General Terms and Conditions. for the transport of Consignments of Letterbox Items 2014

Transcription

1 General Terms and Conditions for the transport of Consignments of Letterbox Items 2014

2 Contents 1. Definitions and scope 3 2. Creation of the Agreement 5 3. Refusal, applying surcharges and suspending Postage 6 4. Complying with the Agreement 7 5. Rates 8 6. Payment 9 7. Protection of privacy Liability of PostNL M&S Client s liability Applicable law and competent court Limitation period Shape, packaging, addressing, dimensions, weight, contents and other Terms and Conditions of Submission Franking Additional services Delivery Amendments and supplements Special provisions Inspection 22 This document is the translation of an original Dutch text. No rights may be derived from this translation. The original Dutch text is binding and will prevail under all circumstances.

3 Article 1 Definitions and scope 1.1 Definitions These General Terms and Conditions contain the following definitions: Service Point: any branch or facility designated by or on behalf of PostNL M&S to provide Postal Items for Postage; Additional Service(s): additional services provided by PostNL M&S, including registered post and registered post which have a declaration of the value/postal insurance; Address: an address designated by the municipality, comprising a street name and house number (including house number suffix, where appropriate) or a PO Box number or Freepost number. The post code and town/city must always be listed; Sender s Address: the full address of the Client or sender, see also Article 12, paragraph 3 under 2 of these General Terms and Conditions; General Terms and Conditions: General Terms and Conditions for transporting Consignments of Letterbox Items 2014; Delivery: the delivery of a Postal Item to the address listed on said item; Special Postal Items: Consignments of Special Postal Items which are homogeneous and which comply with the minimum and maximum requirements, as listed in Article 12, paragraph 4 of these General Terms and Conditions; Letters: the addressed communications written on a physical medium, as defined in the Dutch Postal Act 2009; Letterbox: a letterbox located at street and PO Box addresses intended for the Delivery of Postal Items; Letterbox parcel: a Postal Item in which a Good is transported, in which respect each individual Postal Item complies with the minimum or maximum requirements, as listed in Article 12, paragraph 4 of these General Terms and Conditions; Letterbox Item: a Postal Item which, in terms of format, fits into a Street Letterbox; Direct Mail: Postal Items containing communications which only comprise advertising, marketing or publicity material and which contain the same message, with the exception of the name, the Address and the Addressee s identification number, as well as any other changes which do not change the nature of the message. Direct Mail includes mail shots, advertising brochures, as well as printed materials devoid of variables, newspapers and magazines*; Single Item Rate: the single item rate, as referred to in Section 1 under c of the Dutch Postal Act 2009; Addressee: the legal entity or private individual for whom the Postal Item is intended, in accordance with the addressing; Mixed: Consignments of Special Postal Items which are heterogeneous, in which respect each individual Postal Item complies with the minimum and maximum requirements, as listed in Article 12, paragraph 4 of these General Terms and Conditions; Good: material item with the exception of (all forms of) written communication; Large: Consignments of Large Postal Items are homogeneous and comply with the general characteristics, as listed in Article 12, and the specific applicable characteristics with respect to dimensions and weight, as recorded in Article 12, paragraph 4 of these General Terms and Conditions; Client: the legal entity or the private individual who concluded an Agreement with PostNL M&S; in the case of Freepost items this includes the Addressee; Small: Consignments of Small Postal Items are homogeneous and comply with the general characteristics, as listed in Article 12, and the specific applicable characteristics with respect to dimensions and weight, as recorded in Article 12, paragraph 4 of these General Terms and Conditions; 3

