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1. GENERAL SETTINGS

   1. These general terms and conditions contain the principles and regulations that are common to Parcelsea's various products and which are applied together with special terms and conditions and which therefore form part of the agreement to be concluded between the Customer and Parcelsea.

   2. The service provider is Parcelsea OÜ (commercial register code 16054185), address Tihase 23-3, Tallinn; e-mail: info@parcelsea.com; Website: www.parcelsea.com.

2. DEFINITIONS

   1. The parties to the Agreement are the Customer and the service provider or Parcelsea.

   2. The parties to the Agreement are the Customer and the service provider or Parcelsea.

   3. The customer is a natural or legal person who has entered into a lease agreement with Parcelsea OÜ.

   4. The User is the user of the Smartbox indicated in the application by the Customer or the person wishing to enter into the contract, to whom the customer or the person wishing to enter into the contract wishes to grant access to the contents of the Smartbox. The activity of the User is equated to the activity of the Customer.

   5. The application is a completed application for the service on the Parcelsea website parcelsea.com in a form that can be reproduced in writing.

   6. The Agreement is an open-ended lease agreement concluded between the Customer and Parcelsea, at least in a form that can be reproduced in writing, according to which the Lessor undertakes to deliver and install the location specified by the Lessee in the Smartbox and provide at least the standard service

   7. The service is a Smart Mailbox installation and rental service provided to the Customer. Standard and ancillary services provided for in special conditions are also considered to be services.

   8. A smart mailbox is a device owned by Parcelsea, which Parcelsea leases to the Customer.

   9. The fee is the fee agreed in the contract for the provision of the service, which the Customer is obliged to pay to Parcelsea.

   10. The guide is a document in a form that can be reproduced in writing by Parcelsea after concluding the contract (instructions for using the smart mailbox and technical description).

   11. The Sender is a natural or legal person from whom the Customer has purchased or sent the Shipment or who wishes to send the Shipment to the Customer.

   12. A courier is a transport company in a contractual relationship with the Service Provider and the Customer, from which the Customer has ordered a courier service and to whom the Service Provider has given the right to enter and remove items from the Smart Mailbox.

   13. A consignment is properly packaged and marked physical goods addressed to the Customer or the consignee.

   14. The handover-receipt deed is a document signed by the parties immediately after the installation of the Smart Mailbox. The exact location of the smart mailbox on the plot is indicated in the report; possible parking space for vehicles, Smart Mailbox condition and any other comments related to the installation of a specific Smart Mailbox.

3. PARTS OF THE AGREEMENT AND INTERPRETATION OF THE AGREEMENT

   1. The integral parts of the Agreement are the General Terms and Conditions A / 2020, the Special Terms and Conditions valid at the time of concluding the Agreement, the application for the provision of the service submitted by the Customer, instructions and a written delivery-acceptance certificate. Agreements concluded between the Customer and Parcelsea by e-mail may also be part of the agreement.

   2. The performance and interpretation of the contract is based on the contract, the application and the law as a whole. In case of discrepancies, the Handover-Acceptance Act, special conditions, then general conditions, then application and then law shall prevail. Except in the case of mandatory provisions arising from law.

   3. In furnishing the terms used in the contract, the parties shall proceed from the meanings specified in the contract. In the case of contract terms in a foreign language (terms that are in a language other than Estonian), the terms in Estonian shall prevail.
   4. Estonian law applies to the contract. Among other things, the legislation of the Republic of Estonia and the principles of good faith and reasonableness are followed. The general terms and conditions and special conditions are available on the Parcelsea website parcelsea.com

4. CONCLUSION, PERFORMANCE AND TERMINATION OF THE CONTRACT

   1. The agreement is considered concluded and the agreement enters into force when the parties have reached an agreement on the essential terms, the Customer has sent Parcelsea an online application, the Customer has paid at least the first installment and Parcelsea has sent the Customer general terms, special conditions and Smart Mailbox instructions.

   2. If the Customer has paid the first installment, the calculation of the fee shall start from the day when the smart mailbox was installed, ie the first day of the basis for calculating the fee shall be considered the day of installation of the smart mailbox.

   3. The Client must indicate at least the following information in the application:

      1. Names, dates of birth and telephone numbers of smart mailbox users;

      2. Smart mailbox location (address).

      3. Method of payment (whether payment is made in one, two, four or twelve installments) (standing order; e-invoice; credit card; paypal; payment by invoice, etc.)

