Non-USO Packets and Parcels Terms and Conditions

In these conditions the following expressions shall have the meaning hereby respectively assigned to them i.e.

(a)    ADR means the European Agreement concerning the International Carriage of Dangerous Goods by Road 2006, volumes 1 and 2 as may be amended from time to time.  (For Information see the UNECE website).

(b)    “ADR Category A” means Category A substances as defined in section 2.2.62 of volume 1 of the ADR as may be amended from time to time and defined as an Infectious Substance which is carried in a form that, when exposure to it occurs, is capable of causing permanent disability, life threatening or fatal disease to humans or animals.

(c)    “ADR Category B” means Category B substances as defined in section 2.2.62 of volume 1 of the ADR as may be amended from time to time and defined as an infectious substance which does not meet the criteria for inclusion in ADR Category A.

(d)    ADR Packing Instruction 650 means the packaging instruction applied to UN 3373 set out in section 4.1.4 of volume 2 of the ADR as may be amended from time to time, a copy of which is available for inspection on the An Post website (www.anpost.ie) and from post offices; 

(e)    Aviation Security Declaration means an An Post form which customers sending items to European Union destinations shall complete and shall be attached to all Postal Packets containing goods  (excluding Documents), which are being posted to any European Union  destination. 
    
(f)    Biological Substances, Category B means any infectious substance which is assigned to UN3373 of the ADR. (For more information visit HSA)

(g)    “Charges” means the postage, postage amount, price, tariff, fee or rate of postage charges payable by the Customer for the Services in accordance with these Terms and Conditions;  

(h)    “Clinical Wastes” means wastes derived from the medical treatment of animals or humans or from bio-research.

(i)    "Collectables" and "Antiques" shall mean items which have appreciated in value either due to their scarcity or due to their being out of production.

(j)    ”Coin” means coin and includes coin of all kinds, whether or not legal tender in the Republic of Ireland or elsewhere.

(k)    “Cultures” means the result of a process by which pathogens are amplified or propagated in order to generate high concentrations thereby increasing the risk of infection when exposure to them occurs.  This definition refers to cultures prepared for the intentional generation of pathogens and does not include cultures intended for diagnostic and clinical purposes.

(l)    "Customer" shall mean the individual or company who has contracted with An Post to deliver their shipments (whether or not a Service and Price Agreement has been executed);

(m)    “Customs Authority” - The Revenue Commissioners and, in connection with jurisdictions other than the State, an entity of such jurisdiction empowered by law to administer the customs regime for the control of imports and exports and collection of duties and levies on behalf of that jurisdiction.

(n)    “Dangerous Goods Safety Advisor” means a person holding an appropriate Certificate of Training issued by the Chartered Institute of Logistics and Transport of Ireland or an equivalent qualification issued in a Member State of the European Union.

(o)    “Data Protection Legislation” means the General Data Protection (Regulation 2016/679) and the Data Protection Directive (Directive 2016/680).

(p)    “Documents” items bearing manuscript, typed or printed text contained on (a)  paper, parchment, vellum or similar material; or (b) in electronic form, on and/or retrievable from, whether  directly or indirectly, any media storage device, including but not limited to any form of computer, USB key, CDs, DVD and/or any other device capable of storing content and/or documents;

(q)    “General Terms and Conditions” shall mean for the purposes referred to herein, An Post’s General USO Terms and Conditions for Single Piece Mail as available at an AnPost.com;

(r)    "Glass" shall mean any item made from glass such as mirrors, ornaments, trophies, crystal, picture frame glass and any other glass parts or items.

(s)    the “Guide" shall mean the current edition of “The Sending Guide” published on the An Post website, Anpost.com.

(t)    “Infectious Substances” means substances which are known or are reasonably expected to contain Pathogens, and including infectious substances affecting humans, infectious substances affecting humans and animals, infectious substances affecting animals only, Clinical Wastes and biological specimens;

(u)    “Jewellery” means:— gold, silver, or platinum or other precious metal in a manufactured state, that is to say, a state in which value is added to the raw material by skilled workmanship, and includes any items used or designed for the purposes of ornament; diamonds and precious stones; watches, the cases of which are entirely or mainly composed of gold, silver or platinum or other precious metal; and any article of a like nature which, apart from workmanship, has an intrinsic or marketable value.

