Price list
GENERAL TERMS AND CONDITIONS FOR PERFORMING OTHER POSTAL SERVICES
BOX NOW LLC
Performance of postal services of delivery of postal items by the postal services performer, BOX NOW d.o.o., with registered seat in Zagreb, Ulica Marice Barić 6, Croatian tax number (OIB): 02844526916 (hereinafter “BOX NOW” or “Postal services performer”), is regulated by these general terms and conditions (hereinafter “General Terms and Conditions”).
Article 1 – GENERAL TERMS AND CONDITIONS
In these General Terms and Conditions, senders within the meaning of the Postal Services Act ("Official Gazette" No. 144/12, 153/13, 78/15, 110/19, hereinafter the " Act") shall be:
(i) legal entities / traders (hereinafter “Traders”), and
(ii) natural persons - consumers (hereinafter “Other senders”).
Recipients within the meaning of the Act can be legal entities and/or natural persons.
The senders, as well as the recipients, state that by using the postal services of BOX NOW, they unreservedly accept these General Terms and Conditions for the performance of postal services of BOX NOW for the postal item (“postal item” or “package”) delivered by BOX NOW in any way chosen by BOX NOW.
BOX NOW can conclude written agreements with postal services users, which regulate special conditions and other issues related to the performance of postal services. In case of differences between the terms of written agreements and the terms of these General Terms and Conditions, the terms of written agreements shall prevail.
List of postal services that will be performed by the postal services performer and the area where the postal services performer will perform postal services
BOX NOW will perform other postal services (as defined by the Act) namely postal services of reception, routing and transfer of postal items for the senders (legal entities and natural persons – consumers), as well as services of delivering postal items (packages) via access points - package machines in internal and international transport, whereby delivery of postal items (packages) is made to legal and/or natural persons (consumers). The list of package machines is published on the website www.boxnow.hr.
Method and conditions of performing postal services
BOX NOW can perform mentioned postal services with its own resources or via any licensed subcontractor.
In relation to the Traders, postal services will be performed in such a manner that the sender selects the size of the postal item he wants to send, fills in the information on the sender and recipient of the package and selects:
a) delivery of postal item from a specific access point - a package machine to a specific access point - a package machine from which the recipient will take over the postal item, or
b) delivery of the postal item from the Trader's address, that is, from an address that has been specially agreed upon with the Trader, to a specific access point - package machine from which the recipient will take over the postal item;
c) delivery of postal item from a specific access point - package machine directly to the recipient's address.
Postal services will be paid on the basis of the invoice issued to the Trader by BOX NOW. BOX NOW will issue invoices to the Trader subsequently, as a rule, at the beginning of the month for the previous month, unless BOX NOW and the Trader enter into a special agreement regarding the dynamics of issuing invoices. As a rule, payment will be made once a month, but different payment dynamics can be determined by a special agreement with an individual Trader. The obligation to pay the fee for providing postal services arises at the moment when BOX NOW takes over the postal item from the Trader (regardless of the subsequent cancellation of the order and/or return of the postal item).
In relation to the Other senders, postal services will be performed in such a way that the sender via the website www.boxnow.hr. selects the size of the postal item he wants to send, fills in the information on the sender and recipient of the package and selects the delivery of postal item from a specific access point - a package machine to a specific access point - a package machine from which the recipient will take over the postal item.
Postal services in relation to the Other senders will be paid in advance, via the website www.boxnow.hr.
The sender will be given access to the selected access point - package machine, in such a way that, after submitting the order, a password is generated which allows the package to be deposited in the selected access point - BOX NOW package machine, according to the sender's choice, whereby access to the BOX NOW access points - package machines is ensured from 00:00 - 24:00 h every day of the week.
After the sender is permitted access to the selected access point - package machine, the sender places the postal item in the selected access point - package machine of BOX NOW. BOX NOW, after taking over the postal item, will deliver the postal item to the selected location - package machine or to the selected address of the recipient in case of Traders.
In case of delivery to an access point - package machine, the Postal service performer will send the recipient a text message to the mobile number provided to the sender or in other messaging applications (including but not limited to Viber, Whatsapp, and the like), or to the e-mail address with a six-digit password when the postal item is at the selected access point – package machine, and another message at least 8 hours before the time for leaving the postal item at the access point – package machine expires. By entering the mentioned password at the access point – package machine, the door of the access point – package machine opens and the postal item can be taken over.
