General terms and conditions

GENERAL TERMS AND CONDITIONS OF THE COMPANY EXPRESS ONE SI, D. O. O.

Article 1    
Name and headquarters of the provider of other postal services, description of the provided service and areas of service provision

1.1. These general terms and conditions (hereinafter: “General Terms”) apply to all activities of Express One Slovenia d.o.o., with its registered seat and business address at Pod lipami 21, 1218 Komenda, registration number 9101691000, tax number SI 30657008 (hereinafter: “Express One Slovenia d.o.o.”), in connection to receipt, collection, sorting, forwarding, handling, transport and delivery of shipments (hereinafter: “Other Postal Services”). With regard to Other Postal Services, Express One Slovenia d.o.o. shall also provide specific additional services which have added value, such as, for example, cash-on-delivery shipment delivery, person-to-person shipment delivery, delivery with the return of certified document (dispatch note), shipment delivery at a specific time, additional shipment insurance, SMS and e-mail notification. 

1.2. Express One Slovenia d.o.o. provides Other Postal Services in domestic (i.e., in the entire area of the Republic of Slovenia) and international postal traffic. The area where Express One Slovenia d.o.o. provides international postal services is specified on the Express One Slovenia d.o.o.’s website (www.expressone.si).

1.3. If a specific word or an expression in these General Terms has a specific meaning attributed to it, other grammatical forms of said word or expression have this specific meaning.

1.4.In case Express One Slovenia d.o.o. and the legal or natural person as the Client sign a service provision agreement in writing (hereinafter: “Agreement”) and if such Agreement provides that their general terms are its constituent part, these General Terms shall apply only in the scope not contrary to any provision of such Agreement. An agreement created by ordering any of the services that Express One Slovenia d.o.o. provides via the internet shall not be deemed as such Agreement.

1.5. If Express One Slovenia d.o.o. and a legal or natural person as the Client fail to sign the Agreement, then only the provisions of these General Terms shall apply to the relationship between Express One Slovenia d.o.o. and the Client. For the purpose of these General Terms the term “Client” shall be a legal or a natural person using the service as a sender or a recipient.

Article 2    
Express service in domestic postal traffic

2.1.    Express service in domestic business shall be a service which includes sending one or more shipments to the same address, and Express One Slovenia d.o.o. shall generally deliver them within a single (1) working day from the moment the shipment(s) were received (for the purposes of these General Terms, a working day shall be any day except for Saturday, Sunday or a day that is under the Slovenian law deemed as a state holiday), except in cases where the shipment is to be delivered to a location where, due to the current driving schedule of Express One Slovenia d.o.o., it is not possible to deliver the shipment within a single (1) working day from the day the shipment is received. Moreover, an exception to the delivery of the shipment within a single (1) working day from the day it is received shall exist in case where an Oversize or Massive Shipment is to be delivered to a location where, due to the current driving schedule of Express One Slovenia d.o.o., it is not possible to deliver the shipment within a single (1) working day from the day of reception, in which case the delivery date shall generally be within five (5) working days starting from the date of reception. 
 

2.2.    When sending the shipment using the Express service, the Client can choose between:

a)    door-to-door delivery;
b)    Express One Slovenia d.o.o. shop-to-Express One Slovenia d.o.o. shop delivery;
c)    door-to-Express One Slovenia d.o.o. shop delivery;
d)    Express One Slovenia d.o.o. shop-to-door delivery;
e)    delivery to the parcel machine.

The term "door-" shall mean Express One Slovenia d.o.o.’s shipment reception on the stated sender’s address. The term "to-door" shall mean shipment delivery to the stated recipient’s address. In case of door-to-door shipment sending, the maximum dimension of the longest side of the shipment can be 200 cm and the sum of the longest side and the perimeter* cannot be bigger than 3.60 m (*perimeter = 2 height × 2 width).

The term "Express One Slovenia d.o.o. shop" shall mean any location (office, kiosk, space, property) that, at the moment of sending the shipment, is on the list of Express One Slovenia d.o.o. shops at the Express One Slovenia d.o.o.’s website or in the "app" for sending shipments. When sending the shipment from or to an Express One Slovenia d.o.o. shop, a Client, who has not concluded the Agreement, can send a shipment of the following maximum dimensions: 44 × 30 × 40 cm. A Client, who has concluded the Agreement, can send a shipment to an Express One Slovenia d.o.o. shop with the following maximum dimensions:

a)    the sum of the longest side and the perimeter* cannot be bigger than 2 m (*perimeter = 2 height × 2 width);
b)    maximum length of the longest side = 50 cm.

Regardless of the destination and the point of departure and the nature of the Client, the weight of each shipment can be a maximum of 31.5 kg. Shipments with the length on the longest side of more than 100 cm or shipments that with their form and content deviate from the standard or usual shipments, such as bulky shipments, shipments in the shape of a cone and/or cylinder (for example, but not limited to: barrels, bins, tires, drums), all shipments not packed in cardboard packaging (including, for example, but not limited to: brooms, ladders, thin bars, various tools, exhaust pots, dolls), and shipments that cannot be safely manipulated on mobile conveyor belts in accordance with the technological process of Express One Slovenia d.o.o. shall be marked as massive or oversize shipments (hereinafter: "Massive Shipment" or “Oversize Shipment”) with the obligation of an additional fee for a Massive Shipment or Oversize Shipment pursuant to Express One Slovenia d.o.o.'s price list. Massive Shipment or Oversize Shipment, subject to an additional fee for a Massive Shipment or Oversize Shipment, shall also be a shipment when its maximum combined dimension* exceeds 360 cm (*maximum combined dimension = maximum volume (maximum volume = 2 × height + 2 × width) + length of longest side). Express One Slovenia d.o.o. shall have the right to refuse to receive a Massive Shipment or Oversize Shipment.

The term "automated parcel machine" (APM) means a parcel collection box where users can collect or drop off their shipment 24 hours a day, 7 days a week. The shipment is available three (3) working day available at the locations published on the Express One Slovenia d.o.o.’s website at the time of dispatch or in the "App" for parcel dispatch via parcel machines. Parcel machine means a service available to users 24 hours a day, 7 days a week, with a deadline for parcel download of three working days.

