terms of service and privacy policy
ZorroCargo Terms of Service and the Portal's Terms of Use
Last updated on 21.10.2022.
1. TERMS USED IN TERMS OF SERVICE
1.1. Portal – portal www.ZorroCargo.eu.
1.2. Platform – ZorroCargo service selection platform on
the Portal.
1.3. User – client of the Portal who uses the Services
available on the Portal.
1.4. Carriers – ZorroCargo cooperation partners whose
delivery services are offered to the User on the Portal.
1.5. ZorroCargo – SIA “Hanza Cargo”,
registered in the Enterprise Register of the Republic of Latvia, Registration
Number 40103237198, the owner and the operator of the Portal.
1.6. Terms – these ZorroCargo Terms
of Service and Portal's Terms of Use.
1.7. FAQ – the “Frequently Asked Questions” section of the
Portal, which includes information on using the Portal and receiving the
Services. FAQs are considered an integral part of these Terms and are binding
to the User.
1.8 Privacy Policy – the Privacy Policy published on the
Portal.
1.9. Service – specific delivery
services that are selected and offered to the User on the Portal after entering
the User's order data.
1.10. Parcel terminal – a closed Carrier's parcel cabinet, in
which the Carrier places the Shipment, which the Recipient has the opportunity
to independently collect within the time period specified by the Carrier and
using the access data provided by the Carrier.
1.11. Additional services – additional information on the
conditions of execution of the Services of a particular Carrier offered to the
User and additional services specified by each specific offer of the Carrier.
1.12. Additional information – Carrier's Terms of Service
and other Carrier's special conditions for the execution of the Order, which
are available and published on each Carrier's website. The Terms also use the
term “Special Conditions”, which is perceived as synonymous with the term
“Additional Information”.
1.13. Order – an order made by the
User by accepting a specific Service offered on the Portal.
1.14. Pick-up point –
point (petrol station, point of sale, etc.) to which the Carrier delivers the
Shipment and where it can be picked up by the Recipient within the period
specified by the Carrier.
1.15. Shipment – a consignment to
be sent within a specific Order.
1.16. Recipient – legal or natural
person to whom the Shipment is addressed.
1.17. Sender – a legal or natural
person who is indicated in the Order Form and the Shipment Consignment Note as
the Sender of the Shipment.
1.18. Shipment Consignment Note – an information sheet of the
Shipment, which contains the information necessary for the delivery of the
Shipment, including information about the consignee and address of the
Shipment, and which the User must attach to the specific Shipment in accordance
with these Terms.
1.19. Additional services – additional information specified
and selected by the User about the Order made by the User (features, special
type of delivery, etc.) in accordance with the offer of the particular Carrier.
1.20. Additional Invoice – an invoice sent by ZorroCargo to
the User and which includes a Penalty and/or any additional expenses incurred
by ZorroCargo or the Carrier due to non-performance of the User's obligations,
non-compliance of the Shipment with these Terms, Carrier's Additional
Information or Shipment information, as well as due to the action of the
consignee.
1.21. Prohibited articles – articles and substances, the
dispatch of which in accordance with Clause 6.4 of the Terms, including the
conditions included in the Additional Information of a particular Carrier, is
prohibited.
1.22. Penalty – a fine imposed on the User in the case set out
in Clause 6.7 of the Terms.
2. GENERAL INFORMATION
2.1. The Portal is used to compare various delivery services
specified on the Portal and to order the selected delivery, providing the User
with the opportunity to choose the most appropriate delivery service for the
User's needs and wishes. Delivery services are offered by the Carriers mentioned
in the “Cooperation Partners” section of the Portal.
2.2. The portal is operated by ZorroCargo. ZorroCargo via the
Portal provides intermediary services in the execution of delivery services
provided by the Carriers.
2.3. The principles of processing the personal data of
the Users of the Portal are included in the Privacy Policy published on the
Portal.
2.4. Before starting to use the Portal,
the User is obliged to read these Terms, as well as the Privacy Policy
published on the Portal. Before choosing a particular Service, the User is
obliged to get acquainted with the Additional Information of a particular
selected Carrier. Before using the services of the Portal, the User is obliged
to confirm the agreement to the Terms, Privacy Policy and Additional
Information by making an appropriate note next to the confirmation "I
confirm that I have read the ZorroCargo Terms, Privacy Policy and Additional
Information of the Carrier". By making the note referred to in this
clause, the User irrevocably confirms that he/she has read and agrees to the
Terms, Privacy Policy and Additional Information. If the User does not agree
with the Terms, Privacy Policy or Additional Information, the User is not
entitled to use this Portal.
2.5. The Terms, Privacy Policy, Additional Information, FAQ,
as well as other terms published on the Portal are binding on the User and are
considered to be the terms of the distance contract.
2.6. The Website Operator has the right to make amendments to
the Terms and Privacy Policy at any time by publishing the current version of
the Terms and Privacy Policy on the Portal. The User's confirmation specified
in Clause 2.4. is made about the current and valid regulations of the Terms and
Privacy Policy at the time of placing the Order. The Carrier may make changes
to the Additional Information at any time. The User gets acquainted with the
Carrier's current Additional Information before placing each Order.
2.7. The "FAQ" section of the Portal publishes
information that is directly applicable to receiving the Service and executing
the Order. These Terms, including Clause 2.4. and 2.5. of the obligations of
the User set forth shall apply to the FAQ.
3. REGISTRATION AND USER RIGHTS
3.1. The User is not obliged to register on the Portal in
order to receive the Services offered on the Portal. The User has the right to
register on the Portal by filling in the input fields of the registration form,
presenting his/her personal data and agreeing to the transfer of personal data.