      4. Does the Client wish to enter into a contract for a fixed term or indefinitely;

      5. Other relevant information.

   4. Parcelsea will send the General Terms and Conditions, special conditions, instructions and confirmation of the conclusion of the Agreement to the Customer by e-mail within 3 working days at the latest. The Terms may also be submitted electronically or as a link to a website.

   5. Parcelsea has the right to decide whether or not to enter into a contract with a person wishing to enter into a contract. If the contract is not concluded, Parcelsea shall notify the person wishing to enter into the contract of the non-conclusion of the contract.

   6. The agreement is for an indefinite period, unless otherwise agreed between the parties.

   7. The customer has the right to cancel the contract at any time by notifying Parcelsea at least 30 days in advance.

   8. If the Customer cancels the contract earlier than 6 (six) months after the installation of the smart mailbox, Parcelsea has the right to demand in clause 4.10. reimbursement of these costs.

   9. The customer, who is a consumer, has the right to withdraw from the contract within 14 days from the conclusion of the contract.

   10. If Parcelsea has incurred expenses before withdrawal (eg the cost of installing a smart mailbox), then Parcelsea has the right to demand reimbursement of the respective expenses.

   11. If one of the parties repeatedly violates the contract, the other party has the right to cancel the contract immediately. Cancellation of the contract does not preclude the filing of a claim for damages or a claim for a contractual penalty. Nor shall the termination of this Agreement preclude the use of other remedies provided for in this Agreement and this Act.

   12. Upon termination of the Agreement on any basis, the Customer undertakes to return the Smart Mailbox within 5 working days at the latest. The method of return shall be agreed upon by the parties upon submission of the notice of termination of the contract. If the Customer does not return the Smart Mailbox by the deadline specified in this clause at the latest, the Customer undertakes to reimburse the value of the Smart Mailbox and pay a contractual penalty in the amount of 500 euros.

5. INSTALLATION, DELIVERY AND MANAGEMENT OF SMART MAILBOX

   1. Parcelsea is obliged to install and operate the Smart Mailbox within a reasonable time after concluding the contract. Parcelsea notifies the Customer of the time of installation after concluding the contract.

   2. The location of the installation is determined by the Customer.

   3. By determining the location, the Client confirms the following:

      1. The customer has the right arising from the law or the contract to use the designated area for the installation of the Smartbox.

      2. Couriers and Parcelsea can access the Smartbox at any time, and in the immediate vicinity (not further than 30 meters) it is possible to park the vehicle serving the Smartbox for up to 15 minutes.

      3. The location of the mailbox is safe and the location does not in any way endanger Parcelsea's property (Smart Mailbox), shipments, Courier's property, property belonging to third parties and the life of any person.

   4. Parcelsea does not guarantee that the mailbox to be installed will be free of previous use. The smart mailbox may be used and may have traces of use due to previous operation. Previous damages are noted in the delivery and receipt certificate of the device, which is prepared immediately after the installation and readiness of the Smart Mailbox.

6. PAYMENT

   1. The service provision fee is paid either monthly, quarterly, semi-annually or annually, depending on the services and method chosen by the client in the application.

   2. If the method of payment is twelve installments, the first installment shall be two months' installments.

   3. Parcelsea will forward the invoice to the Customer in the manner indicated in the application.

   4. Parcelsea is not responsible for any additional payment costs and transfer fees.

   5. Except as provided in clauses 4.8 and 4.10, the cost of a one-time installation of the smart mailbox shall be borne by Parcelsea. The installation cost consists of the transportation, commissioning and testing of the Smartbox according to the location indicated in the Application, provided that it is located within the borders of the Republic of Estonia. When installing a smart mailbox outside the Republic of Estonia, the Customer undertakes to pay an installation fee.

   6. If the Customer wishes to change its location after the first installation of the Smartbox (eg when moving), the Customer undertakes to pay a fee for changing the location.

   7. Parcelsea must be notified immediately of any change of location and the parties will agree on a new location for the Smartbox.

   8. If additional unforeseen and unexpected costs arise during the installation of the Smartbox, Parcelsea will notify the Customer of the respective costs in the agreed manner. If the Customer does not wish to bear these costs, the Customer has the right to withdraw from the contract without incurring additional costs.

   9. In case of delay in payment of the fee, a default interest of 0.4% of the unpaid amount per day is added to the basic fee.

   10. Parcelsea reserves the right to set off unpaid payments at its discretion.

   11. If the Customer has delayed the payment of the fee for more than 40 days, Parcelsea has the right to cancel the contract without prior notice. Cancellation of the Agreement does not release the Customer from indemnification and damages caused due to premature termination of the Agreement.