4 Undeliverable Postal Item: a Postal Item that cannot be delivered to the Address listed on the Postal Item or which is (immediately) refused by Addressee or which is not (promptly) collected by the Addressee at a Service Point; Agreement: the agreement on Postal Transport entered into between PostNL M&S and the Client; Bulk Mail: a number of Postal Items with the same domestic Sender s Address which are jointly and simultaneously submitted to PostNL M&S for Postage at the same location and sent with the same product at the same delivery speed, and which are accepted by PostNL M&S for Postage at a rate per item which is different than the Single Item Rate. Bulk Postal Items, with the exception of Mixed Bulk Postal Items cannot exceed the weight category for the product in question; Periodicals: Direct Mail, limited to magazines which provide information of a topical, social and cultural nature, in which respect a maximum of 80% of the contents comprise advertising (space) which are for an indefinite period of time and are generally available, published at least four times a year, have an independent economic significance for the publisher, an independent editor and which comply with the requirements, as listed in Article 12.4; PostNL M&S: PostNL Marketing & Sales B.V.; Postal Item: a Letter or any other addressed postal item designated in the Dutch Postal Decree 2009, as referred to in the Dutch Postal Act 2009, including Direct Mail; Postage: all actions performed by PostNL M&S, for consideration, in order to deliver Postal Items, as defined in the Dutch Postal Act 2009; Street Letterbox: letterbox intended for the public, in order to submit Postal Items for Postage, as referred to in Section 16 of the Dutch Postal Act 2009; Transport Document: the data carrier (or combination of data carriers) on or with the Postal Item which can be used as the basis to ascertain the specifications with respect to Postage such as the Sender s Address, Addressee s Address, barcode and postal item number. 1.2 Scope 1 These General Terms and Conditions apply to Postal Items which are submitted to PostNL M&S for Postage. The dimensions, weights and terms and conditions pertaining to the format, packaging, message and weight, as provided in these General Terms and Conditions, apply to the following separate categories of Postal Items: (i) Mixed Consignment; (ii) Small Consignment; (iii) Large Consignment; (iv) Special Consignment; (v) Consignment of Letterbox Parcels; (vi) Consignment of Postal Items, combined by way of an Additional Service. * The enclosure of small objects of a small monetary value, in order to increase the attention value for the Addressee ( gadgets ) is permitted, subject to terms and conditions. See postnl.nl or call PostNL Business Service (telephone * ) for the terms and conditions 4

5 Article 2 Creation of the Agreement 2.1 The Agreement is created by the acceptance by PostNL M&S of Postal Items which are submitted to a Service Point as a Consignment for Postage, in accordance with the applicable terms and conditions and instructions. 2.2 Submission of Consignments can take place from Monday to Friday during the Service Point s applicable opening times for submission of Bulk Mail, unless otherwise agreed in writing and with the exception of holidays generally recognised in the Netherlands. 2.3 The Client must complete and sign an order form on submission of a Consignment. Whoever completes and signs the order form on behalf of the Client is deemed to legally represent the Client. 2.4 When submitting Consignments of Direct Mail and Periodicals an extra sample copy must be included for assessment. Postage of sealed Direct Mail is possible; in that case PostNL M&S may carry out random checks on the contents. 2.5 PostNL M&S may demand the Agreement be laid down in writing at any time. Any deviation from these General Terms and Conditions can only be effected in writing. 5

6 Article 3 Refusal, applying surcharges and suspending Postage 3.1 PostNL M&S may refuse Postage, suspend performance of a created Agreement or apply a reasonable surcharge, if it appears that: a. the Postal Items do not comply with the requirements for franking, weight, dimensions, contents, (sender s) addressing, shape and/or packaging, as set by PostNL M&S in these General Terms and Conditions or otherwise; b. any provision in the law disallows it; c. Postage of the Postal Item will place persons and/or goods in danger; d. the details to be provided by the Client pursuant to these General Terms and Conditions were incorrect or incomplete; e. there are other well-founded reasons. 3.2 In the event of suspension, the Client s Postal Items and any accompanying documents will be returned to the Client or the Client will be given the opportunity to collect them, whereby the Agreement will be terminated. The Postage fee due must still be paid. 3.3 PostNL M&S is entitled to apply a surcharge for Consignments submitted after the closing time of the delivery location, namely the PostNL Business Service Desks at the sorting centres. PostNL strives to process Consignments submitted after closing time, with due observance of the desired service framework, subject to available capacity. 3.4 Additional Surcharges may be levied, if: a single Postal Item/a number of Postal Items does/do not comply with the required design referred to in 12.1 through 12.5; there is failure to comply with the terms and conditions for a Consignment; there is failure to comply with the mandatory terms and conditions for identification and/ or packing; post is delivered outside of regular opening hours; Postal Items are returned, see also Articles 4.4 and 15.4; *Delivered in violation of Article

