TORAS LT Rules

TORAS LT Rules

1. General Provisions

1.1 These rules establish the procedure for the provision of services by UAB TORAS LT, the requirements for the preparation of shipments and service orders, as well as the limitations of the services provided. These rules also define the cases of liability of UAB TORAS LT, its employees, and partners, and the limitations of liability up to specified amounts, where applicable.

1.2. By submitting an Order, the Customer confirms that they have read these Rules (Terms
and Conditions) and unconditionally agree to all their provisions.

1.3. The Parties agree that the relations between UAB TORAS LT and the Customer, which are not covered by these Rules, shall be governed by the laws and other legal acts of the Republic of Lithuania.

2. Definitions Used in the Rules:

2.1. TORAS LT – a shipment delivery partner.

2.2. Package – a single unit (envelope, box, roll, pallet, etc.) of properly packed, marked, and labeled items.

2.3. Shipment – one or more packages sent by one sender to one recipient, described in
the accompanying paper or electronic document (manifest), and delivered to one address.

2.4. Standard Shipment – a Shipment where all dimensions (length, width, height, and weight) meet the requirements for Shipments of the service chosen by the Customer. The specific requirements for a Standard Shipment for each service are indicated in the Service Description in Section 5.

2.5. Non-Standard Shipment – a shipment where at least one of the dimensions mentioned in Clause 2.4 exceeds the permitted limits. Additional charges may apply for the delivery of such shipments.

2.6. Actual Weight – the weight of the Package in kilograms (kg), obtained by weighing the Package.

2.7. Payer – a natural or legal person, including their employees or agents, who submits and pays for TORAS LT service orders under a contract or without a contract.

2.8. Sender – a legal or natural person who hands over a properly prepared shipment for transportation to the recipient indicated by them.

2.9. Recipient – a legal or natural person who is indicated on the shipment packaging and in the accompanying document (manifest) as the person entitled to receive the transported shipment.

2.10. In Writing – means a method of communication where information is directly
conveyed in writing to the Carrier or the Client, sent by post, or by email.

2.11. Courier – a person working for or representing the Carrier, who accepts shipments from the Sender, transports them, and delivers them to the Recipient.

2.12. Contract – the Shipment Transportation Agreement, its appendices, amendments, and supplements.

2.13. Additional costs – costs incurred during the Order execution period after payment not due to the Courier’s fault, which could not be included in the price at the time of Order acceptance and therefore must be paid by the Customer.

2.14. Non-refundable items – These are documents, valuables and other items whose value is difficult to determine, as well as fragile and impact-resistant items. The list of non- refundable items is published and constantly updated on the Website.

2.15. Prohibited items – are items, goods, materials, the transportation (import, export, transportation) of which is prohibited by the law of at least one of the countries in whose territory the transportation is carried out (including alcohol and tobacco); as well as high- value items which, in the event of damage, cannot be restored, reconstructed and/or replaced with equivalent items, are listed as prohibited for shipment in the regulatory legal acts adopted by the International Civil Aviation Organization (ICAO). List of prohibited items https://www.toras.lt/informacija

2.16. Damage to a parcel– damage caused by a courier error to the customer’s parcel during its transportation from collection from the sender to delivery to the recipient. A parcel is considered damaged when its contents are damaged together with the packaging.

3. Placing an order/cancellation

3.1. Ways to place an order:

a) on the TORAS LT website www.uabtoras.lt

b) by the company’s contact phone number +37063006033

c) By e-mail [email protected]

d) on the social network facebook.com TORASLT parcel transportation

3.2. By placing an order in any of the above ways, the customer confirms that he has read the TORAS LT rules.

3.3 The sender must provide the carrier with the conditions to fulfill the placed order from 06:00 to 00:00.

3.4. An order placed on the website www.toras.lt is considered accepted only after receiving confirmation from TORAS LT to the sender via text message. If the order confirmation is not received within 2 business hours of placing the order, the service customer must inform TORAS LT +37063006033

3.6. The Customer has the right to cancel any Order until the Parcel is picked up from the Sender. Once the Courier has picked up the Parcel, the Customer (Sender) does not have the right to cancel the Order – the Order is considered to be executed and the appropriate payment is applied to it.