3.2. For registered Users, a profile is created on the Portal
and a user number is assigned after the User's registration is completed in
accordance with the Terms. Registered Users of the portal are provided with the
preservation of Order History and User data throughout the registration period.
3.3. The User has the right to manually delete the User
profile created on the Portal and the personal data stored in it at any time.
The User has the right to manually make changes to the data entered in his
profile.
3.4. The User has the right to use the Portal Services. The
User has the right to compare the Services offered by the Carriers and receive
a list of delivery offers free of charge. The User shall make payments in the
cases set out in these Terms or Additional Information.
3.5. The User of the Portal is prohibited to use the Portal
for such unintended purposes, including entering unsolicited information in the
input fields.
3.6. The User is responsible for the fulfilment of the
obligations of the Sender and the Recipient specified in the Terms in relation
to the Orders made by the User.
4. SELECTION AND PLACEMENT OF SHIPMENT
4.1. On the Platform
the User can receive Offers for shipping a specific User’s Shipment. To select
and receive Carrier offers, the User uses the Platform’s tool – “Platform
Calculator”.
4.2. On the “Platform Calculator” the User enters the
requested basic information in the relevant fields about the specific Shipment:
country, city and postal code for the delivery address, the size and type of
the Shipment.
4.3. According to Clause 4.2 of the Terms, after entering and confirming the data specified, all Carriers' offers for the specific Order are displayed on the Platform, indicating the price of the Order, possible Shipment’s receipt time and the possible delivery time by each Carrier, separately indicating available delivery methods (express delivery, expedited delivery, regular delivery, etc.).
4.4. For each price
offer presented, the User is provided with Additional Information on the
conditions of the specific Carrier as well as Additional Services in relation
to the delivery. The User gets acquainted with the Additional Information
independently by opening the sections “Additional Services” and “Additional
Information”, as well as by visiting the website of the specific Carrier to get
acquainted with the specific conditions.
4.5. The User completes the Order by selecting one of the
offers provided by the Carriers presented on the Platform for the specific
Order. The Carrier is selected by clicking on the relevant section named
“Order”. By selecting and confirming the specific price offer, the User agrees
to the delivery terms of the Carrier, including the “Additional Information”
corresponding to the Clause 4.4 of the Terms.
4.6. When placing an
Order, the User fills in the Order form generated on the Platform and indicates
the requested information about the specific Order, including Sender, Recipient,
pickup address of the Shipment, its delivery address, type of Shipment,
describes the content of the Shipment, its value, size and weight in the
specified range, required date of pickup and delivery of the Shipment, as well
as the special characteristics of the Shipment in accordance with the Clause
6.2 of the Terms, and other information that is required.
4.7. The User is responsible for the accuracy and truthfulness
when providing information that is stated in Clause 4.6. and assumes full
responsibility for damage to the Shipment, the Carrier's refusal to deliver,
other delivery disruptions, as well as additional costs calculated by the
Carrier in case the information provided by the User was incorrect.
4.8. When placing an Order, the User is obliged to indicate
the value of the Shipment. The value of the Shipment must be justified and
true. In case of a dispute, the User must provide documents to justify the
value of the Shipment, e.g., a receipt.
4.9. The User independently prepares and delivers the Shipment
to the courier of the selected Carrier, based on Section 6 of these Terms.
4.10. The User's Order is transferred to the selected Carrier within 15 business days after receiving the full prepayment in the ZorroCargo bank account. In case the User's Order is subject to post-payment, the Order is transferred to the Carrier immediately after the completion of the Order’s placement in accordance with Clause 4.5 and 4.6 of the Terms.
5. PAYMENT TERMS
5.1. The User pays for the Order in accordance with the conditions specified in the specific Offer, observing the data entered in the Order form regarding the weight, size, and number of Shipments. The fee for the Order is calculated and indicated after performing the Order processing operations. The Order fee includes value added tax in accordance with the legal regulations of the Republic of Latvia.
5.2. When
placing an Order, the User chooses one of the offered payment methods:
5.2.1. payment by payment card takes place on the
Platform when the User enters the data of the payment card of the bank held by
the User. When making a payment with a payment card held by another person, the
User confirms his right to use another person's payment card and assumes full
responsibility in this regard;
5.2.2. payment via Internet bank takes place when the User selects one of the banks specified in the Platform, connects to the Internet bank and confirms the automatically created payment for the User's specific Order;
5.2.3. Payment based on
pre-payment invoice takes place when the Portal, after drawing up and
confirming the User's Order, sends the User an invoice for the User's specific
Order to the e-mail address indicated by the User in accordance with the
selected price offer. The User is obliged to pay the invoice within 5 (five)
days from the date of preparation of the invoice or within another, shorter
term specified in the invoice. The payment term indicated in the invoice may be
shorter depending on the delivery time of the desired shipment specified in the
User's Order.
5.3. The User with whom a fixed-term service contract has been
concluded (hereinafter – the Agreement) and the concluded Agreement provides
for such a possibility, in addition to types of payment stated in Clause 5.2.,
it is possible to choose post-payment for the Service. Payment by post-paid
invoice is made in accordance with the Terms of the concluded Agreement.
5.4. According to Clause 5.1. ZorroCargo will send information
on the payment receipt confirmation to the e-mail specified by the User by
attaching the Shipment Consignment Note prepared for the Shipment. Receipt of
the consignment note shall be considered as acceptance and confirmation of the
Order by ZorroCargo and acceptance of the conclusion of the Agreement between
the User and ZorroCargo.
