law of the Czech Republic and is therefore illegal or prohibited, particularly with regard to the safety of persons, public order and the rights of third parties;
those exceeding the maximum parameters of the Shipment stated in Article 2.1 of the Conditions;
those whose shape does not form a homogeneous whole in the shape of a block or cube or an envelope. Packages or boxes tied or bundled together and handed over as one Shipment;
those containing originals of identity documents (i.e., birth certificate, identity card, certificate of eligibility, etc.), original vehicle documents (i.e., vehicle registration certificate), etc., original documents containing confidential or sensitive information (such as medical records, accounting documents, etc.) and valuables (i.e., cash, lottery tickets, shares, stamps, precious metals, etc.);
those containing collectors’ pieces or art objects whose price/acquisition can´t be proved in standard way;
Shipments handed over without a label, or non-system Shipments (without prior upload of data of the Shipment to the Application).
Zásilkovna is not obliged to accept Shipments which do not meet the requirements stated in Article 2.1 of the Conditions, or which are excluded from transportation under Article 2.2 of the Conditions.
If the Sender hands over to Zásilkovna a Shipment that does not meets the conditions according to Article 2.1 of the Conditions or is excluded as per Article 2.2 of the Conditions, no contract is concluded and Zásilkovna therefore holds no liability for any damage incurred in connection with the Shipment. In such case, Zásilkovna is entitled to claim damages (particularly for all costs associated with the custody of the Shipment until its receipt by the Sender) for each Shipment which the Sender hands over to procure the transport and which does not meet the conditions set out in Article 2.1 of the Conditions or if it is excluded from the transport according to Article 2.2 of the Conditions. The amount of damages corresponds to the price of the required service specified in the Price List, including storage and transport of the Shipment back to the Sender. Acceptance of a Shipment that does not meet the conditions of Article 2.1 of the Conditions or is excluded under Article 2.2 of the Conditions by the Drop-off Point does not in any way confirm the accuracy of the Shipment or its contents.
The Sender is obliged to wrap the Shipment in a solid and suitable package and simultaneously to reinforce and fill the interior of the Shipment to prevent damage caused during transport, storage, or handling. The Recipient is obliged to object the break / damage of the packaging immediately upon receipt of the Shipment. If the package is not damaged when the Shipment is received, the Recipient is obliged to prove that any damage to the Shipment occurred during transportation.
Transport packaging (boxes, envelopes etc.) must be secured by the Sender (e.g., with tape) to prevent opening.
The Sender may use the Age Verification Service upon handing over a Shipment containing a content for which the Sender is obliged to verify that the person collecting the Shipment is more than 18 years old (i.e. mainly, but not exclusively alcohol and tobacco products) before handing it over to the Recipient, by marking the Shipment as such in the Application. Based on the order of the Age Verification Service, the age of the Recipient is verified before the Shipment is handed over to the Recipient. By ordering the Age Verification Service, the Sender authorizes Zásilkovna to record the name, surname and last 4 digits of the submitted identity card upon handing over the Shipment, The Delivery Place of the Shipments providing the Age Verification Service are exclusively the Pick-up Points in the Czech Republic, Slovakia, Hungary, and Romania.
3 Receipt of the Shipment by Zásilkovna
The Sender shall enter electronic data about the Shipment, the Recipient of the Shipment, Delivery Place – Pick-up Point or other address of the Delivery Place into the Application, pay the Comission according to Article 6. of the Conditions. The Application will then generate a six-digit code (a combination of numbers and letters) used to create a shipping label at the Drop-off Point for the Shipment (the "Code"). The Sender must visibly write the Code on the Shipment packaging.
The Sender may cancel the transport in the Application before handing over the Shipment at the Consignment Place. The transport order is further canceled if the Shipment is not receipt at the Consignment Place within five (5) calendar days. In this case, the Comission will be returned to the Sender.
The Sender is obliged to enter in Application correct, complete and comprehensible data identifying his/her person, the person of the Recipient, the Delivery Place and information about the Shipment.
In particular, the Sender must state the following:
name, surname, or other information enabling identification of the Sender;
name, surname, or other information enabling the identification of the Recipient of the Shipment, including telephone contact and email;
determination of the amount of C.O.D. in the case of a C.O.D Shipment and labelling of the Shipment as a C.O.D. Shipment and specifying the number of the Sender's bank account to which Zásilkovna shall transfer the collected C.O.D;
Stated Value of the Shipment (if it is not stated, the value of the Shipment is considered to be 300 CZK).