2.3.    After Express One Slovenia d.o.o. takes over the shipment from the sender, such shipment shall be measured (weight, dimensions, and volume) in accordance with the technological process of Express One Slovenia d.o.o., and these measurements are considered by Express One Slovenia d.o.o. as accurate and true and shall be valid as such for the sender.

2.4.    If the sender orders a reception of any Express shipment from paragraph 2 of this Article, and during an attempted reception by Express One Slovenia d.o.o. the same shipment is not prepared for reception, Express One Slovenia d.o.o. shall have the right to charge a fee for a failed shipment reception in accordance with Express One Slovenia d.o.o.'s price list.

2.5.    After the shipment is delivered to the recipient, Express One Slovenia d.o.o. shall not be responsible for waiting for the recipient to check the delivered shipment. In case the shipment recipient conditions the reception of such a shipment with the presence of Express One Slovenia d.o.o. during the check-up process, it shall be deemed that the recipient refused to accept the shipment and Express One Slovenia d.o.o. shall return the shipment to the sender. To avoid any doubt, in case Express One Slovenia d.o.o., due to the above stated reason, returns the shipment to the sender, it shall be deemed that Express One Slovenia d.o.o. fulfilled its service as requested by the Client and shall have the right to charge for the contracted fees.

2.6.    If Express One Slovenia d.o.o. delivers the shipment to the recipient, it shall be deemed that by signing the Delivery List from Express One Slovenia d.o.o., the recipient confirmed the reception of the shipment, and it shall mean that Express One Slovenia d.o.o. fulfilled its obligation in full and shall have the right to charge the contracted fees to the Client.

Article 3    
Services in international postal traffic

3.1. EU Express service is an international service which includes sending shipments to the EU countries listed on the Express One Slovenia d.o.o.’s website (www.expressone.si) with an expected, but not guaranteed, delivery deadline and the maximum allowed weight of each shipment being 31.5 kg. The expected delivery deadline of the shipment depends on the EU country to which the shipment is to be delivered. The delivery deadlines are stated on Express One Slovenia d.o.o.'s website (www.expressone.si). The EU Express service does not include receiving shipments from abroad.

3.2. Eurodis service is an international service which includes sending to and receiving shipments from the European countries listed on the Express One Slovenia d.o.o.’s website (www.expressone.si) with an expected, but not guaranteed, delivery deadline and a maximum allowed weight of each shipment of 50 kg. Expected delivery deadlines can be found at the Express One Slovenia d.o.o.’s website (www.expressone.si). When handing over the shipment, the sender can request from Express One Slovenia d.o.o. for the shipment to be delivered to the recipient with a previous charge of a total cash-on-delivery amount from the recipient to the benefit of the sender of the shipment. The availability of this additional service, with regard to the destination, can be found at the Express One Slovenia d.o.o.’s website (www.expressone.si).

Article 4    
Packaging procedure, packaging methods, refusal to take shipment

4.1.    The sender is obliged to pack any shipment in order to protect its value and to prevent damage to the shipment. When packing the shipment, the sender must pay special care, so that the packaging and the shipping do not to cause damage to other shipments which Express One Slovenia d.o.o. receives/takes over, transfers and delivers, to Express One Slovenia d.o.o.'s facilities and equipment, the assets of third parties in possession of Express One Slovenia d.o.o. and not to negatively affect the security and health of its employees and other persons. The choice of the packaging material and packaging manner must correspond to the content, type, dimensions, weight and value of the shipment and the length of the relation to which the shipment is to be transferred. The sender is obliged to provide the packaging materials for the shipment and shall be responsible for such selection as well as for the manner of packaging (which must be in accordance with the rules laid down in these General Terms).

4.2.    The sender shall pack glasses and other very fragile and delicate items individually into a solid box filled with appropriate protective material (paper, Styrofoam, sponge or the like). In that case, the sender must indicate on the shipment that its contents are made of glass, very fragile or delicate.

4.3.    Liquids and soluble matter shall be sealed by the sender in a sealed container or any other impermeable packaging (first packing). A sealed container or other impermeable packaging should be wrapped in a material that is capable of absorbing liquids, in case of a fracture or release of a container or packaging containing the liquid or soluble matter. Finally, the sender shall also place such a shipment into a solid box (second packing). 

4.4.    Express One Slovenia d.o.o. shall have the right to refuse a shipment in any of the following cases: 

a)    if Express One Slovenia d.o.o. considers the shipment not wrapped in the manner prescribed under these General Terms; 
b)    if the Shipment is not addressed in the manner prescribed under these General Terms; 
c)    if transport documentation is missing or incomplete, illegible, damaged or is in any other manner unusable; 
d)    if Express One Slovenia d.o.o., at its discretion, decides it cannot transfer and deliver the shipment; 
e)    if Express One Slovenia d.o.o. deems that, by taking over the shipment, it may endanger its business, lives and/or health of its employees or third parties or cause damage to its property or third party assets; 
f)    if the shipment contains Prohibited Content or other dangerous goods;
g)    if the shipment is on a pallet; 
h)     if the shipment has long sharp parts sticking out; and 
i)    if at the moment of receiving a request, there is a due and unpaid claim of Express One Slovenia d.o.o. to the Client for any of the services provided by Express One Slovenia d.o.o..

4.5.    Express One Slovenia d.o.o. shall not be held liable for damage caused to the shipment and/or its contents because the sender failed to use corresponding material during packaging or because the sender failed to comply with the packaging instructions specified in these General Terms. In order to prevent any doubt, the fact that Express One Slovenia d.o.o. has taken over the shipment for transport and delivery shall not mean that the sender has packed the shipment in accordance with the provisions under these General Terms.

4.6.    The sender may, in accordance with the Agreement, order the reception of any Express shipment referred to in Article 2.2. of these General Terms, at the address or other addresses of the senders referred to in the Agreement or in the operational programme of Express One Slovenia d.o.o., in which case Express One Slovenia d.o.o. reserves the right to collect fees for shipment takeover at an alternate address according to the Express One Slovenia d.o.o.'s price list.

4.7.    All shipments shall be subject to the shipment takeover fees and toll fees in accordance with Express One Slovenia d.o.o.'s price list.

