Table of content

Terms of Use of the Swotzy Platform

Table of content

07.12.2023

1. Used terms

  • Swotzy - Limited Liability Company "Swotzy," registration number 40203423552, legal address: Friča Brīvzemnieka iela 7, Liepāja, Latvija, LV-3401.
  • Portal - Swotzy application (app.swotzy.com) and application programming interface (API).
  • Terms of Use - these Terms of Use of the SWOTZY Platform.
  • User - a legal entity registered on the Portal.
  • Package - a Shipment containing goods or items with or without commercial value.
  • Shipment - a shipment addressed in its final form, which a Postal Merchant delivers to the addressee.
  • Postal Merchant - a merchant providing postal services (e.g., DPD, Latvijas Pasts, etc.).
  • Transportation - the transportation of Shipments from postal service points to sorting locations, between sorting locations, and from sorting locations to postal service pointsDelivery - the delivery of Shipments from the last sorting location to the addressee.

2. General Terms, Service Description

2.1. These Terms of Use apply when accessing and using the Portal and ordering Postal Merchant services available on the Portal. The Portal is intended for use only by legal entities who are not considered consumers.

2.2. By registering on the Portal and accepting these Terms of Use, the User enters into a binding agreement with Swotzy.

2.3. The purpose of the Portal is to provide Users with the opportunity to easily create and send Shipments using the integrated Postal Merchant services available on the Portal. The Portal provides Users with information about the available Postal Merchant services and their prices in an aggregated manner, allowing the User to choose the most suitable Postal Merchant for sending the Shipment.

2.4. After creating and ordering a Shipment, the User will receive a digital label in printable format, which must be printed and attached to the Package to ensure the Transportation and Delivery of the Shipment.

2.5. The services of collection, Transportation, sorting, and Delivery of Shipments are provided by the Postal Merchant selected by the User on the Portal. The integrated Postal Merchants on the Portal are Swotzy's cooperation partners with whom Swotzy has entered into an agreement to enable Users to create Shipments via Portal and deliver them to Postal Merchants. 

3. Pricing and payment terms and conditions

3.1. The estimated price for Shipment Delivery (excl. VAT) is indicated to the User on the Portal before confirming the Shipment. The price calculation is based on the information provided by the User before confirming the Shipment. The final price of Shipment delivery may vary if the actual size and weight of the Shipment differ from what the User has indicated.

3.2. Swotzy will issue a post-payment invoice for the services provided and send it to the User's email address registered on the Portal. The User is obliged to pay the invoice in full within the specified term indicated on the invoice.

3.3. The invoice is prepared electronically and is valid without a signature. The invoice is considered received on the next day after it is sent from the respective Swotzy email address. If the actual information about the Shipment differs from what the User has indicated on the Portal when creating the Shipment, Swotzy will issue an invoice for the actual delivery costs of the Shipment, as indicated in the Postal Merchant's invoice.

3.4. The User is obligated to pay applicable taxes and other expenses related to Shipment Delivery. If the Shipment is delivered outside of the EU/EEA value added tax and import duties may apply in accordance with recipient country laws and regulations. 

3.5. Taxes and other expenses will be included in the invoice.

3.6. Shipment collection (pick-up) ordered on the Portal is included in the price for Shipment Deivery, however, it should be noted that the Shipment collection (pick-up) is subject to selected Postal Merchant’s availability and capacity. 

3.7. If the User delays payment beyond the specified deadline in the invoice, Swotzy has the right to apply a contractual penalty of 1% of the delayed payment amount.

4. Shipment packaging requirements

4.1. For Shipment packaging requirements, terms and conditions of the relevant Postal Merchant shall apply. 

4.2. If Shipment containing liquids, flammable substances or chemicals, is ordered on the Portal for Delvery the User is obliged to inform Swotzy by contacting support@swotzy.com so that Swotzy can make sure that the Shipment is safe for Delivery.

5. Prohibited Shipments

5.1. The User is fully responsible for the contents of the Shipment. 

5.2. The User is prohibited from shipping the following items via Portal:

  • 5.2.1. Any items or substances whose Transportation is prohibited by Postal Law and other applicable Latvian or international laws;
  • 5.2.2. Items requiring a special temperature regime for Transportation;
  • 5.2.3. Valuables, precious metals, jewellery, antique items, artworks, watches, carpets, fur, leather, and other leather products with a value exceeding 520.- EUR per unit;
  • 5.2.4. Other goods and items with a value exceeding 13,000 EUR;
  • 5.2.5. Items and substances whose Transportation is not allowed according to the Postal Merchant terms and conditions.

5.3. By ordering the Transportation of prohibited items or substances, handing over, or attempting to hand over them for Transportation in any way, the User assumes full responsibility for all consequences arising from such actions and undertakes to compensate Swotzy for any direct losses incurred as a result of the User's actions.