As part of the service providing a guarantee of compensation for damage in the event of loss, damage or loss of the contents of a Shipment whose Delivery Place is a Pick-up Point or Z-BOX, the Sender may state the value of the Shipment in the Application (the "Stated Value" service), up to CZK 5,000.00 (five thousand Czech crowns). Damage to the Shipment is then compensated by payment of the amount corresponding to the Stated Value. When using the service, the Sender is obliged to pay the price set out in the Price List. In the event of damage, the price of transport services provided by Zásilkovna shall also be reimbursed by payment of the Stated Value.
Zásilkovna does not guarantee the day or time of delivery of the Shipments. Any statements in relation to the date and time of delivery of Shipments are considered indicative only for informational purposes and are not binding for Zásilkovna in any way.
3A. Submitting the Shipment at the Drop-off Point
The Sender shall hand over the packed Shipment (in particular pursuant to Article 2.5 of the Conditions) at the Consignment Place - i.e. at any Drop-off Point where the Sender shall indicate the Code at the time of handing over. An employee of the Drop-off Point shall label the Shipment and take delivery of it. Acceptance of the Shipment is confirmed in the Application and by an email to the Sender confirming receipt of the Shipment. If the receipt of the Shipment is not confirmed by email and in the Application, no claim can be made as there is no proof of receipt of the Shipment by Zásilkovna. The risk of damage to the Shipment passes to Zásilkovna only upon actual receipt of the Shipment at the Consignment Place (i.e. receipt by a Drop-off Point employee and simultaneous confirmation of receipt in the Application).
A list of possible Shipping Locations is provided in the Application.
The Sender is responsible for the correct labeling of his Shipment before sending. After the transport label has been affixed by the employee of the Drop-off Point to the Shipment, the Sender is obliged to check the correctness of the label. The Sender is obliged to be present at the entry of the Shipment Code into the Zásilkovna’s Information System by the employee of the Drop-off Point. If the Sender submits several Shipments for transport at the same time, they are obliged to affix the transport labels on their individual Shipments themselves and check the correct placement of the transport label on the correct Shipment for each of their Shipments.
3B. Submitting the Shipment through Z-BOX
In the Application, the Sender selects from the list of Z-Boxes the one through which he/she wants to send the Shipment (he/she can use the GPS service to find the nearest Z-Box). At any given time, the Application only offers Z-Boxes that are available to send the Shipment. Within the Application, the Sender then reserves a slot in the selected Z-Box (the slot must be selected according to the dimensions of the Shipment) (hereinafter referred to as "Reservation").
The Reservation is valid for 30 minutes, after that it is canceled, and a new reservation must be eventually created.
A unique Reservation must be created for each individual Shipment, it is not possible to insert multiple Shipments into one slot.
Using the Application, the Sender connects to the selected Z-Box, opening the door of the reserved slot, into which he/she inserts the Shipment with the specified Code (without the label). For this activity, the Bluetooth must be enabled on the mobile device.
Subsequently, the Sender shall confirm the insertion of the Shipment into the Z-BOX in the Application.
The Sender is responsible for closing the door of the slot after inserting the Shipment in the Z-BOX so that third parties cannot access the Shipment.
4 Collection of Shipment by Recipient
The Delivery Place can be:
One of Zásilkovna’s Pick-up Points or a Pick-up Point outside the Czech Republic operated by the contractual partners of Zásilkovna, or
other specific address.
The Recipient is entitled to collect the Shipment during Pick-up Point office hours, generally within 5 calendar days of notification regarding the Shipment's storage. It is possible to prolong the storage time for pick-up of the Shipment in the Application. Zásilkovna is within 1st October to 31st January entitled to unilaterally shorten the time for picking-up the Shipment without the possibility of extension. The notice of such shortening of the time for picking-up the Shipments is to be notified to the Sender at least one week in advance.
If the Delivery Place is Z-BOX, the Recipient is notified of the storage period in the notice of delivery of the Shipment to Z-BOX. The storage time at each Z-BOX may vary. The Recipient must have the Application installed when delivering a Shipment to a Z-BOX, otherwise the Shipment cannot be collected from the Z-BOX.
