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Terms of services

1.    The terms used in the instructions
1.1.    Supplier - LLC “DiamondTS”, registration number 40103283820, which undertakes to ensure receipt, sorting, completing of the purchases and packages (packaging units) bought in the Internet stores according to the order made in the system of the site www.ebaypiegade.lv (iepakojuma vienību) at the address in Great Britain and Germany, as well as ensure transportation of the Postal item from Great Britain and Germany to Latvia.
1.2.    Customer – a physical or legal person who is an authorized recipient of the Postal item and to whom the Postal item is delivered or issued according to the order on www.ebaypiegade.lv made electronically.
1.3.    Website – a platform of www.ebaypiegade.lv in which the Customer logs in, enters and saves his/her personal data, makes orders and assigns the Supplier to receive, store and transport the Postal items purchased and paid by the Customer.
1.4.    Postal item – any courier mail items or cargoes (a box, package, roll, palette, container, motorcycle, etc.) received at the Supplier’s address of Great Britain and Germany, or picked up at the Seller’s address indicated in the Customer’s order in Great Britain or Germany and transported to Latvia and issued/delivered to Customer.
1.5.    Seller – a Customer’s business partner (eBay seller, Internet store, company or private person) from which/whom the Customer has bought and paid Postal items remotely or personally, or is authorized to assign transportation of the Postal item to the Supplier.
1.6.    Warehouse– the Supplier’s representative office address in Great Britain or Germany which provides receipt, storage, sorting, forwarding, etc. services of the Postal item.
1.7.    Order – an application for transportation of the postal item drawn up in the Website, by which the Customer assigns and authorizes the Supplier to receive the Postal item in the Warehouse or pick it up from the Seller and transport to Latvia.


2.    Logging in the Website and application for the service, Customer’s obligations
2.1.    The Customer  shall create and activate a user’s account in the Website. Upon establishing and activating the user’s account in the Website, the Customer confirms that he/she has acquainted himself/herself with the Privacy policy, as well as his/her personal data processing. The Customer shall draw up the application for Postal item transportation according to the instruction published in the section “Usage instruction” and “Frequently asked questions” of the Website.  Upon making an order, the Customer confirms that he/she has has acquainted himself/herself and agrees to the Usage instructions of the service to the substance, has understood the meaning of these instructions and agrees to observe them.
2.2.    The Customer’s obligation is to draw up the Order on the Website immediately from the moment of making a payment to the Seller, but not later than one day before the planned delivery date of the Postal item to the Warehouse. The Order made by the Customer on the Website shall be valid for 30 (thirty) calendar days from the date of making the Order. If the Postal item has not been received within  this term in the Warehouse, the made Order shall be automatically deleted from the Website.
2.3.    Making an order of the Postal items to be picked up at the Seller’s address shall be duly performed by taking into account the fact that the Supplier has to plan transportation of the Postal item several working days in advance and inform the Seller about the planned transportation.

3.    Packing of the Postal item for safe transportation
3.1.    During the transportation the Postal item must have the packaging which ensures safe transportation and storage of the Postal item so that it was not possible to damage the content of the Postal item without damaging the packaging.
3.2.    The content of the Postal item packaging may not move freely inside the packaging during reloading and transportation of the Postal item. The content of the Postal item must be packed in the packaging of appropriate size.
3.3.    If the external packaging of the Postal item is not deformed and torn, the Customer shall undertake responsibility for the damages of the content of the Postal item which could be caused as a result of improper packing of the Postal item. In such cases the Customer shall be entitled to turn to the Seller with a claim, while the Supplier shall be released from  any responsibility.
3.4.    It is forbidden to insert the objects and things in the packaging of the Postal item whose total weight exceeds the weight stated by the packaging manufacturer and which may be physically born by the packaging of the Postal item.
3.5.    The Supplier shall ensure additional packing of the Postal item of the Customer’s Postal item in the cases if there is doubt about safe delivery of the postal item to the Customer from the Seller. The Supplier shall be entitled to apply an additional payment in the amount of +10-15% for additional packing of the Postal item to the transportation price. Additional packing of the Postal item shall only be provided for the service “Direct delivery from the Seller”.


