general terms and conditions of sale
smi.postalstockexchange.com
smi.postalstockexchange.com is a website of SwissMail international AG, granting its users with access to the following services:
The ensuing general terms and conditions of sale (hereby “GTC”) covers
The entirety of relationships between SwissMail international AG and Users relative to the use of the website and services to which they have subscribed to on the website.
The User acknowledges, prior to any registration or transaction, to have read and understood the present GTC; the fact that the User checks the box provided for this purpose implies acceptance of these GTC altogether. In particular, the conditions of sales or other clauses, and User terms shall not be demurrable to SwissMail international AG, which the User agrees to and acknowledges.
SwissMail international AG reserves the right to adapt or modify the present GTC at any time by uploading online an updated version of the GTC on the website. Only the GTC present online at the moment of acceptance of an order will be applicable for the order in question.
I. Registration and use of service
Registration to services offered is free of charge and is reserved solely to Corporate Users.
Registration is carried out through a web page whereby the user will be requested to provide information that will allow for User Identification, such as Business Name, a contact address for the company, etc… as well as information relevant to invoice charging.
This process will be made simpler if the User is already a client of SwissMail international AG.
The User declares and warrants that all information provided on the Smi.smi.postalstockexchange.com website are accurate, complete and that they will be duly and accordingly updated.
The User is solely responsible for the information provided, as well as for the content of files that he sends via the website.
Once registration is complete, a username and a password will be sent by @mail to the User so that he may sign in and gain access to the different services available.
The User agrees to protect the secret and confidential nature of his username and password.
Essentially, the User undertakes to guarantee SwissMail international AG against any action that may be withheld against the latter pertaining to the use of the website or services by the User or under his influence.
Use of the website is subject to an internet access, the charges of which shall be borne by the user. The User recognises that the service performances depend largely on the characteristic features of the device used and the type of connection technology chosen.
SwissMail international AG cannot guarantee that the User will have a permanent, secured and confidential access to the service offered (for example: technical issues, failure in internet connection…).
II. SERVICES PROVIDED BY THE WEBSITE
A/ Services pertaining to mailshots/direct mailing
Use of the website
This optimisation process is carried out based upon the postal contracts held by SWISSMAIL INTERNATIONAL AG. It ensures that the User is presented with tariffs that best suit his shipment profile. The optimised result includes transportation from the collection venue to the retained postal service providers. The User may opt for us to print his postage prepaid documents at an additional charge stated in the offer.
This action will engender the following outcomes:
1 – Notification to the User by e-mail:
2 – The prompting of the following internal operations:
The User will thereafter be able to access, at any time, the complete history of his previous shipments by logging in with his username and password.
FREIGHT, DELIVERY AND Regulations
The User enters into agreement with Smi.smi.postalstockexchange.com regarding the following:
SWISSMAIL INTERNATIONAL AG is charged with the collection and routing of goods to be shipped to the retained postal service providers.
SWISSMAIL INTERNATIONAL AG is charged with delivering the mail items to the appropriate postal services and is responsible for the establishment of all necessary documents for postal procedures.
The User must however abide by the regulations regarding the accurate entry of information related to the shipment (addresses, weight and size of the product), packaging requirements, but also the compliance of goods being shipped.
The list of prohibited materials is featured in appendix 1 below, correspondingly entitled UPU Convention APPENDIX 1 article 18.
In case of non-compliance of the mail items (content, packaging, screening, labelling), SWISSMAIL INTERNATIONAL AG may, in particular in light of its specific general terms and conditions, be led to:
3 – Rates
The carrier and postal service provider are compensated by SWISSMAIL INTERNATIONAL AG based on an agreed negotiated rate.
SWISSMAIL INTERNATIONAL AG is paid by the User based on this tariff, in addition to a profit margin defined by SWISSMAIL INTERNATIONAL AG itself.
Rates for the services offered by Smi.smi.postalstockexchange.com are elaborately listed on the website:
Taking into account that SwissMail international AG has the right to adjust its tariffs at any given time, the applicable rates are those in effect at the time that the User placed his order.
d) Terms and modes of payment
d.1 Advance payment / deposit
The User may choose to settle payment by means of an Advance Payment credited by the User in accordance with the terms laid down under article III. In order to proceed with the Advance Payment, the User must contact smi.postalstockexchange.com.
