Top Express Parcel Transportation and Service Terms and Conditions

Effective as of 01.04.2020
Last updated on 08.07.2021

1. Terms and Conditions and Their Application

1.1. These Terms and Conditions define the procedure for the provision of services by SIA TOP EXPRESS (hereinafter referred to as Top Express and the Service Provider), the requirements for preparing a shipment, ordering the service, as well as limitations on the services provided for shipments within Latvia and internationally.
1.2. These Terms and Conditions serve as a Contract between the Client and Top Express.
1.3. The Sender is obliged to familiarize themselves with these Terms and Conditions and comply with the requirements specified therein.
1.4. These Terms and Conditions apply to every shipment transported using Top Express services.
1.5. These Terms and Conditions shall be applied and not altered, except in cases where the Client and an authorized Top Express representative, holding a special power of attorney for such actions, conclude a separate agreement or make amendments to the existing terms.

2. Definitions of Terms

Explanations of words and conditions used in the text:

•    Portal/Website/Page – the national Latvian portal www.topexpress.lv
•    Parcel/Shipment – an individually packaged shipment labeled with a Top Express Partner shipment label.
•    Delivery/Cargo – one or more parcels sent via Top Express.
•    Client/Sender – the party using Top Express services to send/receive shipments/deliveries and responsible for all costs related to the delivery.
•    Recipient/Addressee – the person receiving the shipment/delivery sent via Top Express services.
•    Carrier/Third Party/Partner – Top Express cooperation partners: UPS, TNT, DPD, FEDEX, DHL, Omniva, and others.
•    Personal Area – a personal tool used by the user to place orders, track shipments, monitor invoices, etc.
•    Parties – Top Express, the Client, and the Carrier.
•    Pick-up Address/Loading Address – the address where the shipment/delivery must be collected by Top Express Partners.
•    Delivery Address/Unloading Address – the address where the shipment/delivery must be delivered by the Top Express Partner.
•    Shipment Drop-off Location – a secure location designated by the courier for leaving the shipment/delivery without the recipient’s signature. This point applies only to specific services.
•    Shipment Manifest/Label/Marking/Air Waybill/Invoice – documents affixed to the shipment or provided with the shipment.
•    Business Day – from Monday to Friday, 10:00–18:00, excluding national public holidays.
•    Compensation – transit compensation provided in the event of shipment loss or damage. This compensation does not apply to shipments considered Prohibited/Unauthorized (see the Prohibited/Unauthorized Shipments section).
•    Costs – all expenses payable by the Client, including the delivery itself and additional costs such as storage fees, VAT, other taxes, late fees, penalties, administrative costs, customs duties, charges, insurance premiums, and all other payable amounts collected from Top Express users in connection with the delivery (deliveries) and other related activities.
•    Contract – an agreement between the Client and Top Express for the provision of services.
•    User – any person (legal or natural) who uses the Portal in accordance with these Terms and Conditions.

3. General Information
3.1. The www.topexpress.lv portal is administered by the Limited Liability Company Top Express.
3.2. The purpose of the Portal is to provide residents and businesses of Latvia and abroad the ability to order courier services remotely and in a simplified manner.
3.3. These Terms define the rules and restrictions for using the Portal and the information available therein, and are binding for all Users. Top Express reserves the right to amend the Terms of Use at any time, and such changes shall take effect upon their publication on the Portal.
3.4. Any personal information voluntarily submitted by the User to the Portal is processed in accordance with the Personal Data Protection Law.
3.5. The Portal does not use the User’s personal data except for the information voluntarily provided by the User during registration or while using any of the e-services available on the Portal. Any such information submitted or received by the User will not be accessible to third parties.

4. Access to the Portal
4.1. The Portal is accessible to all internet users.
4.2. Top Express ensures Portal availability 24 hours a day.
4.3. Top Express is not liable if the Portal is unavailable due to force majeure circumstances.
4.4. Access to the Portal may be interrupted without notice in the event of system failure, upgrades (updates), or any other unforeseen circumstances.