5.5. When paying for
the Order in accordance with Clause 5.2 of the Agreement the User irrevocably
confirms the conditions of the Order. In case the Order processed in this way
is not executed due to reasons dependent on the User, the User shall not be
refunded the payment made for the Order. The following cases, among others, are
considered to be such user-dependent reasons: the User has unilaterally
cancelled the Order; the Carrier has refused to execute the Order due to
non-compliance of the Shipment or other actions of the User.
5.6. The Shipment delivered to the Carrier is weighed and
re-measured before the delivery is made. When determining the size and weight
of a Shipment, the fixed values of a particular Carrier are decisive. In case
the weight or size of the Shipment delivered to the Carrier exceeds the weight
or size of the Shipment specified in the Order, ZorroCargo has the right to:
5.6.1. refuse to execute the Order if it has been refused by
the Carrier, or
5.6.2. to request the User to make a surcharge for an
inappropriate Shipment if such rights have been used by the Carrier in
accordance with the price list of the Services of the particular Carrier. The
final price of the Order execution is calculated in accordance with the
Shipment sizes – weight and size specified by the Carrier.
5.7. The User shall cover any additional expenses incurred by ZorroCargo or the Carrier due to the User's violations of the Terms, as well as expenses for any additional actions that the Carrier has had to perform to ensure the execution of the Order in accordance with the Carrier's price list.
5.8. ZorroCargo sends the User an Additional Invoice to cover additional expenses. ZorroCargo has the right to issue an additional invoice within 6 (six) months from the moment of incurring additional expenses.
5.9. The User is obliged to pay the Additional Invoice within the term specified therein. In case the User has not paid the Additional Invoice, ZorroCargo has the right to refuse the User's further execution of Orders, as well as to block the profile of the registered User until the payment is received.
6. ARTICLES TO BE DELIVERED AND THE PREPARATION
OF THE SHIPMENT
6.1. When placing an Order, the User is obliged to disclose
the content of the Shipment by filling in the relevant field in the Order form
in accordance with Clause 4.6 of the Terms. When making an Order, the User is
obliged to provide complete information about such deliveries that may in any
way cause danger to another person or the environment. The User is obliged to
comply with the prohibitions set out in Clause 6.4.
6.2. When filling in the Order form, the User is obliged to
mark the special features of the objects in the Shipment: “Fragile”, “Bulky”,
“Delivery in a shopping centre”, etc.
6.3. The User is fully responsible for the content of the
Shipment delivered to the Carrier.
6.4. It is prohibited to include in the Shipment articles that
have been withdrawn from civil circulation and/or the storage or transportation
of which is prohibited by the law of the Republic of Latvia, regulatory
enactments of the European Union, as well as regulatory enactments of transit
or destination country. The User is prohibited from sending, among other
things, the following items, as well as items that are prohibited in the FAQ
and Additional Information of each Carrier:
6.4.1. narcotic or psychotropic substances;
6.4.2. material of a pornographic or erotic nature which
describes or depicts the sexual exploitation of children (child pornography),
sexual activities of persons with animals, necrophilia, or violence of a
pornographic nature;
6.4.3. articles or substances the importation or circulation
of which in the countries of destination is prohibited;
6.4.4. articles or substances, the export of which from the
Republic of Latvia or circulation in the Republic of Latvia is prohibited;
6.4.5. objects or substances which, due to their nature or
packaging, may contaminate or damage other postal items or postal equipment;
6.4.6. postcards or letters with the features of regular and
private correspondence, which indicate that these postcards or letters are
exchanged by persons who are not indicated on the Shipment as the sender and
addressee;
6.4.7. explosive, flammable, radioactive, perishable
biological substances and infectious substances;
6.4.8. money, coins, banknotes, and securities of any kind
(checks);
6.4.9. articles and substances the transfer (transportation)
of which is prohibited in regulatory enactments in the field of medicine or
transport (aviation);
6.4.10. animals.
6.5. In case substances or articles referred to in Clause
6.4 of the Terms are found in the Shipment, the Carrier refuses or terminates
the execution of the Order. The Carrier is entitled to dispose of the Shipment
in accordance with the law and the Carrier's Additional Information, including
requesting the return of the Shipment from the Carrier's warehouse or returning
the Shipment to the Shipper in accordance with the Carrier's Terms of Service. ZorroCargo
has the right to request the User or the Shipper to take back the shipments
specified in this Clause upon receipt at the Carrier's warehouse. The User is
informed that the User is obliged to reimburse ZorroCargo for any expenses
related to the storage of the shipment specified in this clause in the
Carrier's warehouse until return, in accordance with the Carrier's price list
included in the Carrier's Additional Information. The User shall also reimburse
ZorroCargo for any other losses incurred by ZorroCargo in the case specified in
this Clause within 3 (three) business days in accordance with the Additional
Invoice issued by ZorroCargo.
6.6. In the case specified in Clause 6.5 of the Terms, the
User shall not be refunded the payment made for sending the Shipment.
6.7. Penalties. In case the User/Shipper/Recipient violates
Clause 6.4 of the Terms and the Shipment contains items prohibited in
accordance with Clause 6.4 of the Terms, including those specified in the
Additional Information of the selected Carrier, the User who was responsible
for the Shipment content is obliged to pay ZorroCargo fine in EUR 130 for each
Shipment containing prohibited articles. The User shall pay the penalty
specified in this clause within 3 (three) business days from the date of sending
the respective ZorroCargo Additional Invoice. The invoice is sent to the e-mail
address provided by the User.