The Advance Payment serves to settle payments on an as-required and purchase order basis by cash transfer order:
The credit on this Advance Payment has a validity period of 12 months as from the date of purchase of the order. If the User chooses to reiterate another Advance Payment by the end of 12 months, the remaining amount over the preceding year will be carried forward to his new credit balance. Should the User fail to spend the credit within 12 months of purchase of the order, the Advance Payment credited shall be kept by SwissMail international AG.
d.2 Payment by bank card
The User may choose to settle payment by bank card (VISA or MasterCard) when confirming the order.
This payment method is processed via a secured website.
d.3 Payment by bank transfer
The User may choose to settle payment by bank transfer to the account designated by smi.postalstockexchange.com.
In this case, fees inherent to the transfer are entirely at the charge of the User (including any fees that may be charged by the bank with whom SWISSMAIL INTERNATIONAL AG is registered).
d.4 Payment via PayPal
SWISSMAIL INTERNATIONAL AG owns an authorised PayPal account. The User may choose to settle his payment by fulfilling the terms and conditions of paypal.com.
B/ Opting for our services to print the postage prepaid documents
a) Use of the website
The User may check the option to have his postage prepaid documents printed by SwissMail international AG.
In this case, Smi.smi.postalstockexchange.com undertakes the printing of postage prepaid documents at the expense of the User and for all the destinations that mail items comprise of. For this option, the mode of operation is specified on the technical information sheet sent out at the time of confirmation of the order.
This service involves an ink-jet printing on a blank envelope.
Should there be a postage prepaid already present on the envelope (not printed by our means and non-compliant), Smi.smi.postalstockexchange.com shall inform the User regarding the additional cost of relabelling.
b) Cost of postage prepaid printing
The tariff for “postage prepaid printing” is clearly indicated on the invoice and the order.
It is payable at the time of order confirmation, along with other services being opted for.
III. COMPLAINTS
In respect of any claim regarding the services offered by smi.postalstockexchange.com, the User is required to:
The filing of a complaint shall result in an acknowledgement of receipt, for the purpose of indicating the date that the complaint had been made.
SWISSMAIL INTERNATIONAL AG is committed to respond to the complaint:
within 21 calendar days for domestic shipment
within 40 calendar days for international shipment
After notifying the claimant, SWISSMAIL INTERNATIONAL AG may, where it is deemed necessary, carry out an in-depth investigation of the matter. The aforementioned processing deadlines shall then be suspended.
V. PROOF OF ORDER
The User acknowledges that the order is irrevocably validated as of the “acceptance click” under the present provisions of the GTC.
The “click” associated with the payment process constitutes a firm commitment between the parties involved and satisfies the same legal requirements as a handwritten signature.
With regards to postal service providers, the data submitted by the User via the website, and which are stored by the operating system of SWISSMAIL INTERNATIONAL AG or postal service providers have evidential value as to orders placed by the User. They are binding upon the parties under the same conditions and with the same legal status as any document prepared, received or recorded in writing.
VI. RESPONSIBILITIES
In spite of all measures enforced by SwissMail international AG, the latter cannot guarantee that the website will be free from irregularities or errors, nor that these may be fixed or that the website will operate without interruption. SwissMail international AG reserves the right to modify, suspend or delay the service, notably for maintenance purposes, without being held liable in any way.
SwissMail international AG shall not be held liable for any malfunctions attributed to third-party software programs.
SwissMail international AG shall not be held liable for damages resulting from use of the website by the User or for his inability to access the website.
The shipment offers suggested by the website are based on information provided by approved postal service providers.
SwissMail international AG gives no guarantee for the comprehensiveness or content of these offers, which are under the full responsibility of the postal service providers.
SWISSMAIL INTERNATIONAL AG does not guarantee that the website Smi.smi.postalstockexchange.com displays the entirety of offers available on the market.
SwissMail international AG cannot be held liable, as part of this general obligation of means, for up to the aggregate amount payable (net of taxes) for the service in question, in any case capped to a maximum sum of 10000 € (ten thousand euros), except in case of gross negligence proven by the User.
In any case, and within these limits, SwissMail international AG can only be held to compensate for damages within the scope of its contract, in other words limited to amount charged for the order.