The recipient accepts and permits BOX NOW to use his mobile phone number and e-mail address to send a special security code (password) related to the delivery, i.e., receipt of the postal item, to be informed about the status of his postal item, as well as to send an invoice for the performance of services in case of cash on delivery payment.
In the event that a postal item is received or delivered using BOX NOW package machines and a special security code (password), the use of a special security code (password) sent to the mobile phone number and/or e-mail address of the recipient confirms that it is the recipient that used a security code (password) sent to his/her mobile phone number and/or e-mail address, i.e., that that security code (password) was used on the behalf and for the account of the recipient.
The recipient is responsible for not disclosing the password to third parties, otherwise, use by a third party will be considered as use in the name and for the account of the recipient. BOX NOW will not be responsible for damage caused to the recipient as a result of the use of postal services by a third party.
The identification of the recipient is done through the recipient's mobile phone, in combination with a password, so the correctness of the recipient's mobile phone number is essential for the delivery of the postal item. It is the sender's sole responsibility to provide the mentioned data correctly to BOX NOW.
Tracking of items is done through BOX NOW's system, which enables tracking and tracing of postal items at all stages of their movement. BOX NOW will enable the recipient to log in to the BOX NOW website from a mobile phone or computer in order to have an overview of the delivery status of the postal item ordered by the sender.
Only in relation to the Traders, BOX NOW offers the option of paying for postal items by cash on delivery, that is, the possibility for the recipient to pay the price of the postal item upon delivery, by paying with a credit or debit card. Payment is made in a secure banking environment, using the services of an authorized payment service provider, whereby BOX NOW will send an email to the recipient with payment instructions. In the case of cash on delivery, the return of the amount to the Trader from BOX NOW is made within five (5) working days after payment of the total value of the postal item by the recipient. In the event that BOX NOW has a claim against the Trader, BOX NOW is authorized to unilaterally set off its claim against the Trader's counterclaim, which refers to the amount that, as a result of cash on delivery payment, BOX NOW is obliged to return to the Trader.
An additional cost is charged for the cash on delivery service, as stated in the price list published on the BOX NOW website. An additional cost is calculated when the recipient pays the price of the postal item upon delivery. Failure to collect the price of the postal item will not establish BOX NOW's debt to the Trader. In addition, in case of failure to collect the price of the postal item, BOX NOW is only liable to the Trader up to the amount of the surcharge for the cash on delivery service, as stated in the price list. BOX NOW is not liable for cases when payment for cash on delivery services is not made due to reasons on the part of the Trader, recipient, or a third party for which BOX NOW is not responsible.
Deadline for delivery of postal items
The deadline for delivery of postal items in relation to the Traders is:
- 72 hours, in the case of delivery of postal item from a specific access point - a package machine to a specific access point - a package machine from which the recipient collects the postal item;
- 48 hours, in the case of delivery of a postal item from the sender's address to a specific access point - package machine from which the recipient takes over the postal item;
- 72 hours, in the case of delivery of postal item from a specific access point - a package machine directly to the recipient's address.
and counting from the time when
- the sender places the postal item in the BOX NOW access point - package machine, i.e.
- the sender hands over the postal item to BOX NOW or to a licensed subcontractor of BOX NOW, in case of delivery of the postal item from the sender's address to a specific access point - a package machine from which the recipient will take over the postal item.
The deadline for delivery of postal items in relation to the Other senders is 72 hours, counting from the time when the sender places the postal item in the BOX NOW access point - package machine.
The receipt of the text message, i.e., e-mail confirms that the sender has delivered the postal item to BOX NOW, and the sender is notified by text message, i.e., e-mail when the postal item is taken over from the package machine by BOX NOW for delivery to the recipient.
It is considered that the postal item has been delivered to the recipient at the moment when the postal item is placed in the recipient's selected package machine and when the recipient is informed about it by text message, i.e., via e-mail. In case that the postal item is delivered to the recipient directly at the home address, it is considered that the postal item has been delivered to the recipient at the moment when the recipient receives the postal item at his address, i.e., when he refuses to receive the postal item without a valid reason.