Article 5    
Prohibited Contents in shipment, handling shipment containing Prohibited Contents

5.1.    For the purposes of these General Terms, "Prohibited Contents" shall mean, live animals, perishable or easily perishable goods, radioactive, explosive and easily flammable items or other dangerous substances such as prohibited chemicals, gold, silver, precious stones or other precious materials, securities and other documents with monetary value, firearms (either whole or in parts) and other weapons, ammunition or any other objects of which reception or any other procedure during service provision is associated with the danger to other shipments, postal items, equipment and means of transport or to the lives and health of humans, sexual integrity, economy, public order and peace, human or animal remains, illicit drugs (unless the sender and the recipient are authorised to transport or use drugs under the law), other objects whose transportation is prohibited pursuant to the regulations of the Republic of Slovenia or the decision of any state body or organization. Express One Slovenia d.o.o. shall not accept a shipment containing any Prohibited Contents.

5.2.    If it is suspected that Prohibited Contents are in the shipment, Express One Slovenia d.o.o. shall refuse to takeover such a shipment for transportation, or if such shipment was already taken over for transportation it shall not be delivered to the recipient. Such shipment shall be stored in a secure place away from employees and any tampering with the shipment shall be prevented. Express One Slovenia d.o.o. shall immediately call the emergency number “112” or the police on the number “113”, who will take further action as appropriate. 

5.3.    In the event that a shipment cannot be delivered to the recipient or returned to the sender, Express One Slovenia d.o.o. shall make an official note on the shipment and shall keep the shipment for one year, starting from the day when the official note was made. For such shipments, Express One Slovenia d.o.o. shall keep records. Upon expiration of the one-year term, Express One Slovenia d.o.o.’s shall destroy such shipment unopened before a commission.

Article 6    
Addressing shipments and transportation documentation

6.1.    The sender may address the shipment either manually (by writing the necessary information on the "Takeover List" and "Advice Note" forms) or electronically (by printing the necessary data with a special computer program provided by Express One Slovenia d.o.o. for the sender (hereinafter: "App")). Takeover List and Advice Note forms are available on Express One Slovenia d.o.o.’s website (www.expressone.si).

6.2.    If the sender has not signed the Agreement with Express One Slovenia d.o.o., the Takeover List and the Advice Note shall be completed by the employee of Express One Slovenia d.o.o. upon receiving the shipment from the sender and based on the information received from that sender on that occasion. The authenticity and accuracy of the data on the Takeover List is confirmed by the signature of the person handing over the shipment to Express One Slovenia d.o.o.. In order to prevent any ambiguity, it shall be deemed that the person handing the shipment to Express One Slovenia d.o.o. for transportation is authorised to hand over such a shipment on behalf of the sender.

6.3.    For the purpose of these General Terms, the term "Supporting Documentation" shall mean the Takeover List, Advice Note, Dispatch Note and Delivery List. The Takeover List and Advice Note are forms that are completed manually or electronically either by the sender (if the sender signed an Agreement with Express One Slovenia d.o.o.) or the employee of Express One Slovenia d.o.o. when receiving the shipment from the sender (if the sender has not signed an Agreement with Express One Slovenia d.o.o.). When receiving the shipment, the sender or the employee of Express One Slovenia d.o.o. shall sign the Takeover List in two (2) copies. One copy of the Takeover List shall remain with the sender as evidence that he/she handed over the shipment to Express One Slovenia d.o.o.; the second copy shall remain with Express One Slovenia d.o.o.. The Advice Note is a form that is attached to the shipment. The data on the Takeover List has to be the same as the data on the Advice Note. The Advice Note shall also contain three (3) identical barcodes, two of which are self-adhesive, one of which shall be attached to the sender's copy of the Takeover List, and the other to Express One Slovenia d.o.o.'s copy of the Takeover List. The Dispatch Note is a sender's document that the sender can send (solely in a manner prescribed by Express One Slovenia d.o.o.) together with the shipment. When delivering the shipment to the recipient, the recipient shall sign the Dispatch Note which shall then be returned to the sender and serve as evidence that the recipient took over the shipment. The return service of the Dispatch Note shall be charged additionally by Express One Slovenia d.o.o. in accordance with its price list. The Delivery List is a form that the recipient signs, and which serves to Express One Slovenia d.o.o. as evidence that the recipient took over the shipment. 

6.4.    The sender shall be responsible for ensuring that all data, additional services and data posted by the sender on the Takeover List and Advice Note are clearly marked and stated so that Express One Slovenia d.o.o. can perform its services in accordance with the above. If such information is not provided or is incomplete (for example, but not limited to: required return of the Dispatch Note and how many need to be returned etc.), Express One Slovenia d.o.o. shall always act according to the information available at the time of delivery and shall not be liable for any failure to execute, in full or in part, any additional services and anything else related to them.

Article 7    
App use for printing the Takeover List and Advice Note

7.1.    Information on the Takeover List and the Advice Note printed with the use of the App shall consist out of two parts: (a) the Takeover List and Advice Note printed with the App and (b) a data set, in the form of a file created with the use of the App.

7.2.    When receiving the shipment, the sender shall include with the shipment an electronically completed Takeover List and a shipment marked with an electronically completed Advice Note to Express One Slovenia d.o.o.. Moreover, the sender shall (no later than the moment of the shipment being delivered to Express One Slovenia d.o.o.) send electronic data on the shipments to Express One Slovenia d.o.o., with said data being in the form of a file created by using the App. The sender shall send the files to Express One Slovenia d.o.o. in a manner specified under the documentation on App use. Express One Slovenia d.o.o. shall publish the instructions for the use of the App at its website: www.expressone.si.

7.3.    The sender shall be responsible that the data sent to Express One Slovenia d.o.o. in the form of a file is the same as the data on the electronically completed Takeover List and Advice Notice. If such data is not the same, Express One Slovenia d.o.o. shall always proceed in accordance with the data on the file.

7.4.    Express One Slovenia d.o.o. shall also take over the shipment if (a) the sender does not submit the file to Express One Slovenia d.o.o. before submitting the shipment for transportation as well in case (b) the file has been manually changed before it is handed over to Express One Slovenia d.o.o. or (c) it contains incomplete or unreadable data or (d) it is not usable/it is damaged at the moment Express One Slovenia d.o.o. receives it due to any other reason for which Express One Slovenia d.o.o. is not responsible.