The User cannot, under any circumstances, claim compensation for collateral damage such as operating loss, loss of opportunity, commercial detriment, etc., without this list being exhaustive.
In addition, SwissMail international AG cannot be held liable with regards to damages resulting from the loss of data downloaded by the User via the service.
The duties of SWISSMAIL INTERNATIONAL AG with respect to international shipments, concerning imports as well as exports, are regulated in accordance to the provisions enforced by the Universal Postal Union.
Under these regulations, SWISSMAIL INTERNATIONAL AG is exempt from any responsibility in case of loss, damage, spoliation or delay in standard or priority shipments.
SWISSMAIL INTERNATIONAL AG is committed to only work with postal service providers approved by the following national agencies / international bodies:
ARCEP OPTA
IBPT
OFCOM
CNMC
UPU
VII. TERMINATION - SUSPENSION OF SERVICE
In the event of non-compliance of the present GTC by the User, SwissMail international AG will send a letter of formal notice to remedy this infringement. Should the formal demand remain ineffective following a period of five (5) days, or in case of a new breach, SwissMail international AG will have the right to, without any legal formality and with immediate effect, deactivate the User’s account and/or terminate the contract, without any prejudice of possible damages and interests to which it may be entitled to due to the infringement.
Notwithstanding the above, any fraudulent use of the service, of usernames and passwords, as well as any use that could possibly lead to a civil or criminal liability, will entitle SwissMail international AG to the right to suspend the User’s account and terminate the contract, without any prior formal notice and without prejudicing the right to compensation that SwissMail international AG may be entitled to.
Any termination of contract resulting from the User’s actions, as the case may be, will bring about the irrevocable loss of the entirety of his Advance Payment.
VIII. INTELLECTUAL PROPERTY
The service, and more generally any information and feature found on the website are protected by intellectual property rights.
Any representation or reproduction, be it in whole or partial, as well as any translation, adaptation, alteration or any other use of the website made without the consent of SWISSMAIL INTERNATIONAL AG is prohibited.
The User shall not use, for commercial or financial purposes, the whole or any part of the website or the service provided.
IX. TRANSFER – ASSIGNMENT
SwissMail international AG may assign or transfer, wholly or partly, the rights and/or obligations subject to the contract to any company or person that it shall designate, whilst SwissMail international AG bears the responsibility towards the User for the proper execution of the contract.
X. ADVERTISING
The User expressly authorises SwissMail international AG to quote or to incorporate, in any form of communication and through any medium whatsoever, the name and/or brand of the User as a commercial reference.
Except if the User formally prohibits, in writing, the use of the aforementioned elements.
XI. MISCELLANEOUS
If one or more clauses of these GTC are regarded as invalid or declared as such by the enforcement of a law, regulation or following a definitive decision by a court of law with appropriate jurisdiction, the other stipulations maintain their validity and their scope.
The failure to exercise the rights stipulated in these present GTC by SwissMail international AG shall not constitute a waiver on its behalf to enforce these rights at any time and shall not undermine the validity of the whole, or part of these rights.
XII. ATTRIBUTION OF JURISDICTION
Failing amicable agreement, any eventual disputes between SwissMail international AG and the User will be subject to the law of Luxembourg and shall be subject to the exclusive jurisdiction of the Commercial Court of Luxembourg, whether it is a matter of provisional orders, incidental claims, multiple defenders or the introduction of third-parties.
XIII. HANDLING OF PERSONAL DATA
The Company and personal information: SwissMail international AG is committed to lawful, fair and transparent processing of all personal information about our employees, customers, suppliers and other third parties during the course of our business activities. We will always comply with any applicable data protection legislation and we will ensure that collection and use of personal information is carried out in accordance with applicable data protection laws. The main law governing data protection is the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) known as the “GDPR”.
What this policy is: This policy (and any other documents referred to in it, together with any privacy notice displayed on our website) sets out the basis on which we will process any personal information about you or individuals generally - whether it’s information we collect from those individuals or that is provided to us from other sources. This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer or store personal information.
Registration: While the Data Protection Act 1998 requires us to be registered with the Information Commissioner’s Office, we will remain registered. We will also comply with any successor notification requirements. Please note that, as explained below, we may only be processing your personal data on behalf of another party, such as one of our clients, who will be the data controller in respect of that information.