4.    Direct delivery from the Seller’s address
4.1.    Making an order of the Postal items to be picked up at the Seller’s address shall be made duly by taking into account that the Supplier has to plan transportation of the Postal item several working days in advance, as well as inform the Seller about the planned transportation.
4.2.    Transportation from the Seller’s address shall be organized by the closest possible flight after successful making of the order on the Website. The transportation shall be planned on the days and time intervals determined in advance. The information about the transportation date and time intervals will be automatically sent to the mobile phone number of the Seller’s contact person indicated in the application 1-2 days before the planned transportation.
4.3.    Upon delivering the Postal item to the Supplier, the Seller must not unreasonably hamper the Supplier’s courier, nor must the Customer upon receipt of the Postal item from the Supplier. Otherwise a fee shall be calculated for the period of waiting –  EUR 30.00 (thirty euro, 00 cents) per hour or EUR 5.00 (five euro, 00 cents) for each 10 (ten) minutes.
4.4.    If before the planned transportation the phone number of the contact person indicated in the application at the Seller’s or Customer’s address is outside the reception area, is not possible to reach, the telephone answering machine is switched on, the call is not answered for a long time or the line is busy – the Supplier’s courier shall have the right not to go to the address indicated in the order.
4.5.    Transportation of the Postal items from the private persons shall be planned by the Supplier within the period from 07.30 a.m. to 9.00 p.m. according to the local time depending on the route of the respective day. The Supplier shall plan transportation from companies on working days, within the period from 08.00 a.m. to 5.00 p.m. according to the local time.In order to plan transportation of the Postal item, the Customer shall have an obligation to indicate the working hours of the company at the moment of at the moment of drawing up the order.   
4.6.    The Supplier shall have the right to involve other merchants for transportation of the Postal item from Great Britain, Germany or in the territory of Latvia, in order to ensure execution of the order made by the Customer.
4.7.    The Supplier shall ensure additional packing of the Customer’s Postal item in the cases Klienta Sūtījumam gadījumos if doubt arises regarding safe delivery of the postal item to the Customer from the Seller. The Supplier shall be entitled to apply an additional payment of+10-15% for additional packing of the Postal item to the transportation price. Additional packing of the Postal item shall be provided only to the service “Direct delivery from the Seller”.


5.    Receipt, registration and storage of postal items in the Warehouse
5.1.    The Customer shall authorize the Supplier to store and transport the Postal items owned or possessed by the Customer which have been purchased by the Customer from the Seller and which are received in the Supplier’s Warehouse.  
5.2.    The Supplier shall ensure acceptance and storage of the Customer’s Postal items in the Warehouse to the closest transportation date according to the delivery schedule published in the Website.
5.3.    The Supplier shall transport all the Postal items actually received in the Warehouse to Latvia according to the delivery schedule and issue/deliver to the Customer.
5.4.    The registration, completion, sorting, calculation of the delivery price and change of the status of the Postal items received in the Warehouse is made 1-3 calendar days before the planned transportation date to Latvia according to the delivery schedule.
5.5.    If the Postal item is received in the Warehouse for whom the order is not made in the Website and it is not possible to clarify the addressee of the Postal item, the Postal item shall be transported to Latvia and stored in the Supplier’s office in Riga for 30 (thirty) calendar days. After expiration of the term the Supplier shall have the right to alienate the content of the Postal item, transfer it for salem disposal or act in any other way in order to prevent the further losses as a result of storage of the Postal item. The Customer’s obligation is to duly contact thre Supplier regarding the disappeared packagings of the Postal items or packages without any indicated addressee.
5.6.    The incomplete orders which are received in the Warehouse (some of the recorded Postal items is missing) shall be drawn up in the Website repeatedly, thereby updating the order status in the Website which substantially facilitates the Supplier’s work.
5.7.    The Supplier shall not undertake any responsibility for the Postal items which are not delivered to the Warehouse or delivered in the incomplete number or deformed or damaged due to the activity or inactivity of any third physical or legal persons. In such cases, upon registration of the postal items the Warehouse shall be entitled to make a note “damaged postal item” by adding appropriate pictures to the Customer’s account.


6.    Delivery of the postal items in Riga office, receipt in OMNIVA parcel machine and delivery within the territory of Latvia
6.1.    Delivery of the postal items in the Supplier’s office shall be usually organized on the days when the transport arrives to Latvia amd Postal items are prepared for the delivery. It shall usually take place on Thursdays, from 3.00 p.m.to 7.00 p.m.. The repeated delivery shall be organized on Tuesdays, from 09.00 a.m. to 12.00 a.m. In separate cases the date and time of delivery may be changed therefore before going to the office to receive the Postal items – we request to wait for the SMS message. Upon choosing the receipt in the  Supplier’s office, the Postal items shall be picked up on the date and time indicated in the informative SMS. In such a case you will have to pay only for transportation from the Warehouse to the Supplier’s office in Riga. A message on receipt shall be sent to the Customer if there are Postal items undelivered to the Customer. If it is not possible for the Customer to pick the packages up on the particular date and at the particular time, it is possible to authorize any other person to act on behalf of the Customer, order delivery to the door or to the closest OMNIVA parcel machine. We request not to choose the receipt in the office in case if you are not able to pick up the Postal items at the particular time. Unfortunately, storage (accrual) of the Postal items in the Supplier’s office in Riga for a long time is not provided and included in the service price. The delivery of the Postal items outside the delivery time for an additional payment shall be possible by agreeing the time in advance on the phone.
6.2.    The storage period of the Postal items in the OMNIVA parcel machine shall last for seven calendar days. It is possible to receive the Postal items for 24h a day, 7 days a week.
6.3.    The Supplier shall provide delivery service within the entire territory of Latvia – in any city, village or farm. The service shall be provided on a working day set in advance, during the working day. The Customer will receive an informative SMS message about the planned delivery date to the mobile phone number indicated in the application 1-2 working days before the planned delivery. It is possible to see the planned delivery date in the tracking information of the Postal item. One delivery attempt is included in the price. A delivery price shall be set for repeared delivery in the full amount in the territory of Latvia.