6.8. The User ensures the packaging of the item to be
sent, following the guidelines published in the FAQ section for preparing the
Shipment for delivery by courier and the Additional Information of the specific
Carrier. The User is responsible for the suitability of the packaging for the
protection and preservation of the shipped article during transportation. The
User is obliged to securely affix the Consignment Note prepared for the
specific Shipment and sent or issued to the User to the packaging of the
Shipment.
6.9. Any Carrier is entitled to refuse to accept the
User's shipment if its packaging does not comply with the conditions specified
in this Clause and the Carrier's terms of service, the packaging is damaged,
the packaging does not ensure safe transportation of the Shipment, the
information required for transportation is not indicated or the special
Consignment Note has not been used.
6.10. The User is obliged to ensure the delivery of the
Shipment to the Carrier at a point that can be reached by delivery transport,
as well as is obliged to ensure the delivery of the Shipment at the place and
time specified in the Order form without causing downtime of the Carrier's
courier.
6.11. The User is responsible that while the Shipment is under
the control of the Carrier, the contents and packaging of the Shipment may not
damage the Shipment, the packaging of the Shipment and other objects in the
delivery transport or the Carrier's warehouse, nor damage the Carrier's
personnel, premises and delivery transport.
6.12. The User shall be liable for losses arising from ZorroCargo,
the Carrier, their employees and third parties as a result of the Shipment,
information related to the Shipment, packaging, inconsistencies of the
documents or actions, omissions or non-compliance with these Terms by the
User/Sender/Recipient. Among other things, the User shall cover the expenses
requested by ZorroCargo due to downtime, incorrect or false calls caused by the
User's actions in accordance with the price list of the particular Carrier, for
which ZorroCargo issues the User an additional Invoice.
7. TERMS OF DELIVERY
7.1. Delivery of the User's Shipment is ensured in accordance
with the Order, observing the delivery conditions of the particular Carrier.
The Carrier shall choose the method of storage, transportation, loading,
unloading and storage of the Shipment, taking into account the special features
of the Shipment indicated on the packaging of the Shipment.
7.2. If the Recipient refuses to accept the Shipment and/or
upon the request of the Carrier's courier to present an identity document or
sign for the receipt of the Shipment, the Shipment shall not be issued to the
Recipient and shall be returned to the Carrier's warehouse. In the case
specified in this Clause, the Carrier shall handle the Shipment in accordance
with its Special Conditions.
7.3. If the delivery address specified by the User cannot be
found, the Recipient cannot be found and cannot be called or in the case
specified in Clause 7.2 of the Terms, the Carrier shall handle the Shipment in
accordance with its Special Conditions. For re-delivery of the Shipment, change
of delivery address, return to the Sender or storage, the Carrier is entitled
to apply an additional payment in accordance with the conditions of the
particular Carrier, for which ZorroCargo issues the relevant Additional Invoice
to the User. In case the Sender refuses to accept the Shipment back or cannot
be reached, the Shipment is destroyed.
7.4. The Carrier shall be responsible for the preservation of
the Shipment from the moment the Carrier's courier has accepted the Shipment
until the moment when the Shipment is delivered to the Recipient or returned to
the Sender. The moment of delivery of the shipment is fixed in accordance with
the regulations of the particular Carrier.
7.5. Unless otherwise specified in the Carrier's Additional
Information, the Order shall be deemed fulfilled (Shipment – delivered) at the
moment when the Shipment is delivered to the specified delivery address, pick-up
point, placed at the Parcel terminal, delivered to the post office, delivered
to the Recipient's neighbour, left at the delivery address or placed in the
mailbox, for which the Carrier 's courier leaves a remark in the delivery
documents. The User ensures that the Recipient takes the Shipment at the pick-up point
or at the Parcel terminal, observing the deadlines set by the Carrier.
7.6. The User is obliged to ensure that the person who is at
the specified time and place of delivery of the Shipment is the Recipient
indicated on the Shipment or the person who is entitled to accept the Shipment
on behalf of the Recipient. The Carrier is not obliged to verify the
Recipient's identity document, as well as is not obliged to obtain the
Recipient's signature on receipt of the Shipment. However, at the request of
the Carrier's courier, the Recipient is obliged to present an identity
document, power of attorney and/or sign upon receipt of the Shipment.
7.7. The Carrier accepts and hands over the Shipment, checking
only the number of items in the Shipment and the condition of the packaging. If
the packaging is damaged during delivery, the Carrier's representative shall,
at the request of the Recipient, inspect the damaged items of the Shipment
together with the Recipient, opening them, drawing up a report and making
appropriate notes in the Consignment Note on the detected damage, as well as
photographing the damage.
7.8. The User takes responsibility for the fact that the
Recipient accepts only Shipments addressed to him/her. In case the Recipient
has unreasonably accepted a Shipment that is not addressed to him and does not
belong to him, the User and the Recipient are obliged to immediately notify ZorroCargo
and ensure the return of the unreasonably accepted Shipment to the Carrier at
their own expense. If the User and the Recipient do not comply with the
provisions of this clause, they may be held fully liable for damages caused to ZorroCargo,
third parties and the Carrier, as well as the Sender, the Recipient and the
User lose the right to make claims for incorrect delivery.
7.9. In the event that the Shipment is not delivered on time
due to the fault of the Sender, the Recipient or the User, ZorroCargo and the
Carrier shall not be liable for non-delivery of the Shipment on time.
7.10. The possible delivery time of the Shipment indicated in
the Offers is of an informative nature, and ZorroCargo does not take
responsibility for the delivery of the Shipment within the specified time,
unless such responsibility has been directly assumed by the Carrier. In any
case, ZorroCargo and the Carrier shall not be liable for the delivery of the
Shipment within the specified time if the User has delayed the payment of the
Invoice or delivery of the Shipment to the courier or if the Recipient has not
been reached at the delivery address.