If the Shipment is to be delivered to a specific address of the Recipient and the Recipient or the person authorized by the Recipient to pick up the Shipment is not reachable, Zásilkovna is entitled to leave the Shipment at the place of central reception (reception or filing office) if there is such a place in the building at the address of the Delivery Place.
Zásilkovna is also entitled, if the Recipient is not reachable at a specific address, to leave the Shipment for pick-up at the nearest Pick-up Point to the original delivery address or in the nearest Z-BOX from Zásilkovna’s perspective.
Zásilkovna is also entitled to change the Pick-up Point selected by the Sender for another, nearest possible Pick-up Point or Z-BOX, especially if the selected Pick-up Point is currently closed or has full capacity.
The Recipient shall be notified about the storage of the Shipment via e-mail or also via SMS, and/or via the Application. This information includes a password designed for identifying the Recipient when picking up the Shipment.
The Shipment shall be handed over to the Recipient after meeting the following requirements:
the Recipient proves their identity through knowledge of the password or by the identity card, and
in the case of a C.O.D. Shipment, the Shipment shall be handed over to the Recipient only after the payment of the full amount of C.O.D.
Should another person pick up the Shipment instead of the Recipient, they are obliged to know the password for picking up the Shipment.
In case of proving the Recipient´s identity through identity card, the Pick-up Point is entitled to record last 4 digits of the submitted identity card number.
Should the Delivery Point be the Z-BOX, the Shipment shall be handed over to the Recipient by opening the relevant box via the Application.
If the Shipment is not collected by the Recipient or the Recipient refuses to accept it (after C.O.D. payment and unpacking the Shipment at the Pick-up Point) the Shipment shall be returned to the Sender to the Pick-up Point that the Sender selected in the Application. If the Drop-off Point of Return was a Z-Box, then Zásilkovna is entitled to return the Shipment to its chosen Pick-up Point. The Sender is obliged collect the Return within 7 days of notification of the delivery of the Return at the Pick-up Point.
If the Return cannot be returned to the Sender in accordance with Article 4.5 of the Conditions, Zásilkovna shall provide storage of the Shipment for a maximum period of a further 21 days. The storage of the Shipment is charged according to the valid Price List. During the storage of the Shipment Zásilkovna may arrange another attempt (or attempts) to return the Shipment to the Sender. However, the storage period of the Shipment is neither stopped nor suspended by doing so.
After the expiration of the storage period of the Shipment, Zásilkovna is entitled to sell the Shipment if
it cannot be handed over to the Recipient and at the same time cannot be returned to the Sender; or
there is a reasonable concern that the contents of the Shipment will deteriorate before delivery at the Delivery Place.
The Shipment or its content shall not be sold if excluded by law.
If possible, Zásilkovna shall disburse to the Sender the proceeds from the sale after subtracting storage costs, selling costs and unpaid parts of commission of Zásilkovna (hereinafter referred to as the “Net profit”). If the Net profit is not disbursed, the Sender has the right to request payment within a period of one year from the date of the handover of the Shipment to Zásilkovna; after expiration of this period the right to payment of the Net profit lapses and the Net profit then passes to Zásilkovna.
The eventual sale takes the form of an internet auction or a direct sale to a third party.
If a Shipment which could not be handed over to the Recipient or returned to the Sender is not sold after the expiration of the storage period, then Zásilkovna shall liquidate it after a period of thirty (30) days expires. Within the same period Zásilkovna is entitled to liquidate the Shipment with partially or entirely damaged contents. Zásilkovna is entitled to liquidate the Shipment or its part before the arranged period, if required so for health and safety purposes.
Disposal of the Shipment is carried out by handing it over to a person authorized to dispose of the waste. The Sender is obliged to reimburse the costs of disposal of the Shipment.
Zásilkovna is authorized to open the Shipment if
it cannot be handed over to the Recipient and at the same time cannot be returned to the Sender according to the contract; or;
there is reasonable suspicion that it contains an item that is according to the Conditions considered to be dangerous; an item whose handing over for transport is not allowed; or an item that is excluded from transport;
it is damaged;
there is reasonable concern that damage has occurred or could occur prior to the handover to the Recipient; or
it is necessary to comply with the obligations imposed on Zásilkovna by a specific legal regulation.