The deadline for taking over the postal item is 96 hours from the delivery of the postal item. In case that the recipient does not take over the postal item within the specified period, BOX NOW will return the postal item to the sender, whereby the sender will be informed of the possibility of taking over the postal item from the package machine where the postal item was deposited, or of the possibility of returning the item via a licensed subcontractor.
The following are not included in the specified deadline:
- delay time due to an incompletely or incorrectly stated address of the recipient,
- days of delay due to force majeure or due to a delay in the transfer that occurred through no fault of BOX NOW,
- Saturdays and Sundays; and
- non-working days in the Republic of Croatia under the law.
Article 2 – WARRANTIES AND OBLIGATIONS OF THE SENDER
The sender warrants:
a. that the necessary shipping data of the sender and recipient are correctly recorded in the postal item being processed,
b. that the postal item is properly packed, in order to ensure the safe transport of the postal item,
c. to undertake to pay in advance all costs of transport, return or storage of postal items corresponding to the services performed,
d. that the postal item complies in all respects with these general terms and conditions and the Act;
e. that he will inform the recipient about the terms of use of the BOX NOW service, including fees (and especially if the cost of a certain fee is borne by the recipient).
Trader guarantees that it will give his customers the option of choosing to send, transport and receive their products via package machines, in all online transactions between the Trader and customers that take place in his (online) store. In this sense, the Trader is obliged to maintain, in a visible, separate and easy-to-use place within the website, the possibility and option of sending the product via package machine.
Trader confirms that it complies with the terms of processing of personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), as applicable in Croatian legislation and that, as a data controller, and in accordance with the GDPR, he provided his respondents with information about the processing of their personal data by BOX NOW and about the purposes of the processing. On the other hand, BOX NOW, as the data processor, will process the personal data of the subjects at the order and on behalf of the Trader, for purposes related to the contractual relationship between the Trader and BOX NOW, and in accordance with the Trader's instructions. BOX NOW and the Trader will implement the necessary technical and organizational measures to protect the integrity, confidentiality and security of data in accordance with legal requirements.
The Trader is allowed to use the trademark belonging to BOX NOW, whereby the Trader must display it faithfully, and the trademark must not be forged, but only a copy of the trademark can be used, exclusively based on the written consent of BOX NOW and only for the purpose of promoting BOX NOW services. In the event of unauthorized use of the BOX NOW trademark by the Trader, the Trader will be obliged to compensate BOX NOW for all damages suffered by BOX NOW as a result of this.
The Trader is obliged to use the software available on the BOX NOW website only for the interconnection and fulfillment of its orders and postal items by BOX NOW, whereby BOX NOW provides the use of its software free of charge to the Traders. It is the Trader's obligation to examine in detail the conditions and restrictions of use of software published on the BOX NOW website, and the sender accepts them unconditionally.
The Trader is obliged to:
- file the data of the specific postal item necessary for its identification, so that it can be handled, monitored and tracked by the BOX NOW software at all stages of its handling until its delivery to the recipient. The filing of these data shall be carried out by filling in the corresponding fields in which the necessary information about the recipient is entered;
- print the above information on BOX NOW self-adhesive labels (postal labels) which will automatically, through the software, in addition to the above information, carry the full identification information of BOX NOW as a postal service provider, the above-mentioned unique number of the postal item, as well as a barcode or two-dimensional barcode (QR code) to track the progress of each postal item. Namely, each postal item must be accompanied by a postal label that will carry a unique number and barcode and a QR code, as well as all the details of each postal item, which will be registered in a special BOX NOW information system for monitoring and tracking the postal item in all stages of its handling, until delivery to the recipient;
- affix the postal notes to the postal Items to be transported. BOX NOW does not undertake to carry out the transport of postal Items to which a postal note is not affixed;
- print an aggregated statement with details of all postal items (collection statement), which will be signed by the sender himself, i.e., his employee or representative, as well as an employee or representative of BOX NOW upon collection of postal items by BOX NOW (the collector). The aforesaid collection statement is evidence of the physical collection of the postal items mentioned therein, and of the date, time and place of such collection, and any manual modification will not be valid unless accepted by both parties.