7.11. The User performs all the necessary actions regarding
the fulfilment of regulatory enactments for the implementation of customs
procedures, independently preparing all the necessary documentation, paying the
related taxes and fulfilling other requirements of regulatory enactments.
8. RESPONSIBILITY AND RESTRICTIONS
8.1. By using the Platform, the User confirms that he/she
is aware that ZorroCargo does not provide delivery services itself but provides
a brokerage service by placing a delivery Order between the User and the
Carrier of his choice.
8.3 The Platform provides information on the Carriers' offers,
display of the information provided by the Carriers and mediation in the
execution of the delivery (sending and receiving) Order and the User's
payments.
8.3. ZorroCargo is not responsible for the User's choice to
receive a particular Service from a particular Carrier.
8.4. The User is directly responsible for violations of these
Terms, as well as the Special Conditions of any selected Carrier, directly to ZorroCargo.
The User shall cover all losses incurred by ZorroCargo as a result of the
User's fault, including penalties, sanctions imposed by the state or local
authorities, any contractual penalties, losses, interest or other sanctions
caused by the User's, Sender's or Recipient's actions (actions or omissions),
which ZorroCargo has had to pay to the Carrier or any third party.
8.5. All claims of the User related to the execution of the
Order shall be submitted by the User to ZorroCargo, observing Section 9 of
these Terms. ZorroCargo transfers the User's claims to the Carrier, which
reviews them in accordance with the Carrier's Additional Information. ZorroCargo
pays the compensation due to the User in cases when the Carrier has
acknowledged the User's claims as justified and the respective compensation has
been paid by ZorroCargo.
8.6. ZorroCargo's liability for damages caused to the User is
limited to the limits of liability limitation set for each Carrier. For insured
Shipments, the Special Conditions of each Carrier apply.
8.7. The User is obliged not to give his/her password to third
parties, but in case the User suspects that the password has become available
to a third party, he/she must immediately change the password, if the User is
able to log in to his/her Portal profile and notify the Portal Administrator
via e-mail address: [email protected],
The contact form "Contact us” on the Platform.
8.8. ZorroCargo shall not be liable for actions performed on
behalf of the User by third parties who have obtained the User's username and
password, unless such acquisition of the username and password has taken place
through malfunctions of the Portal not related to the circumstances specified
in Clause 8.9.
8.9. The User is obliged to use only secure means of
electronic communications and data transmission and equipment to register on
the Portal and use the Portal.
8.10. The Portal is not responsible for damage or disruption
in the operation of the Portal if caused by damage, malfunction of the User's
equipment, User's e-mail configuration or congestion, use of inappropriate or
unlicensed equipment or software, power failure or communication disruption
between the User's equipment and the Portal.
8.11. The User shall cover all losses incurred by ZorroCargo
as a result of the User's fault, including penalties, sanctions imposed by the
state or local authorities, any contractual penalties, losses, interest or
other sanctions caused by the User's, Sender's or Recipient's actions (actions
or omissions), which ZorroCargo has had to pay to the Carrier or any third
party.
9. PROCEDURE FOR SUBMITTING CLAIMS AND SETTLEMENT
OF DISPUTES
9.1. The User, the Sender and the Recipient have the right to
submit written claims to ZorroCargo regarding the violations committed by the
Carrier in the execution of the Order, observing the provisions of Section 9 of
these Terms. Any claims against Carriers are made only via ZorroCargo. In the
event that the User, the Shipper or the Recipient arbitrarily contacts the
Carrier, ZorroCargo shall not be liable for any matter covered by the claim.
9.2. The User has the right to submit claims in writing for
violations of these Terms or Privacy Policy directly committed by ZorroCargo,
which are not directly related to the provision of the Shipment, in accordance
with Clause 9.6. within 5 (five) working days from the day of the violation.
The information set out in Clause 9.7.1, 9.7.2 of the Terms shall be indicated
in the claim referred to in this Clause.
9.3. Claims for any visible damage to the Shipment or its
packaging, as well as missing or incorrect delivery of the Shipment shall be
made at the time of delivery, for which the Recipient and the Carrier's courier
shall comply with the fixations referred to in Clause 7.7. In case the
Carrier's courier has not accepted the Recipient's claim, the User is obliged
to immediately, but not later than within 1 (one) calendar day, submit the
claim specified in this clause to ZorroCargo, observing Section 9 of these
Terms.
9.4. In cases where the defects of the Shipment have not been
obvious and have been established after the opening of the Shipment, the claim
may be submitted within the following deadlines:
9.4.1. within 2 (two) calendar days from the day of submission
of the Shipment application (Order) to the Portal, if the claim is submitted
for non-acceptance of the Shipment by the Carrier's courier;
9.4.2. within 2 (two) working days from the day of delivery of
the Shipment, following Clauses 7.4. and 7.5.;
9.4.3. within 2 (two) calendar days from the day of receipt of
the Shipment, if the claim is submitted regarding Clause 9.3. and the Shipment
has been delivered indirectly – via the parcel terminal, at the pick-up point,
placed in the mailbox, left at the address without handing it over personally
to the Recipient or another person. For the purposes of this Clause, the day of
receipt of the Shipment is the day when the Recipient has removed the Shipment
from the parcel terminal, pick-up point or when the Carrier's courier
has left it at the address or placed it in the mailbox.