3.7. The Carrier has the right to refuse to accept and/or execute the Order if it becomes clear that Prohibited and/or dangerous items and/or materials were handed over for delivery without the courier’s knowledge. In such a case, the courier has the right, without prior notice to the Customer, to contact the relevant state institutions and take other actions necessary to reduce (eliminate) the risk associated with the contents of the Parcel being sent. The Customer is fully responsible for all consequences and also undertakes to reimburse all Courier expenses. Also, in such a case, the Customer is not refunded for sending the Parcel and no expenses, losses or damages are compensated. The Customer may be held criminally liable 3.8. The Courier has the right to accept the Order or pick up the Parcel in case of improper Parcel Packaging or inconsistency of information between the Order and the actually delivered Parcel.

4. Restrictions on parcel dimensions and weight

4.1. Standard packaging – the sum of the length, width and height of which does not exceed 1.5m. (Example: Length 50cm + Width 50cm + Height 50cm). Maximum weight of one package up to 30kg. Prices are indicated without delivery. Explanations of standard packaging here https://www.toras.lt/informacija

4.2. Minimum dimensions and weights of the package:

Minimum weight of one package, kg – 0.001

4.3. Parcels that do not have Rules 5.1. items exceeding the dimensions specified in point 1, and parcels heavier than 30kg, may be accepted for delivery only by separate agreement with the Customer, if there is a possibility to transport them.

4.4. If the above-mentioned dimensions and/or weight restrictions of the parcels are exceeded, additional fees apply https://www.uabtoras.lt/informacija .

5. Marking of the parcel package

5.1. The parcel package must be indicated separately:

1. Sender’s name;
2. Sender’s address;
3. Recipient’s name;
4. Recipient’s exact address: street, house number, postal code, city, country;
5. Indicate the building, floor, office, if this is determined to find the Recipient faster;
6. Recipient’s contact, phone number;
7. Number of packages being sent (1/5; 2/5; …; 5/5);
8. Shipment weight, length, width and height
9. PROFORMA https://uabtoras.lt/forma ;

6. Services provided, service prices:

6.1.The carrier provides parcel transportation service from address to address, unless otherwise agreed. Parcels are delivered within the terms agreed upon during registration.

6.2. Other services provided, if ordered, are paid additionally.

6.3. Prices for standard-sized parcels are published on the website https://www.toras.lt/marsrutai. Prices for non-standard parcels are negotiated separately, inquire about them by the specified contact phone number +37063006033 or by e-mail [email protected]

6.4. Service prices are negotiated with customers individually by the specified contact phone number +37063006033 or by e-mail [email protected]

6.5. UAB “Toras LT” acts as an intermediary between the Sender/Customer and parcel services.

7. Package packaging

7.1. The packaging must be such that the items contained in it are protected from damage when it is turned in all directions, shaken, pushed, when the package falls from a height of no more than 1 meter, at an ambient temperature of 0 – 30 degrees and its fluctuations. In order for the package not to collapse, it must withstand static pressure, 4-5 times greater than its own weight

7.2. The packaging must be such that it is impossible to access its contents without damaging the package itself (without tearing the box, etc.)

7.3. Stretch wrap, polyethylene bag, paper bag (shopping bag, sports bag) or fabric are not suitable packaging.*

* When sending in such a package, the customer assumes full responsibility for the condition of the items contained in it at the time of delivery.

7.4. If the package of the shipment is valuable, it must be additionally packed to avoid damage.

7.5. Suitable packaging: for liquids – metal containers. For items – corrugated cardboard, metal, wooden boxes.

7.6. Audio, video, household appliances must be sent in the factory, original packaging, without foreign objects. In order for the factory/commercial packaging of the item/good not to be damaged during transportation, it is necessary to additionally pack such an item/good in a package intended for transportation.

REMEMBER that the factory packaging of the item is not a suitable package, packages specially designed for transportation are stronger.

7.7. Glass, fragile items must be sent in a strong, hard-sided package with padding inside, without foreign objects that may damage the item, when sending breakable items, it is necessary to label the package;

7.8. In case of improper packaging, the Carrier is not responsible for the safe transportation of the shipment, does not compensate the Customer for losses incurred and may file a claim against the Customer for damage caused to the Carrier or third parties.

7.9. Improper packaging of shipments is packaging that does not protect the contents of the shipment from normal transportation hazards and does not ensure that the transported shipment does not harm other shipments. More about proper packaging of parcels https://www.toras.lt/informacija

7.10. The Customer is responsible for proper and safe packaging of the Parcel and assumes full responsibility for compliance with these requirements. Any complaint by the Customer regarding damage caused by improper and/or insufficient Packaging may be rejected as unfounded.