Zásilkovna is not authorized to open any Shipment for which it is evident from its external appearance that it is, under an international agreement forming a part of Czech law, untouchable. Zásilkovna must inform the Recipient of the opening of the Shipment at the handover or inform the Sender when returning the Shipment. When opened, the contents of the Shipment may be inspected only to the necessary extent to ensure the purpose of the inspection. Upon opening, the protection of facts that are protected by special legislation, as well as the protection of postal and letter secrets.
The Shipment shall be opened at the depot of Zásilkovna, under the supervision of at least 2 persons authorized by Zásilkovna for such activity. A report shall be made on the opening of the Shipment and photo documentation shall be taken.
5 C.O.D. Shipments
The Sender shall mark in the Application if Zásilkovna should collect C.O.D. when handing over the Shipment and state the number of the bank account where the selected C.O.D is to be subsequently paid to the Sender.
The C.O.D. shall be collected in the currency of the country where is the Delivery Place of the Shipment.
The C.O.D. shall be paid to the Sender in Czech crowns regardless of the currency in which it was collected. The payment of the C.O.D. in another currency is regulated in the Currency Conversion Rules.
For the C.O.D. Shipment, Zásilkovna shall collect the C.O.D. from the Recipient and send the collected C.O.D. to a bank account determined by the Sender.
C.O.D. collected in the Czech Republic and the Slovak Republic shall be sent to the Sender within a period of ten (10) working days from the date of receipt of C.O.D. from the Recipient, should C.O.D. be sent to the Sender’s bank account in the country in which the C.O.D was collected.
C.O.D collected in any country other than the Czech Republic and the Slovak Republic shall be sent to Sender’s bank account within fifteen (15) working days of the day of collection of C.O.D. from the Recipient. In the same time period C.O.D shall be sent to a bank account in a country other than that in which C.O.D. was collected. Bank charges for any cross-border transactions are borne by the Sender.
Zásilkovna shall not be in default if the amount of the C.O.D. is debited from its bank account to the account designated by the Sender within the aforementioned period.
Zásilkovna is entitled to unilaterally set off against the payment of the C.O.D. its due and unpaid claims against the Sender. In the event of an erroneous payment of the C.O.D. by Zásilkovna (the amount paid to the Sender is higher than the amount of the C.O.D. collected), Zásilkovna shall proceed according to the previous sentence or the Sender shall be obliged to return the unjust enrichment on his side to the bank account of Zásilkovna within seven (7) calendar days from the date on which it was credited to his account.
The entire costs and fees (if any) connected to bank transactions and C.O.D. transfers shall be covered by the Sender.
The C.O.D. may be paid by the Recipient in cash or by an accepted credit card or through the Application. The option of payment of the C.O.D. by credit card is available at selected Pick-up Points.
6 Commission of Zásilkovna
The Sender undertakes to pay a commission to Zásilkovna for the arranging and/or execution of the Shipment transport and other services related to the transport, including the specified costs. The amount of the commission of Zásilkovna is determined in the current Price List. The decisive criteria for the amount of the commission shall be, in particular, the type of chosen and agreed service, parameters and/or dimensions of the Shipment, the Consignment Place and the Delivery Place.
The Sender undertakes to pay Zásilkovna the commission for all operations, including additional and above-standard services, surcharges and other services ordered by the Sender in the amount according to the current Price List. If the dimensions and weight of the Shipment identified by Zásilkovna differ from the parameters of the Shipment specified by the Sender, the parameters identified by Zásilkovna are decisive for determining the commission.
In addition to the commission for arranging the transport of the Shipment, the Sender is obliged to pay to Zásilkovna the additional commission, particularly for the following items:
commission for collecting the C.O.D. The right to commission also arises from a Return;
surcharge for customs services (if used by the Sender);
other surcharges for additional services, e.g., surcharge for the Specified Value of the Shipment;
commission for the Age Verification Service. The right to commission also arises from a Return.
Zásilkovna is entitled to the payment of the commission (including all related items, e.g., C.O.D. collection) upon handing over of the Shipment at the Consignment Place. The Sender is obliged to pay the full price for the delivered Shipment for the Return according to the Article 4.5 of the Conditions, regardless of whether it is a Shipment with the C.O.D or without.
The amount of the commission is determined by the Price List valid on the day of entering the electronic data of the Shipment into the Application.
The Sender is obliged to pay a commission when entering electronic data about the Shipment into the Application before handing over the Shipment at the Consignment Place, through the payment gateway in the Application. The Sender can also save the card for other payments in the settings of their account in the Application. For online payment, the card must be issued in the EU.