9.5. A claim shall be deemed to have been submitted within the
appropriate time limit if it has been received by the ZorroCargo office, by
e-mail or via the Portal contact form “Contact us” no later than 17.00 Latvian
time on the last day of the term. In the event that claims are submitted in
violation of Clause 9.3. and 9.4. ZorroCargo has the right to decide on the
transfer of claims to the Carrier. ZorroCargo has the right not to review and
transfer to the Carrier claims submitted in violation of the time limits set
out in Clauses 9.2, 9.3. and 9.4.
9.6. Claims in accordance with Clauses 9.2., 9.3. and 9.4.
shall be submitted using the claim form available in the “Terms” section of the
Portal. Signed claim must be sent by the Sender or the Recipient to ZorroCargo
e-mail [email protected]. A
claim is considered signed if it is signed with a secure electronic signature
or printed, signed by hand and scanned in PDF or JPG format.
9.7. The User, the Sender or the Recipient shall indicate in
the claim and attach to it the following information and documents:
9.7.1. the name, surname and personal identification code of
the submitter of the claim or the name and registration number of the legal
person, as well as the telephone number and bank account number, if the claim
is related to compensation for losses;
9.7.2. information about the Order, which is the basis for
submitting a claim (Shipment number, date of shipment, Name of the Recipient,
declared value of the Shipment);
9.7.3. detailed circumstances of the case, the essence of the
claim, the claims of the submitter of the claim, the amount of the claim and
its clear calculation and substantiation;
9.7.4. a copy of the shipment invoice/bill of lading, if any;
9.7.5. photographs of the Shipment showing damage to the
Shipment;
9.7.6. if the damage to the Shipment is discovered at the time
of delivery of the Shipment or in the course of delivery, – an act signed by
the Carrier and, if possible, the User, the Sender or the Recipient regarding
the detected damage, missing or incorrect Shipment.
9.8. ZorroCargo reviews the claim of the User, the Sender or
the Recipient and, if it considers that there are grounds for submitting the
Claim to the Carrier, it shall immediately submit it to the relevant Carrier
who has secured the specific Order for which the claim has been submitted within
the deadlines set by the Carrier.
9.9. ZorroCargo has the right to request additional
information and documents from the claimant in connection with the submitted
claim, especially if such request has been made by the Carrier.
9.10. ZorroCargo responds to the claim after the claim has
been reviewed and decided by the Carrier. ZorroCargo will in any case provide
an interim or final response to the claim within 40 (forty) days from the date
of receipt of the claim, subject to Clause 9.5. The User, the Sender or the
Recipient is aware that the Carrier has the right to extend the term of review
of claims for an indefinite period of time in case additional investigation is
necessary.
9.11. In the event that the Carrier finds the claim for a lost
or damaged Shipment to be justified after the inspection, the User is entitled
to receive compensation from ZorroCargo in the amount of the fair market value
or actual loss of the lost or damaged goods, not exceeding the amount specified
in the Carrier's Additional Information. Compensation to the claimant (User,
Shipper or Recipient) is paid upon and after receipt by ZorroCargo from the
Carrier.
9.12. The User, the Recipient and the Sender shall not be
compensated for indirect and accidental losses, including lost profits, nor
shall compensation be paid for non-pecuniary damage.
9.13. After compensation for the damaged or lost Shipments to
the claimant, the Shipment shall become the property of the Carrier, but in
case of an insured shipment – to the insurance company, if provided for in the
Special Conditions of the specific Carrier.
9.14. In cases specified by law, consumers who have used the
services of the Portal have the right to turn to an out-of-court dispute
resolution body to resolve the dispute. Information on out-of-court dispute
mediators is available on http://www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze.
9.15. The User, the Recipient or the Sender and/or ZorroCargo
may apply to the court of the Republic of Latvia to protect their interests. In
any dispute resolution between the User, the Recipient or the Sender and ZorroCargo,
the laws and regulations of the Republic of Latvia shall apply.
10. COMMUNICATION AND CONFIDENTIALITY
10.1. ZorroCargo respects the confidentiality of personal
data, information about User Orders. All User data and other information
entered by the User on the Portal for placing an Order is stored, used and
transferred only in accordance with the Privacy Policy and applicable laws and
regulations.
10.2. The User and ZorroCargo understand that in the course of
the execution of the Order, information may be disclosed about the activities
of the User, ZorroCargo or the Carrier, which the owner of the information
considers to be confidential and belonging to him. A person to whom
confidential information has become available undertakes to ensure its
confidentiality and to use it only for the purpose for which it was provided.
10.3. The User and ZorroCargo undertake to make every effort
to ensure that confidentiality rules are observed by employees, subcontractors
and other persons who may have access to the User's or ZorroCargo's
confidential information in the course of their duties.
10.4. ZorroCargo and the Carrier use the e-mail address
specified in the User's Portal profile or Order form to communicate with the
User. Information sent in this form is equivalent to information sent in
writing. In the cases specified in the Carrier Terms and with the consent of
the User, the information may be sent to the User by text message to the
telephone number specified by the User.
10.5. The user uses the "Contact us" contact form on
the Portal to communicate with ZorroCargo.
11. FORCE MAJEURE
11.1. The User and ZorroCargo shall be released from liability
for non-performance if it has arisen as a result of force majeure
beyond their control and which they could not have foreseen. Such circumstances
include the following: natural disasters, natural disasters, riots, acts of
war, insurrections, decisions and orders of governmental authorities that
prohibit or make impossible the performance of the Services provided by ZorroCargo.