7 Article 4 Complying with the Agreement 4.1 The Agreement between the Client and PostNL M&S does not grant the Addressee his own right to Delivery. The Addressee cannot rely on these General Terms and Conditions. 4.2 Without prejudice to the provisions contained in Article 15.3, PostNL M&S endeavours to deliver Postal Items within the applicable service frameworks, intact, to the Address as listed on the Postal Item. PostNL M&S does not provide any guarantee of this. 4.3 PostNL M&S has the right to have all or part of the Agreement performed by third parties, without prejudice to the rights and obligations of PostNL M&S pursuant to the Agreement. 4.4 A Postal Item will be returned to the Client, if the Addressee refuses to accept the Postal Item. The refusal must take place immediately on or immediately after Delivery, without any damage to the closure or seal and without taking note of the contents. The fee due on the first postage must still be paid. PostNL M&S is entitled to charge the Client a reasonable fee in respect of the return. 4.5 Insofar as reasonable, the Client may be able to recall a Postal Item by way of an Additional Service, as long as this item has not been delivered. The Client must plausibly demonstrate that it submitted the Postal Item for Postage by PostNL M&S. PostNL M&S may charge a fee for this service. The Postage fee due must still be paid. 4.6 Without prejudice to the provisions contained in Article 8 of these General Terms and Conditions, dissolution of the Agreement by any Client that is not a private individual and which is not acting in the exercise of a profession or the operation of a business, is excluded. * This is without prejudice to the option of transferring any claims against PostNL, as governed by the applicable statutory provisions 7

8 Article 5 Rates 5.1 The rates and any other terms and conditions for Postage and for the Additional Services, as referred to in Article 14 of the General Terms and Conditions, are recorded in the (latest version of) PostNL s rates brochure. The rates brochure can be consulted online at postnl.nl/tarieven [hier de Engelse link gebruiken?]. 5.2 The level of the rates for Postage is determined by the desired delivery time and it also depends on the homogeneousness or heterogeneousness of a Consignment, the dimensions and the weight of the Postal Item, the packaging, the contents, the quantity, the (sender s) addressing, the Service Point, the annual volume and the requested Additional Services. 5.3 PostNL M&S can offer those Clients which regularly submit large Consignments for postage a contract under certain terms and conditions, on which basis lower postage costs can be achieved. 5.4 The Client must submit all of the details required, pursuant to both these General Terms and Conditions and the (latest version of) PostNL s rates brochure, in order to use the correct rate. PostNL M&S will determine the amount due, if necessary by counting, weighing, measuring and/or checking. PostNL M&S may check the correctness of the details provided by the Client. The Client must facilitate these checks; it may be asked to display the contents of the Postal Items. PostNL M&S has the right to carry out random checks on the contents, if necessary. 5.5 Any amounts due will be increased by any taxes and levies which PostNL M&S is required to charge. 8

9 Article 6 Payment Any amounts due must be paid on entering into the Agreement, unless otherwise agreed in writing, in which case the latest version of the Payment Terms and Conditions for PostNL Services performed on account will apply. 9