7.    Payment for the service
7.1.    A payment for the service shall be calculated on the basis of the package volume of the Postal item (m3), weight (kg) and number of the received Postal items (pcs.) pursuant to the price list – price calculator published on the Supplier’s Website.
7.2.    The Customer shall nake a payment for the service in cash at the moment of delivery of the Postal item, or by a bank transfer (the invoice with the Customer’s bank details) until the date of receipt of the Postal item.
7.3.    The Postal item to the Customer shall be issued/delivered only after the payment for the service in full. If the Customer has not settled the payments to the Supplier for the transportation services, the Postal item shall not be delivered to the Customer and shall be retained till the moment of the receipt of the payment in the amount of 100% by the Supplier.
7.4.    If the Customer has not settled the payments for the provided services due to any reasons and the Postal item is not picked up at the Supplier’s office in Riga within 30 (rhirty) calendar days from the payment term indicated in the invoice or date of notification on receipt of the Postal item, the Supplier shall be entitled to alienate the content of the Postal item by transferring it for sale, disposal or act in any other way in order to prevent the further losses as a result of storage of the Postal item.


8.    Distance agreement, its execution and the Supplier’s responsibility
8.1.    A distance agreement between the Supplier and Customer on provision of the service shall be considered as concluded when the Customer has made an order in the Website, the order is saved in the section of the user account “My orders”, a unique order number is set and the Customer has received a confirmation e-mail. Each Customer’s order on the Website shall be considered as a separate distance agreement. The distance agreement concluded between the Customer and Supplier consists of: a) the order drawn up in the system, b) usage instructions of the service which constitute an integral part of the agreement.
8.2.    The Supplier shall undertake to deliver the Postal item to the Customer on the condition on which is has been received at the Warehouse or picked up from the Seller.
8.3.    The Supplier shall provide a aservice with professional care and take all effort to provide the services in high quality and within an appropriate term according to the Supplier’s quality standards.
8.4.    The Supplier shall undertake to inform the Customer about the performance statuses of the orders which are seen in the Website at each order made by the Customer. The Supplier shall undertake to inform the Customer about the complications or problems in the course of performance of the order by contacting the Seller within working day.
8.5.    The Supplier shall not be responsible  for insignificant or superficial damages of the package of the Postal item which may be caused as a result of transportation, reloading and depreciation of the Postal item.
8.6.    Upon transportation of the Postal items, the Supplier shall be responsible for the existence of the packaging units of the Postal item, but not responsible for the content of the package of the Postal item except the cases when a special agreement is concluded between the Supplier,  Customer and Seller, as well as an acceptance certificate is drawn up in which the list, value and technical condition of the objects or things in the content of package of the Postal item is indicated precisely, as well as the documents confirming the value of the Postal item are attached to the appendix of the agreement. It is necessary to record the condition of the content of the Postal item before the loading in photos and attach the printouts to the agreement.
8.7.    The Supplier’s Warehouse shall not inspect the the content of package of the Postal item, nor undertake the responsibility for conformity of the received content of package of the Postal item to the order made by the Customer.
8.8.    The Supplier shall not undertake the responsibility for such samage or lack of the content of the Postal item which have been delivered closed to the Supplier or Warehouse and whose external package is not opened and is intact upon their delivery to the Customer. The Supplier shall be released from the responsibility in all the cases prescribed in Section 45 of the Postal Law of the Republic of Latvia.
8.9.    The Supplier shall undertake the responsibility for only those Postal items which are physically received at the Warehouse or picked up from the Seller according to the order drawn up by the Customer.
8.10.    The Supplier shall ensure registration of the actual amount of packages of the received Postal items at the Warehouse at the end of each day. The Warehouse shall attach the information to the Customer’s account of the Website where the number of the actually received items is seen, as well as the last date and time of the attachment. The Customer’s obligation is to follow the umber of the received Postal items and inform the Supplier about the discrepancies.
8.11.    The Supplier shall not undertake the responsibility for the Postal items which are not delivered to the Warehouse or are delivered in an incomplete number, deformed or damaged due to activity or inactivity of any third physical or legal parties. In such cases the Warehouse shall have the right to make a note upon registration of the postal items “damaged postal item” by attaching appropriate pictures to the Customer’s account.
8.12.    The Supplier shall have an obligation to pay a compensation for the loss or damage of the Postal item (postal item unit), if it has been caused due to the Supplier’s fault.  The amount of the compensation for the Postal items forwarded to the Supplier’s Warehouse shall be calculated according to the indicated value of the Postal item pursuant to the order made in the Website, but the compensation to be paid for the Postal item (one package item) shall not exceed EUR 30 (thirty euro, 00 cents). The maximum compensation shall be set for the Postal items transported from the Seller’s address (direct delivery) in the amount of EUR 150 (one hundred and fifty euro, 00 cents) for one Postal item unit. A larger compensation may be paid in the cases when the Customer has requested the Supplier to draw up an additional insurance policy pursuant to the actual value of the Postal item. The Customer shall be responsible for additional insurance of the Postal item if it exceeds the compensation limit indicated in this clause and the Customer has not requested an additional insurance policy from the Supplier. The indirect losses related to the content, loss of profit, etc. of the Postal item shall not be compensated.
8.13.    The compensation may be paid only on the basis of an application submitted by the Customer in writing which is submitted to the Supplier according to the procedure prescribed in the regulatory enactments of the Republic of Latvia.
8.14.    The Supplier shall not assume the responsibility if the content of the Postal items is retained or confiscated by the institutions of the European Union member states according to the legislative provisions of the particular country or if legal proceedings is initiated regarding the Postal item meeting the valid legislative provisions of the particular country.