7.5.    If Express One Slovenia d.o.o. receives the shipment and any of the following cases occur:

a)    the sender fails to hand over the file to Express One Slovenia d.o.o. before handing over the shipment for transportation;
b)    the sender manually modifies the file before sending it to Express One Slovenia d.o.o.;
c)    the file is not usable/it is damaged at the moment Express One Slovenia d.o.o. receives it due to any other reason for which Express One Slovenia d.o.o. is not responsible;
d)    the file contains incomplete or unreadable data;

Express One Slovenia d.o.o. shall perform the service solely based on the data in its possession at the given moment. Furthermore, in case of the performances of service in any of the previously stated cases, Express One Slovenia d.o.o. shall have the right to charge its service by applying valid prices for the service or services performed with regard to the data Express One Slovenia d.o.o. possessed at the given moment.

7.6.    If any of the cases described under paragraph5 of this Article occur, Express One Slovenia d.o.o. shall not be liable to the sender and/or the recipient for:

 

• a)    exceeding the guaranteed deadline for the transportation and delivery of the shipment;
• b)    failure to perform a service requested by the Client from Express One Slovenia d.o.o.;
• c)    failure to pay the cash-on-delivery amount if the sender has sent a cash-on-delivery shipment;
• d)    failure to return the Dispatch Note to the sender in case the sender enclosed a Dispatch Note with the shipment;
• e)    any form of damage (ordinary damage, loss of benefit, non-material damage or any other form of indirect, consequential or collateral damages) incurred by the sender and/or recipient for any of the reasons referred to in items (a) to (d).

7.7.    Correcting data on the Takeover Lists and Advice Notes shall be allowed only by using the App to print a new Takeover List and Advice Note. Manual data correction on the Takeover List and Advice Note printed with the App shall not be allowed. In the event that the sender manually corrects the data on the Takeover List and Advice Note, which have been printed using the App, Express One Slovenia d.o.o. shall not take into account such modifications and shall perform its service solely in accordance with the data in the form of a file.

Article 8    
Use of other electronic technologies in shipment transportation

8.1.    The sender may submit to Express One Slovenia d.o.o. a shipment that does not contain the Takeover List and Advice Note, and Express One Slovenia d.o.o. shall then use the barcodes of the sender's documentation in order to perform its service with a special electronic exchange of data between the sender and Express One Slovenia d.o.o.. The technical and technological means and rules and procedure of the electronic data exchange, without the use of the Takeover List and the Advice Note, shall be regulated under a special agreement signed between the sender and Express One Slovenia d.o.o..

8.2.    The electronic data exchange service and the receipt of shipments with barcodes created by the sender must be agreed between Express One Slovenia d.o.o. and the sender. To avoid any doubt, and when the above-mentioned service is contracted between Express One Slovenia d.o.o. and the sender, the sender shall be responsible for the accuracy of the electronic data to be provided to Express One Slovenia d.o.o.. In the event of discrepancy between the electronic data provided to Express One Slovenia d.o.o. and the data indicated on the sender's documentation, Express One Slovenia d.o.o. shall provide only the electronic data that has been provided to Express One Slovenia d.o.o. as accurate and final for the execution of the service.

8.3.    In case Express One Slovenia d.o.o.:

a)    does not receive electronic data before receiving the shipment; or
b)    receives electronic data before receiving the shipment, but finds that the electronic data are incompatible (electronic data shall be considered as irrelevant if they are (for example, but not limited to) damaged, illegible, incomplete, etc.);

Express One Slovenia d.o.o. shall not be obligated to execute its service.

8.4.    Failure to complete the service of Express One Slovenia d.o.o., for any reason stated under paragraph 3 of this Article, shall have no consequences in the form of liability of Express One Slovenia d.o.o. to the sender or the recipient for any form of damage (ordinary damage, loss of benefit, non-material damage or any other form of indirect, consequential, or collateral damages).

Article 9    
Shipment takeover and delivery

9.1.    If receiving the shipment is not possible at the stated address, Express One Slovenia d.o.o. shall try to receive the shipment one more time. If the shipment is not possible to receive the second time, Express One Slovenia d.o.o. shall charge a fee for unsuccessful collection of shipments to the Client.

9.2.    The price of each service provided by Express One Slovenia d.o.o. shall include the delivery of the shipment. If the recipient (or the substitute recipient) of the shipment is not found at the address specified for the delivery of the shipment, Express One Slovenia d.o.o. shall notify the recipient at that address of the failure to deliver the shipment by stating that the recipient is obliged to contact Express One Slovenia d.o.o. within five (5) working days of the day the notice has been issued in order to make arrangements on a new time or address of shipment delivery. Express One Slovenia d.o.o. shall return the shipment to the sender:

a)    after a period of five (5) working days from the date on which the notice of failed delivery was provided to the recipient, if the recipient does not contact Express One Slovenia d.o.o. within that period to agree on a new delivery date; or
b)    if Express One Slovenia d.o.o. fails to deliver the shipment to the recipient for the second time; or
c)    the recipient refuses to take over the shipment.

9.3.    Due to a significantly higher number of shipments in November and December (hereinafter: “Peak Season”), during this time the delivery times may be extended for up to three (3) working days. Therefore, during the Peak Season Express One Slovenia d.o.o. shall generally deliver shipments within estimated delivery times (specified in Article 2.1. for domestic and Article 3 for international postal traffic) + three (3) working days. For the expected, but not guaranteed, delivery before the year-end (i.e., prior to 31 December) shipments should be received by Express One Slovenia d.o.o. at least three (3) working days before 24 December. Express One Slovenia d.o.o. reserves the right to collect Peak Season surcharge for shipments sent during the Peak Season in accordance with Express One Slovenia d.o.o.’s price list.

9.4.    Express One Slovenia d.o.o. shall apply, according to its price list, the following additional fees:

a)    sending copies of the Delivery Lists with the signature and the possible confirmation of receipt of the shipment by the recipient, to the sender or recipient by e-mail for each shipment older than three (3) months from the date of takeover;
b)    subsequent correction of inaccurate data on the shipment (for example, but not limited to, the amount of cash-on-delivery, change of the number of return documents and similar data provided by the sender), and Express One Slovenia d.o.o. must also go to the address of the sender or recipient;
c)    fees for the modification of data on the payer for postal services after the service is completed;
d)    additional fee for oversized shipment (Massive and Oversized Shipment);
e)    insurance fee;
f)    personal delivery fee;
g)    pick-up fee;
h)    toll fee;
i)    fee for unsuccessful collection of shipments;
j)    fee for picking up shipments at an alternative address;
k)    Peak Season surcharge.