5. Top Express Rights and Obligations
5.1. Top Express provides Parcel/Shipment Delivery using the services of a selected Partner.
5.2. Top Express does not perform deliveries itself; deliveries are carried out via Partner services.
5.3. Top Express reserves the right to introduce and change published and approved rates, discounts, or services on the Portal without prior notice.
5.4. For each Delivery, depending on the selected Partner service, 1–3 delivery attempts are provided. If Delivery to the Delivery address is not possible and must be returned to the Sender, the Sender is responsible for all return costs. Top Express will issue an invoice to the Sender for the returned delivery and may withhold the shipment until all obligations are fulfilled.
5.5. Top Express is not liable if the Sender has provided the Carrier with the wrong Shipment, an incorrect Delivery address, or incorrect shipment labeling. All costs incurred as a result shall be covered and paid by the Sender. The Sender is not entitled to Compensation in cases of incorrect shipment documentation or if the shipment is transferred to a different courier.
5.6. Deliveries are fulfilled only when both the Pick-up and Delivery addresses are correctly provided, including accurate postal codes. If Delivery fails or is returned to the Sender due to incorrect address details, the Sender is not entitled to compensation and must cover all resulting costs.
5.7. Top Express and its Partners reserve the right to refuse acceptance of a Delivery if any Parcel or the entire Delivery is not packed, improperly packed, unlabeled, exceeds the specified dimensions, or if the weight exceeds the ordered or maximum allowable weight.
5.8. The Client must contact Top Express customer service for questions, suggestions, or complaints. If the Client contacts the Partner directly instead of using Top Express customer service, Top Express is not responsible for the timely or accurate resolution of the issue, and such complaints will not be processed.
5.9. The services offered by Top Express are provided from the point of collection to the point of delivery – “door to door”. For certain services, delivery may not be “door to door”. Top Express will inform the Sender of such exceptions prior to order confirmation.
5.10. Not all services offered by Top Express include delivery confirmation with a signature or shipment tracking. It is the Sender's responsibility to check whether the selected service provides delivery confirmation and shipment tracking.
5.11. In some areas in the USA and Australia, Partners have the right to leave a Delivery in a safe place at the door without recipient signature. No claims are accepted for such deliveries.
5.12. Top Express requires the Recipient's phone number so that the Partner can contact the recipient to clarify the address or delivery time. When shipping outside Latvia, it is mandatory to provide the Recipient’s local phone number. Top Express assumes no responsibility if the recipient cannot be contacted and the shipment is not delivered due to this.
5.13. Payments for services are accepted after selecting the service and completing the order. All prices are listed in EURO (EUR). Top Express reserves the right to decline orders that appear suspicious or indicate illegal activity.
5.14. Order confirmations or cancellations will be sent to the provided email address. If no email is received, please contact our customer service using the information in the “Contacts” section.
5.15. The status of a Shipment can be tracked using the Personal Area. The Client is responsible for monitoring the progress of their order.
5.16. A copy of the delivery confirmation can be obtained for an additional fee, ranging from 2 to 15 EUR, depending on the selected Partner service.
5.17. Top Express is not responsible for any losses incurred by the User if a third party accesses and/or uses the Personal Area with the User’s authentication credentials.

6. User Rights and Obligations

The User undertakes and guarantees:

6.1. All shipments must be packed in secure packaging; the contents must not move or be inadequately packed for safe transportation. The shipment must not cause damage to the environment or to other shipments. Any shipment not properly packed may be refused for transport or returned to the Sender without delivery. If necessary, an additional packaging fee may be charged to the Sender. Top Express accepts no liability for improperly packed shipments and claims in such cases will not be considered.

6.2. If multiple shipments are sent to the same address, the Sender must indicate the weight and dimensions of each shipment separately to receive an appropriate service and accurate delivery price. It is prohibited to indicate a total weight for one address if more than one parcel is being sent. The Sender bears full responsibility and covers all costs incurred due to incorrectly provided data.

6.3. All shipments must be properly labeled. Each shipment must have a shipment label including recipient details and any necessary warning signs. The label must be clearly visible and legible. If one or more shipments are not properly labeled, Top Express and its Partners reserve the right to refuse the order. Top Express accepts no responsibility and does not consider claims if any shipment is not properly labeled.

6.4. Services that require a printer must be labeled with the shipment label received via email. Any shipment sent without the required label may be subject to additional charges by Top Express, may not be trackable, and may be delayed. Top Express is not responsible and will not process claims for shipments lacking the required label.

6.5. For international shipments (outside the EU), additional documents and information may be required. Top Express provides the necessary forms and instructions; however, it is the Client’s responsibility to provide all required information before and after placing the order. Top Express accepts no liability and will not process claims for undeliverable shipments due to missing or incomplete information. The User agrees to cover any additional expenses incurred in such situations.

6.6. When placing an order, the Sender must provide accurate and clear data, including weight, dimensions, correct sender and recipient names or company names, addresses, postal codes, email addresses, local phone numbers, and shipment content descriptions. Inaccurate data may lead to refusal of acceptance or delivery. If incorrectly completed shipments are accepted, Top Express may charge an additional fee for data correction and is not responsible for delays caused by inaccurate information.

6.7. The Sender and the Recipient agree that shipments may be transported by land, sea, or air, requiring all necessary documentation for shipment.

6.8. The Client assumes full responsibility for all costs arising from errors caused by the sender or recipient.

7. Partner Service Terms

The service terms of the following partners apply to all deliveries: UPS, TNT, DPD, FEDEX, DHL, Omniva.

By choosing a service from any of the above-mentioned Partners, the Sender agrees to abide by the terms and conditions of those Partners.

8. Delivery Delays and Force Majeure

8.1. Neither Party shall bring any claims against the other for failure to fulfill any obligation under this Agreement if such failure is due to public unrest, natural disasters, civil war, riots, strikes, acts of war, or other events beyond the Parties’ control, or if such performance is delayed or prohibited by any laws or regulatory acts.

9. Liability

9.1. The Client acknowledges that submitting a claim regarding service quality is a mandatory condition for the Partner's liability, and it must be submitted strictly within the timeframes specified in these Terms.

9.2. Top Express, its employees, Partners, and agents are not liable for lost or damaged shipments if a written claim from the Client is not received within 5 (five) calendar days after delivery. The claim must include all necessary supporting documents submitted within the specified deadline. Documents submitted after this period will not be accepted.

9.3. Claims can be submitted via the "Contact" section.

9.4. If a shipment is not delivered within the specified timeframe and is considered lost, the sender must submit a claim within 5 (five) calendar days.

9.5. The Client understands and agrees that failure to submit a claim within the specified timeframe results in the loss of the right to compensation.

9.6. In all other cases, the Partner's liability applies only if the Client submits a claim to Top Express immediately, and no later than specified by applicable transportation laws and regulations.

9.7. Documents required to submit a claim:

1. Claim application form.

2. Any additional documents that may help assess the claim.

3. The Client may also submit an independent damage assessment report.

9.8. All documents listed in section 9.7 must be submitted electronically.

9.9. If the delivery time is exceeded, the maximum amount of compensation cannot exceed the Carrier's fee for the shipment as a freight forwarder.

9.10. A delivery is considered delayed if the package does not arrive at the destination within 72 hours for international shipments and 24 hours for domestic deliveries, based on the estimated delivery time at the time of order placement.

9.11. A package is considered lost if the delivery is delayed by more than 30 (thirty) calendar days for international shipments or 4 (four) business days for domestic shipments.

9.12. Top Express and its Partners’ liability for loss of shipment contents shall not exceed the actual value of the shipment. The burden of proof regarding the shipment’s value lies with the party making the claim.

9.13. Top Express assumes liability for loss or damage of shipments in accordance with the Civil Law of the Republic of Latvia and the CMR Convention, up to 8.33 SDR per kilogram of the gross weight of the lost or damaged item. SDR (Special Drawing Rights) is an IMF international reserve asset; compensation amounts depend on the published SDR exchange rate on the IMF website. If goods in transit are insured (and such coverage is available for the selected service), losses will be compensated under the above limitations.

9.14. In the event of loss or damage, Top Express shall compensate the loss according to section 9.13, the Partner’s compensation policy, and the shipment’s value. No other losses will be compensated.

9.15. Top Express is not liable for damage or loss caused by:

lack of packaging;

incomplete or damaged packaging;

loading/unloading by the Sender, Recipient, or their representatives;

lack of or incorrect labeling;

the natural properties of the item (e.g., structural fragility, internal spoilage, leakage, corrosion, evaporation, or normal shrinkage).

9.16. Any disputes between Top Express and the Client related to these Terms shall first be resolved through mutual negotiation within 30 (thirty) calendar days. If no agreement is reached, the dispute shall be resolved under the laws of the Republic of Latvia.

10. Handover of Shipments for Transport

10.1. The Sender shall hand over the order to the Carrier at the address and time specified in the order. The shipment must clearly indicate the Sender’s and Recipient’s details.

10.2. The Carrier’s courier is responsible for loading shipments with a total weight not exceeding 30 (thirty) kg.

10.3. The Client must ensure that shipments exceeding 30 (thirty) kg per package are loaded by the Sender, using appropriate equipment if necessary.

10.4. Upon accepting the shipment, the Carrier issues a shipment transfer document or, if requested during order placement, the Client prints it in advance before the Carrier arrives.

10.5. The Client is liable for any losses or expenses incurred by Top Express due to incorrect data or instructions provided by the Sender.

10.6. If the item intended for transport is solid, clean, undismantlable, and cannot be packaged but partially meets transport requirements, the Carrier may accept it under special conditions. The delivery note must include a “dangerous packaging” notice, and Top Express and the Carrier accept no liability for damage incurred during transport.

10.7. When accepting a shipment, the Carrier may inspect its external condition and request notes to be added to the delivery note regarding labeling, numbering, condition of the cargo or packaging, or other relevant information. If the Sender disagrees with the Carrier's notes and refuses to sign them, the Carrier has the right to refuse acceptance of the shipment.

10.8. Notes may include additional information about the shipment, its defects, or other relevant data needed for safe transportation.

10.9. Only one shipment may be transported per delivery note.

10.10. The Carrier reserves the right to refuse unpackaged, poorly packaged, unlabeled, or improperly labeled shipments. Couriers are not required to wait if the shipment is not ready upon arrival.

10.11. Top Express and the Carrier cannot object if government authorities open and inspect any package. The Client must be promptly informed of such inspections by the Carrier’s representatives.

10.12. The Client (and the Sender when handing over a shipment) agrees that government authorities have the right to inspect packages without restriction.

11. Delivery of the Shipment to the Consignee

11.1. Upon arrival at the destination point, the Carrier must deliver the shipment to the Consignee indicated on the consignment note.
11.2. Shipments are delivered to the Consignee’s address.
11.3. The Client is responsible for ensuring that the Consignee accepts the shipment in accordance with the procedures and deadlines set out in these Terms.
11.4. If the weight of the shipment does not exceed 30 (thirty) kg, the Carrier is responsible for unloading it from the vehicle (unloading is considered to be the removal of the shipment from the vehicle).
11.5. The allocated time for unloading is up to 10 minutes. For every additional 10 minutes, an extra charge may be invoiced to the Client in accordance with the selected Carrier's pricing.
11.6. If the shipment exceeds 30 (thirty) kg or if unloading requires additional equipment, the Client is responsible for ensuring that the Consignee unloads the shipment from the vehicle.
11.7. If the Carrier is able to unload a shipment exceeding 30 (thirty) kg from the vehicle and/or deliver it to the warehouse premises specified by the Consignee, the Carrier shall charge an additional unloading fee, for which a separate invoice will be issued.
11.8. Upon receiving the shipment, the Consignee must inspect the condition of the shipment (packaging) together with the Carrier's representative.
11.9. Once the Consignee signs the consignment note, the order is considered delivered. The Client and the Consignee acknowledge that, in line with existing practices, multiple consignment notes (delivery manifests) may be generated during transportation. If the Consignee signs any one of the consignment notes that can be used to identify the shipment, the shipment is deemed delivered, even if the Consignee has not signed the others.
11.10. If any damage to the shipment or its packaging is noticed, the Consignee must note this on the consignment note and write a free-form Damage Report. If possible, the damaged packaging should be photographed. If the Consignee signs the consignment note without comments or objections, the shipment is considered to be delivered in good condition or undamaged, and neither Top Express nor the Carrier accepts liability for any damage or loss discovered later.
11.11. If circumstances arise that prevent delivery, such as technical inability to unload the shipment, the Consignee cannot be found, or refuses to accept the shipment (refusal also includes failure to pay amounts due to the Carrier or Client indicated on the consignment note or for any other reason), the Carrier must request further written instructions from the Client.
11.12. The Client must provide instructions in writing or by sending them to the email address: info@topexpress.lv.
11.13. If no instructions are received within 12 (twelve) hours, the Carrier has the right to return the shipment to the sender at the Client’s expense. If the sender refuses to accept the returned shipment, the Carrier reserves the right to unload the shipment and store it at the Carrier’s terminal until further written instructions are received from the Client. In this case, the transportation is considered complete and the service fulfilled.
11.14. The Client agrees to cover all costs related to the execution of services referred to in Clause 11.13, including transportation, return shipping costs, and storage fees, in accordance with the selected Carrier's pricing.