Controlling and processing information: We are the controller of all personal information used in our business for our own commercial purposes. Sometimes though, we will process personal information on behalf of another data controller – and when this is the case, we will do so only in accordance with the instructions of that data controller and otherwise in accordance with the GDPR. If we are processing on behalf of another data controller, that data controller will provide relevant information to you about how your data is being shared.
Why you should read this policy: It is important that you read this policy, together with any other documents referred to in it, so that you are aware of how any personal information relating to you will be dealt with by us.
We are accountable for demonstrating compliance with the GDPR’s six principles of processing personal information. These provide that personal information we deal with must be:
(a) processed fairly, lawfully and in a transparent manner;
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary;
(d) accurate and, where necessary, kept up to date;
(e) not kept for longer than necessary; and
(f) processed securely, maintaining integrity and confidentiality.
SOME BASIC DEFINITIONS WE USE IN THIS POLICY
Personal information: In this policy, when we use the term “personal information” we mean any information relating to an identified or identifiable human being. (An “identifiable natural person” is one who can be identified, directly or indirectly, for example, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, biometric, mental, economic, cultural or social identity of that person).
Sensitive personal information: In this policy, when we use the term “sensitive personal information” we mean special categories of information which are personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying someone, data concerning health or data concerning someone’s sex life or sexual orientation.
THE KIND OF PERSONAL INFORMATION WE HOLD ABOUT YOU
We may collect, record, organise, structure, store, adapt, alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, erase or destroy the following types of personal information about you:
We do not collect, store or use sensitive personal information.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
In the course of our business, we may collect personal information directly from an individual:
SwissMail international AG may also collect personal information about individuals from other sources such as:
SwissMail international AG will only collect personal information to the extent that it is required for the specific purpose notified to individuals about whom we are collecting it and/or as instructed by any data controller on whose behalf we are acting - and we will keep it only as long as is necessary.
HOW WE WILL USE PERSONAL INFORMATION
We will only use personal information when the law allows us to do so and relying on a relevant basis for lawful processing in each instance. We will use your personal information in the following circumstances, relying on the basis of processing indicated:
Basis of processing: Where we need to perform a contract we are about to enter into or have entered into with you.
Basis of processing: Where it is necessary for our legitimate interests (or those of a third party, such as a client using our delivery services) and we have undertaken an assessment to determine that processing for those interests (listed below) does not outweigh your interests and fundamental rights, considering the nature and impact of the processing and any relevant safeguards we can put in place.
Basis of processing: Where we need to comply with a legal or regulatory obligation.
Basis of processing: Where you have consented to the processing.
Other issues about how we use personal information:
1) Please note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact our Data Processing Manager if you need details about the specific legal basis we are relying on to process your personal information – contact details are below.
2) We will only use your personal information for the purposes for which we collected it (or were asked to process it on behalf of one of our clients), unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please contact us if you would like further details of any additional purposes of processing. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.
3) Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). If this happens, we may have to cancel, or be unable to provide, any services you have requested from us or from one of our clients.
4) Please note that we may process your personal information without your knowledge or consent where required or permitted by law.
5) We may collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal information but is not considered “personal data” in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your website usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy policy.
6) If you provide us with any personal information relating to your customers or other individuals it is your duty to make such persons aware that their personal information may be shared with us and to provide them with appropriate information about how their personal information may be processed by us.
As indicated above, we may use your personal information to provide you with information about goods and services which may be of interest to you and we may contact you about these by email, text message, post or telephone call. This is known as direct marketing.
Examples of direct marketing may include:
We will only process personal information for the above purposes as permitted by law, which usually means with your specific consent. You have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below.
We may also disclose your information to third parties (including our subsidiaries, our ultimate holding company and its subsidiaries and any marketing agencies) for the purpose of direct marketing. Again, we will only do this with your explicit consent and you have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below. Please see “Data Sharing” below for further details.
In this policy, where we have referred to needing your consent for any processing, we will make sure that the consent:
Automated decision-making takes place when an electronic system uses personal information to make a decision relevant to you without human intervention. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Transfer of personal information outside of the EEA: We may transfer certain personal information that we hold on individuals living in the European Union to a country outside the European Economic Area ("EEA"), provided that one of the following conditions applies:
Subject to the requirements set out above, the personal information we hold may also be processed by individuals operating outside the EEA who work for us or for one of our suppliers. Those individuals may be engaged in, among other things, the fulfilment of contracts with the relevant individual, the processing of payment details and the provision of support services.
