Postal terms

The Operator is RECIPE přeprava zdravotnického materiálu s.r.o., Company ID 28267257, with its registered office at Růžová 712/8, Přímětice, 669 04 Znojmo, Czech Republic (the “Operator”).

The Sender is a natural person acting in the course of business or a legal entity, in particular a healthcare provider, who hands an Item over to the Operator for delivery (the “Sender”).

The Addressee is the person named by the Sender as the person to whom the Item is to be delivered. The Recipient is the person to whom the Item is actually delivered.

A postal contract is a contract for the provision of a specific postal service. A postal contract is concluded when the Operator accepts a properly prepared and addressed Item in accordance with these terms, or in another manner agreed with the Sender.

An Item means a standard item or a standard parcel in the final form in which it is to be delivered, bearing an address or other unambiguous identification of the destination.

Medical Material means in particular: (i) biological samples and other diagnostic materials, including blood, serum, plasma, urine, stool and human tissue, which under the applicable classification are carried as exempt human specimens or as Category B biological substances (UN 3373); (ii) material intended for sterilisation and other used medical devices, excluding waste of any kind; and (iii) other medical devices and materials which may lawfully be carried without special authorisation. Medical Material may be accepted only if the Sender hands it over as a properly classified, closed, packaged, marked and duly documented Item and the other requirements of these terms are met.

A Special Handling Item means a standard parcel containing Medical Material or other contents which, owing to their nature, require a special method of packaging, marking, documentation, handling, storage, temperature control or delivery.

An Order means a prior individual order for a specific postal service sent by the Sender to the Operator at the email address given in Art. 3.1 (the “Order”).

A Framework Agreement means an agreement between the Operator and the Sender governing the repeated provision of postal services and, where applicable, other services. Within the limits of the law and these terms, a Framework Agreement may set out different or additional terms, in particular the price, method of payment, and method of ordering and posting Items.

The Operator provides domestic postal services, namely the delivery of standard items and the delivery of standard parcels. These postal terms govern the provision of postal services exclusively to Senders who are businesses (natural persons acting in the course of business and legal entities) and who conclude the postal contract in connection with their business or other professional activity. The Operator does not provide postal services to consumers under these postal terms.

A standard item is in particular a sealed envelope (letter), folder or other small addressed item containing documents or other ordinary small articles. Unless agreed otherwise, its posting is not individually receipted and its delivery is not individually confirmed.

A standard parcel is an addressed item intended for sending ordinary goods or Medical Material, provided it meets the relevant requirements of these postal terms. Unless agreed otherwise, neither its posting nor its delivery is individually confirmed.

Postal acceptance and delivery are provided only within the territory of the Czech Republic. As standard, an Item may be posted only at the Acceptance Point under Art. 3.1. Collection of an Item by the Operator at any other place may be agreed only by an individual written contract under Art. 14.2.

The Operator does not provide registered, insured or express items, items with advice of delivery, postal orders or official document delivery services. The Operator does not hold undelivered items for later collection at its premises.

The Operator may provide postal services on their own or as part of a broader contractual relationship that includes logistics or transport services. The actual content of the specific service is decisive. Where Medical Material or other goods are accepted as an Item for delivery to the Addressee, these postal terms apply to that service if the service meets the definition of a postal service within the meaning of the Postal Services Act or of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended.

Where the CMR Convention, or statutory provisions extending its (partial) application to domestic road freight transport, applies to a specific service, the Sender must, before handing over the Item, ensure that a properly completed CMR consignment note is issued containing complete and correct particulars in accordance with the CMR Convention (see in particular its Articles 6 and 7). The Operator may add to the consignment note particulars concerning the Operator and reservations as to the apparent condition, number, packaging or marking of the Item, as well as any other particulars under the CMR Convention.

The Operator does not operate permanently publicly accessible premises. The Operator’s only standard acceptance point (the “Acceptance Point”) is at the address of the mail room published on the Operator’s website. An Item may be posted at the Acceptance Point only on the basis of a prior Order sent to info@recipelogistics.eu.

An Order must contain at least the identification of the Sender, the type of Item, the place of delivery and the requested posting date, at least five (5) working days in advance; for a Special Handling Item, also the information under Art. 5.2. The Operator will inform the Sender of the time at which the Item can be handed over at the Acceptance Point.

The postal contract is concluded at the moment when an authorised person of the Operator accepts from the Sender, at the Acceptance Point, an Item that complies with these terms.