7. CUSTOMER OBLIGATIONS

   1. The customer is obliged to provide actual and all known data for the conclusion of the contract, which may have an effect on the conclusion of the contract.

   2. If the data indicated in the application changes, the Client undertakes to notify Parcelsea of ​​the change of data within five working days at the latest.

   3. The Customer is obliged to keep the Smart Mailbox prudently and use it for the intended purpose and at the agreed location and to follow all instructions given by Parcelsea.

   4. The Customer is obliged to instruct all Users who have access to the contents of the Smartbox. Users are considered to be equated with the Customer. This also applies to Users whose data has not been provided by the Customer to Parcelsea.

   5. The customer is obliged to pay the fee agreed in the contract.

   6. The Customer is obliged to immediately notify Parcelsea of ​​any malfunctions and other obstacles that occur or have occurred during the use of the Smart Mailbox.

   7. The Customer is obliged to provide Couriers and Parcelsea employees or a Parcelsea representative with access to the Smart Mailbox, to enter shipments and to maintain or move the Smart Mailbox.

   8. The customer is not allowed to sublet or use the Smartbox for free or for a fee to third parties. The Customer also has no right to transfer, pledge or perform other operations with the Smart Mailbox.

8. OBLIGATIONS OF PARCELSEA

   1. Parcelsea undertakes to lease and install Smart Mailbox. Parcelsea also undertakes to maintain and ensure the smooth operation of the Smart Mailbox.

   2. In the event that the Smart Mailbox becomes unusable (for example, a fault has occurred), Parcelsea undertakes to repair or replace the Smart Mailbox within a reasonable time after receiving the relevant notice from the Customer. If it is not possible to use the Smartbox for more than 7 days, Parcelsea will reduce the fee paid by the Customer to Parcelsea for each day exceeding the seventh day on the basis of the agreement. The daily fee is calculated on the basis of the payment made by the customer.

   3. Parcelsea undertakes to comply with all other obligations set out in these terms and conditions.

9. RESPONSIBILITY

   1. Parcelsea is liable for damage wrongfully caused to the Customer (gross negligence or intent) during the installation or maintenance of the Smart Mailbox.

   2. Parcelsea is not liable for damage caused by the Customer's compliance with the installation instructions given to Parcelsea.

   3. Parcelsea shall not be liable for any damage caused by the Customer's failure to comply with the instructions given to the Customer by Parcelsea or as a result of a breach of contract.

   4. Parcelsea is not liable for damage caused by the Sender, Courier or any other third party. In this case, the terms of the sender or courier apply.

   5. Parcelsea is not responsible for the destruction, damage, spoilage, loss or theft of Shipments installed in the Smartbox during its use.

   6. Parcelsea is not liable for damage caused by force majeure.

   7. The Customer shall be liable for any damage wrongfully caused to Parcelsea (gross negligence or intent) caused to Parcelsea by the Customer when using the Smart Mailbox.

   8. If a Party is liable for damage caused to the other Party, the indemnity shall include, in particular, the reasonable costs of repairing or replacing the damaged Shipment or item.

   9. The scope of Parcelsea's liability is limited to the amount of payments made by the Customer to Parcelsea. Also, the extent of liability does not in any case exceed the amount of compensation provided for in the CMR Convention or the Law of Obligations Act, ie 8.33 SDR per kilogram of gross weight of the damaged or lost Shipment. One of the two restrictions mentioned in this section applies. This restriction, which is lower, applies.

10. TRANSMISSION OF MESSAGES

    1. The person wishing to enter into the agreement undertakes to submit an application for the installation of the Smartbox via the website parcelsea.com.

    2. All notices that cannot be submitted via the website Parcelsea.com shall be submitted at least in a form that can be reproduced in writing via the e-mail indicated on the website of the Landlord Parcelsea. Parcelsea will forward all notices to the Customer to the e-mail address specified by the Customer in the agreement or by text message to the telephone number specified by the Customer in the agreement.

11. CUSTOMER DATA PROCESSING

    1. Parcelsea processes the Customer Data in accordance with the Lessee's personal data processing principles, which are published on the Parcelsea website www.parcelsea.com/privaatsuspoliis

12. DISPUTE SETTLEMENT PROCEDURE

    1. All disputes arising between the Customer and Parcelsea will be resolved through negotiations between the parties. The customer has the right to submit a complaint to Parcelsea, to which Parcelsea will respond within 10 working days at the latest. If the dispute cannot be resolved through negotiations, the dispute shall be resolved in accordance with the legislation in force in the Republic of Estonia.