Safeguards: If we use a third party data processor to process personal information on our behalf, we will obtain contractual commitments to safeguard the security of the personal information to ensure that the third party only acts on our instructions when using that personal information and that the third party has in place appropriate technical and organisational security measures to safeguard the personal information. Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal information outside the EEA.
Why we might share your personal information with third parties: We may share personal information we hold with: (i) any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries; and/or (ii) in the event that we sell or buy any business or assets, or sell the Company, we will disclose your personal data to the prospective seller or buyer of such business or assets. We may also disclose personal information we hold to third parties if we are under a duty to disclose or share an individual’s personal information in order to comply with any legal obligation, or in order to enforce or apply any contract with that individual or other agreements; or to protect our rights, property, or safety of our employees, customers or others. This includes exchanging personal information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may share personal information with other members in the group as part of our regular reporting activities on company performance. When appropriate, we will anonymise personal information when used for performance reviewing and reporting activities.
We may also share personal information we hold with selected third parties for the purposes set out below. We do not allow our third-party service providers to use your personal data for their own purposes; we only permit them to process your personal data for specified purposes and in accordance with our instructions.
Third party service providers who may process your personal information: When we use the term “third party”, we mean any entity who is not the Company, including third party service providers, contractors and designated agents and any member of our group. The following third party service providers may process personal information for the following purposes:
We will always take appropriate technical and organisational measures to protect personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing (including taking reasonable steps to ensure the reliability of employees who have access to personal information). Our employees may only process personal information in accordance with this privacy policy, and any employee who breaches this privacy policy may be subject to disciplinary action, up to and including dismissal.
We have put in place internal procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We will not keep personal information in a form which permits identification of individuals for longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required (or, where we are processing on behalf of another data controller, return their information to them). We will comply with our data retention policy which is available from smi.postalstockexchange.com/fr. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of personal information, the purposes for which we process information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We will only keep personal information for as long as is necessary for the purpose or purposes for which that personal information is processed; and we will let anyone about whom we process data know how long that is or the criteria that go into deciding how long that is.
We may sometimes anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Our website may, from time to time, contain links to and from the websites of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or the security of these websites. Please check the relevant policy before you submit any personal information to these websites.
Under certain circumstances, you have rights under data protection laws in relation to your personal information, as summarised below.
You have the right to:
If you wish to exercise any of the rights set out above, please contact us at pponetwork@smi.postalstockexchange.com. We aim to respond to all legitimate requests within one month (and if we are only processing the data in question on behalf of another party, the response may actually come from that other party as the relevant data controller). Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive - alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to your computer or device. We use the following cookies:
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you block cookies you may not be able to access all or parts of our website.
We reserve the right to change this policy at any time. Where appropriate, we will notify individuals (or the relevant data controller, in respect of any personal information provided to us for processing on their behalf) of those changes by post or email. Each time you enter or use our website, you agree that the privacy policy current at that time shall apply to all information we hold about you.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
If you’ve got any questions that haven’t been covered, please contact our Data Protection Officer.
Email us at sales@swissmailinternational.com, or write to us
SWISSMAIL INTERNATIONAL AG
Lischmatt 7
4624 Härkingen
XIV. Links to third-party pages
It is possible that this website allows you to access third-party websites. Smi.smi.postalstockexchange.com has no control over these websites and access to the latter are at your own risks and under your sole responsibility.
In other words, SwissMail international AG does not endorse, nor recommends any product or any information that may offered on any third-party website that your may have accessed through it.
In order to determine whether you are still browsing this website, or if you have been directed to another website, verify the web address displayed by your browser.
SwissMail international AG is not responsible for the content of any third-party website linked to this website.
APPENDIX 1 UPU CONVENTION
Section H - Special provisions
Article 18
Items not admitted. Prohibitions
1 General
1.1 Items not fulfilling the conditions laid down in the Convention and the Regulations shall not be admitted.
Items sent in furtherance of a fraudulent act or with the intention of avoiding full payment of the appropriate charges shall not be admitted.