Article 10    
Additional services in domestic business

10.1.    When handing over the shipment, the sender can request from Express One Slovenia d.o.o. for the shipment to be delivered to the recipient with a previous charge of a cash-on-delivery amount from the recipient to the benefit of the shipment’s sender. The recipient shall pay to Express One Slovenia d.o.o.'s employee the price of the cash-on-delivery shipment in cash or (depending on Express One Slovenia d.o.o.'s decision) other means of payment when handing over the cash-on-delivery shipment, and for which Express One Slovenia d.o.o.'s employee shall issue a certain receipt for the payment of the cash-on-delivery amount. Express One Slovenia d.o.o. shall pay the cash-on-delivery amount received from the recipient to the account of the sender. The sender requesting from Express One Slovenia d.o.o. such a service shall state such a service on the Takeover List and the Advice Note, or the form printed using the App. Moreover, the sender shall state the cash-on-delivery amount on the Takeover List and the Advice Note or the form printed using the App. In the event that a recipient, within two (2) working days of the date when Express One Slovenia d.o.o. delivered a shipment, reports a fraud attempt through Express One Slovenia d.o.o.'s website, Express One Slovenia d.o.o. shall request the sender to provide information in the next two (2) working days that enable the sender's identification. If the sender provides such data to Express One Slovenia d.o.o. within two (2) working days from the day Express One Slovenia d.o.o. requested it, Express One Slovenia d.o.o. shall pay to the sender the cash-on-delivery amount to the sender's bank account. Nevertheless, if the sender fails to provide such data to Express One Slovenia d.o.o. or said data cannot be used to identify the sender, Express One Slovenia d.o.o. shall take over the shipment from the recipient and return the cash-on-delivery amount. After taking over the shipment, Express One Slovenia d.o.o. shall visually inspect the packaging of the shipment, make a control weight check and compare with the available surveillance videos. After the inspection of the shipment, the cash-on-delivery amount shall be paid to the bank account of the recipient stated in the fraud report, and the shipment shall be returned to the sender. Said service of fraud report on Express One Slovenia d.o.o.'s website can be used only if both the sender and recipient are natural persons.

10.2.    If Express One Slovenia d.o.o. provides the service of shipment delivery to a specific person (person-to-person), Express One Slovenia d.o.o. shall deliver such a shipment only to the person the sender stated on the shipment. When ordering a person-to-person shipment delivery, the sender shall (a) mark that service on the Takeover List and Advice Note or the form printed using the App; and (b) write "vročiti osebno določenemu prejemniku" (to the hands of a specifically stated recipient) on the shipment. When delivering the shipment to the recipient, Express One Slovenia d.o.o. shall request from the recipient to confirm the reception of the shipment by signing the Delivery List. The sender can, at any moment, know if Express One Slovenia d.o.o. provides the service stated under this paragraph by asking Express One Slovenia d.o.o.. The person-to-person shipment delivery service can be used only by the sender who arranged such service with Express One Slovenia d.o.o. with a special agreement.

10.3.    Express One Slovenia d.o.o. provides SMS and e-mail service notifications of delivery. The sender who wants to send a shipment using such a service of Express One Slovenia d.o.o. has the option to select an SMS and/or e-mail notification using the App. The Sender who requests Express One Slovenia d.o.o. to provide such a service is obliged to mark such service using the App.

10.4.    The Client may request additional services specified in paragraphs 1-4 of this Article from Express One Slovenia d.o.o. in relation to the Express service (as defined in Article 2 of these General Terms).

Article 11    
Liability and exclusion of liability

11.1.    In domestic business Express One Slovenia d.o.o. shall be liable for damage caused during the transfer of packages and document and insured shipments as a result of:

a)    lost, stolen, damaged shipments or reduced shipment contents, 
b)    exceeding the guaranteed shipment transportation and delivery deadline, and 
c)    failure to perform the service, failure to perform the service in full or correctly. 

In this case the Client shall act in accordance with Article 12 of these General Terms. 

11.2.    Notwithstanding paragraph 1 of this Article, in domestic business Express One Slovenia d.o.o. shall not be liable for the damage caused, if it proves that: 

a)    the transport of shipment was carried out in accordance with the General Terms; 
b)    the event referred to in paragraph 1 of this Article arose as a result of Force Majeure (within the meaning of the term under paragraph 6 of this Article), or circumstance for which it is not reasonably or justifiably expected to be under the control or influence of Express One Slovenia d.o.o. (notwithstanding this, the Client is entitled to compensation for any fees paid to Express One Slovenia d.o.o., except for the insurance fee); 
c)    the Client did not file a reclamation within the deadlines laid out in Article 12.1. or 12.2. of these General Terms; 
d)    a claim for damages was not filed within the deadline laid out in Article 12.4 of these General Terms; 
e)    it was a shipment with Prohibited Content; 
f)    the sender has failed to proceed in the manner prescribed in these General Terms when addressing and/or packing the shipment; 
g)    there was damage to the outer packaging during shipment transportation, but without damaging the contents of the shipment; 
h)    the sender did not use the relevant service offered by Express One Slovenia d.o.o. or in other event of intent or negligence of the sender (e.g. fraudulent insurance of the shipment content for a sum exceeding the actual value of the content); 
i)    the damage was caused by the content of the shipment; 
j)    the event referred to in paragraph 1 of this Article arose due to lawful action of competent bodies; 
and in other cases, expressly provided for in these General Terms. 

11.3.    In international business Express One Slovenia d.o.o. shall be liable for damage caused during the transfer of packages (with the exception of packages in e-commerce delivery category) and document and insured shipments as a result of:

a)    lost, stolen or damaged shipments, and
b)    the return of shipments on which no reason for non-delivery is given.