(v)    “Paper Money” means: legal tender notes; notes of any bank of issue, or notes  which  are currency, in Ireland or any other country or state;  postal money  orders or Foreign currency drafts; unobliterated postage or revenue stamps, whether embossed or adhesive; exchequer bills, bank post bills, bills of exchange, promissory notes, vouchers, cheques, credit notes which entitle the holder to money or goods and all orders and authorities for the payment of money, whether negotiable or not; or bonds, coupons, and securities for money, whether negotiable  or not.

(w)    “Packet” means any package, envelope or other permitted form of packaging fulfilling the requirements for a Packet as defined in the General Terms and Conditions;

(x)    “Pathogens” means micro-organisms (including bacteria, viruses, rickettsia, parasites, fungi) and other agents such as prions, which can cause disease in humans or animals.

(y)    “Parcel” means any package, envelope or other permitted form of packaging fulfilling the requirements for a parcel as defined in the General Terms and Conditions;

(z)    “Postal Item” means any Parcel or Packet and a reference to an “Item” will be construed accordingly;


(aa)    Postage Label means a postage label created using the Return Solution(s) displaying a Postage Mark and the address of the recipient of the Item and that may indicate the address of the sender of the Item; 

(bb)    Postage Mark means a postage mark included in a Postage Label that indicates, among other things, that postage has been paid on an Item and which enables the sender of the Item to access certain postal services;

(cc)    “Return Address” means the address selected by Customer to which the Item is to be delivered by An Post as part of any Returns Solution ;

(dd)    “Return Item” means a Packet or Parcel containing item(s) to be returned by a customer of the Customer in accordance with the applicable Return Solution;

(ee)    “Return Solutions” means the An Post Click & Post return service available at https://www.anpost.com/Post-Parcels/Click-and-Post/Returns or the An Post API Solution and a reference to a “return solution” in these Terms and Conditions shall be a reference to that or other return service offered by An Post from time to time and for which An Post has agreed to provide you;

(ff)    "Services" means the services provided by An Post for the transmission by post of Postal Items via the service offerings called EXPRESS, PRIORITY PARCEL INTERNATIONAL or STANDARD as applicable and subject to such variations to or substitutions for any such services sending Packets or Parcels as may be made by An Post from time to time and reference to a “Service” shall be to any one of them;

(gg)    “Prohibited items” means all items listed in Condition 4.4; 

(hh)    “Schedule of Charges” means the schedule of postage rates for An Post domestic and international services as available at AnPost.com;

 (g)    "Works of Art" shall mean paintings, pictures, sculptures and other fine arts.

(ii)    “Service and Price Agreement” means the service and price agreement to be completed and executed by the Customer and to which these Terms and Conditions are appended;

(jj)    “UN3373” means the United Nations classification to which ADR Biological Substances  Category B are assigned pursuant to Section 2.2.62 of volume 1 of the ADR as may be amended from time to time, with the exception of Cultures or clinical wastes.

(kk)    “Universal Postal Union (UPU)” means the United Nations specialised body more fully described on the UPU website.


Any reference to a statute or to statutory provisions is a reference to a statute as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

By tendering any Packet or Parcel for any of the Services, the Customer accepts these Terms and Conditions.  

Any order for Services made by the Customer pursuant to a Service and Price Agreement will be an order for services in accordance with these Terms and Conditions.

These Terms and Conditions will apply to any Service and Price Agreement to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

(a)    Unless expressly agreed otherwise in writing, the Customer shall pay for the Services at the rates set out in the Service and Price Agreement.  

(b)    The Charges shall be as set out in the Service and Price Agreement or, if no tariff details are included, the applicable An Post Packet or Parcel charges as set out in the Schedule of Charges from time to time.  

(c)    In either case, the appropriate Charge is dependent on the Service required, the destination, the format, weight and dimensions of the Packet or Parcel.

(d)    Charges shall become due as soon as a Postal Item is presented to An Post for transmission by post.

(e)    Charges are exclusive of VAT.

(f)    Unpaid charges shall be recoverable as a simple contract debt as provided in Section 49 of the 2011 Act.