1.2 Exceptions to the prohibitions contained in this article are set out in the Regulations.
1.3 All member countries or their designated operators shall have the option of extending the prohibitions contained in this article, which may be applied immediately upon their inclusion in the relevant compendium.
2 Prohibitions in all categories of items
2.1 The insertion of the articles referred to below shall be prohibited in all categories of items:
2.1.1 Narcotics and psychotropic substances, as defined by the International Narcotics Control Board, or other illicit drugs which are prohibited in the country of destination;
2.1.2 Obscene or immoral articles;
2.1.3 Counterfeit and pirated articles;
2.1.4 Other articles the importation or circulation of which is prohibited in the country of destination;
2.1.5 Articles which, by their nature or their packing, may expose officials or the general public to danger, or soil or damage other items, postal equipment or third-party property;
2.1.6 Documents having the character of current and personal correspondence exchanged between persons other than the sender and the addressee or persons living with them;
3 Explosive, flammable or radioactive materials and dangerous goods
3.1 The insertion of explosive, flammable or other dangerous goods as well as radioactive materials shall be prohibited in all categories of items.
3.2 The insertion of replica and inert explosive devices and military ordnance, including replica and inert grenades, inert shells and the like, shall be prohibited in all categories of items.
3.3 Exceptionally, the dangerous goods specifically referred to in the Regulations as being admissible shall be admitted.
H.2
4 Live animals
4.1 Live animals shall be prohibited in all categories of items.
4.2 Exceptionally, the following shall be admitted in letter-post items other than insured items:
4.2.1 Bees, leeches and silk-worms;
4.2.2 Parasites and destroyers of noxious insects intended for the control of those insects and exchanged between officially recognized institutions;
4.2.3 Flies of the family Drosophilidae for biomedical research exchanged between officially recognized institutions.
6 Coins, bank notes and other valuable articles
6.1 It shall be prohibited to insert coins, bank notes, currency notes or securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver, whether manufactured or not, precious stones, jewels or other valuable articles:
6.1.1 in uninsured letter-post items;
6.1.1.1 however, if the national legislation of the countries of origin and destination permits this, such articles may be sent in a closed envelope as registered items;
6.1.2 in uninsured parcels; except where permitted by the national legislation of the countries of origin and destination;
6.1.3 in uninsured parcels exchanged between two countries which admit insured parcels;
6.1.3.1 in addition, any member country or designated operator may prohibit the enclosure of gold bullion in insured or uninsured parcels originating from or addressed to its territory or sent in transit à découvert across its territory; it may limit the actual value of these items.
7 Printed papers and items for the blind:
7.1 shall not bear any inscription or contain any item of correspondence;
7.2 shall not contain any postage stamp or form of prepayment, whether cancelled or not, or any paper representing a monetary value, except in cases where the item contains as an enclosure a card, envelope or wrapper bearing the printed address of the sender of the item or his agent in the country of posting or destination of the original item, which is prepaid for return.
H.3
8 Treatment of items wrongly admitted
8.1 The treatment of items wrongly admitted is set out in the Regulations.
However, items containing articles mentioned in 2.1.1, 2.1.2, 3.1 and 3.2 shall in no circumstances be forwarded to their destination, delivered to the addressees or returned to origin. In the case of articles mentioned in 2.1.1, 3.1 and 3.2 discovered while in transit, such items shall be handled in accordance with the national legislation of the country of transit.
Commentary
18.2.1.1 The International Narcotics Control Board (INCB) defines the types of substances under international control and classifies them according to the categories of narcotics or psychotropic substances.
These INCB classifications do not adequately capture all of the illicit drugs or controlled substances which are prohibited in many UPU member countries.
The list of narcotics and psychotropic substances placed under international control (abbreviated list) is given in part III of the List of Prohibited Articles.
In an inquiry conducted by the IB among DOs on smuggling narcotics and psychotropic substances by post, a number of difficulties emerged, particularly as regards the attitude to be adopted by the intermediate country having regard to the freedom of transit when closed mails are suspected of containing such arts.