8. Handing over the parcel to the courier:

8.1. The parcel is handed over to the courier at a pre-agreed place or to the sender’s address.

8.2. On the day (of collection) before arriving to pick up the parcel, the courier contacts the sender and agrees on a pick-up time. If it is impossible to contact the sender by phone on the day of collection, the company does not assume responsibility for any inconvenience caused by not picking up the parcel.

8.3. The courier is not obliged to deliver/take the parcel, the delivery/take-away service is additionally charged (the fee is not included in the price of the parcel).

9. Delivery of the parcel to the Recipient:

9.1. The courier delivers the parcel to a pre-agreed place or to the recipient’s address.

9.2. On the day (of delivery), before arriving to deliver the parcel, the courier contacts the recipient and agrees on the delivery time. If on the day of delivery neither the recipient nor the sender can be contacted by phone, and the recipient is not at home, the delivery of the parcel is postponed to the next scheduled day of the carrier’s parcel distribution.

9.3. The courier is not obliged to deliver/take the parcel, the delivery/take-away service is additionally charged (the fee is not included in the price of the parcel).

10. Items that are not transported:

10.1. Prohibited items – items and substances or products that, due to their chemical or physical properties, may pose a risk to human health, the environment or property and are included in the list of dangerous substances of the United Nations Committee of Experts; as well as any items, goods, materials, the carriage of which (transportation, export, transportation) is prohibited under the law of the state in whose territory the carriage is carried out, such as:

1. Tobacco products, alcoholic beverages.
2. Weapons and their parts, ammunition, explosives and explosive substances.
3. Narcotics and psychotropic substances.
4. Perishable food and non-food products.
5. Money, securities, precious metals and precious stones
6. Toxic or corrosive solutions.
7. Televisions, monitors.
8. Printed, audio, video or electronic material prohibited by law.
9. Human remains or body parts.
10. Items requiring special temperature, humidity or other conditions for transportation.
11. Items requiring special permits or exceptional conditions for transportation, export or carriage.
12. Items that, due to their properties, may harm other shipments or human health, the environment.

10.2. The Carrier assumes no liability for shipments accepted by mistake with items of the contents specified in this section. The Carrier has the right to stop the shipment at any stage in accordance with the established procedure and check the contents of the package if there is a suspicion that the shipment contains items prohibited for transportation that may pose a danger to human health or other shipments, or are prohibited for transportation to the territory of other states. In such a case, the Carrier shall take all necessary security measures. The Service Payer shall fully compensate the Carrier for any losses and expenses incurred as a result, regardless of the country in which they were incurred.

List of prohibited items: (included in https://www.toras.lt/informacija) We would like to draw your attention to the fact that when sending shipments to/from the European Union, you should check with the local customs office about the restrictions in force in that country regarding the items being sent.

The sender’s duty is to ensure that the items being sent comply with government regulations and laws applicable in all countries through whose territories the shipment travels.

The order for delivery of a shipment with the aforementioned items may be canceled without notice, the shipment may be detained by Customs and destroyed, and the customer may be prosecuted or imprisoned for attempting to conceal the dangerous and/or harmful substances or illegal goods being sent, and may be subject to significant fines. The Customer agrees to indemnify TORAS LT for any and all costs and fees that they may incur due to the detection of prohibited items and the violation of laws or regulations due to their shipment. The Carrier is not responsible and does not accept complaints for compensation if a shipment with prohibited items is delayed, detained, lost or damaged. Therefore, if you are not sure whether the item you are sending is not on the list of prohibited items and you want to receive more information, before ordering the delivery service, contact TORAS LT managers at [email protected] , +37063006033

10.3. If the Carrier notices that the Customer may be sending a Prohibited Item, the Order may be immediately canceled.

10.4. If the Parcel containing Prohibited Items was delayed, damaged or lost during transportation, a complaint in this regard cannot be submitted to the Carrier, and the payment for the service cannot be refunded.

10.5. If cigarette products are found in the Parcel, a fine of EUR 200 is applied for each 200 units of cigarettes found (if a smaller quantity is found, the fine is EUR 100); If tobacco products are found in the Parcel, a fine of EUR 200 is applied for each 200 g of tobacco products found (if a smaller quantity is found, the fine is EUR 100)

If alcoholic beverages are found in the Parcel, a fine of EUR 200 is applied for each unit of alcoholic beverage found.

If any items other than those listed above are found in the shipment, a fine of EUR 300 will be applied for each item found.