    2. The Consumer Customer has the right to turn to the Consumer Disputes Committee to resolve a dispute. Contact details and procedural rules can be found at the website www.komisjon.ee

    3. In order to resolve disputes, the Client has the right to apply to the court of the Republic of Estonia under the conditions and pursuant to the procedure provided by legislation.

13. OTHER PROVISIONS

    1. Parcelsea confirms that the Smartbox is the property of Parcelsea and that third parties do not have any rights in Parcelsea's assets.

    2. The limitation period for claims arising from this Agreement shall be three years. The limitation period shall run from the time when the claim becomes collectible.

    3. If any of the above terms and conditions are void or do not become part of the contract, these will not affect the validity of the remaining terms.

    4. Parcelsea reserves the right to change the terms. The amended terms and conditions shall not become part of the contract in the case of contracts concluded before the amendment, even if they have proved to be void.

The conditions are valid from 21.12.2020

These special terms and conditions (hereinafter: the terms and conditions) are part of the lease agreement concluded between the customer and the service provider (hereinafter: Parcelsea). The Terms and Conditions apply in conjunction with Parcelsea General Terms and Conditions A / 2020. The terms and conditions shall be agreed upon in the manner of providing the Service .;

1. DEFINITIONS

   1. The parties to the Agreement are the Customer and the service provider or Parcelsea.

   2. The customer is a natural or legal person who has entered into an agreement with Parcelsea for the use of a smart mailbox.

   3. The consignee is a natural or legal person who has access to the smart mailbox used by the Customer and who is marked as the consignee on the shipment. The Beneficiary is considered to be an equal person with the Client.

   4. Parcelsea is a legal entity that provides the Service in accordance with these terms and conditions and Parcelsea general terms and conditions A / 2020.

   5. A courier is a transport company in a contractual relationship with the Service Provider and the Customer, from which the Customer has ordered a courier service or parcel delivery and to whom the Service Provider has given the right to enter and remove items from the Smart Mailbox.

   6. The delivery terms and conditions are the terms and conditions of delivery of the respective e-store shipment or the Courier's terms and conditions, which the Customer has agreed upon when making the transaction with the e-store and choosing the delivery method.

   7. A consignment is properly packaged and marked physical goods addressed to the Customer or the consignee.

   8. The Service is a service provided by Parcelsea to the Customer that enables the use of the Smart Mailbox. It is not a forwarding or transportation operation.

   9. An order is an order given by the Customer to the Courier for the physical delivery of the Shipment to the Smartbox.

   10. An e-shop is a website or application through which goods are sold online.

   11. E-service is a web-based environment through which Customers can manage their Services, orders, authorizations, data and other circumstances used by the parties to perform the contract.

   12. The User's Guide is an appendix to Appendix 1 for how to enter and remove Smart Mail items. Also included in the user guide are smart mailbox features.

2. OBJECT OF THE CONTRACT

   1. Parcelsea provides the Smart Mailbox usage service, ensuring that the Smart Mailbox operates in accordance with Parcelsea's general terms and conditions.

   2. The smart mailbox service is available 24 hours a day (except during the maintenance period).

   3. Services include standard service and additional services.

   4. Smart mailbox rental and maintenance service as a standard service. The regular service is considered to be Smart Mailbox rental and maintenance. The standard service includes the delivery of Shipments to the Smart Mailbox, if the Order is submitted in clause 4.1. in this way.

   5. Additional services can be ordered only if a contract for the provision of a standard service has been entered into. Additional services are listed on Parcelsea's website www.parcelsea.com

   6. It is possible to send to the smart mailbox all permitted items that meet the characteristics set out in clause 7 of the conditions.

   7. The prerequisite for ordering a smart mailbox for a shipment is the authorization given to Parcelsea by the Customer.

   8. After the courier enters the shipment in the smart mailbox, the order is considered fulfilled and the shipment is delivered and Parcelsea notifies the Customer of the arrival of the shipment by text message.

3. AUTHORIZATION

   1. Parcelsea and the Courier have the right to use third parties to provide the Service and fulfill the Orders. The Client authorizes Parcelsea to represent itself before legal entities that offer courier or parcel delivery services in their daily economic and professional activities (hereinafter courier or couriers).

   2. The content and purpose of the authorization is to perform the operations necessary for the delivery of items to the smart mailbox.

   3. Parcelsea will forward to the Courier only the information necessary for the performance of the contract, which is the address of the smart mailbox, the name of the Recipient; Recipient's Telephone Number; Recipient's email address; Consignment documents or other information necessary for the performance of the contract. The courier keeps the relevant information confidential.

