General Terms and Conditions regarding the Provision of the Service “Postal Money Transfer” of Delivery Solutions EOOD

I. General Provisions:

1.1. These general conditions (“General Terms” or “Terms”), together with any additional agreement to them, such as Application for postal money transfer, Receipt, contract or other document, which contain individually agreed terms between the parties, if applicable, govern the contractual relations between Delivery Solutions EOOD as provider of the postal service “Postal money transfer” and the Customers, who provide at an Access point to the Postal operator’s network an amount of money in cash and order the Postal operator in writing or electronically that the full amount be paid to the Recipient in cash without any deduction whatsoever.
1.2. The contract between the parties is considered concluded with the acceptance of the Postal Money Transfer (“PMT”) by the Postal operator at the respective Access point. From the moment of conclusion of the contract for Postal Money Transfer (the “Contract”) between the parties, these General Terms shall apply, which shall have binding effect on them, unless otherwise agreed. The application of the Terms in contracts with consumers – natural persons within the meaning of the Consumer Protection Act is confirmed in writing by the Consumer by signing the relevant documents upon handling over the PMT to the Postal operator. In the case of business deliveries in which the Customer acts in a professional capacity (“B2B“), it is assumed that the Sender is familiar with the General Terms and accepts them if he does not immediately object to their application.

1.3. By ordering the service Postal Money Transfer through the postal operator the Customer expressly agrees that any contracted service can be provided through subcontractors of the Operator, the latter retaining contractual liability to the Customer.
1.4. These general conditions shall be published on the Postal operator’s website page www.sameday.bg and also a copy of them will be placed in an easily accessible and visible to the Customers places in all Access points of the Postal operator.
1.5. The individual contracts concluded between the Postal operator and the Customer will prevail over the General Terms.

II. Definitions:

“Postal money transfer” (“PMT“) means a postal service where at the Access point to the network of the Postal Operator licensed under Art. 39, item 3 of the Postal Services Act, the Sender hands over a sum of money in cash and orders the Postal Operator electronically or in writing on paper to pay the full amount in cash to the Recipient without any deduction;

2.1. “Postal operator” or “Operator” means “Delivery Solutions” EOOD, entered in the Commercial Register and Register of Non-Profit Legal Entities under UIC 206957949 with headquarters and registered address: Mladost District, 40 Tsarigradsko Shosse Blvd., 2 fl., 1750 Sofia, Bulgaria, as well as any subcontractor, as a person with whom a Contract for the provision of PMT has been concluded in accordance with the law;
2.2. “Postal network” is a set of organizationally and technologically interconnected units and means, which may include stationary and / or mobile post offices, postal agencies and outsourced post offices, exchange and sorting centers and connectors, transport and technical means built and used for the purpose of carrying out of postal money transfers;
2.3. “Access point” is the place for access to the postal network, where senders hand over and the operator /cashier/ accepts requests for postal money transfers. This is a stationary or mobile post office, post agency or remote post office, where senders hand over and the operator accepts postal money transfers (PMT).

2.4. “Acceptance of PMT” is an activity of the Postal operator involving the receiving of the PMT deposited by a Sender at the Access point.