(g)    Where any service other than the Services or in addition to a Service is provided to the Customer, additional charges will apply.

(a)    At An Post’s discretion, a collection service from the Customer’s premises may be provided as part of a Parcel Service and at the rates to be notified by An Post to the Customer.

(b)     If a collection service is provided by An Post, the Customer agrees to present all Postal Items in an appropriate manner for collection and transmission by post unless otherwise agreed in writing with An Post.

 

(a)    Unless agreed otherwise with An Post, Customers shall provide with each posting a completed posting list containing details including name and address of consignee, weight of item and charges of each item being dispatched. This list should be handed over to An Post at time of delivery of the items, or at time of collection, as applicable.

(b)    Customs And Security: The Customer is responsible for ensuring that the correct and complete documentation as required by the Customs Authority and/or aviation security is securely attached to the outside of the Packet or Parcel at the time of posting and acknowledges that An Post is not responsible for this documentation and will indemnify An Post for any fines, costs or losses incurred due to submission of unacceptable goods or documentation.  

(a)    Every Item shall comply as to maximum size and dimensions for the time being prescribed for Packets or Parcels in the General Terms and Conditions.  

In addition, every Item shall comply as to weight as follows:

(b)    Where a Customer includes any Packet or Parcel that exceeds the weight and size limits agreed in the Service and Price Agreement (which will at all times be subject to Condition 4(a) above), a surcharge per Item will apply equal to: the maximum rate of postage for delivery of the Item (in accordance with Condition 2) plus €50 penalty plus an additional fee of €5.00 per kilo or part thereof.  Such Postal Items may also be subject to delayed delivery or not delivered at all if exceeding 30kg.

Every Packet or Parcel shall be adequately and appropriately packed as a protection against damage in course of transmission by post and in particular:

(a)    Every Item shall have a return address or indication of origin acceptable to An Post, clearly displayed on the outside of the packaging;

(b)    An Item which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material against the effect of such concussion, pressure and knocks to which items are ordinarily exposed in transmission, and the item shall bear the words "FRAGILE WITH CARE" written conspicuously in capital letters on the face of the cover above the address.

(c)    Any Item which is weighing 10 kg or over shall have the weight shown and shall be marked “HEAVY” or “HEAVY ITEM” conspicuously in capital letters on the face of the cover above the address.

(d)    An Item which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the item from being bent in transmission, and the item shall bear the words "DO NOT BEND" written conspicuously in capital letters on the face of the cover. 

(a)    The Customer remains solely liable for the acceptability of the contents of a Packet or Parcel for transmission by post pursuant to these Terms and Conditions and the applicable legislation.  Packets or Parcels may be subject to security inspection.  The Customer agrees that An Post or any government agency or authority may be required to open and inspect a Packet or Parcel without the prior agreement of the Customer.  

(b)    An Post has certain standard restrictions and prohibitions on items that may be included in Packets or Parcels and Customer should consult the list below prior to posting.

(c)    Standard List of Prohibited Goods for all Postal Services: 

The following are “Prohibited Items” under these Terms and Conditions:

Packets or Parcels 

(i)    Consisting of or containing any indecent or obscene print, painting, photograph,  lithograph, cinematograph film, engraving, book or card, or any other indecent or  obscene article, whether similar to the above or not; 
(ii)    or having thereon, or on the cover thereof, any words, marks, or designs of an indecent, obscene or grossly offensive character; or 
(iii)    consisting of, or containing:

and any other items that from time to time may have to be added to the foregoing list are prohibited, unless An Post has agreed in writing to carry such items subject to such conditions as determined by An Post, which may include certification by a Dangerous Goods Safety Advisor. 

International: The following items are also Prohibited Items and may not be included in any Packet or Parcel to be sent outside of Ireland or Northern Ireland: 

(i)    aerosols 
(ii)    toner and ink cartridges 
(iii)    liquids of any kind.

(d)    Prohibited Items may not be included in Packets or Parcels presented for a Postal Service provided by An Post unless An Post has expressly agreed in writing to carry such items subject to such conditions as determined by An Post.  

(e)    Prohibited Items will be refused if tendered for transmission, or, if detected in transit will be detained or treated in accordance with the various applicable statutory regulations in force at the time. 
 