   4. If it is necessary to enter into a bilateral agreement between the Courier and the Customer in order to provide the Service, Parcelsea has the right to forward to the Courier in clause 3.3. these data.

   5. The authorization is granted with the right of sub-authorization only to other couriers and only to the extent, under the conditions and for the purpose set out in this clause.

   6. The list of authorized couriers is published on Parcelsea's website www.parcelsea.com

4. SUBMISSION, PERFORMANCE, MODIFICATION AND CANCELLATION OF THE ORDER

   1. Orders can be delivered in the following ways:

      1. When ordering from the e-shop, by selecting the courier method as the delivery method and entering the delivery address and your own telephone number;

      2. In other cases (eg if the Shipment is sent by a private person), by selecting the courier method as the delivery method and entering the delivery address.

   2. The order is considered submitted and accepted by Parcelsea after payment of the fee.

   3. The shipment will not be delivered to the smart mailbox if:

      1. The smart mailbox is empty and it is not possible to enter new shipments in the mailbox;

      2. The order does not meet the requirements (the content of the order is prohibited items, there is a high risk of damaging the order or Smart Mailbox, etc.);

      3. The dimensions or other characteristics of the Shipment do not allow the Shipment to be safely inserted into the Smart Mailbox;

      4. The location of the smart mailbox has changed or is not accessible;

      5. There is another reason or obstacle that prevents the shipment from entering the smart mailbox.

   4. When submitting the Order, the Customer is obliged to ensure that the Order complies with the requirements provided in the agreement concluded between the Customer and Parcelsea and the Courier Terms.

   5. When changing or canceling an order, the agreement concluded between the Customer and the Courier or the relevant legislation shall apply.

5. SHIPMENT DELIVERY

   1. Entering a shipment into a smart mailbox is considered delivery. If the shipment is installed in the Smartbox, the shipment is considered delivered.

   2. The consignment will be delivered to the Recipient within the time period specified in the delivery terms and conditions, the terms and conditions established by the Sender or the agreement concluded between the Customer and the Courier.

   3. When entering the shipment in the smart mailbox, Parcelsea sends a text message to the recipient about the arrival of the shipment.

   4. If the contents of the consignment contain an alcohol product or products, the consignment shall be delivered to a smart mailbox within the time period permitted for that purpose by legislation.

   5. If the contents of the consignment are alcohol or tobacco products or other products for the purchase of which the buyer must be at least an adult, the Customer is responsible for handing over the consignment to a minor. St. The customer must ensure that when ordering alcohol or tobacco products or other similar products, which must be purchased by an adult, the minor does not have access to the contents of the smart mailbox. The sender or courier has the right to refuse to deliver the consignment to the smart mailbox if the sender or courier suspects that the consignment may fall into the possession of a minor.

   6. If the contents of the shipment are perishable goods or other goods whose properties are rapidly changing, the Recipient undertakes to remove the goods from the Smart Mailbox as soon as possible. Parcelsea does not guarantee the preservation of the product or its properties and is not responsible for the deterioration of the product.

6. SUBMISSION OF CLAIMS, RETURN OF PRODUCTS AND LIABILITY

   1. The customer is obliged to check the condition of the shipment and its packaging as soon as possible. If the packaging is damaged, the consignment is damaged or spoiled, the Customer is obliged to notify the Sender or Courier immediately.

   2. The shipment will be returned under the conditions established by the Sender or the Courier, respectively.

   3. The risk of damage or loss of the shipment passes to the Customer after entering the products in the smart mailbox.

   4. The general grounds for liability are set out in Parcelsea General Conditions A / 2020.

7. SHIPMENT REQUIREMENTS

   1. The smart mailbox can hold a maximum of the following sizes in different boxes (length x width x depth):

      1. XS: 220mm x 160mm x 528mm
      2. M: 220mm x 440mm x 528mm
      3. L: 578mm x 470mm x 528mm

   2. Shipments must be packaged in such a way that the packaging protects the smart mailbox from liquids, physical damage or soiling.

8. PROHIBITED SHIPMENTS

   1. It is forbidden to send or order the following items to the smart mailbox: weapons and weapon parts, ammunition and its parts; gas; explosives; munitions; flammable and dangerous goods (fireworks, fuel, solvents; paints); radioactive materials; toxic substances; infectious substances; narcotic and psychotropic substances; acids; live animals; substances which, due to their properties, may endanger the Customer, the Courier, a third party or other shipments; money.

Special conditions A2 / 2020 are valid from 21.12.2020