Payment of the commission will be confirmed to the Sender in the Application and as well by email.
Zásilkovna reserves the right from time to time and without prior notice to change the fuel and other surcharges listed in the Price List or on Zásilkovna's website. The amount of surcharges and the period of validity is at the discretion of Zásilkovna. By submitting the Shipment, the Sender undertakes to pay the surcharges applicable at the time of submission of the Shipment. Details regarding the currently established surcharges are available on the Zásilkovna’s website. The seasonal surcharge depends mainly, but not exclusively, on the delivery date of the Shipment, capacity utilization, demand, and operating costs.
7 Liability for Damage
Zásilkovna shall be liable to the Entitled Person for any damage caused by loss, damage or loss of the contents of the Shipment during transit. If the packaging of the Shipment was not damaged during shipment, the Entitled Person must prove that the damage to the Shipment actually occurred during shipment. Zásilkovna shall compensate for the damage unless it proves that the damage could not have been prevented. In the event that the Sender is in default in accepting the returned Shipment, the risk of damage shall pass to the Sender at the moment of the beginning of such default.
Damage means a change in condition, i.e. a change in the quality, dimensions, structure, permanence, composition of the items comprising the Shipment that can be remedied by repair, or a change in condition that cannot be remedied by repair but is still usable for its original purpose.
Destruction means such a change in the condition of the items constituting the Shipment that cannot be remedied by repair and the item can no longer be used for its original purpose.
Zásilkovna shall be liable for damage to the Shipment, and only for actual damage, not for any other damage, and shall not be liable for the Sender's lost profits, delay penalties, contractual penalties, fines, third party claims, or the Shipper's obligations to third parties, or other consequential damages.
Zásilkovna shall be liable for actual damage to the Shipment whose Delivery Place is the Pick-up Point or Z-BOX up to the amount of CZK 300,- if the Sender has not selected the Stated Value service, otherwise up to the amount of the Stated Value. For Shipments whose Delivery Place is another specific address of the Recipient, Zásilkovna is liable for actual damage up to CZK 5,000.
In the event of damage within the scope of the Stated Value service, the Sender is obliged to submit an affidavit confirming that the Shipment has been properly packed and providing a bank account number for compensation.
Zásilkovna shall not be liable for damage incurred to the Shipment in the period from the takeover of the Shipment to its hand over to the Recipient, if such damage is caused by:
the Sender, the Recipient, the owner of the Shipment, or a person who handled the Shipment before its handover at the Consignment Place;
any defect of the Shipment, either in its innate nature or by its normal decrease;
defective or insufficient Shipment packaging, or inappropriate manner of packaging;
if the Sender submits a Shipment (goods) for transportation that is excluded under Article 2.2 of the Conditions.;
incomplete, incorrect or misleading information from the Sender about the contents and nature of the Shipment.
The Sender is liable for damage caused by the Shipment or its contents which the Sender has handed over for transportation. The Sender is also liable for any damage caused by this to third parties.
Zásilkovna is not obliged to insure the Shipment.
8 Claiming damages, claiming defects in the service provided
The Sender shall file claims for damages from Zásilkovna in case of any damage incurred before the Shipment was delivered to the Recipient. After the delivery of the Shipment to the Recipient, the Recipient shall file claims for damages. The Recipient and the Sender (hereinafter referred to as the "Entitled Person") may make a claim for a defect in the postal service delivered.
If the claim of the Shipment is already filed at Zásilkovna by a person other than the EntitledPerson, Zásilkovna shall continue to handle the claim with the Entitled Person.
The Entitled Person is obliged to claim compensation for damage or claim for defects in the service provided by filling in the form at www.zasilkovna.cz/reklamace.
The Entitled Person is obliged to claim compensation for damage to the Shipment without undue delay after becoming aware of the damage to the Shipment, but no later than within five (5) working days of receipt of the Shipment by the Recipient or the Sender, pursuant to the Article 8.3 of the Conditions.
The Sender must file a claim for loss of the Shipment, including a claim for damages for loss of the Shipment, within twenty (20) calendar days from the date of delivery of the Shipment to Zásilkovna. Otherwise, the claim for damages shall expire.