Congress adopted in this connection formal opinion C 54/Washington 1989, the operative part of which is given below:
“Congress invites postal administrations:
i – to cooperate in combating the traffic in narcotics and psychotropic substances whenever they are legally required to do so by their national authorities responsible for this matter;
– to ensure respect for the fundamental principles of the international Post, in particular, the freedom of transit (art 1 of the Constitution and art 4 of the Convention);
ii to make all appropriate arrangements with the relevant authorities of their countries to ensure that bags of mail in transit suspected of enclosing items containing narcotics or psychotropic substances are not opened, but to advise:
a by the quickest means, at the request of their customs authorities the administration of destination so that the suspected bags can easily be identified on arrival;
b by verification note, the administration of origin of the mail;
iii to approach the legislative authorities, in consultation with the customs services, to ensure that laws and regulations do not prevent the use of the technique known as ‘controlled delivery’;
the Customs of the transit country, if necessary with the agreement of the competent authorities, must take appropriate measures to inform the customs authorities of the country of destination and, possibly, of the country of origin of the suspect mails.”
18.2.1.2 It is at the discretion of each DO to decide what is meant by the term “obscene”.
18.2.1.3 Non-admission for conveyance or transit of correspondence items should be notified to the DOs so that the public may be informed of the prohibition in good time.
Information about current prohibitions in Union member countries is communicated to the IB, which updates the List of Prohibited Articles on that basis.
Each DO must ensure that, wherever possible, the information about current prohibition in its country and sent to the IB is set out in clear, precise and detailed terms and that it is kept up to date.
18.3 In addition to explosive or flammable substances, compressed gases, corrosive liquids, oxidizing and toxic substances and any other substances which could endanger human life or cause damage are to be considered dangerous.
The “List of definitions of dangerous goods prohibited from conveyance by post”, drawn up by the International Civil Aviation Organization (ICAO) is given in part IV of the List of Prohibited Articles (pink sheets).
With regard to the safety of staff involved in handling items presumed to be dangerous (mail bombs), Congress issued recommendation C 76/Rio de Janeiro 1979, recommending to DOs that they:
H.4
“a as preventive measures:
i establish permanent liaison with the competent authorities of their countries (police, customs, national security committees, etc.) in order:
– to be informed of any threats or of signs indicating the dispatch of dangerous items;
– to settle questions concerning the examination of items and the destruction of dangerous arts;
ii issue directives for their services based in particular on the information contained in the CCPS study on the measures to be taken to detect mail bombs and to protect staff against the risk of explosion when such items are discovered in the mail;
iii ensure that the examination of items presumed to be dangerous is carried out by the most appropriate methods;
iv have their national legislation adapted or supplemented, if necessary, with a view to authorizing operations enabling mail bombs to be detected;
v in conjunction with the competent authorities, alert the public with as much information as possible, subject to any security restrictions, so that they can take all necessary precautions for their personal safety;
b as soon as dangerous items are reported or their presence presumed:
i give the staff concerned full particulars concerning the external appearance of these items and the need to handle them with particular caution;
ii inform immediately and as fully as possible, by telecommunication, the IB of the UPU and the foreign postal administrations directly threatened.”
It also instructed the IB to inform immediately the DOs of all member countries of the Union and to send them any information which may be of interest to them.
Congress also passed resolution C 39/Seoul 1994 urging DOs, with the assistance of the IB, to: a strengthen measures aimed at preventing and detecting the insertion of prohibited and dangerous arts in postal items;
b develop to this end educational measures suited to the local situation, for the benefit of postal customers and staff;
c ensure wide dissemination of these measures and appropriate training for the staff, using the most effective modern technical methods.
18.3.2 Grenades and other military ordnance which have purportedly been rendered inert present a security risk at the point of origin, during transport and at destination. Whether or not such devices have been truly rendered inert can be determined only by experts. In cases where the deactivation of the device has not been performed properly, the item remains an actual dangerous good as specified in paragraph 3. Whether or not devices are inert, the frequent discovery of such items in the offices of exchange desensitizes both postal and customs employees to situations that involve genuine dangerous goods.
This prohibition applies to devices that were originally designed for military or combative use, including training. Therefore, smoke grenades, shells, hand grenades or any other ordnance that have been rendered inert are prohibited by this article, as are such devices when designed for military or combative training purposes. The prohibition is also extended to replicas of such items.
The prohibition does not extend to items such as children’s toys or articles that do not replicate grenades or military ordnance in a realistic manner.
Ordnance is defined as ammunition products and components that may pose an explosive safety risk. 18.6 By “currency notes” are meant notes issued by governmental, provincial or municipal authorities as legal tender, as opposed to those issued by banking houses under the control and with the authorization of the government.