Any remarks made by the Trader regarding the contents of the postal item, which are printed on the postal label or on the collection statement, will be considered entered in accordance with the Trader’s statement.
In addition to the above, the Trader is obliged to keep the contractual relationship with BOX NOW confidential and the sender will not disclose the terms of the contractual relationship with BOX NOW to third parties.
In relation to the Other senders, after the sender via the website www.boxnow.hr. selects the size of the postal item he wants to send, fills in the information on the sender and recipient of the package and selects the delivery of postal item from a specific access point - a package machine to a specific access point - a package machine from which the recipient will take over the postal item, and after a password is generated which allows the package to be deposited in the selected access point - package machine, the sender will be able to via the website www.boxnow.hr. independently print the label necessary for the identification, monitoring and tracking of the postal item and independently stick the same on the postal item before placing the postal item in a specific access point - package machine. In addition to the information necessary for the identification, monitoring and tracking of the postal shipment, the subject labels will also contain a QR code.
In the event that the sender does not select the option to independently print and stick the label necessary for the identification, monitoring and tracking of the postal item on the postal item, BOX NOW will do the same after the sender places the postal item in the selected access point – package machine, using the information that the sender filled out via the website www.boxnow.hr.
Article 3 – POSTAL ITEMS
The maximum weight of a postal item for which BOX NOW performs postal service is 20 kilograms.
The maximum dimensions of the postal item for which BOX NOW performs postal service are 60 x 45 x 36 centimeters, as stated below in this article.
The sender can choose between three types of packages:
a. (S) small package (maximum package dimensions: height 8 centimetres, width 45 centimetres and length 60 cm; maximum package weight: 2 kilograms);
b. (M) medium package (maximum package dimensions: height 17 centimetres, width 45 centimetres and length 60 cm; maximum package weight: 5 kilograms); and
c. (L) large package (maximum package dimensions: height 36 centimetres, width 45 centimetres and length 60 cm; maximum package weight: 20 kilograms).
The maximum value of the postal item that BOX NOW undertakes to transfer will not exceed two hundred euros (EUR 200.00), i.e., one thousand five hundred and six kuna and ninety lipa (1,506.90 HRK)[1].
BOX NOW has the right to refuse delivery of postal items that exceed the above weight, size and value limits.
BOX NOW has the right to refuse delivery of postal items that are sensitive to low or high temperatures.
BOX NOW is not obliged to check the content of postal items, but the sender must check whether his postal item meets these general terms and conditions, and the sender bears full responsibility for any exceeding of these restrictions in case of loss or damage of the postal item.
BOX NOW has the right, but is not obliged, to check the content of the postal item, and is authorized to refuse the delivery of a certain postal item if the sender refuses to check whether his postal item meets these general terms and conditions, i.e., if BOX NOW finds that a specific postal item does not meet these general terms and conditions.
BOX NOW also has the right, either at the time of receipt or at any time after receipt, not to continue processing the postal item, if there are indications of prohibited content in relation to the postal item in terms of the Act, or in the case of insufficient recipient information and if the postal item is not accompanied by other documents required by the applicable legislation.
BOX NOW has the right to refuse receipt of any postal item to ensure that all costs associated with that or any previous delivery are met, until such time as they are paid in full to BOX NOW.
Article 4 – METHOD AND CONDITIONS OF PAYMENT FOR POSTAL SERVICES AND METHOD OF MARKING PAYMENT OF POSTAL SERVICES ON THE POSTAL ITEM
Postal services in relation to the Traders are paid for subsequently, on the basis of the invoice issued, while postal services in relation to the Other senders are paid in advance, via the website www.boxnow.hr.
The prices of BOX NOW postal services are included in the price list published on the website www.boxnow.hr. The price list is updated from time to time to respond to changes in market conditions and user requirements. From the day of publication of the new price List, the current price List ceases to be valid. In case the sender wants the processing of his postal shipment to be covered by insurance, it is necessary to conclude a separate agreement with BOX NOW.
The payment for postal services will be marked with a special label on a postal item, which labels are put on the postal items by BOX NOW. The labels will indicate that the postal services have been paid, as well as the amount for which the postal services have been paid.