Express One Slovenia d.o.o. shall not be liable for any other shipments other than the ones mentioned in the previous sentence (including packages in e-commerce delivery category). In any other case Express One Slovenia d.o.o. shall not be liable for damage. 

11.4.    Notwithstanding paragraph 3 of this Article, in international shipment Express One Slovenia d.o.o. shall not be liable for the damage caused if:

a)    the transport of shipment was carried out in accordance with the General Terms, except when:

-    theft or damage is discovered either prior to or at a time of delivery of the item;
-    the addressee or the sender, if the shipment is returned to origin, makes reservations on taking delivery of a stolen or damaged shipment;
-    registered shipment was delivered to a private mailbox and the addressee declares they did not receive the shipment;
-    when the addressee of a package or insured shipment or the sender, in the case of return to origin, despite proper delivery, notifies the Express One Slovenia d.o.o. without delay that they have discovered theft or damage and provide proof that such theft or damage did not occur after delivery;

b)    the event referred to in paragraph 3 of this Article arose as a result of Force Majeure (within the meaning of the term under paragraph 6 of this Article);
c)    Express One Slovenia d.o.o. cannot account for shipments due to the destruction of official records by Force Majeure and its liability may not be proven otherwise;
d)    if the damage was caused by the type of content of the shipment or in other event of fault or negligence of the Client; 
e)    it was a shipment with Prohibited Content;
f)    the shipment has been seized under national legislation of the destination country as notified by the member country of the Universal Postal Union or postal service provider of that country; 
g)    the insured shipment was fraudulently insured for a sum exceeding the actual value of the content;
h)    the Client has made no reclamation within six (6) months from the day the shipment was posted (Article 12.1.);
i)    it was the prisoner-of war or civilian internee package shipment;
j)    the Client’s actions may be suspected of fraudulent intent, aimed at receiving compensation.

11.5.    Express One Slovenia d.o.o. shall not be liable for the loss of profit/benefit or any other form of indirect, consequential or collateral damage (which includes, for example, for but not limited to: the loss of earnings/profit, the proceeds from the expired interest, the loss of earnings/profit from possible future business etc.) in domestic and international business, as well as moral (non-material) damage in international business, that a sender and/or recipient can suffer due to:

a)    loss, damage or reduced content of the shipment, 
b)    exceeding the guaranteed shipment transportation and delivery deadline, 
c)    failure to perform the service by Express One Slovenia d.o.o. in full or in part, or 
d)    due to the occurrence of other cases listed in these General Terms where Express One Slovenia d.o.o.’s liability is excluded. 

11.6.    The term “Force Majeure”, for the purposes of these General Terms, shall mean external and exceptional circumstances that did not exist at the time of shipment takeover by Express One Slovenia d.o.o., which could not be foreseen and were incurred without the will and influence of Express One Slovenia d.o.o.. The term Force Majeure or circumstances that may not be reasonably expected to be under the control or influence of Express One Slovenia d.o.o. shall include, inter alia, natural disasters, including fire, earthquake, stormy weather or flood, state act or act of another competent body, cyber-attack, a strike, an explosion, an accident, power grid failure or blackout, significant political and social disruption, significant political or economic circumstances such as rebellion, terrorist act or declared or undeclared war. 

11.7.    The sender shall reimburse Express One Slovenia d.o.o. for any damages and any costs related to claims for damages, legal proceedings of any kind, and which claims and/or proceedings would relate to any potential or actual unlawful or Prohibited Contents of the shipment.

11.8.    The sender shall reimburse Express One Slovenia d.o.o. for any damages and any costs that Express One Slovenia d.o.o. may suffer as a result of any legal proceedings, claims, request or criminal/misdemeanour proceedings that may arise because the Client is acting contrary to these General Terms, the Agreement, the law or other regulations of the Republic of Slovenia and international treaties.

11.9.    Express One Slovenia d.o.o. is liable within the limits set by the Universal Postal Union acts, the Slovenian Postal Services Act and international treaties in international business.

Article 12    
Submitting and proceeding with reclamations and complaints

12.1.    In the event of a loss, theft, damage, or reduced content of the shipment, exceeding the guaranteed shipment transportation and delivery deadline or in case Express One Slovenia d.o.o. has not performed the service or has not performed it in full or correctly (Article 11.1.) or in the event of circumstances from Article 11.2. and in the event of a loss, theft, or damaged shipment, or in case of the return of shipment on which no reason for non-delivery is given (Article 11.3.) or in the event of circumstances from Article 11.4., the Client shall have the right to reclamation against Express One Slovenia d.o.o.: 

a)    within three (3) months from the date of handover of the shipment to Express One Slovenia d.o.o. in domestic business or 
b)    within six (6) months from the date of handover of the shipment to Express One Slovenia d.o.o. in international business or 
c)    at the delivery or within thirty (30) days after the delivery in domestic business in case the deficiencies are not immediately evident. 

If the Client does not make a reclamation within the above deadlines, the Client loses its right to compensation. Every objection must be in writing, and it must contain information about the person who submits it (name, surname, address, telephone number and e-mail address), an explanation of why the reclamation is submitted, all facts and all evidence that form the grounds for the objection. The reclamation is submitted to Express One Slovenia d.o.o. at Express One Slovenia d.o.o.’s registered business address or at the following Express One Slovenia d.o.o.’s e-mail address: cs@expressone.si.

12.2.    In case the deficiencies are immediately evident, the Client shall have to submit a reclamation against damage or reduced shipment content to Express One Slovenia d.o.o. immediately at delivery of the shipment. By signing the Delivery List, the Client shall confirm that the shipment received is not damaged and that the contents are not reduced, unless the Client states in the reclamation and provides evidence that the damage or reduced shipment contents occurred before the delivery of the shipment. Otherwise, such reclamation shall not be accepted. 

12.3.    Express One Slovenia d.o.o. shall respond, in writing, to each reclamation within fifteen (15) days from the day of receiving a reclamation for shipment in domestic business or within two (2) months from the day of receiving a reclamation for shipment in international business. To avoid any doubt, Express One Slovenia d.o.o. shall have no obligation to respond to a reclamation that contains no data on the person submitting it. In the event that Express One Slovenia d.o.o. fails to respond to the reclamation within the aforementioned deadlines or in case the Client’s reclamation was rejected, the Client has the right to file a proposal for the dispute resolution to the Communications Networks and Services Agency of the Republic of Slovenia (hereinafter: “AKOS”) within fifteen (15) days from the lapse of the abovementioned deadline for Express One Slovenia d.o.o.’s response or from the service of the Express One Slovenia d.o.o.’s decision.