10 Article 7 Protection of privacy 7.1 PostNL M&S uses the details laid down in writing in the context of the Agreement to perform the Agreement. The details are processed in accordance with the law and with the Dutch Data Protection Authority s publication on Postal Transportation. 7.2 PostNL M&S also uses personal data to inform the persons in question about products and services from PostNL M&S, its subsidiaries and other directly affiliated companies. This may require the disclosure of personal data to these parties. If the party in question does not appreciate the information referred to, he can file an objection to it with PostNL Holding B.V., Legal Affairs Department, PO Box 30250, 2500 GG The Hague, the Netherlands. The party in question must provide his (company) name and full address together with this objection. 7.3 PostNL M&S undertakes that apart from the instances as referred to in Article 7.1 and Article 7.2, it will not disclose personal data and, generally speaking, any information on Postal Items which is private and which is processed by PostNL M&S in connection with the performance of assignments, unless otherwise agreed with the party in question or unless there is a statutory obligation to do so. 7.4 The contents of unsealed Postal Items submitted for postage will only be noted insofar as this is required for the purpose of the Postage of the Postal Item, to determine the rate due for the Postage of the Postal Item or, in the event the item cannot be delivered, to determine the Sender s Address or the Addressee s address. 7.5 Undeliverable (sealed) Postal Items will only be opened by order of Sub-district Court of The Hague District Court, in order to take note of the contents insofar as necessary, in order to determine the Sender s Address or the Addressee s address. In that respect, PostNL M&S is required to act in accordance with the secrecy of correspondence laid down in the Constitution of the Netherlands. 10

11 Article 8 Liability of PostNL M&S 8.1 The liability of PostNL M&S on account of a failure to perform any obligation incumbent on it in respect of the Client pursuant to the Agreement is limited in accordance with this Article. 8.2 Any Postal Item to which Article 14 of the General Terms and Conditions does not apply is deemed to have no value, unless the Client demonstrates the opposite. If the latter situation in the aforesaid sentence arises, the liability of PostNL M&S with regard to a given Postal Item, as referred to in Article 8.1 and to which Article 14 of the General Terms and Conditions does not apply, is limited to the value of the Postal Item in accordance with the provisions contained in Section 8:1103 of the Dutch Civil Code ( DCC ), on the understanding that the maximum amount of said liability will be the amount as provided pursuant to Section 8:1105 DCC, unless otherwise agreed in writing. 8.3 With due observance of Articles 8.1, 8.2 and 8.6 and insofar as there is compliance with the provisions contained in these General Terms and Conditions, the following applies: The maximum liability for Postal Items by way of an Additional Service (see Article 14 for the relevant terms and conditions) is: a. In the case of Postal Items sent by registered post: maximum of 50 per Postal Item; b. In the case of Postal Items sent as a Letter using the Insurance Service: the amount declared by the Client on creation of the Agreement, to a maximum of 500; PostNL M&S is not liable for consequential damages PostNL M&S is not liable for damages, insofar as they are caused by a circumstance which a careful transporter could not have avoided and insofar as a Postal Carrier could not have prevented the consequences of said circumstance. 2. In derogation of the foregoing, the Client is not entitled to compensation of damages if the damages arose: a. from the nature of or a defect in the contents of the Postal Item; b. due to inadequate packaging; c. due to another cause attributable to the Client; d. as a result of war or armed conflict; e. due to arrest or attachment by order of an authority authorised to do so; 11 f. due to incorrect or incomplete Addressing; g. as a result of force majeure, including strikes and floods. 8.5 To be eligible for compensation of damages, the request for said compensation must be submitted to PostNL M&S as soon as possible or within a reasonable period of time following the discovery or loss or damage. 8.6 In order to make a claim for compensation of damages, as referred to in Article 8.3 of these General Terms and Conditions, the Client must submit evidence such as the original proof of postage, purchase invoice or bill of sale and/or other legal evidence of the value of the contents. PostNL M&S will use the evidence submitted by the Client to determine whether the Client is eligible for any compensation of damages, as referred to above. 8.7 Postal Items for domestic delivery will be deemed lost if they do not get delivered and if they cannot be retrieved within 30 days of posting the Postal Item. 8.8 Postal Items which are traced after compensation of damages has been paid in respect of their loss will be handed over to the Client or the Addressee on repayment of said compensation of damages, if the Client or Addressee makes such a request within a period of 30 days after they have been notified that the items were traced. 8.9 PostNL M&S cannot rely on any of the exclusions or limitations of its liability ensuing from the preceding paragraphs of this Article, insofar as the damages arose due to its own actions or failures, unless they were with the intention to cause said damage, they were reckless and in the knowledge that they would probably lead to said damage. * This amount is 3.40 per kilo