The Sender must hand over the Item at the time notified by the Operator under Art. 3.2. The Sender is responsible for the accuracy and completeness of the information it provides on the Item and in the Order.

The Operator may refuse to accept an Item that does not comply with these terms, in particular if it is handed over without a prior Order, outside the Acceptance Point or outside the notified time or opening hours, is clearly unsuitably packed, is not properly marked or accompanied by the required documentation, exceeds the specified dimensions or weight, or if there is reasonable suspicion of prohibited contents. The Operator may also refuse to accept an Item if, having regard to its contents, the Operator does not hold the authorisation required for the requested carriage.

The Operator may require the Sender to demonstrate that the Item and its preparation comply with these terms; the Operator is, however, not obliged to check the contents of the Item or whether it has been correctly prepared.

The maximum dimensions and weight are:

1. a)
   standard item:

   1. i.
      weight: up to 2 kg
   2. ii.
      dimensions: longest side max. 60 cm and the sum of all three dimensions max. 90 cm
2. b)
   standard parcel:

   1. i.
      weight: up to 10 kg
   2. ii.
      dimensions: longest side max. 100 cm and the sum of all three dimensions max. 200 cm

Each Item must be legibly and unambiguously marked with at least the name of the Addressee and the address of the destination. Instead of a full address, an unambiguous code or other designation of the served location may be used if its meaning is known to the Operator in advance or has been agreed with the Operator.

The Item must be handed over in closed packaging that is sufficiently strong and appropriate to the nature of the contents and which, throughout normal posting, handling, sorting, carriage and delivery, prevents loss of, damage to or reduction of the contents, leakage of liquids, contamination and any danger to persons, vehicles or other items. The Item must not contain prohibited contents (see Art. 5.8).

The Sender is liable for any damage caused by a breach of its obligations under this Article, in particular by unsuitable packaging, incorrect marking or failure to declare the special nature of the contents.

Contents requiring special handling include in particular Medical Material, any sharp objects, goods requiring temperature control and other goods that pose a risk of injury, contamination, leakage of liquid, spoilage of the contents or damage to other items. Such contents may be posted only as a Special Handling Item, in compliance with these postal terms and after their nature has been notified to the Operator in advance.

When ordering the service, the Sender must state the nature and classification of the Item, its quantity, whether its carriage requires temperature control (Art. 5.7), and any other information needed to assess the conditions of its carriage.

The Sender is responsible for the correct classification of a Special Handling Item and for ensuring that holding, handing over and delivering it in the form in which it is posted is permitted by law without any special authorisation (other than the general authorisation to carry out road transport or, as the case may be, to provide postal services). Before handing it over to the Operator, the Sender must provide all information and accompanying documents required for the carriage under the applicable legislation, where required. The Operator is not obliged to verify the nature or contents of closed packaging and is entitled to rely on the classification and information provided by the Sender. The Sender shall compensate the Operator in full for any damage caused to the Operator as a result of incorrect classification of the Item and/or of posting the Item in breach of these postal terms, including any fines or other public-law penalties imposed on the Operator in that connection.

Biological samples and other diagnostic materials may be posted only if they are handed over in safe, leak-proof and legally compliant packaging, properly closed, marked and accompanied by the required documentation. In the case of a Category B biological substance classified as UN 3373, the Sender must ensure compliance with the requirements of the ADR Agreement, in particular packing instruction P650, including the requirements for the primary receptacle, secondary packaging, outer packaging, absorbent material, protection against leakage and breakage, the UN 3373 mark and, where applicable, orientation arrows.

Material intended for sterilisation and other used medical devices must be placed in rigid, properly closed, leak-proof and puncture-resistant packaging. The packaging must be marked as required by the applicable legislation and, depending on the nature of the contents, also with a clearly visible label reading “MATERIÁL KE STERILIZACI” (material for sterilisation) or “POUŽITÝ ZDRAVOTNICKÝ PROSTŘEDEK” (used medical device).

Sharp objects or parts of objects must be secured within the Item against movement, damage to the packaging and injury to persons handling it.

Unless the parties agree otherwise when concluding the postal contract, temperature control means keeping the air temperature in the part of the vehicle where the Item is stored within the range of +2 °C to +25 °C. This does not include maintaining the temperature inside closed packaging, nor active cooling or heating of the contents of the Item, unless expressly agreed in writing. The Sender is responsible for handing over the Item at an appropriate initial temperature and for the suitability of the packaging.

