Terms of Use of the Swotzy Platform

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 points
• Delivery - the delivery of Shipments from the last sorting location to the addressee

2. General Terms and 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 (excluding VAT) is displayed to the User on the Portal before they confirm the Shipment. This estimate is calculated based on the information provided by the User at the time of confirmation. The final Shipment Delivery price may change if the actual size or weight of the Shipment differs from the details provided by the User.

3.2. Swotzy will issue a post-payment invoice for the services provided and send it to the User's registered email address on the Portal. The user must pay the invoice in full within the payment term specified on the invoice. Swotzy reserves the right to issue additional charges for previously invoiced Shipments if it is determined that the information provided by the User was inaccurate and the Package had different parameters.

3.3. If the actual details of the Shipment differ from the information provided by the User on the Portal when creating the Shipment, Swotzy will issue an invoice for the actual Delivery costs of the Shipment, as determined by the Postal Merchant's invoice.

3.4. New Users are limited to Shipment Deliveries valued up to EUR 250.00. If a User wishes to ship items exceeding this limit, they must pay a deposit invoice issued by Swotzy to extend their limit. The minimum deposit amount is EUR 250.00. Deposits are non-refundable under any circumstances and can only be applied towards future Shipment Deliveries.

3.5. Shipment collection (pick-up) ordered through the Portal is included in the price for Shipment Delivery. However, it is subject to the availability and capacity of the selected Postal Merchant.

3.6. Taxes and other applicable expenses will be included in the invoice. The User is responsible for paying all taxes and expenses related to Shipment Delivery. For Shipments delivered outside the EU/EEA, value-added tax (VAT) and import duties may apply in accordance with the recipient country's laws and regulations.

3.7. Invoices are prepared electronically and are valid without a signature. An invoice is considered received the day after it is sent from the respective Swotzy email address. All invoices are also made available to the User on the Platform.

3.8. If the User fails to make payment by the deadline specified in the post-payment invoice, Swotzy reserves the right to apply a contractual penalty of 0.5% of the overdue payment amount for each day the payment is delayed.

3.9. If the User fails to make payment within 30 days of the specified deadline in the invoice, Swotzy reserves the right to engage third-party debt collection services to recover the overdue payment. The User will be responsible for any additional costs incurred as a result of the debt collection process, including but not limited to collection fees, legal fees, and any other expenses related to the recovery of the debt. Extrajudicial costs are fixed at 15% of the principal sum, subject to a minimum of EUR 150.00.

3.10. If the estimated price for Shipment delivery exceeds 1,000 EUR, Swotzy has the right to to require a pre-payment before processing the Shipment. Invoice for such pre-payment shall be issued and paid in accordance with the terms set out in this section.This also applies if Swotzy has reasons to doubt the User’s willingness to pay and/or creditworthiness. If the User refuses to comply with Swotzy's request, Swotzy may deny processing of the Shipment and/or terminate access to the Portal, notwithstanding its rights to compensation for all loss and costs. 

3.11. The payments made by the User always serve to settle all costs and interest due, followed by the longest outstanding invoices, even if the Customer states that the payment relates to a later invoice. All payments must be made without deduction, discount or setoff.

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 Delivery 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. Nonetheless the relevant Postal Merchant has the right to check the contents of the Shipment in case of reasonable suspicion that the contents of Shipment may not comply with the terms set out in the section or relevant Postal Merchant terms and conditions.

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. Swotzy has the right to limit access to the Portal if the provided information is not complete or Swotzy has a reasonable doubt of its accuracy. Swotzy may take additional actions to authenticate the User prior to granting access to 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. 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.

7.6. 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.

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

7.8. 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 5 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.

11.3. 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.

12. 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 on the Swotzy website: https://www.swotzy.com/postal-merchant-terms-and-conditions/ .

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.