12 Article 9 Client s liability The Client is liable vis-à-vis PostNL M&S for any damages which are the result of a failure which can be attributed to the Client, which are caused by its Consignment or a Postal Item to persons employed by PostNL M&S and/or any third parties it hired, to the company resources of PostNL M&S and/or any third parties it hired or to any other Postal Items. In the latter case the liability is limited to the amounts which PostNL M&S must pay in compensation to third parties. 12

13 Article 10 Applicable law and competent court 10.1 All Agreements are governed by Dutch law Any disputes involving a financial interest greater than the applicable maximum amount, with regard to the competency of the Sub-district Court, will in the first instance be brought before the competent court in The Hague. 13

14 Article 11 Limitation period 11.1 All claims pursuant to an Agreement will expire after one year, counting from the day after the submission of a Consignment The limitation period will be suspended by way of a formal written demand for compliance or by way of a written demand for compensation of damages. 14

15 Article 12 Shape, packaging, addressing, dimensions, weight, contents and other Terms and Conditions of Submission Postage is possible, provided the Postal Items comply with the stipulations contained in these General Terms and Conditions. Additional Terms and Conditions apply to Postal Items by way of an Additional Service. Additional Terms and Conditions apply to consignments of Bulk Mail containing 2,500 Postal Items and above; see 12.6 of this Article Shape Postal Items must be rectangular in shape. Any cards which are not in an envelope must have a flat surface Packaging 1. In any event the packaging for Postal Items must comply with the following requirements: a. The sealing of the Postal Items must take the contents of the Postal Item into account. b. The packaging must be adequate, secure and sturdy and it must take the weight and fragility of its contents into account. c. Packaging must be of such a nature as to prevent any damage and/or loss of its contents, any damage to other Postal Items or goods, as well as any injury to PostNL M&S staff members (and/or third parties). d. The packaging must exclude any possible insertion other Postal Items. e. Unsealed envelopes must be used in such a way that they are situated on the left-hand-side of or above the Address. 2. In the case of Small and Large Postal Items both the contents and the packaging must be paper. Small and Large Postal Items can only be cards, self-mailers or envelopes. 3. Postal Items in the form of a card must be sturdy enough to be posted without packaging Addressing 1. The name and, underneath, the full Address of the Addressee must be listed on Postal Items, whether using a sticker or not. The full Address must be listed on Direct Mail. 2. The full Address of the Client/Sender must be listed on all Postal Items, in the top left-hand-corner on the address side or on the back of the envelope. This can only be an address in the Netherlands. 3. To designate several Postal Items as a single Consignment, the same Sender s Address must be listed on these Postal Items. This can only be an address in the Netherlands Dimensions, weight 1. Minimum dimensions: Postal Items cannot be smaller than 14 cm long and 9 cm wide. 2. Maximum dimensions: 1. Postal Items cannot be larger than 38 x 26.5 x 3.2 cm. 2. In derogation of paragraph 1 of this Article, a Small Postal Item cannot be larger than 22.9 x 16.2 x 0.5 cm. 3. In derogation of paragraph 1 of this Article, a Large Postal Item cannot be larger than 32.4 x 22.9 x 1.0 cm. 3. Maximum weight: 1. The maximum weight for a Postal Item is 2 kg. 2. In derogation of paragraph 1 of this Article, the maximum weight for a Small Postal Item is 50 grams. 3. In derogation of paragraph 1 of this Article, the maximum weight for a Large Postal Item is 500 grams Contents 1. Prohibited contents: The Postage of living animals is not permitted. Any substances to which the Dutch Transportation of Hazardous Substances Act applies, are also excluded from Postage. 2. PostNL M&S does not take any special precautions for handling fragile goods (including electronics, glass, pottery, etc.). 3. Postal Items containing coins, banknotes, bearer instruments of any kind, (traveller s) cheques, precious metals, gemstones or any other valuables can only be posted in a Sealbag as Postal Items which have a declaration of the value/postal insurance Terms and Conditions on the Design of Postal Items 1. In the case of consignments of Bulk Mail containing 2,500 Postal Items and above, the Terms and Conditions on the Design of Postal Items will be closely monitored and PostNL may take appropriate measures. 2. If a Consignment is submitted in violation of the Terms and Conditions of Submission, PostNL may: a. Bill the Consignment in accordance with a Product with which the Consignment complies, with regard to the Terms and Conditions of Submission; b. Apply a surcharge for each Postal Item in the Consignment; c. Suspend the Consignment;