12. Prohibited/Unauthorized Shipments

12.1. Unpackaged, poorly packaged, and non-standard shipments, unless previously agreed upon with representatives of Top Express.
12.2. Prohibited items for transportation:
12.2.1. Items of exceptionally high value (jewelry, works of art, antiques, precious metals, gemstones, cash (except for C.O.D. – cash-on-delivery – transactions), lottery tickets, checks, securities, stocks, promissory notes, and other documents or items that cannot be restored, reconstructed, or replaced if damaged).
12.2.2. Weapons, ammunition, explosives, narcotics, and substances or products that, due to their chemical or physical properties, may pose a threat to human health, safety, the environment, or property.
12.2.3. Live animals and plants, human remains or body parts, perishable food and non-food items, or items requiring special equipment, safety measures, permits, or specific temperature, humidity, or other special conditions for transport.
12.2.4. Other items whose transportation, import, or export is prohibited in the countries of transit or destination by applicable law, or items requiring a special transport, import, or export license or permit for Top Express and its Partners.
12.3. Top Express shall not be held liable for shipments by Clients containing any of the items listed in Clause 12.2.
12.4. If the Client orders the transportation of prohibited items, or facilitates their submission for transportation in any way, the Client assumes full responsibility for all consequences and agrees to cover any direct damages caused to Top Express, supported by legally valid documentation.
12.5. Due to the nature and destination of the cargo and control formalities, additional restrictions may apply to specific goods, and delivery times may be extended. Top Express and its Partners reserve the right to refuse to accept such shipments for security or safety reasons.

13. Payment Terms

13.1. The valid service price list can be found in the “Contact” section.
13.2. The Client may pay for services by credit card or via PAYPAL after confirming the order details. An order is considered accepted once the payment transaction is completed.
13.3. The Client may also pay by settling the received invoice. The invoice must be paid in full, without deductions, no later than the time of shipment handover. If payment is not received by the due date, the order is canceled.
13.4. Service rates provided by Top Express are based on the information submitted by the Client in the Portal. However, final service rates may differ, as they are calculated based on the actual dimensions and weight of the submitted shipment, measured after pickup and during sorting at the Carrier’s terminal. If discrepancies are found, Top Express issues an additional invoice.
13.5. The Carrier reviews each consignment note to ensure the correct service and declared shipment/package weight. If the selected service or weight is incorrect, the Carrier corrects the consignment note. The Client is responsible for all additional costs incurred due to incorrect data.
13.6. The Client is responsible for paying all expenses and taxes related to the shipment.
13.7. If certain expenses are to be paid by the Consignee, the Sender must indicate this in the relevant section of the consignment note.
13.8. In the event of overdue invoice payments, Top Express charges a late fee of 0.5% per day for each delayed day.
13.9. If the Client fails to make payment on time, Top Express reserves the right to forward debt information to a debt collection agency to initiate recovery procedures.

14. Privacy Policy

14.1. The Client agrees not to use the name “Top Express” or “www.topexpress.lv” without written consent from Top Express.
14.2. During the term of this agreement, the Client is prohibited from offering employment to or obtaining confidential information from Top Express employees.

15. Cancellation and Refund Policy

15.1. The Client may cancel the order at any time and receive a full refund if the cancellation is made no later than 16:30 one business day before the scheduled pickup date. For cancellations made after this time, a cancellation fee will be applied (in full or partially), calculated based on the selected partner’s cancellation policy.
15.2. The Client may cancel an order by sending an email to info@topexpress.lv.
15.3. Refunds are processed within 5 business days and transferred to the payer’s account.

16. Validity of the Terms

16.1. If any provision of these Terms contradicts existing international treaties, laws of the Republic of Latvia, government decisions or regulations, ministerial orders, or other applicable legal norms, such provision remains in force to the extent that it does not conflict with those laws. The invalidity of any provision does not affect the validity of the remaining Terms.

SERVICE PROVIDER
Name: TOP EXPRESS SIA
Registration No.: 40103923851
VAT No.: LV40103923851
Legal Address: Brīvības gatve 300-3, Rīga, LV-1006
Bank: AS Swedbank
SWIFT/IBAN: HABALV22 / LV06HABA0551040768233
Email: info@topexpress.lv