Article 5 – LIABILITY FOR DAMAGE
BOX NOW's responsibility for the improper performance of postal services for senders and recipients is determined under the Act and these General Terms and Conditions, as follows:
The payment of compensation for improper performance of postal services will be regulated as follows:
a. for loss, damage to the postal item, or reduction of the content of the postal item, regardless of whether it is a (S) small package, (M) a medium package and (L) a large package - in the amount corresponding to the marked value of the postal item, but up to a maximum of two hundred euros (EUR 200.00) ,i.e., one thousand five hundred and six kuna and ninety lipa (1,506.90 HRK)[2].
b. for exceeding the deadline for transfer and delivery of the shipment - in the amount of three times the amount charged for the postal service.
c. when the postal service is not performed, BOX NOW is obliged to return the charged price of the postal service.
In addition to the above, BOX NOW is also obliged to pay statutory default interest on the stated amounts from the date of submission of the claim for damages, at a rate that is determined, for each half-year, by increasing the interest rate which the European Central Bank applied to its last main refinancing operations carried out before the first calendar day of the current half-year by eight percentage points in relations from commercial contracts and contracts between a commercial entity and a public entity, and in other relations by three percentage points.
In addition:
a. When multiple postal items are sent to the same recipient, each postal item is treated separately and damages related to that postal item are compensated separately.
b. Compensations for the above mentioned cases are paid to the sender or another authorized person.
c. Compensation is paid no later than 5 working days from the day when BOX NOW approves the payment of the compensation or after a decision is made by the Croatian Regulatory Authority for Network Industries.
The postal services users unreservedly accept the above mentioned compensation amounts and declare that they waive any additional claim from BOX NOW for any direct and/or indirect damage or loss of profit, from any cause that may arise.
Article 6 - LIMITATION OF LIABILITY
BOX NOW's liability in accordance with Article 5 does not exist in the cases provided for by the Act, as well as in the following cases:
a. Force majeure, i.e., external and extraordinary circumstances that BOX NOW could not foresee, prevent or avoid (such as an accident, unfavourable weather conditions, strikes, war, suspension of work, measures of governmental bodies that prevent the performance of postal services, terrorism, natural disasters, and such). In such cases, the amount of the postal service charged will be refunded.
b. Perishable goods, such as food with expiration date and medicines.
c. Negligence of the sender, such as improper packaging, i.e. packaging contrary to Article 33 of the Act (for more information on proper packaging of postal items, we refer you to the packaging recommendations published on the BOX NOW website), incorrect description of the content of the postal item and incomplete or incorrect information about the recipient.
d. Postal items whose content is not permitted to be delivered in accordance with the applicable regulations, or whose content has been confiscated or destroyed by competent authorities.
e. The recipient has not taken over the postal item within a period of one year from the day of the attempted delivery of the postal item.
BOX NOW's liability is expressly limited to the amounts set out in Article 5 above and in no case shall BOX NOW bear any further or other liability for any loss or damage of any kind (including but not limited to any direct or indirect damage, loss of profit, violation of personality rights, and such).
The limitation of compensation, as previously stated, by payment of the amount of compensation for damage in accordance with Article 5, applies to any claim for damages of the sender or recipient arising from the performance of postal services. Claims of postal services users against BOX NOW, in connection with improper performance of postal services become subject to the statute of limitations after the expiry of a period of three (3) months from the receipt of the postal item, i.e., within three (3) months from the day on which he should have received the postal item in internal transport, or within 6 months in international transport. Requests submitted after the mentioned deadline are not considered.
BOX NOW's responsibility for the improper performance of postal services for postal services users with whom special individual agreements/agreements for handling a series of postal items and/or for the performance of postal services for a longer period of time have been concluded and that are provided with discounts on basic prices of the official price list of BOX NOW and/or special lower prices than the basic prices of these services, and/or credit for the performance of services, is regulated by special conditions determined in such individual agreements.
Article 7. – NON-DELIVERY OF THE POSTAL ITEM
In case that the postal item cannot be delivered to the recipient or returned to the sender, BOX NOW undertakes to store the respective postal item in BOX NOW warehouses at the expense of the sender, for a period of one year counting from the attempted delivery of the postal item. After the expiration of the specified period, the postal item is considered undelivered and the procedure for its destruction follows, after the relevant report on destruction has been drawn up by BOX NOW.