11. Sender’s guarantee:

11.1. The Sender guarantees that the entire cargo/shipment is properly packed, labeled, and all necessary and accurate details of the Sender and the Recipient are indicated on the package. In the event of an inaccurate address or telephone number, the cargo/shipment may not be delivered to the Recipient and may be returned to the Carrier’s warehouse. Such return of the shipment does not release the Sender from the obligation to settle with the Carrier.

11.2. The Sender guarantees that the cargo/shipment does not contain any items prohibited for shipment listed in clause 10. If the Sender violates clause 10 of the Rules provided for in the insurance, will have to compensate for all losses incurred by the Carrier and third parties as a result, including lost income and pay the Carrier the penalty provided for in paragraph 10.5 of the Rules, which, by mutual agreement of the Parties, is considered the minimum losses of the Carrier.

11.3. The Sender confirms and guarantees that he is properly familiar with the customs declaration procedure for shipments sent between the Republic of Lithuania and Great Britain, effective from 1 January 2021. https://lrmuitine.lt/web/guest/815 https://lrmuitine.lt/web/guest/815

11.4. The Sender guarantees that he has properly filled out and attached to the cargo/shipment the required PROFORMA https://toras.lt/forma, which contains all necessary and accurate information.

11.5. The Customer, having sent the Order, pays only the costs of transportation of the Shipment. The Carrier is not responsible for delays, detentions, and applicable taxes related to Customs procedures. Customs duties must be paid by the Recipient (or, with the consent of the Customs, by the Sender) before delivery of the Shipment.

12. Carrier’s liability

12.1. The Carrier is not responsible for the shortage or damage of goods if they were packed and labeled in violation of the requirements of paragraph 7 of the Rules.

12.2. If, due to the fault of the Carrier, the shipments are lost or damaged, items (goods) are missing or items (goods) are damaged, the Carrier shall compensate for the damage caused in accordance with the established procedure by submitting a written claim* as follows:

12.2.1 If, due to the fault of the Carrier, the shipment is lost or damaged, items (goods) are missing or items (goods) are damaged, and the shipment was sent using the services of the CARRIER, the maximum possible compensation is up to EUR 100.

*In the event that the Parcel is delivered damaged, it is necessary to note that the Parcel is damaged and take a photo of it with the Courier at the time of delivery. The photos will be needed when applying for compensation.

12.3. Indirect losses suffered, including loss of income or profit and non-pecuniary damage, including damage to reputation, are not compensated.

12.4. The Carrier does not compensate for damage if:

12.4.1. during the delivery of the parcels, force majeure circumstances arose, due to which the parcel disappeared, items are missing or damaged in the parcel, it is not possible to determine what happened to the parcel because the documents necessary for evidence have been destroyed, and the Carrier’s fault cannot be proven otherwise.
Note: Force majeure circumstances are the circumstances specified in Article 6.212 of the Civil Code of the Republic of Lithuania and the Rules on Exemption from Liability in the Event of Force Majeure, approved by the Government of the Republic of Lithuania of 15 July 1996 by Resolution No. 840;

12.4.2. the damage was caused due to the fault of the Sender, because he violated the requirements of the Carrier regarding packaging and packaging and labeling of the items (goods) to be sent, which are publicly announced on the website of the parcel service partner TORAS LT https://www.toras.lt/informacija and known to him, or handed over for delivery items (goods) prohibited for sending or items (goods) requiring a temperature regime, respectively unpacked and unmarked;

12.4.3. the damage occurred due to the natural properties of the items (goods) being sent, due to which they were completely or partially lost or damaged: broken, rusted, fallen off, broken, crushed, etc.;

12.4.4. if the package of the package is intact and in good condition at the time of delivery of the package, a separate act on the damage to the package packaging has not been drawn up in the presence of the Courier who delivered the package;

12.4.5. The carrier is not liable for the loss of data recorded on the sent magnetic, electronic media.

12.4.6 The client has not submitted a written claim within 10 (ten) business days from the date of dispatch of the package.).