The Entitled Person is entitled to claim a postal service defect without undue delay after becoming aware of it, but no later than 20 days from the date of delivery of the Shipment to Zásilkovna.
The Entitled Person acknowledges that the Pick-up Points are not establishments of Zásilkovna within the meaning of the relevant law and the Pick-up Point is not obliged or even entitled to accept the claim, i.e. the application of defects from defective performance by the Entitled Person on behalf of Zásilkovna.
The Recipient is obliged to inspect the Shipment upon receipt and in case of obvious and on packaging noticeable damage of the Shipment, they are entitled to open the Shipment, observe the contents of the Shipment, and eventually not accept the Shipment. Once the Recipient leaves the Pick-up Point with the Shipment and subsequently wants to claim damage to the Shipment, he/she is required to prove that the Shipment was damaged during transportation.
The Authorized Person is obliged to enable Zásilkovna to, at its request, observe the scope of damage of the Shipment personally and physically, including the preservation of the transport packaging.
If the Authorized Person fails to meet the obligations stated in Articles 8 and 9 of the Conditions, it shall be deemed that the damage to the Shipment for which Zásilkovna is liable has not occurred.
In order to make a claim for compensation, the Entitled Person must submit, in particular, the following documents no later than fourteen (14) calendar days after making the claim, otherwise his/her claim can no longer be taken into account and is not considered timely and properly filed
photo documentation of Shipments with partial loss or damage; the photo documentation must also include photographs of the packaging as well as the contents of the Shipment so that it is possible to assess whether the damage to the Shipment is causally related to the damage to the packaging;
proof of the purchase price of the Shipment (its contents) or an affidavit of the value of the Shipment (if the Stated Value service has not been used);
the expert assessment of the service center, repair shop or any other person who has performed repairs to the Shipment, if the Shipment has been repaired after the event of damage, or if the circumstances of such event required so;
in case of a lost Shipment, Sender is obliged to prove his/her claim with a sworn statement from the Shipment Recipient, in which the Recipient shall confirm with his/her signature that the relevant Shipment was not delivered to him/her. The sworn statement must contain particularly information about the Recipient of the Shipment (name, surname) and the number of the Shipment that was not delivered.
Zásilkovna is obliged to comment on the claim for compensation within thirty (30) days of the date of the claim. This period shall be extended by the time during which the Entitled Person has not delivered all the documents referred to in Article 9.2 of the Conditions. In the event that the claim is not settled within the aforementioned period, the Entitled Person may withdraw from the contract or demand a reasonable discount.
In the event that the lost Shipment, or part thereof, is found, the Sender's claim for compensation for damage to the Shipment shall be deemed to have been settled at the time when the Sender or the Recipient regains possession of the Shipment. If the Shipment has been found by the Sender or Recipient, the Sender shall notify Zásilkovna immediately and, if the damage has already been compensated, shall reimburse Zásilkovna for the amount paid.
Zásilkovna shall reimburse the Entitled Person for the damage within 30 days of acknowledging liability for the damage to the Shipment, based on an affidavit issued by the Entitled Person regarding the value of the Shipment.
Compensation for damages shall also cover the cost of the services provided by Zásilkovna.
9 Extrajudicial Settlement of Consumer Disputes
In the event that a dispute arises between Zásilkovna and the consumer, which cannot be resolved even by mutual agreement of both parties, the consumer may file a motion for out-of-court settlement of such dispute. The entity is the Czech Telecommunications Office, Sokolovská 219, 190 00 Prague 9, website: www.ctu.cz/ochrana-spotrebitele.
10 Final Provisions
In the event of concluding a contract with an international element, the contracting parties expressly agree that the legal relations between them will be governed by the law of the Czech Republic.
If any provision of the Conditions, or part thereof, is held invalid for any reason, it shall be deemed omitted for that purpose. This shall not affect the validity of the remaining parts of the Conditions.
These Conditions, including all attachments, are made available to the Sender in the Application and also on the website www.zasilkovna.cz. The Conditions in force on the date the electronic Shipment data is entered into the Application shall apply.
These Conditions are an integral part of every postal contract concluded by Zásilkovna. The Conditions meet the requirements of the postal conditions pursuant to Act No. 29/2000 Coll., on Postal Services, as amended.
Legal relations not regulated by these Conditions are governed by Act No. 29/2000 Coll., on Postal Services, as amended, and Act No. 89/2012 Coll., the Civil Code, as amended