16 Article 13 Franking 13.1 General PostNL M&S determines in which cases, in what manner and at what time Consignments will state that the Postage rates due have been paid. The Client must abide by and cooperate with the implementation of this. Specific information on franking can be found at postnl. nl, the Service Points and at PostNL Business Service Other provisions 1. PostNL M&S has the right to apply any markings on Postal Items submitted for Postage which are required for the purpose of sorting and/or Delivery. 2. PostNL M&S will not transport Postal Items which contain any franking marks or labels on the address side besides those issued or provided by PostNL M&S The use of stickers is only permitted for the purpose of listing the Addressee or the Client. Postal Items belonging to a Consignment must be franked with the standard PostNL Postage Paid marking. 3. Likewise, any Postal Items which exhibit franking marks issued by PostNL M&S on the address side and which are handled or processed in such a way that PostNL M&S cannot void them in the usual manner, will not be posted. 4. In derogation of paragraph 2 of this Article, in the case of franking using franking machines, printings from a franking machine are valid if they have been produced using a franking machine which complies with the agreed terms and conditions for this, for which PostNL M&S entered into a written agreement on franking with the user. 5. PostNL M&S will not transport any Postal Items which exhibit any postage stamps, printed postage stamps or printed rubber stamps, or imitations of such printings which may cause confusion due to their similarity to postage stamps or printings issued or used by PostNL M&S. 16