 

9.    Restrictions of the content of the postal item

The Supplier shall not accept the Postal items for transportation containing or being under suspicion that they could include anything of the following:
9.1.    Illegal drugs or psychotropic substances;
9.2.    Any medications (pills, ampules, powders, etc.);
9.3.    The objects, things or substances whose storage, receipt, transportation or turnover in the European Union member states is prohibited;
9.4.    Cigarettes, tobacco, cigarillos, cigars and other tobacco products in any amount;
9.5.    Alcoholic drinks, including beer;
9.6.    The objects or substances whose exportation from the European Union or turnover in the European Union is forbidden;
9.7.    Explosive, inflammable, radioactive, perishable biological and infectious substances;
9.8.    Fire-arms, ammunition, blade weapons or their dummies and copies, as well as parts of arms;
any arm replies (AirSoft), etc.;
9.9.    Perishable foodstuff and other objects, things and substances which are forbidden according to the requirements of Section 24 of the Postal Law and for transportation, reloading, storage of which special conditions, temperature regime, formalities and documentation are provided.

The aforementioned list of the prohibited objects is not complete. The Customer shall be responsible for making sure and clarifying in advance if the content of the Postal item is forbidden and limited in the territory of the European Union, including Great Britain, Germany and Latvia. The Supplier shall reserve the rights to refuse acceptance of the Postal item for transportation, if the content of the Postal item is not allowed or is limited according to the valid legislation in any of the jurisdictions in the validity territory of which the Postal item may be on the way to Latvia.


10.    The right to make an inspection of the Postal item content.
1.    Upon making an order on the Website and transferring the Postal item to the possession of the Supplier, the Customer shall agree that the Supplier or any other state institution of the European Union, including customs and other security authorities may make an inspection of the Postal item content without the Customer’s presence either within the entire transportation period of the Postal item according to the provisions of Section 14 and 26 of the Postal Law.
2.    The inspection of the content of the Postal item package may be made on a random basis, as well as in case when suspicion exists that the postal item contains the objects, substances or animals forbidden for forwarding pursuant to the list of the prohibited objects and substances mentioned in Clause 24 of the Postal Law. The inspection of the Postal item content shall be made pursuant to Regulation No.493 of the Cabinet of June 25, 2013"The Procedure by which the Postal Merchant Opens Postal Items, Removes the Objects, Substances or Animals from the Postal Items Prohibited for Forwarding, Destroys Them or Handles Them in Any Other Way".


11.    Other provisions.
1.    The Customer shall have the right to submit a claim for the loss of the Postal item unit, damage or lack of its content, as well as for damages caused to the Postal item not later than within 7 (seven) working days from the receipt of the Postal item, but not later than it is prescribed in Section 53 of the Postal Law. The application with a claim shall be submitted to the Supplier according to the procedure prescribed in the regulatory enactments of the Republic of Latvia. If the submission term of the claim is not observed, the Suppliershall be released from any responsibility.
2.    All disputes and claims shall be settled by means of negotiation verbally or in writing. If an agreement is not reached by means of negotiation within 30 (thirty) calendar days, the dispute shall be settled according to the procedure prescribed in the regulatory enactments of the Republic of Latvia by submitting a claim to the court.

 

The updated edition of the usage instructions of the services of June 2017.
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