11.2. In case of force majeure circumstances lasting
more than 1 (one) month, the User and ZorroCargo are entitled to withdraw from
their obligations, the non-fulfilment of which has occurred due to force
majeure circumstances, if the entitled person has duly and
immediately notified the other of force majeure circumstances,
accompanied by appropriate evidence of force majeure.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. All property and non-property rights of the author to the Service
Platform and Portal provided on the Portal, as well as all information
published on the Portal, including the Terms,, belong to SIA “Hanza Cargo”,
registration number 40103237198.
CONFIRMED BY SIA “Hanza cargo” 21.10.2022.
ZorroCargo
PRIVACY POLICY
1. BASIC
TERMS AND DEFINITIONS
1.1. This Privacy Policy contains information about the processing of
personal data on the portal www.ZorroCargo.eu. The purpose of the Privacy
Policy is to provide information to individuals about how and why ZorroCargo
obtains personal data, how personal data is used and what the Data Subject's
rights are in relation to ZorroCargo's activities in using its data.
1.2. The controller of personal data at the disposal of ZorroCargo is
SIA “Hanza Cargo”, registration number 40103237198 (previously and hereinafter
– ZorroCargo). The Data Controller can be contacted using the following
contact information: Bikernieku 126/1-12, Rīga, Latvia, LV-1079, e-mail: [email protected].
1.3. The content
of the terms used in this Privacy Policy corresponds to the meaning of the
terms specified in the ZorroCargo Terms of Service and Portal Use (hereinafter
– the Terms), unless otherwise stated in this Policy. This Privacy Policy is an
integral part of the Terms and is governed by the Terms, unless otherwise
stated in this Privacy Policy.
1.4. The terms used in this Privacy Policy have the following meanings:
1.4.1. Forgetting – deleting Data Subject’s data from all ZorroCargo
systems.
1.4.2. Data Subject – an identified or identifiable natural person who
can be directly or indirectly identified using the personal data of the data
subject available to ZorroCargo;
1.4.3. Employee – natural person in actual employment relationship with ZorroCargo
on the basis of employment contract, or other legal agreement, or authorised
representative;
1.4.4. Personal data – any information relating to an identified or
identifiable natural person – the Data Subject;
1.4.5. Privacy Policy – this Privacy Policy.
1.4.5. Cookies – a small text file that is stored on a computer or other
Used device (such as a mobile phone) when the User visits a website. The text
file stores information based on the actions of the User in the browser, which
is used to improve the experience of using the website for visitors to a
particular website (Portal). Cookies collect data about visits to the website,
help to improve the functionality of the website and offer appropriate content
and advertisements to the specific User.
2. PURPOSE
AND LEGAL BASIS OF THE PROCESSING OF PERSONAL DATA
2.1. The personal data held by ZorroCargo is used to ensure the
provision of ZorroCargo services – mediation in the processing and execution of
the Shipment Delivery Service by delivering the Shipment from the Sender to the
Recipient.
2.2. The legal basis for the processing of the User's personal data set
out in Clauses 4.1.1., 4.1.2., and 4.1.3. is the fulfilment of the Agreement
concluded between the User as a Data Subject and ZorroCargo for the provision
of services to the User.
2.3. The legal basis for the processing of the Recipient's personal data
set out in Privacy Policy Clauses 4.2.1. and 4.2.2., is the performance of the
Agreement concluded between the Sender and the Recipient as a data subject, on
the basis of which the Sender transfers the Shipment to the Recipient, if such
an agreement has been entered into. In other cases, the legal basis for the
processing of the Recipient's personal data is the Sender's legitimate interest
in ensuring the delivery of the Shipment to the Recipient.
2.4. The personal data of the User, the Sender and the Recipient are
obtained only to the extent necessary for the execution of the Order – delivery
of the Shipment to the address indicated to the Recipient, as well as in the
cases provided for in the Regulations – return delivery of the Shipment.
3. PERSONAL
DATA PROTECTION
3.1. ZorroCargo respects the confidentiality of personal data,
information about User Orders. All personal data and other information entered
by the User on the Portal for placing an Order shall be transferred for
processing only to the Carrier whose delivery service has been chosen by the
User and only to the extent necessary for the execution of the Order. Carriers
have the right to transfer the personal data of the User, the Sender, the
Recipient to subcontractors involved in the provision of services.
3.2. ZorroCargo takes appropriate measures to ensure that the Data
Subject's personal data held by ZorroCargo is always secure and that the
processing of personal data takes place in accordance with applicable data
protection laws, ZorroCargo's internal policies, guidelines and procedures.
Data is stored on secure servers.
3.3. The Service Provider ensures, reviews and improves protection
measures to protect the Customer’s personal data against unauthorised access,
accidental loss, disclosure or destroying. To ensure the above, the Service
Provider uses modern technologies, technical and organisational requirements,
incl. using firewalls, penetration testing, analysis software and data
encryption.
4. WHAT
PERSONAL DATA TYPE ARE OBTAINED and from what sources
4.1. ZorroCargo obtains the User's personal data only to the extent to
which the User provides them by registering on the Portal and placing an Order:
4.1.1. personal information (name, surname);
4.1.2. contact information (postal address, phone number, e-mail
address);
4.1.4. payment information (card number, account number, personal
identification number, if the User chooses to pay by card or via online
banking);
4.2. ZorroCargo obtains the Recipient's personal data to the extent
provided by the User when placing an Order:
4.2.1. personal information (name, surname);
4.2.2. contact information (postal address, telephone number, e-mail
address);
4.3. By using the ZorroCargo services, the User confirms that all
personal data provided by the User, including the personal data of the User, is
correct and accurate. The provision of personal data is determined in
accordance with the Agreement and is considered a precondition for concluding
an Agreement and providing services to the User. In case the User has provided
inaccurate or incorrect personal data, the provision of services is not
possible.