(a)    By tendering a Packet or Parcel for delivery, you agree that your right to use these Services will depend on you making sure you (or your customer in the case of Return Items) that:

(i)    The content of the Packet or Parcel has been correctly described, where applicable and correct and complete documentation required by the Customs Authority is securely attached to the outside of the item at the time of submission to An Post for the Postal Service;
(ii)    The delivery address and all other information on any enclosed or attached documents or mentioned on any internet applications are correct and complete; 
(iii)    The senders address (or return address) is correct, legible and complete; 
(iv)    The parcel has been packed in a safe and appropriate way to ensure that the parcel can withstand transport and delivery in its original packaging;
(v)    Labels and barcoding: in relation to any Return Item for which a Returns Service is also provided, that each Item has a label which is approved by An Post fixed to it in a clear position; each label: 

(a) is clearly and accurately addressed to the: (i) intended recipient, in line with any An Post guides and, where relevant, including required Eircode;  

(b) must be affixed to the Item without any amendments or alterations. 



(b)    Personal Data:  The Customer undertakes that any personal data provided to An Post by the Customer for the purposes of the Services has been lawfully obtained under Data Protection Legislation and is lawfully provided to An Post; that all necessary and relevant information has been provided to the data subjects concerned and that no third party rights are infringed.  

In providing the Services, An Post will comply with the obligations imposed by Data Protection Legislation and will only use such data in accordance with its Privacy Statement. 

Further information about how Personal Data is used is set out in An Post Group Privacy Statement 

(c)    Indemnity: 

(ii)    The Customer will indemnify An Post for all damage suffered or costs incurred from any inconsistencies between information provided by Customer and the actual contents of any Packet or Parcel. 

(ii)    Customer will indemnify An Post for any costs incurred in the making safe, disposal, destruction, handling or return of any Packet or Parcel containing Prohibited Item(s) or Dangerous Item(s) and for all loss arising from damage to other items or to staff or equipment or for loss arising from delays or disruption to service and all related costs. (An Post shall not be obliged to return any such Packet or Parcel to the sender or to deliver it and all liability in respect of such a Packet or Parcel is excluded in full irrespective of any other conditions related to the Service.)

An Post shall acting as agent of the Customer deliver Packets or Parcels fulfilling the requirements of the Postal Service requested by Customer subject at all times to these Terms and Conditions and otherwise in accordance with the An Post’s General Terms and Conditions to the extent applicable and insofar as they relate to the delivery of Packets or Parcels by An Post.  Packets or Parcels subject to outbound international delivery shall be handled by An Post subject at all times to these Terms and Conditions and subject to the laws and regulations of the destination country.

Items are accepted by An Post or its agents subject to the condition that the Postal Service purchased can be provided at the time of posting.  An Post will not be liable for any costs involved in recovery, redelivery, return or loss of Packets or Parcels where it is subsequently discovered that (i) service is not available to that destination; (ii) service is unavailable for any other reason whatsoever.  For the avoidance of doubt, in the event of any conflict between these Terms and Conditions and the Guide, these Terms and Conditions will prevail.

Return Solution Services 
Subject to the following provisions, all Conditions relating to delivery of Packets or Parcels shall also apply to Return Items.

Your use of any An Post Return Solution is subject to your contract with An Post for the Return Solution.

An Post will not be liable if you or your customers do not comply with this Condition 6 relating to labelling/Return Items. Any Return Items that are not labelled in accordance with An Post requirements may not be processed by us and we may return such Items to the sender or you may be required to collect them from us at your cost. 

You must not change the Return Address for return Items without prior written agreement of An Post. 

If you do not meet any of the terms of this Condition 6 are not met, we can charge you Postage on that Return Item at the standard public tariff rate that applies to an Item of the same size, weight and class and any extra Charges for Items with unpaid or underpaid Postage. You must pay these Charges within 30 Days of receiving an invoice from us. 

Return Address Labels:  Where applicable, you must ensure that all return address labels once printed comply with the requirements and design standards set out in the An Post [●]. We will not be responsible for your costs if you need to change the design or layout of a label, or for any costs that you have to pay as a result of using labels or addresses in the wrong way (for example, the costs of re-sending mail to the correct address). 
 