17 Article 14 Additional services 14.1 Registered Post 1. Postal Items can be transported by way of an Additional Service at the Client s request. The rates and surcharges for Postal Items transported using the Additional Services are recorded in (the latest version of) the rates brochure. 2. In the event of loss, damage or delay and in the event that all or part of the contents of a registered Postal Item go missing, the Client may claim compensation in respect of the actual damages suffered, including any consequential loss, up to a maximum amount of In the case of registered Postal Items, the name and Address of the Addressee and the Client must be clearly do not use a pencil listed in full on each Postal Item. Registered Postal Items will be delivered to the Addressee (see Article 15.2) or, in the event that they cannot be delivered, to the Client once the Client signs for proof of receipt. 4. The Client will receive proof of posting for those Postal Items sent by way of an Additional Service Registered with declaration of the value/postal insurance (Insurance Service) 1. The value of sealed, registered Postal Items which form a Consignment can be declared, in accordance with the permitted weight (see Article) 14.1), up to the maximum amount of the fair market value of the enclosed goods or valuables. The enclosed goods or valuables cannot be more than the stated amount, up to a maximum of 500 per Letterbox Item. The Client must ensure the packaging, addressing, franking and sealing are such that the contents of the Postal Item cannot be removed without leaving external traces behind. If the contents of the submitted Postal Item comprise coins, banknotes, bearer instruments of any kind, precious metals, gemstones, pearls items or documents with an artistic or collectible value or any other valuables, the Client is obligated to use a Sealbag. Sealbags can be obtained from the Service Point. 2. In addition to the provisions contained in Article , in the event of loss, damage or delay and in the event that all or part of the contents of a registered Postal Item sent by registered post which have a declaration of the value/postal insurance go missing, the Client can claim compensation for the material damage to the Postal Item to a maximum of the stated amount, as referred to in Article 8.3 of these General Terms and Conditions. 3. In the event of loss, damage or delay and in the event that all or part of the contents of a registered Postal Item sent by registered post which have a declaration of the value/postal insurance go missing, which item contained coins, banknotes, bearer instruments of any kind, precious metals, gemstones, pearls items or documents with an artistic or collectible value or any other valuables, the Client can only claim compensation for the damage to the contents of the Postal Item, if a Sealbag was used. If this is not the case, the maximum compensation is 50, as referred to in Article 8 of these General Terms and Conditions. 4. A Transport Document will be drafted for the Postage of registered Postal Items which have a declaration of the value/postal insurance. PostNL M&S does not provide a Collection Service for Postal Items which have a declaration of the value/postal insurance Signing for receipt 1. In the case of Postal Items sent within the Netherlands by way of an Additional Service, signing for receipt is an integral part of the Additional Service. The (digital) signature serves as valid proof of Delivery. 2. If several Postal Items sent by way of an Additional Service are delivered to an Addressee simultaneously, a single signature on delivery will cover all of the items. In that case PostNL M&S will digitally duplicate the signature to serve as proof of Delivery for each individual Postal Item. The Client agrees to this in advance. *The PostNL Business Service (telephone ) and the Service Points can provide information on the manner in which Postal Items with a declaration of the value must be packaged, addressed, franked and sealed 17

18 Article 15 Delivery 15.1 General 1. Unless otherwise agreed in writing, Postal Items will be delivered to the Addressees Tuesday through Saturday, with the exception of public holidays, unless this cannot be reasonably expected of PostNL M&S. In derogation of the foregoing, the Delivery of Postal Items by way of an Additional Service as referred to in Article 14 of these General Terms and Conditions can also take place on Mondays. 2. In principle, the Delivery of Postal Items takes place by depositing Postal Items in the Letterboxes, including letter slots, belonging to the Address listed on the Postal Item Rules for the Delivery of Postal Items by way of an Additional Service. 1. Postal Items for which the signing of a receipt is required on delivery, if they are delivered, handed over to the Addressee, the Addressee s authorised representative or an adult housemate*. The person who signs for receipt may be asked to produce identification. 2. If the above-mentioned Postal Items are not delivered at the Addressee s address, this delivery will only take place if the person who signs for receipt can identify himself as the rightful claimant. 3. A Postal Item sent by way of an Additional Service will be delivered to the home of the Addressee. In flats and blocks of apartments where there is an intercom but no lift, the Addressee may be requested to accept these Postal Items downstairs. 4. If the Postal Item is addressed to a PO Box, then a written notification of arrival will be placed in the PO Box. 5. If the Addressee for a Postal Item sent using an Additional Service does not reply on Delivery, then a notice will be left stating the manner and period of time within which he can obtain the Postal Item Rules for Delivery in special cases 1. PostNL M&S will only deliver Postal Items if and insofar as Letterboxes, intended for the delivery of Postal Items to Addressees, comply with the rules on location, dimensions, etc. as laid down in the legislation and regulations. If there is no Letterbox at or for the stated Address or if it does not comply with the set requirements, then the Postal Items intended for said address will be treated as Undeliverable Postal Items after PostNL M&S has given the Addressee the opportunity, for a period of one month (three months in new cases) to install a Letterbox which complies with the requirements. PostNL M&S has the right to immediately treat Postal Items which can be delivered into a Letterbox as Undeliverable Items if the Addressee has the Letterbox removed or takes or has taken measures as a result of which the Letterbox no longer complies with the requirements or is no longer accessible for PostNL M&S. 2. Postal Items intended for Addressees residing in recreational areas, e.g. Postal Items addressed to recreational homes not serving as permanent residences, in bungalow parks or on allotments, campsites and marinas are not delivered to the house but rather deposited in the boxes of a Letterbox Front or another similar facility or they are delivered to the manager of the complex. 3. Postal Items intended for Addressees in nursing homes, retirement homes, barracks, army camps and other premises and complexes where further Addressees reside, will be delivered to the communal Letterbox or handed over to a person designated by the interested parties. With regard to the delivery of Postal Items which require signing for receipt or which are otherwise unsuitable for depositing in A Letterbox, including letter slots, they will be handled in accordance with the agreements made on a case-by-case basis. 4. Letters intended for bankrupt parties or for private individuals whose assets are managed by a receiver pursuant to the Dutch Bankruptcy Act will be delivered with due observance of the rules provided for this purpose in the Dutch Bankruptcy Act. Postal Items which are not clearly addressed and which PostNL M&S may reasonably assume are intended for a bankrupt party or a private individual whose assets are managed by a receiver pursuant to the Dutch Bankruptcy Act, will be treated as such. 5. Postal Items whose Addressee is deceased will be delivered to the Address which is listed on the Postal Item, unless the heir or the executor of the will requests Delivery to another Address by way of an application using the Surviving Dependants Service. In this case Postal Items which require the signing of a receipt will be delivered to a person authorised by all heirs or to the executor of the will. 18