2.5. “Transfer of PMT” is activity of the Postal Operator, including the process from the Acceptance of the PMT to notifying the Recipient of its receipt.
2.6. “Delivery of PMT” is activity of the Postal operator which includes the notification to the Recipient for the PMT until the factual payment of the amount.
2.7. “Date of submission of the PMT” means the date of the Acceptance of the PMT.
2.8. “Delivery receipt” is an additional Service through which the Postal operator informs the Sender of the PMT for its Delivery to the Recipient or to a person authorized by him/her.
2.9. “Withdrawal of PMT” means an additional service in which the Originator fills in and submits an application form in the system of the Postal Operator for withdrawal of his PMT. The withdrawal can be made until the moment of payment of PMT to the Recipient.
2.10. “Cancellation of PMT” is an action of the Postal Operator, performed at the request of the Originator or at the initiative of the cashier, when an error is found when ordering PMT and the amount is returned immediately to the Sender. The cancellation can be done until the moment of payment of the PMT to the Recipient.
2.11. “Sender”/“Originator“ – the natural or legal person who is indicated on the PMT as a Sender of the amount;
2.12. “Recipient” – the natural or legal person who is indicated on the PMT as a recipient of the amount;
2.13. “Consumer under Consumer Protection Act” – any natural person within the meaning of the Consumer Protection Act who uses PMT Services outside the scope of his/her commercial or professional activity;
2.14. “Customer” – any natural or legal person who uses the service PMT as a Sender or Recipient;
2.15. “Data protection” means that the Postal operator, as administrator, manages the personal data provided by its consumers and customers (also called “data subjects”) in full security, according to the Regulation (EU) 2016/679 (‘General Data Protection Regulation’ or ‘GDPR’).
2.16. “Consumer protection” means the Consumers Protection Act, SG No 99/ 9.12.2005 that regulates the protection of the consumer, the power of the state authorities and the activity of the associations of the consumer in this regard.

III. Scope and characteristics of the performed services. Delivery term of the PMT.

3.1. These General Terms apply to all services “Money postal order” and Additional Services provided in relation to the PMT by “Delivery Solutions” EOOD on the territory of the Republic of Bulgaria, which fall within the scope of the non-universal postal service within the meaning of the Postal Services Act (“PSA“).
3.2. The Postal operator offers additional services to PMT as:
3.2.1. Delivery receipt;
3.2.2. Renewal of the term under art. 3.7.2. of the current Terms;

3.2.3. Withdrawal of PMT;
3.3. The services Renewal of the term, Withdrawal of PMT, Destination change are offered only until the moment of payment of PMT.
3.4. The service Delivery Receipt for PMT is performed within 5 (five) working days of the payment.
3.5. Delivery term of the PMT
3.5.1. Depending on the service chosen by the Customer, PMT can be Delivered within the following terms:
3.5.1.1. Regular PMT with delivery time and possibility for payment within 24 hours from the time of the transfer order and within the first working day following the day of the order.
3.5.1.2. PMT with accelerated delivery and the possibility of payment within 12 hours from the time of the order of the transfer, within the working day or the first working day following the day of the order.
3.6. PMTs which are not paid to the Recipient within 20 (twenty) days from the date of the order are registered in the information system of the Postal operator and the latter takes action to return them to the Originator.

3.7. Time limit for the return of non-received PMT
3.7.1. Senders are invited via electronic message and / or written invitation to receive the amount back at the office where they ordered it, when the amounts under the PМТ have not been paid to the Recipient, due to the fact that they have not been claimed within the term under Art. 3.6, Recipients have refused to receive them, have left at an unknown address, are unknown at the specified address, the specified address is insufficient or does not exist. The amounts are returned to the Sender within 10 days of establishing the impossibility of payment, for which the Sender is explicitly notified. within 10 days from the expiration of the term under art. 3.6. In case of impossibility to inform the Originator and after three attempts to find him/her through the contact details indicated by him, the PMT is deposited in the bank account of the Postal Operator at the expense of the Originator for a period of one year, after which they remain in favour of the Postal operator. The return fees are at the expense of the Originator.
3.7.2. The Recipient may not request payment of the PMT after the expiration of the 30-day period, provided that neither the Sender nor the Recipient has submitted a request for renewal of the period. An additional fee is due for a request for renewal of the term, in accordance with the Tariff of the Postal Operator. After the expiration of the maximum 30-day period, the PMT is returned to the Sender under the conditions of Art. 3.7.1.
3.8. The Postal operator reserves the right to add, change or remove at any time different categories of services to the PMT as it sees fit, in accordance with its business model and its own marketing plans.
3.9. The Postal operator offers and provides services related to domestic postal money transfer.