Cheques, securities payable to bearer and generally speaking any negotiable instruments which can easily be cashed at a bank shall be considered as “securities payable to bearer”. Papers “representing a monetary value”, such as lottery tickets, postage stamps and transport vouchers, may be enclosed in unregistered priority items and in unregistered sealed letters, while still prohibited in reduced-rate items.
Prot Article VII
Prohibitions (letter post)
1 Exceptionally, Dem. People’s Rep. of Korea and Lebanon shall not accept registered items containing coins, bank notes, securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver whether manufactured or not, precious stones, jewels or other valuable articles. They shall not be strictly bound by the provisions of the Letter Post Regulations with regard to their liability in cases of theft or damage, or where items containing articles made of glass or fragile articles are concerned.
2 Exceptionally, Bolivia, China (People’s Rep.), excluding Hong Kong Special Administrative Region, Iraq, Nepal, Pakistan, Saudi Arabia, Sudan and Viet Nam shall not accept registered items containing coins, bank notes, currency notes or securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver whether manufactured or not, precious stones, jewels or other valuable articles.
3 Myanmar reserves the right not to accept insured items containing the valuable articles listed in article 18.6, as this is contrary to its internal regulations.
4 Nepal does not accept registered items or insured items containing currency notes or coins, except by special agreement to that effect.
5 Uzbekistan does not accept registered or insured items containing coins, bank notes, cheques, postage stamps or foreign currency and shall accept no liability in cases of loss of or damage to such items.
6 Iran (Islamic Rep.) does not accept items containing articles contrary to the principles of the Islamic religion, and reserves the right not to accept letter-post items (ordinary, registered or insured) containing coins, bank notes, travellers’ cheques, platinum, gold or silver, whether manufactured or not, precious stones, jewels or other valuable articles, and shall accept no liability in cases of loss or damage to such items.
7 The Philippines reserves the right not to accept any kind of letter post (ordinary, registered or insured) containing coins, currency notes or securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver, whether manufactured or not, precious stones or other valuable articles.
8 Australia does not accept postal items of any kind containing bullion or bank notes. In addition, it does not accept registered items for delivery in Australia, or items in transit à découvert, containing valuables such as jewellery, precious metals, precious or semi-precious stones, securities, coins or any form of negotiable financial instrument. It declines all liability for items posted which are not in compliance with this reservation.
9 China (People’s Rep.), excluding Hong Kong Special Administrative Region, shall not accept insured items containing coins, bank notes, currency notes or securities of any kind payable to bearer and travellers’ cheques in accordance with its internal regulations.
10 Latvia and Mongolia reserve the right not to accept, in accordance with their national legislation, ordinary, registered or insured mail containing coins, bank notes, securities payable to bearer and travellers’ cheques.
11 Brazil reserves the right not to accept ordinary, registered or insured mail containing coins, bank notes in circulation or securities of any kind payable to bearer.
12 Viet Nam reserves the right not to accept letters containing articles or goods.
13 Indonesia does not accept registered or insured items containing coins, bank notes, cheques, postage stamps, foreign currency, or any kind of securities payable to bearer for delivery in Indonesia, and shall accept no liability in cases of loss of or damage to such items.
14 Kyrgyzstan reserves the right not to accept letter-post items (ordinary, registered, insured, small packets) containing coins, currency notes or securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver, whether manufactured or not, precious stones, jewels or other valuable articles, and shall accept no liability in cases of loss of or damage to such items.
15 Azerbaijan and Kazakhstan shall not accept registered or insured items containing coins, banknotes, credit notes or any securities payable to bearer, cheques, precious metals whether manufactured or not, precious stones, jewels and other valuable articles or foreign currency, and shall accept no liability in cases of loss of or damage to such items.
16 Moldova and the Russian Federation do not accept registered or insured items containing bank notes in circulation, securities (cheques) of any kind payable to bearer or foreign currency, and shall accept no liability in cases of loss of or damage to such items.
17 Notwithstanding article 18.3, France reserves the right not to accept items containing goods in cases where these items do not comply with its national regulations, or international regulations, or technical and packing instructions for air transport.
All our postal service providers are approved by the following regulatory agencies:
