TERMS OF THE DELIVERY OF DISTRIBUTION- AND LOGISTICS SERVICES
SCOPE OF APPLICATION AND COMPLIANCE WITH TERMS
These general terms of delivery are applied to the end-customers of the distribution services for consignments that are to be distributed in the distribution network of Sanoma Media Finland’s (Sanoma Media Finland Oy, Business ID 1515901-4, PO Box 30, 00089 Sanoma; visiting address: Töölönlahdenkatu 2, 00100 Helsinki, (henceforth “SMF”)) EarlyBird (the distribution service of Sanoma Media Finland). The distribution services in question are constituted according to the distribution level that is active in the Uusimaa area, and that is currently in effect in EarlyBird’s own distribution areas.
The terms of delivery are based on the contractual terms determined for the end-customers of contractual partners, and on the Postal Act in its currently-active form.
CHANGES IN SERVICE
Sanoma Media Finland is entitled to modify the content of services, as well as the guidelines concerning the use of a given service. SMF may, as it desires, adopt new services, alter the price of services, or terminate services. An agreement shall be made separately with a customer regarding the adoption or termination of service, unless a period of notice for termination is specifically mentioned in the contract.
Any changes to a service shall be explicitly announced. Changes that have an essential effect on the service shall be announced at least one (1) month in advance to the customer, or to the customer’s contact person.
PRICES AND TERMS OF PAYMENT
The prices of distribution services, as well as the accompanying principles for pricing, are to be determined by agreement between the parties. Agreement regarding distribution shall be made in the form of a separate contract between the customer and Sanoma Media Finland. SMF reserves the right to make changes to prices; and such changes shall be announced to contractual customers at least one month before the changes enter into force.
The currently-effective VAT shall always be added to prices. Indirect taxes, or other increases in costs that are caused by legislative measures or the actions of public authorities, shall cause a corresponding increase in prices without any special announcement thereof, starting from the moment that the taxes or cost increases enter into force. Any such increases shall also apply to previously-made contracts.
Any customer-induced change to the content, implementation requirements, manner of implementation, or schedule of an agreed service shall, as needed, entitle SMF to corresponding changes in prices and/or delivery times. SMF is entitled to compensation for any excess costs due to the aforesaid changes.
In the event that an order or assignment pertaining to the service is cancelled for reasons due to a customer, SMF has the right to charge the customer for costs resulting from the provision of the service.
Charges that have been collected or agreed for services shall not be refunded in cases where a consignment is returned to the sender for reasons that are not the fault of SMF.
RESPONSIBILITY FOR DISTRIBUTION
Sanoma Media Finland’s responsibility for distribution starts when a consignment has been received for further transport. Its responsibility for distribution ends when a consignment has been distributed to the end-customer, or has been returned back to the customer according to a separate agreement.
If the customer has acted contrary to these terms, or a consignment fails to comply with the required terms, products may be returned to the customer at the latter’s expense.
Sanoma Media Finland has the right to choose an alternative distribution method insofar as circumstances so require. Sanoma Media Finland is not responsible for delivery times promised to the end-customer.
RESPONSIBILITY FOR SUBSCRIBER DATA
The customer bears responsibility for the correctness of address records.
Address data shall be handled as confidential information, and shall be used only for the implementation of services ordered by the customer.
SECRECY OBLIGATIONS AND CONFIDENTIALITY OF DATA
The contractual parties commit to keeping secret the terms of the contract, as well as any business- or professional secrets, or other data or material to be regarded as confidential, that come to their knowledge concerning the other contractual party, its customers, or other third parties. This obligation to secrecy shall remain effective even after the end of the contract.
However, if the obligation to secrecy does not prevent it, SMF may disclose data concerning customers to suppliers, subcontractors and collaborative partners that it uses if this data is necessary for the implementation of the service it provides. SMF may also disclose data concerning customers that is connected to the use of the service and the management of customer relationships, to another company that belongs to the same corporate group at the time in question or to a company that would receive the data in connection with an asset deal or other business arrangement, or with an outsourcing venture.
SMF processes material related to services confidentially, and protects the secrecy of confidential messages in accordance with the Postal Act. However, the confidentiality of messages cannot be guaranteed with respect to messages sent on an open data network.
The customer may disclose data that is essential to the provision of service to the subcontractors or collaborative partners it uses.
The contractual parties are responsible for ensuring that the subcontractors and collaborative partners they use commit to keeping the data they receive confidential, and that they use the data disclosed to them only for purposes that are justified from the standpoint of service provision.
HANDOVER OF CONSIGNMENTS
In SMF’s distribution, as a service included in the transport charge, all addressed consignments that measure 25 x 40 x 3 cm or smaller, weigh 2 kg or less, and are to be handed over without confirmation, shall be delivered as follows: in the case of a block of flats, to the building; and in the case of individual houses, to the letterbox or set of letterboxes. More precise delivery details for consignments, or other specified details regarding consignments, are presented in the Postal Act and in the ordinances of the Finnish Communications Regulatory Authority (FICORA).
Consignments must be undamaged, and both names and address numbers must be marked clearly on them.
Consignments which have not been possible to deliver to the recipients for reasons of defective packing, insufficient address information, or other reasons that are unrelated to the distribution process, shall be returned to the party that sent them.
If no separate agreement has been made concerning returns, then consignments that have not been delivered due to the aforementioned reasons, and are not returned, shall be delivered to FICORA’s verification department for processing.
RESPONSIBILITY AND DAMAGE COMPENSATION OBLIGATIONS
SMF’s responsibility for consignments begins once the sender of a consignment has dropped it off to be transported by SMF. SMF’s responsibility ends when the recipient of a consignment has received the consignment in accordance with the agreed manner of delivery.
SMF shall be responsible for damages caused to the sender or recipient of a consignment due to a delay or disappearance, or damage to, the consignment. The right to compensation shall be determined according to the Postal Act. Settlements may be made, within reason, regarding damage compensation if there has been some contribution to the damage from the side of the party suffering damage, or insofar as there were circumstances that contributed to the damage that were not part of the act that caused the damage.
In addition to what was previously presented, SMF bears no wider responsibility for failure of delivery of a consignment; nor shall it compensate the customer for any harm, costs or direct/indirect damage that may result from the delivery of the consignment.
The customer is responsible for the delivery of consignments and/or material to the delivery address agreed as part of the service. If consignments and/or materials are not delivered in the agreed manner or according to the agreed schedule, SMF shall not be responsible for the execution of the service in accordance with the contract regarding the service. If material and/or consignments cannot be handled in the agreed manner, it is SMF’s obligation to communicate this to the customer.
The customer is responsible for packing items in a manner that is sufficient and required by the content, for the marking (addressing, etc.) of consignments, and for carrying out preliminary work related to consignments in accordance with the terms of the service. SMF shall not be responsible for the delivery times it has promised if the consignment contains incorrect or insufficient addressing or other marking, or if the prior work of preparing the consignment was neglected or done insufficiently.
The customer must provide the information needed for the service. The customer is responsible for the information that the customer provides, and for the correctness of this information. The service shall be carried out according to the information reported or marked by the customer. SMF is not obliged to check or correct the information. The customer must immediately report any changes to the information.
The customer is responsible for the data content, features and manner of presentation of the consignments and/or material that the customer sends. SMF does not monitor the content of letters and other messages that it conveys in connection with the service, and is not responsible for this content and/or additions thereto.
RESPONSIBILITY FOR SUBCONTRACTORS’ (OR SIMILAR) ACTIONS
SMF is entitled to use subcontractors for the provision of services. SMF is responsible for subcontractors’ work just as it is for its own. If a contract includes a third party’s services and SMF makes an agreement with the customer on behalf of the third party, or in a capacity representing the third party, then this third party shall be responsible for its services, and responsibility for the third party’s services shall not be borne by SMF. SMF, however, is responsible for its own services and those of its subcontractors, and the management of the contractual service package, in accordance with the contracts they have made with third parties.
The customer is responsible to SMF for the actions of subcontractors that he/she/they use, just as the customer is responsible for his/her/their own actions. The customer is specifically responsible for: information marked on consignments, consignment lists and other transport documents of parties acting on behalf of a postal business, printing facility, or another customer; for other actions taken by said parties; and for any damage that may be caused to SMF.
The parties to the contract will be released from the obligation to comply with the contract and from the obligation to pay damages under force majeure circumstances, such as strikes, lockouts, accidents, actions taken by public authorities, and other circumstances that the parties could not avoid and whose consequences could not be prevented. SMF shall strive to perform the services mentioned in the contract as well as possible, even in the above-mentioned exceptional circumstances.
TRANSFER OF CONTRACT
The contracting parties have the right to transfer the contract within the corporate group of one of the contracting parties without the consent of the other contracting party. The use of subcontractors shall not be viewed as transfer of contract.
ORDER OF APPLICABILITY OF DOCUMENTS
In cases where the customer agreement and other documents are in conflict with each other, the order of application of the documents is as follows:
1. Customer agreement, including attachments (not including term of delivery)
2. Terms of service according to SMF’s service description
3. SMF: general terms of delivery.
OTHER TERMS AND STIPULATIONS
SMF shall process the personal data of subscribers in accordance with the record description and data protection clauses, and in accordance with privacy protection legislation.
If any disputes arise between Sanoma Media Finland and the customer, efforts shall be made to resolve them through negotiation between the parties. If the parties do not reach an agreement, the dispute will be resolved in the Helsinki District Court.
VALIDITY OF DELIVERY TERMS
These terms of delivery will come into force on 1 October 2017 and shall remain valid until further notice. Sanoma Media Finland has the right to change the terms of delivery by announcing such changes at least one month in advance. The terms of delivery are available on EarlyBird’s website (www.earlybird.fi).