5. To whom
and for what purpose personal data is transferred|
5.1. ZorroCargo transfers personal data to the specific Carrier selected
by the User for the execution of the Order. Personal data is transferred in the
amount necessary to be able to execute the order: collection of the Shipment,
delivery of the Shipment to the Recipient or return delivery to the Sender.
5.2. ZorroCargo is obliged to transfer the personal data of the User,
the Sender and the Recipient to the law enforcement establishments, as well as
to the state and local government, whose right to obtain personal data is
stated in regulatory enactments. ZorroCargo may also transfer the Data
Subject's personal data to law enforcement rules and subjects (eg courts,
lawyers) as well as in other state and municipaly institutions to defend ZorroCargo's
legal interests.
6. DATA
SUBJECT RIGHTS
6.1. Data Subject has the following rights:
6.1.1. to be informed of the purposes of the data processing before any
transfer of data;
6.1.2. to oppose the continuation of data processing as well as the
withdrawal of prior consent to data processing;
6.1.3. to request the correction of personal data if they are
inappropriate, incomplete or incorrect, to request a restriction of processing
in relation to the Data Subject, as well as the right to data portability. The
User has the right to correct the data in the registered profile of the Portal:
6.1.4. to receive information on whether ZorroCargo processes the
personal data of the Data Subject and, if it does, access them;
6.1.5. to request the “Forgetting” of your personal data in the cases
specified in regulatory enactments by submitting a request in the form of the
Portal contact “Contact us”;
6.1.6. to request when, to whom, to what extent and on what grounds its
personal data have been transferred. The right to request such a service is
free of charge once a year. The data subject shall not be provided with
information regarding the transfer of personal data to institutions in cases
where the regulatory enactments provide for a prohibition to disclose the said
fact;
6.1.7. other rights of the Data Subject specified in external regulatory
enactments.
6.2. In case of violation of rights, the Data Subject has the right to
apply to ZorroCargo at any time with a relevant claim, to the Data State
Inspectorate or to a court in accordance with the procedures specified in
regulatory enactments.
6.3. ZorroCargo processes the Data Subject's requests and requests
provided for in this section as soon as possible, but not later than within 5
(five) business days from the date of receipt of the request.
7. TERMS OF STORAGE OF PERSONAL DATA
7.1. The
Personal Data provided to ZorroCargo will be stored for as long as necessary
for the purpose of data processing – to ensure the performance of the services
provided by ZorroCargo or until the Data Subject has withdrawn its consent to
the data processing. ZorroCargo has the right to store personal data for a
longer period of time in order to meet the legal requirements regarding the
minimum term of storage of documents or information, as well as within the
terms specified in regulatory enactments for the protection of ZorroCargo's
legal interests.
7.2. At the end of the data retention period, the data will be deleted,
made inaccessible (archiving) or unidentifiable so that they can no longer be
linked to the Data Subject.
7.3. Cooperation partners, including Carriers, store the customer's
personal data in accordance with the terms and conditions specified in the
privacy policies of the respective cooperation partners and in accordance with
the prescribed procedures, in compliance with regulatory enactments.
8.
COOKIES
8.1. ZorroCargo uses Cookies on the Portal to provide Services to Users
and to improve the functionality of the Portal.
8.2. The User can restrict or disable the use of Cookies in the Internet
browser used by the User by using the functions offered by the specific browser
in the “settings” section or similar. The User has the right and can delete all
cookies stored on his/her device. Restricting or disabling cookies may prevent
the User from using all the functions of the Portal in full.
8.3. The following Cookies are used on the portal:
8.3.1. Google Analytics Cookies – cookies created by "Google Inc.”
programme "Google Analytics" have been installed on the site. The
purpose of the use of cookies by “Google Analytics” is improvement of our website
content and adapting the content to the needs of Users. More information about
“Google Analytics” service terms is available here: http://www.google.com/analytics/terms/us.html.
8.3.2. Google AdWords cookies – This site uses a Google AdWords
remarketing service that will place advertisements to third-party sites
(including Google) to past visitors of the site.
8.4. The following types of cookies are used on the Portal:
8.4.1. Mandatory cookies. These cookies are important because they are
necessary for the smooth operation of the website. Without these cookies, it is
not possible to connect to the user profile and make full use of the website.
Such cookies identify the User's device, but do not reveal the User's identity
or collect information about the user. These cookies are stored on the User's
device until the browser is closed.
8.4.2. Functional cookies. Such cookies ensure easy and complete use of
the website, as well as help users to use the website effectively and
personalize it. Functional cookies store User's preferences and provide certain
functions. These cookies are permanently stored on the User's device.
8.4.3. Analytical cookies. Such cookies collect information about Users'
interactions with the website, such as which sections are most frequently
visited and which services are most frequently used. The information collected
is used for analytical purposes to understand what Users are interested in and
how to make the website more user-friendly. Third-party cookies may be used for
analytics. These cookies are permanently stored on the User's device.
8.4.4. Targeted cookies. These cookies are used on the website to tailor
marketing activities to the user and the User's interests and to provide the
User with personalized services in the future. These cookies remember that the
User visited the website and can be used to show the User personalized
advertising on social media and other sites. Third-party cookies may be used
for targeted advertising. These cookies are permanently stored on the User's
device.
8.4.5. Third-party cookies. The website uses the services of third
parties, such as analytics services, to know what is popular on the website and
what is not, thus making the website more usable. Third-party cookies are not
controlled, and you can obtain more information about such cookies and their
privacy policies by visiting the websites of such third parties. Any
information obtained from third-party cookies is processed by the respective
service provider.