The Operator may refuse a Special Handling Item in particular if the packaging is visibly damaged, leaking, unsuitable or incorrectly marked, if required documents are missing, or if the Operator has reasonable doubts about the correctness of the classification, the safety of the Item or its compliance with the law or these terms.

Prohibited contents include in particular:

1. a)
   Category A biological substances, in particular UN 2814 or UN 2900, and other biological or infectious materials that do not meet the conditions for acceptance as a Special Handling Item;
2. b)
   waste of any kind, in particular infectious, clinical or healthcare waste;
3. c)
   medicinal products for which the conditions for their lawful dispensing are not met (e.g. mail-order dispensing of prescription medicines), narcotic and psychotropic substances and drug precursors;
4. d)
   dangerous goods within the meaning of Act No. 111/1994 Coll., on Road Transport, and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), in particular explosives, flammable, corrosive, toxic and radioactive substances, compressed gases and the like, except for Medical Material permitted by these terms;
5. e)
   cash, stamps and vouchers, precious metals, jewellery, means of payment, negotiable securities and other valuables;
6. f)
   live animals and perishable goods; goods requiring temperature control are permitted only under the conditions set out above for Special Handling Items;
7. g)
   weapons, ammunition and goods whose possession, carriage or delivery is prohibited or restricted by law;
8. h)
   goods whose carriage, owing to their nature, contents, condition or packaging, may endanger the life or health of persons, cause damage to property or endanger the safety of carriage;
9. i)
   goods whose nature requiring special handling was not declared by the Sender.

If the Operator finds before acceptance that an Item contains prohibited contents or is not prepared as required, it will refuse to accept it.

The Operator may exceptionally accept contents otherwise excluded under this Article only on the basis of a prior express written agreement (see Art. 14.2), provided that such carriage is permitted by law and the agreement fully regulates in particular the classification, packaging, marking, documentation, required authorisations, safety and technical regime, and the method of handling and delivery. There is no legal entitlement to the conclusion of such an agreement.

After acceptance at the Acceptance Point, Items may be moved to the Operator’s operating base, sorted by destination and then delivered, or they may be carried directly from the Acceptance Point to the place of delivery without sorting or transhipment. The Operator determines the method of carriage according to the nature of the Item, operating conditions and any individual written agreement with the Sender.

Unless a specific delivery time is agreed in an individual written contract, the delivery time is neither fixed nor guaranteed. The Operator will normally deliver the Item without undue delay, taking into account the nature of the Item, the required route and the Operator’s operating capacity. The delivery time is extended by the duration of adverse circumstances on the part of the Sender or the Addressee, force majeure, impassable roads, extraordinary operational incidents, compliance with a statutory obligation, or any other circumstance that the Operator could not reasonably influence. For the avoidance of doubt, the time referred to in the preceding sentence is not a guaranteed delivery time.

Items are not insured for a declared value, and the Operator does not accept declarations of the price or special value of the contents.

Unless stated otherwise below, an Item may be delivered to any person present at the Addressee’s premises, in particular to reception or mail-room staff, or by placing it in a house, post or other pre-designated mailbox, or by leaving it at a pre-agreed safe drop-off point. A Special Handling Item, however, may not be placed in a mailbox or left without being personally received, unless the Sender has expressly specified otherwise in writing in the specific case.

A standard item is deemed delivered when it is handed to a person at the Addressee’s premises or placed or left at a suitable place (e.g. a mailbox or reception). No individual confirmation of delivery is issued.

A standard parcel is deemed delivered when it is handed to a person at the Addressee’s premises. No individual confirmation of delivery is issued.

The Operator is not obliged to verify whether a person present at reception, in the mail room or elsewhere at the Addressee’s premises is authorised to accept the Item.

The risk of damage to the Item passes to the Addressee upon delivery. Where the Item is delivered by placing it in a mailbox or leaving it at an agreed place, the Sender and the Addressee bear the risks arising from the choice of that method of delivery.

An Item cannot be delivered in particular if the Addressee’s destination is inaccessible, the Addressee is not known at the given address, the marking of the Item is incomplete or unintelligible, or the recipient refuses to accept it.

Unless agreed otherwise in writing, the Operator makes only one delivery attempt. If the Item is not delivered, the Operator will return it to the Sender at the Acceptance Point on a date notified to the Sender at least five (5) working days in advance.

The Operator does not hold Items for later collection by the recipient.

If an Item can be neither delivered nor returned (e.g. the Sender does not collect it on the notified date or cannot be contacted), the Operator will proceed in accordance with the Postal Services Act and these terms (see Art. 11).