(a)    The following provisions apply in respect of all Packets and Parcels (including in case of Return Items).

(b)    An Post is not a common carrier and will accept Packets or Parcels for transmission by post only on the condition that it is not a common carrier.

(c)    Except as expressly provided in Condition 7, An Post’s liability in respect of any loss or damage suffered by either the Customer or the addressee due to any failure, delay, interruption, suspension or restriction of a service hereunder, is excluded.

(d)    Indirect Losses Excluded

An Post shall not be liable in any circumstances for any consequential or indirect loss or damage, including without limitation, loss of income, profits, interest, utility or loss of market, however arising, including in respect of:

(i)    any Postal Services or any failure to perform any of its obligations;
(ii)    insufficient or improper packing or addressing;
(iii)    Any Prohibited Item(s) - see Condition 4.4;
(iv)    failure by the addressee to take delivery within a reasonable time;
(v)    delay or seizure of any item by any Customs Authority because of incorrect, insufficient, incomplete or improper documentation. 
 

(a)    Without prejudice to Condition 7, the liability of An Post for each claim or all claims of physical loss or damage arising out of the same circumstances shall be limited as follows: 

(i)    In the case of STANDARD parcels:                 Zero

(ii)    In the case of INTERNATIONAL EXPRESS Packets less than / < 2kg:     Zero

(iii)    In the case of domestic parcels EXPRESS / EXPRESS WITH SIGNATURE:     the amount of loss or damage actually sustained up to a maximum aggregate amount of €350;

(iv)    In the case of PRIORITY PARCELS INTERNATIONAL:         the amount of loss or damage actually sustained up to a maximum aggregate amount of €150;

and in each case, subject to the following:

(b)    Regardless of Service, the following items will be excluded from any compensation payable under this Condition 7:

Please note that unless agreed otherwise with Customer, any compensation payable for Jewellery will be limited as set out in Condition 7(a) above.
 

(a)     Any claim must be brought by the Customer and submitted on an official An Post claim form to the Customer Services Section, An Post, GPO, O’Connell St., Dublin 1 within 30 days of the date of posting.  Such claims must be accompanied by:

(i)         Statement of the amount claimed (in Euro).
(ii)     Copy of An Post receipt of posting.
(iii)     Copy of original purchase invoice of contents to provide evidence of cost price of contents of Packet or Parcel to the Customer (ex VAT).
(iv)     Detailed description of goods involved.
(v)     In the event of non-delivery/delay/damage etc. copy of a written statement from the consignee confirming loss or damage.

If claiming for damaged goods, the address (and telephone number of contact) of where the goods are available for inspection should be supplied together with an estimate of the cost of repair.

N.B. All damaged goods and packing must be retained for inspection. Failure to do so may adversely affect claims.

Claims not submitted in accordance with Condition 8 are excluded and no liability shall be accepted under any circumstances in respect of such claims.

An Post shall have a lien on any items posted for all charges, Customs duties, VAT or other charges of any kind arising out of transportation hereunder and is entitled to dispose of such items in any manner should the charges requested remain unpaid after 60 days after posting.

(a)     An Post shall, in any case where payment of Charges has not been made in advance of posting, render to the Customer an invoice showing the Charges due in respect of the Postal Services (and any other services if applicable) provided during the said period and the Customer shall pay to An Post the full amount shown on the said invoice within 30 days of the date thereof.

(a)    A claim or counter claim made under any part of this service shall not be made the reason for deferring or withholding payment of monies payable or liabilities incurred to An Post.

(b)    All amounts outstanding greater than 30 days from the date of invoice shall be subject to an interest charge of 1.5% per month for each month for which the amount remains unpaid.

If proof of delivery (POD – track and trace) forms part of the Postal Service, the relevant information is available on the An Post web site for 12 months from date of effective delivery.

Save as set out herein, these Terms and Conditions will apply without reservation or amendment.  The Customer’s terms and conditions will not apply in any event.  In the event of any conflict between these Terms and Conditions and any terms provided for in any brochure or otherwise in relation to a Postal Service or any service ancillary to any Postal Service, these Terms and Conditions will take precedence.

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Ireland.  Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or the Service and Price Agreement or its subject matter or formation.