6. Delivery

6.1.The Shipment delivery, delivery deadlines, handling of undelivered Shipments, and other conditions related to delivery are subject to the relevant Postal Merchant terms and conditions.

7. User’s Rights and Obligations

7.1. The User is obliged to provide true and accurate information about themselves when registering on the Portal. The User is liable for any losses incurred by Swotzy due to providing false or incorrect information.

7.2. The User is obliged to familiarise themselves with and comply with the relevant Postal Merchant terms and conditions applicable to the Shipment handling. In case of non-compliance with the Postal Merchant terms and conditions, the Shipment may not be accepted for Transportation.

7.3. The User is prohibited from disclosing their Portal authentication data (password) to third parties.

7.4. The User is responsible for the costs and losses incurred by Swotzy if third parties have used Swotzy services using the User's authentication data.

7.5. The User is obliged to pay the post-payment invoice  within the specified term.

7.6. If the Postal Merchant is unable to Deliver the Shipment to the specified address and the Shipment needs to be returned to the User, the User is responsible for the costs of the return Delivery.

7.7. The User is obliged to hand over the Shipment to the Postal Merchant at the specified address and time. The User is responsible for the costs arising if the provisions of this point are not adhered to.

7.8. The User is not entitled to compensation if the Shipment is incorrectly packaged or handed over for Delivery to another Postal Merchant for Transportation.

7.9. In case of using the Portal in breach of these Terms of Use Swotzy may immediately suspend access to the Portal. 

8. Swotzy rights and obligations

8.1. Swotzy does not provide the Shipment Delivery and is not responsible for actions that are beyond Swotzy's control and are the responsibility of the Postal Merchant, such as Shipment Transportation and Delivery.

8.2. Swotzy is not liable for expenses and losses if the User has handed over an incorrect Shipment to the Postal Merchant, provided an incorrect delivery address, or mislabeled the Shipment. The User shall cover and pay for all expenses arising from these circumstances.

8.3. Swotzy has the right to deny the User access to the Portal if the payment for received services according to the post-payment invoice is not received within 20 business days.

8.4. Swotzy is not responsible for direct or indirect losses that may be incurred by the User as a result of using the Portal or disruptions in the Portal's operation.

9. Intellectual property

9.1. Swotzy is the exclusive owner of and hereby retains all right, title and interest in and to Portal and any intellectual property objects related to Portal, including without limitation all intellectual property rights therein. The User acknowledges and agrees that Swotzy also remains the sole owner of all intellectual property related to any improvements to the Portal which are made using information provided by the User and that the improved Portal may and will be used by other Swotzy clients.

9.2. By registering on the Portal and accepting these Terms of Use, Swotzy hereby grants  to the User a limited, non-exclusive, non-transferable, revocable licence to use the Platform while the User account is active.

9.3. Except as specifically provided herein, Swotzy does not grant to the User any right or licence, express or implied, to Swotzy’s works or any intellectual property objects.

10. Personal data processing

10.1. The processing of personal data necessary to provide the services available on the Portal is carried out in accordance with Swotzy's personal data processing policy and applicable laws and regulations, including the General Data Protection Regulation.

11. Complaint and Dispute Resolution

11.1. The User has the right to submit a complaint regarding the use of the Portal electronically by sending it to Swotzy's email address at info@swotzy.com.

11.2. In case of lost or damaged Shipments, Swotzy may contact the Postal Merchant on behalf of the User if requested by the User and if the user has informed Swotzy about the lost or damaged shipment within 5 calendar days after the estimated Delivery date. Swotzy will provide User support in resolving the situation within the scope of its contractual relationship with the respective Postal Merchant.

10.3. Any dispute between the User and Swotzy arising from the use of the Portal and the application of these Terms of Use shall be resolved through mutual negotiations within 30 days. If the User and Swotzy fail to resolve the dispute through mutual negotiations, the dispute will be resolved in the courts of the Republic of Latvia in accordance with the laws of the Republic of Latvia.

11. Postal Merchant Terms and Conditions

12.1. In addition to the obligations provided in these Terms of Use, the User must comply with the relevant Postal Merchant's terms and conditions regarding the content, packaging, preparation, and handing over of the Shipment to the Postal Merchant or the parcel locker. The terms and conditions of the available Postal Merchants on the Platform are published here:

12.2. By accepting these Terms of Use, the User confirms that they have acknowledged the Postal Merchant's terms and conditions and undertakes to comply with them.

13. Other Terms

13.1. Swotzy has the right to unilaterally change these Terms of Use at any time by publishing them on the Swotzy website. The User is obliged to periodically review the current version of the Terms and Conditions.