IV. Conditions for access. Conditions for accepting and payment of PMT

4.1. Conditions for access
4.1.1. The Postal operator provides equal access to the PMT provided through its Postal network to all Customers, on pre-announced working days and working hours.
4.1.2. The service is provided through technological network of central and local offices (Access points) of the Postal operator and through offices and cashiers engaged in providing services under contract with the Operator. The Access points list is accessible on the website of the Operator www.sameday.bg. The technological network is connected and operates through a software system administered by the Postal operator. The software system ensures the acceptance, registration, coordination, sending and Delivery of the PMT.
4.2. Conditions for accepting the PMT
4.2.1. For the provision of PMT the Originator drafts an Application form for ordering money transfer (the “Application”) where the identification data of the Sender, Recipient, the amount of sum and the place of payment are written. The Originator enters in the Application his address, phone number, PIN and/or client number, the amount of the PMT, the office where he/she wishes the PMT to be paid, as well as the three names and phone number of the Recipient. The Application is drawn up in two original copies – one for the Postal operator and one for the Originator and is signed by the latter.
4.2.2. The cashier accepts the amounts in cash from the Originator, verifies compliance with the requirements of the General Terms, certifies the transfer by sealing the Application and confirms electronically the acceptance of the transfer in the processing system. Each Application is generated with unique number, date, time, and place of printing, the names and signatures of the cashier and the Originator and the postal stamp of the Postal operator.
4.2.3. The maximum amount which can be transferred through the Postal operator PMT is BGN 9000.
4.3. Conditions for payment of PMT
4.3.1. Within 2 hours from the order of the PMT, the Recipient is sent an invitation for its payment by electronic means of communication. If for any reason this notification cannot be made, a paper invitation shall be sent to the Recipient within 24 hours.
4.3.2. The condition for payment of PMT is the provision of the following personal data of the Recipient: three names, and PIN, respectively Personal number of a foreigner (“PNP”) for individuals, name and UIC for legal entities, as well as complete identification data of the authorized person, the amount of PMT, the place of ordering. The personal data is stored by the Postal operator within the legally prescribed 5-year period. Prior to the PMT payment, the cashier prints a receipt (“Receipt”) where the Recipient fills in front of the cashier the described data under his ID card.
4.3.3. In case the Recipient is not able to sign the receipt, it is signed by two witnesses by filling in the data from their ID cards. If the transfer is addressed to a person under 14 years of age, the PMT is paid to his / her legal representative, and if the person is from 14 to 16 years of age, the PMT is paid personally to the Recipient in the presence of a parent / guardian or other legal representative.
4.3.4. The postal money transfer is paid in cash to the Recipient or to a person authorized by him with a power of attorney with notarized signature and after identification with an identity card and the provision of data under art. 4.3.2.
4.3.5. All amounts under the PMT are paid in cash, in Bulgarian lev (BGN), at the Access Point of the Postal Operator, as specified by the Sender.
4.3.6. The General Terms apply for any matters which are not individually settled with the Receipt.
V. Method of payment of the service PMT
5.1. The price for the postal money transfer service, as well as for the additional services to the PMT, is determined and paid in accordance with the Tariff of “Delivery Solutions” EOOD, published on the website sameday.bg, also available in every physical office of the Operator.
5.2. The service fee for PMT can be paid either in cash or by bank transfer to a bank account indicated by the Postal operator, at the latest at the time of Acceptance of the PMT at the Access point of the Postal operator. Exceptions are PMTs which are the subject of services offered / provided under an individual contract concluded in addition to the commercial offer, in which case the service fee can be paid, either in cash or by bank transfer, on the basis of a invoices issued bimonthly or monthly.
5.3. For all additional services to the PMT, a separate remuneration is due and paid to the Postal Operator. The Postal operator shall provide the prices of its services to the Communications Regulation Commission 10 days before their entry into force.

VI. Liability of the Postal Operator
Liability and compensations

6.1. The Postal operator shall be liable in all of the cases provided by law for damages caused in the event of non-compliance with the delivery terms, unpaid or mispaid sums of money under the PMTs. The compensation is subject to the condition that the Customer submits in writing its complaint as described in art. VIII.