The price for delivering one standard item is:

1. a)
   within the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 25 excl. VAT per kilometre, but always at least CZK 150;
2. b)
   outside the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 35 excl. VAT per kilometre.

The price for delivering one standard parcel is:

1. a)
   within the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 30 excl. VAT per kilometre, but always at least CZK 180;
2. b)
   outside the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 40 excl. VAT per kilometre.

The price for delivering one standard parcel as a Special Handling Item is:

1. a)
   within the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 35 excl. VAT per kilometre, but always at least CZK 200;
2. b)
   outside the Znojmo district: the total road distance in kilometres from the Acceptance Point to the place of delivery via the fastest route on public roads, multiplied by a rate of CZK 45 excl. VAT per kilometre.

Unless agreed otherwise in writing, the price is payable in cash when the Item is posted. VAT at the statutory rate will be added to the price, unless the reverse-charge regime applies in accordance with the law.

If the Operator breaches its obligations and, as a result, the postal service is not provided (e.g. an item or parcel is lost), the Sender is entitled to a refund of the price paid for the service concerned. If the price was agreed as a lump sum, a proportionate part is refunded, but never more than the amount that would otherwise be attributable to the service concerned under these terms. For the avoidance of doubt, the price is not refunded if the service was not provided for reasons on the part of the Sender or the Recipient or as a result of the Operator complying with a statutory obligation.

The Operator may open an Item only in the cases and under the conditions laid down in Section 8 of the Postal Services Act, in particular if it can be neither delivered nor returned, if there is reasonable suspicion of dangerous or prohibited contents, if the Item is damaged, if there is reasonable concern that damage has occurred or could occur before delivery, or if opening is necessary for compliance with obligations imposed on the Operator by special legislation.

The contents may be inspected only to the extent necessary, while protecting facts protected under special legislation as well as the secrecy of post and correspondence. The Item is opened by an authorised person of the Operator, and the Operator keeps a record of the opening.

The Operator informs the Addressee of the opening upon delivery or, where applicable, the Sender upon return. After opening, the Operator will reseal and mark the Item as appropriate, if its condition and the purpose of the opening allow.

If an Item can be neither delivered nor returned, or if its contents are at risk of spoiling, the Operator may proceed in accordance with Sections 9 and 10 of the Postal Services Act, including by selling or destroying the Item or part of it. If an Item can be neither delivered nor returned, the Operator may, at its discretion, sell or destroy the Item after ten (10) working days have elapsed from the unsuccessful attempt to return it (Art. 8.2). If there is reasonable concern that the contents of the postal item will spoil before delivery, the Operator may sell the Item after three (3) working days from the day on which it notified the Sender of that fact, provided it has not received any other instruction from the Sender within that period.

The Operator will pay the proceeds of the sale, less expenses reasonably incurred, to the Sender if the Sender claims them within the statutory period (Section 11 of the Postal Services Act).

Documents, medical records and other media containing confidential information will be destroyed in a manner that makes it impossible to reconstruct their contents. The Operator keeps a record of any sale or destruction.

The Operator is liable for damage occurring between the posting and the delivery or return of an Item to the extent set out in this Article, unless the law provides otherwise. Compensation may be claimed only in money, unless the Operator remedies the damage by restoring the original condition.

Where the CMR Convention, or statutory provisions extending its (partial) application to domestic road freight transport, applies to a specific service, the Operator’s liability for loss, damage or delay is governed primarily by the CMR Convention to the extent applicable. In that case, the limitations of liability set out in this Article apply only to the extent that they do not conflict with those provisions.

For a standard item, the Operator is liable for damage caused by its loss, damage or reduction of its contents up to a maximum of CZK 50 per standard item. This does not affect the Operator’s liability for intentional conduct.

For a standard parcel, the Operator is liable for actual damage caused by its loss, damage or reduction of its contents up to a maximum of CZK 100 per standard parcel. This does not affect the Operator’s liability for intentional conduct.

The limits under Articles 12.3 and 12.4 constitute a limitation of the amount of compensation under Section 13(1) and the second sentence of Section 13(4) of the Postal Services Act.

The Operator is not liable for damage caused in particular by the inherent nature or an internal defect of the contents, incorrect classification, defective or inadequate packaging, incorrect marking or documentation, the initial temperature of the Item, the unsuitability of a temperature-control or other technical system provided by the Sender for the Item, the conduct of the Sender or the Recipient, delivery to a mailbox or an agreed place, force majeure, or compliance with a statutory obligation.