Postal items that cannot be delivered to the recipient or returned to the sender are:
a. postal items that could not be delivered to the recipient, nor returned to the sender for any reason that cannot be attributed to BOX NOW;
b. postal items whose delivery has been refused by BOX NOW in accordance with the applicable regulations, and
c. which could not be delivered to the recipient, and at the same time it is not possible to notify the sender.
Article 8 – UNACCEPTABLE POSTAL ITEMS
BOX NOW does not process and transport postal items with the following content:
Money - fragile items that are not sufficiently packed - activated bank cards - fixed and mobile cards - gold in any form - gold watches - jewellery - gems and metals - antiques - works of art - unique documents or objects (e.g. correspondence / film / videos of personal value, stamps, lotteries, antiquities) – perishable food – plants – medicines – flammable, explosive and radioactive materials – biological material – infectious material, corrosive and toxic substances – types or parts of weapons – animals – pornographic material and general objects whose transport is prohibited by international conventions or organizations (“IATA”, “ICAO”) and/or provisions of European Union law and / or national legislation.
Article 9. – OUT OF COURT DISPUTE RESOLUTION PROCEDURE – COMPLAINT SUBMISSION PROCEDURE
The procedure for resolving disputes is carried out in such a way that the postal services user, before initiating court proceedings, addresses BOX NOW by submitting a written complaint.
The postal services user can submit a written complaint to BOX NOW to the e-mail address podrska@boxnow.hr in case of (i) loss of a postal item, (ii) exceeding the deadline for transfer and delivery of a postal item or if (iii) BOX NOW did not perform the postal service or did not perform it in full, within three months from the date of delivery of the postal item in internal transport, i.e. within six months from the date of delivery of the postal item in international transport.
In case of damage or reduction of the content of the postal item, the recipient or other authorized person must submit a complaint to BOX NOW:
- immediately upon delivery of the postal item in the case of delivery of the postal item directly to the recipient’s address;
- within 4 hours from the moment when the recipient opened the package machine and picked up the postal item, in case of delivery of the postal item to the recipient’s package machine.
In the event that a complaint is not submitted within the specified deadlines, it is considered that the postal item has been received without damage and without reduction of content, and a complaint submitted outside the deadline is not accepted, unless the recipient proves that the damage/reduction of the content of the postal item did not occur after delivery postal items.
BOX NOW is obliged to deliver a written response to the postal services user on the grounds, i.e., lack of grounds of the submitted complaint within a maximum of 30 days from the day of receipt of the complaint in internal transport, i.e. within a maximum of 60 days from the day of receipt of the complaint in international transport.
In response to BOX NOW's written response, the postal services user has the right to submit a complaint to the BOX NOW consumer complaints committee to the e-mail address prigovori@boxnow.hr, within 30 days from the date of delivery of the written response. The BOX NOW consumer complaints committee is obliged to deliver a written response to the user of postal services within 30 days from the date of receipt of his complaint.
In the event of a dispute between the postal services user and BOX NOW regarding resolving the respective complaint, the postal services user may submit a request for dispute resolution to the Croatian Regulatory Authority for Network Industries within 30 days from the date of delivery of the written response of the consumer complaints committee from the previous paragraph. The statute of limitations for contested claims does not run during the dispute resolution before the Croatian Regulatory Authority for Network Industries.
Article 10 – APPLICABLE LAW, JURISDICTION
In case that the dispute between BOX NOW and postal services user is not resolved in accordance with the procedure from Article 9, for disputes related to the performance of postal services by BOX NOW, the competent court in Zagreb will have exclusive jurisdiction, and Croatian law shall be applicable.
Article 11 – FINAL PROVISIONS
These General Terms and Conditions have been delivered to the Croatian Regulatory Authority for Network Industries in accordance with the provision of Article 44 of the Act and are published on the website www.boxnow.hr.
These General Terms and Conditions enter into force and are applicable from 17 November 2023.
For more
information, users can contact the BOX NOW User department via phone number
01 7000 300, or at the e-mail address: podrska@boxnow.hr.
In Zagreb, 30 October 2023
[1] According to the fixed exchange rate of €1 = HRK 7.53450.
[2] According to the fixed exchange rate of €1 = HRK 7.53450.