12.4.    Within thirty (30) days from the day of:

a)    receiving Express One Slovenia d.o.o.’s response on accepting the reclamation; or
b)    AKOS’s decision settling the dispute in favour of the Client who filed a request for dispute settlement with AKOS;

the Client shall have the right to file a claim for the compensation for damages with Express One Slovenia d.o.o.. In the event that Express One Slovenia d.o.o. refuses to pay the damages, the Client who filed the claim for damages shall be entitled to initiate appropriate legal proceedings against Express One Slovenia d.o.o. before a competent court and request damages in such proceedings.

12.5.    To avoid any doubt, the Client shall have the right to request damages before a competent court solely if the following requirements are fulfilled cumulatively:

a)    the reclamation was submitted within the deadline defined under Articles 12.1. and 12.2.;
b)    the claim for the compensation for damages was filed within a deadline defined under Article 12.4.
 

12.6.    The Client shall also have the right to file an objection against Express One Slovenia d.o.o.’s decision or action in connection to access to or provision of its services to Express One Slovenia d.o.o.’s committee for customer objections within thirty (30) days from when the Client became aware of such Express One Slovenia d.o.o.’s decision or action. The objection is submitted to Express One Slovenia d.o.o. at Express One Slovenia d.o.o.’s registered business address or at the following Express One Slovenia d.o.o.’s e-mail address: cs@expressone.si. Express One Slovenia d.o.o.’s committee for customer objections shall deliver a written response to the Client submitting the objection within fifteen (15) days from the day receiving the objection.

In case Express One Slovenia d.o.o.’s committee for the customer objections fails to respond within the abovementioned deadline or in case the Client’s objection was rejected, the Client who has filed the objection has the right to file a request for dispute settlement to AKOS within fifteen (15) days from the lapse of the abovementioned deadline for Express One Slovenia d.o.o.’s response or from the service of the Express One Slovenia d.o.o.’s decision.

12.7.    In accordance with the law, Express One Slovenia d.o.o. does not recognise any out of court consumer dispute resolution provider as competent for the resolution of consumer disputes that a consumer may initiate under the Out-of-Court Settlement of Consumer Disputes Act.

Article 13    
Damage compensation and procedure related to damage compensation

13.1.    Express One Slovenia d.o.o. shall, in the event of its liability being established, pay to the Client compensation for damages in the amount of the actual damage caused. 

13.2.    Notwithstanding the provision of paragraph 1 of this Article, in domestic business:

a)    the liability of Express One Slovenia d.o.o. for the loss, damage, theft, or reduction in contents of an insured shipment is limited to a maximum amount of the stated value of the shipment (i.e., the amount indicated in the electronic data provided by the sender to Express One Slovenia d.o.o.). Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the insurance fee. 
b)    the liability of Express One Slovenia d.o.o. for the loss or theft of a package and document shipment is limited to a maximum amount of fifteen (15) times the amount that Express One Slovenia d.o.o. has charged to the Client for its service. Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the insurance fee.
c)    the liability of Express One Slovenia d.o.o. for the damage or reduction in contents of a package and document shipment is limited to a maximum amount of ten (10) times the amount that Express One Slovenia d.o.o. has charged to the Client for its service. Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the insurance fee. 
d)    the liability of Express One Slovenia d.o.o. for failure to complete the service or failure to perform the service in full for document, insured and package shipments is limited to the maximum amount of the amount that Express One Slovenia d.o.o. has charged to the Client for its service;
e)    the liability of Express One Slovenia d.o.o. for exceeding the guaranteed transportation deadline for document, insured and package shipments is limited to the maximum amount of the amount that Express One Slovenia d.o.o. has charged to the Client for its service. 

13.3.    If the sender requests compensation for damages from Express One Slovenia d.o.o., the sender shall enclose all the necessary documents/documentation, which form(s) the grounds for the request, together with the claim for the compensation for damages in accordance with this Article and Article 12.4. 

13.4.    Notwithstanding the provision of paragraph 1 of this Article, in international business:

a)    the liability of Express One Slovenia d.o.o. for the loss, complete damage, complete theft of an insured shipment is limited to a maximum amount of the insured value (i.e., the amount indicated in the electronic data provided by the sender to Express One Slovenia d.o.o.) in SDR. In the event of partial theft or partial damage to an insured shipment, in principle, the liability of Express One Slovenia d.o.o. is limited to the actual value of the theft or damage no exceeding the amount of the insured value in SDR. Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the insurance fee.
b)    the liability of Express One Slovenia d.o.o. for the loss, complete theft, complete damage of a package shipment is limited to a maximum amount of 40 SDR per package + 4.50 SDR per kilogramme. In the event of partial theft or partial damage to a package shipment, in principle, the liability of Express One Slovenia d.o.o. is limited to the actual value of the theft or damage. Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the insurance fee.
c)    the liability of Express One Slovenia d.o.o. for the loss, complete theft, complete damage of a registered shipment is limited to a maximum amount of 30 SDR. In the event of partial theft or partial damage of a registered shipment, in principle, the liability of Express One Slovenia d.o.o. is limited to the actual value of the theft or damage. Furthermore, the Client is also entitled to receive compensation for the fees paid to Express One Slovenia d.o.o. for the transfer of the shipment, except for the registered shipment fee.
d)    the liability of Express One Slovenia d.o.o. for the return of a registered or insured shipment on which no reason for non-delivery is given is limited to the compensation for fees paid by the Client to Express One Slovenia d.o.o. for the transfer of the shipment.
e)    the liability of Express One Slovenia d.o.o. for the return of a package shipment on which no reason for non-delivery is given is limited to the compensation for fees paid by the Client to Express One Slovenia d.o.o. in the country of origin for the transfer of the shipment and the expenses occasioned by the return of the package from the country of destination.

In no case, even in case of severe fault, Express One Slovenia d.o.o. shall be liable for damage above the provided limits. 