12.4.7. TORAS LT is not liable for the shipment confiscated by a state institution in cases provided for by legal acts.

12.5. The Carrier is not liable and does not pay any compensation or other amount if any loss or damage is suffered, the shipment or part thereof is lost or damaged, delivered late or not delivered due to circumstances beyond the Carrier’s control, such as:

1. Lawful or unlawful actions or inaction of state officials or institutions, instances, resulting in traffic jams, queues, and other obstacles to the delivery of the cargo; Boycotts, strikes, slow work as a form of strike;
2. Natural disasters: severe storms, cyclones, blizzards, heavy snowfall, sea or river floods;
3. War (declared, undeclared), rebellions and revolutions, piracy, sabotage;
4. Procedures of customs or other state institutions
5. Other force majeure;
6. The nature of the cargo, its properties, inherent shortcomings, defects;
7. Payer’s instructions or instructions, failure to perform or improper performance of duties, other actions (omissions);
8. Actions (omissions) of the Sender or Recipient;
9. Violation of the provisions of these Rules, including preparation of inappropriate packaging, labeling, placing prohibited items in the shipment.
10. Actions (omissions) of persons not related to the Carrier;
11. Other circumstances specified in the legal acts of the Republic of Lithuania or international treaties;
12. In case of loss or damage to the packages packed and sealed by the sender, if the seal or branded protective adhesive tape is not damaged during transportation, and the package remains intact (undamaged);
13. In case of deletion of data on the transported magnetic, electronic media.
14. When the contents of the package consisted of non-transportable items specified in Section 10.

13. Complaints and claims

13.1. The Customer must submit a written claim about the damaged or missing Package no later than within 10 (ten) business days from the date of delivery of the Package or the preliminary date of delivery of the Package.

13.2. All complaints must be submitted in writing to TORAS LT [email protected] or if the Carrier and the Customer agree otherwise

13.3. The Customer must submit an official written claim to TORAS LT by the above- mentioned contact email address or by registered mail. When submitting a claim, the Customer must indicate the value of the Shipment, a description of the packages (their contents), the reasons for the claim, a copy of the goods purchase invoice (or other official document confirming the purchase of the goods), which clearly indicates (highlights) the value of the damaged and/or lost goods (Shipment), whether the items were new or used, as well as information about the sender, recipient of the Shipment, and to which account the money should be returned, etc. When submitting a claim, the Customer also has the right to submit photographs of the Shipment packages and/or its contents, as well as other information that may help to properly examine the claim. When submitting a claim, the Customer must provide detailed information, including his/her personal information, if the claim is submitted by a natural person, and all the details of the legal entity, including the current account number, if the claim is submitted by a legal entity. If the claim is submitted by a legal entity, the claim must be signed by a person of the Customer (legal entity) who has the right to sign such documents (claim). The Customer must submit the original of the claim with its duly certified annexes. In the event that the claim of the Customer (legal entity) is not signed by the Customer’s manager or another person (representative), in such case, a certified copy of the power of attorney/order granting the Customer’s representative the authority to sign the claim must be attached to the claim submitted by the Customer (legal entity). If the required documents are not submitted or if they are submitted later than the specified deadline, the claim is not accepted (reasonable rejection) and the losses are not compensated.

13.4. The damaged Shipment with all Packaging must be stored by the Recipient and available for inspection at the delivery address for the entire time the complaint is being considered.

13.5. If the fact that the Shipment was damaged during transportation is confirmed, the costs of repairing or acquiring the item shall be covered, in accordance with clause 12.1.

13.6. If the item sent is damaged beyond repair, the Recipient must present an official certificate from the repair center or an act of an independent loss assessment agency confirming this.

13.7. The examination of a claim for a lost Shipment may be carried out only upon receipt of a letter confirming the fact of the loss of the Shipment.

13.8. The Carrier must examine the Customer’s written claim for the loss, damage, etc. of the Shipment and submit a written response to the claim to the address (including e-mail) specified by the applicant (Customer) no later than 30 (thirty) business days from the date of receipt of the written claim with all documents necessary for examining the claim and making a decision. The processing time for international shipment claims may take up to 90 calendar days from the date of receipt of the written claim with all required documents.

13.9. If you are not satisfied with the response provided by the Carrier to your written claim regarding improperly performed services, you have the right to contact the Communications Regulatory Authority, which handles disputes between consumers and postal service providers out of court free of charge (address: Mortos g. 14, LT-03219 Vilnius, website: www.rrt.lt),

13.9. or the State Consumer Rights Protection Authority (address: Vilniaus g. 25, LT-01402 Vilnius, tel. 852626751, fax. (85)2791466, website: www.vvtat.lt), or fill out the application form on the ODR platform https://ec.europa.eu/odr/. Decisions made by institutions handling disputes out of court do not prevent you from going to court.

14. Data Protection:

14.1. During the transportation of cargo/parcels, all mandatory laws, regulations and rules regarding the protection of personal data and privacy will be complied with when processing personal data.

14.2. Personal data will be processed only to the extent necessary to fulfill the obligations for the transportation of cargo/parcels.