19 6. Postal Items which are addressed to a private individual or a legal entity who/which concluded an agreement pertaining to a Relocation Service, Retention Service or a Forwarding Service with PostNL M&S will be delivered to the agreed Address for the period of time agreed with the Addressee Undeliverable Items 1. As a rule, if a Postal Item is undeliverable, the Postal Item will be returned to the Client stating the reason why it could not be delivered. PostNL M&S is entitled to charge the Client a reasonable fee in respect of the return. Returns will take place immediately if the Addressee refuses the Postal Item, if the Address is incorrect or incomplete, in the event of circumstances which make Delivery in the Addressee s Letterbox impossible and in the absence of a Letterbox which complies with the requirements. If the Postal Item must be delivered to the Addressee and the Addressee is not encountered at home, a notification will be left and the Postal Item will be held for collection by the Addressee for a period of three weeks at a Service Point listed on the notification. After this period of time the Postal Item will be returned to the Client, if possible. 2. Undeliverable Postal Items which cannot be returned to the Client will be destroyed (also in the case of refusal by the Client), unless the Postal Item is deemed to be of value to the Client or the Addressee. In that case the Postal Items will continue to be held for a period of one year after which time the contents will become the property of PostNL M&S. Any cash, valuables and such discovered in these Postal Items will be held for a period of two years after which time they will become the property of PostNL M&S. Undeliverable Postal Items with contents which cannot be stored (such as (fresh) food) will be destroyed immediately. * The definition of housemates does not include (fellow) B&B or hotel guests, service staff, hostesses, hosts or hoteliers. 19

20 Article 16 Amendments and supplements PostNL M&S is entitled to amend and/or supplement these General Terms and Conditions at any time. 20

21 Article 17 Special provisions 17.1 In addition to these General Terms and Conditions, the provisions contained in or pursuant to Book 8 of the Dutch Civil Code apply to any Postage carried out by PostNL M&S pursuant to Agreements as referred to in these General Terms and Conditions, except insofar as these General Terms and Conditions and/or further agreements made with the Client provide otherwise The Agreements to which these General Terms and Conditions apply will remain in effect if PostNL M&S legal form changes. 21

22 Article 18 Inspection These General Terms and Conditions will take effect as from 1 January These General Terms and Conditions are available for inspection at all Service Points and they can also be consulted at postnl.nl. They will be provided free of charge by the PostNL Business Service (telephone ) on request. 22

23 Published by PostNL Marketing & Sales, The Hague, the Netherlands Haaglanden Chamber of Commerce, Trade Register

24 January 2014 For more information please call or visit our website postnl.nl