13.5.    Provisions under this Article shall also apply in an appropriate manner if the claim for compensation of damages is filed by the recipient. In international business the recipient is entitled to compensation if the Client waives its right to compensation of damages in writing in favour of the recipient. Where the Client and the recipient are the same, such waiver is not necessary. 

Article 14    
Sender's liability

14.1.    The sender shall be liable for all the damage caused by his/her shipment to the postal staff, other shipments, facilities, and equipment of Express One Slovenia d.o.o. or third parties, and for the injury or death of Express One Slovenia d.o.o.'s employee and other persons if they have arisen for one of the following reasons: 

a)    if the shipment contains Prohibited Content; 
b)    if the sender has not complied with the specific legal requirements for the dispatch of certain items contained in his/her shipment and these General Terms; and 
c)    if the shipment has not been packed in the manner prescribed under these General Terms.

Article 15    
Price of service, default interest, invoicing and waiver of the statute of limitations

15.1.    Express One Slovenia d.o.o. shall charge its services according to a price list that is published on Express One Slovenia d.o.o.’s website (www.expressone.si) and a summary of which is published in a physical form at Express One Slovenia d.o.o.’s business premises in an accessible and visible manner. At the Client’s request, Express One Slovenia d.o.o. shall make the full price list available to him/her.

15.2.    A debtor who fails to meet a financial obligation on time shall be indebted, with principal and default interest, at a rate specified in Article 378 of the Obligations Code.

15.3.    When an Agreement has been concluded between the Client and Express One Slovenia d.o.o. and provided that such Agreement does not stipulate otherwise, Express One Slovenia d.o.o. shall, after the expiration of the billing period specified in the Agreement, perform an accrual of services rendered to the Client in that billing period and issue an invoice for said provided services to the Client together with a specification of the services performed. Fifteen (15) days after the expiration of the billing period, the Client shall be deemed to have received Express One Slovenia d.o.o.'s invoice in respect of the services provided in that billing period.

15.4.    The Client shall have the right to object to the issued invoice within thirty (30) days from the day of invoicing.

15.5.    In the event of an Agreement between Express One Slovenia d.o.o. and the Client, it shall be deemed that the Client with each service ordered from Express One Slovenia d.o.o. acknowledges all the statute-barred obligations that the Client has at the time of ordering the service from Express One Slovenia d.o.o., and/or any such ordering of service from Express One Slovenia d.o.o. shall be considered that the Client has waived the statute of limitations of the statute-barred obligation that the Client has to Express One Slovenia d.o.o.. In order to avoid any doubt, by accepting these General Terms the Client shall declare that this provision does not result in inequality in the rights of the parties to his/her damage since his/her actions, or in this case by ordering the service from Express One Slovenia d.o.o., he/she consciously acknowledges the consequences of such an action, which represents a waiver of the statute of limitations in relation to all statute-barred obligations to Express One Slovenia d.o.o.. Furthermore, the Client declares that ordering the service by any of its employees (irrespective of the legal basis on which such employee is engaged), and regardless of whether that person is or is not a legal representative of the Client, shall also result in the Client waiving the statute of limitations in relation to all statute-barred obligations to Express One Slovenia d.o.o. that the Client has at the time of ordering the service.

Article 16    
Personal data protection 

16.1.    Express One Slovenia d.o.o. shall obtain, process, use and protect personal data in accordance with the provisions of the Personal Data Protection Act and the General Data Protection Regulation (GDPR).

Article 17
Other

17.1.    In case of greater fluctuations in oil prices in the domestic market, as well as in other justified cases, Express One Slovenia d.o.o. reserves the right to unilaterally correct its prices. Express One Slovenia d.o.o. shall have the right to increase the basic freight price for services provided in domestic and international business by an additional 7.5% fuel surcharge. Express One Slovenia d.o.o. shall publish the corrected prices in accordance with Article 15.1. Express One Slovenia d.o.o. will inform the Client, who has entered into an Agreement, thirty (30) days in advance about the new price list. If a sender who has entered into an Agreement with Express One Slovenia d.o.o. does not terminate such an Agreement before the new valid price list comes into force, it shall be considered that such a sender has accepted the amendments to the price list and has accepted the new valid price list. It shall be deemed that the Client orders a service from Express One Slovenia d.o.o. in accordance with the Express One Slovenia d.o.o.’s price list that is valid at that moment.

17.2.    Express One Slovenia d.o.o. shall publish valid General Terms on its website www.expressone.si. Express One Slovenia d.o.o. reserves the right to modify and/or supplement the text of the General Terms at any moment. In any such case, Express One Slovenia d.o.o. shall make the new valid text of the General Terms available on its website and at its business premises not later than eight (8) days before the date they enter into force. Express One Slovenia d.o.o. shall inform the Client who has entered into an Agreement no later than thirty (30) days before the date they enter into force. If a sender who has entered into an Agreement with Express One Slovenia d.o.o. does not terminate such an Agreement before the new valid text of the General Terms comes into force, it shall be considered that such a sender has accepted the amendments to the General Terms and has accepted the new valid text of the General Terms. At the moment the Client orders a service from Express One Slovenia d.o.o., it shall be deemed that the Client has read the General Terms of Express One Slovenia d.o.o. valid at that moment and accepted them in their entirety.

17.3.    For all disputes concerning the interpretation, application, or execution of these General Terms, Express One Slovenia d.o.o. and Client shall endeavour to resolve the matter in an amicable manner. If Express One Slovenia d.o.o. and the Client fail to resolve the dispute in terms of interpretation, application or execution of these General Terms, the dispute resolution shall be subject to a competent court in Ljubljana.

17.4.    In case that one or more provisions under these General Terms is found void, this shall not affect the validity of the remaining provisions which shall remain in force and full application. If any provision under these General Terms is found illegal or unenforceable, the remaining provisions shall fully remain in force. If any provision of these General Terms becomes void, any such void provision shall immediately be replaced by a new provision which shall have a valid form and content, and which shall legally attempt to achieve, to the extent possible, the purpose and intention of the void provision.

17.5.    These General Terms are subject to the Slovenian law.

17.6.    These General Terms shall come into effect on 1 January 2023.

17.7.    These General Terms are drafted in Slovene and in English language version. In the event of any discrepancy between the two versions of the General Terms, the version in Slovene
 

Komenda, 1.1.2023