The Operator is not liable for indirect or consequential damage, loss of profit, loss of opportunity, harm resulting from delay in the provision of healthcare, or the consequences of disclosure or loss of information contained in the Item, unless the exclusion or limitation of such liability is not permitted by a mandatory legal provision. In that case, the Operator is liable only to the extent laid down by that mandatory provision.

The Sender or the Addressee may file a complaint about a defectively provided postal service due to non-delivery, damage or reduction of the contents of an Item, in writing to the Operator’s registered office or electronically to info@recipelogistics.eu.

A complaint must contain the identification of the complainant including contact details, a description of the Item and the service, the date and place of posting, the Addressee’s location, a description of the defect, the requested remedy and the available evidence, in particular photographs of the packaging and contents, documents supporting the amount of the claimed damage and, in the case of a lost item, also a sworn statement by the Addressee that the Item was not delivered.

A complaint must be filed without undue delay after the defect in the postal service is discovered, but no later than one year from the date of posting. Visible damage to or reduction of the contents of an Item should be reported upon delivery where possible; otherwise without undue delay after the Sender or the Addressee could have discovered it by exercising due care.

The Operator will handle the complaint without undue delay, but no later than two months from the date on which it was filed. The Operator will notify the complainant of the outcome in writing or electronically.

If the Operator rejects the complaint or does not handle it within the time limit, the Sender or the Addressee may file with the Czech Telecommunication Office a petition to open proceedings on an objection to the handling of the complaint, without undue delay but no later than 1 month from the date on which the decision on the complaint was delivered or the time limit for handling it expired; otherwise the right to file an objection lapses. The petition is subject to an administrative fee.

The parties to a postal contract may not by agreement deviate from the provisions of these postal terms governing:

1. a)
   the prohibition of contents whose carriage, possession or delivery is prohibited by law;
2. b)
   the Operator’s procedure when opening, selling or destroying an Item, to the extent that it is mandatorily laid down by law;
3. c)
   other rights and obligations arising from mandatory provisions of the Postal Services Act, in particular the right of the Sender or the Addressee to file a complaint and to lodge an objection to its handling with the Czech Telecommunication Office, the rules for opening Items and the rules for the sale and destruction of Items (except for the period after which the sale or destruction may take place).

In accordance with Section 4(3) of the Postal Services Act, the Operator points out that different or additional arrangements, including a different price, method of payment, method and place of posting, delivery or recording of Items, a special technical or temperature regime, or the acceptance of contents otherwise excluded by these terms, may be agreed only by an individual written contract (usually a Framework Agreement). The Operator is entitled, but not obliged, to conclude such a contract. Different arrangements may not change the nature of the postal service provided or the provisions listed in Article 14.1.

Where the CMR Convention, or statutory provisions extending its (partial) application to domestic road freight transport, applies to a specific service, its mandatory provisions take precedence over any conflicting provisions of these postal terms.

The parties to a postal contract will first try to resolve disputes concerning obligations under the postal contract by agreement and through the complaints procedure under these terms.

Under the conditions of the Postal Services Act, the Czech Telecommunication Office, Sokolovská 58/219, 190 00 Prague 9, has jurisdiction to decide on objections to the handling of complaints (Art. 13.5). The details of proceedings before the Czech Telecommunication Office are governed by Section 6a of the Postal Services Act.

Other disputes are decided by the courts of the Czech Republic having subject-matter and territorial jurisdiction. Disputes arising out of or in connection with a postal contract will be decided by the courts of the Czech Republic such that, at first instance, where a district court has subject-matter jurisdiction, the District Court in Znojmo will have territorial jurisdiction, and where a regional court has subject-matter jurisdiction at first instance, the Regional Court in Brno will have territorial jurisdiction.

These terms are made available by remote access at www.recipelogistics.eu. The Operator will publish any amendments to the postal terms in the same manner at least 30 days before they take effect.

These terms and any postal contract concluded are governed by the laws of the Czech Republic, excluding its conflict-of-laws rules.

Rights and obligations under an individual postal contract that arose before an amendment to these terms took effect are assessed according to the version in force at the time the postal contract was concluded. Where the Sender and the Operator have concluded a Framework Agreement, the Operator is entitled, within the meaning of Section 1752(1) of Act No. 89/2012 Coll., the Civil Code, as amended, to amend these postal terms unilaterally in relation to that Framework Agreement, in any part, except for the scope of the Operator’s liability for damage. This does not affect any different provisions of the Framework Agreement, which take precedence over these postal terms.

These postal terms take effect on the date stated in the header.