In the cases under Art. 6.1 The Sender or the Recipient shall be entitled to compensation in the following amounts:
6.1.1. For unpaid amounts under the PМТ or for their payment to ineligible persons due to the fault of the Postal Operator, the latter shall be liable equal to the amount of the transfer, which he is obliged to refund. In addition to this, the Postal Operator shall owe triple the amount of the PМТ fee.
6.1.2. In case of delayed payment of the PMT due to the fault of the Postal Operator, the latter is responsible and owes compensation in triple amount of the fee for PMT.

VII. Limits of liability

7.1. The Postal operator shall be exempted from liability in the following situations:
7.1.1. In case of non-performance of the service, consequence of force majeure;
7.1.2. When due to an incomplete or incorrect address, the PMT is not paid to the Recipient or is paid to another person;
7.1.3. When the PMT Sender or Recipient has not submitted a written complaint within the terms provided for in these Terms;
7.1.4. For delayed or non-performed PMT due to incomplete or incorrect address;
7.1.5. For unpaid amounts, where the Originator has not asked for their return within the terms under art. 3.6.
7.2. The Postal operator shall not be liable and cannot be held liable for indirect losses (loss of profit, income, interest, sales markets, auctions) or other indirect damages caused by delay and/or non-delivery of PMT.

VIII. Complaints resolution mechanism

8.1. Submission of the complaint
8.1.1. Any complaint regarding PMT will be made by Sender/Recipient in writing, by completing a Request for complaints (Appendix 1 of the current Terms). The Request for complaint shall be sent to the management address of the Postal operator either by a postal service 1with acknowledgment of receipt, or will be filed at Postal operator’s headquarter or by e-mail to the address [email protected]. After the submission of the complaint, the Customer will receive an acknowledgement for the receipt of the complaint that will be communicated/handed to the complainant in the same way in which it was received, unless otherwise agreed.
8.1.2. The right to complaint has:
– the Sender or his authorised representative;
– the Recipient or his authorised representative.
8.1.3. The subject of the complaint may be:
– Delayed payment, unpaid or incorrectly paid amounts under the PMT;
– complaint from the professional conduct of Postal operator’s staff;
– any other objections regarding the quality of services or non-provision of services.

8.2. Deadlines for receiving and handling complaints
8.2.1. The deadline for submitting the complaint addressed to the Postal operator, is 6 (six) months and is calculated from the date of acceptance of the PMT.
8.2.2. The complaint may be lodged by the Sender / Recipient or their legal proxies and shall be accompanied by relevant evidence, supporting the claims for Operator’s liability in order to provide for a correct and complete analysis corresponding to the claimed event (such as, where applicable, a copy of the Application/Receipt for the receival of the sum, copy of the document which certifies the payment of the PMT service, the receipt / invoice issued by the Postal operator, a copy of any other evidence in support of the claim).
In order to resolve the complaint, the complaining Customer will have to identify the PMT (via the Application provided to him/her), describe the event (facts, acts and causes) related to the complaint, formulate his/her claims, the method of payment chosen in case of compensation and provide the information necessary for the payment of compensation in accordance with the chosen method, as well as the communication / contact data.
8.2.3. The Sender / Recipient shall be entitled to compensation only if the claim has been filed within the time limit set out above.
8.2.4. The Postal operator examines the claim and notifies the Customer in writing for the result within 1 (one) month.
8.2.5. If the Customer has duly submitted a complaint and it is rejected in whole or in part, or if the Customer does not receive response within the response period, the latter may submit a written request to the Commission for Regulation of Communications for opinion on the dispute. This proceeding is not an obstacle to asserting the rights of the complainant in court.
8.3. Compensation rules
When the complaint is accepted the payment of compensation shall be made within 1 (one) month from the date of notifying the complainant on the result of the claim. The compensation is payable in cash, at one of the Operator’s offices or by bank transfer to a bank account depending on the request of the entitled complainant.

IX. Rights and Obligations

9.1. Sender has the right to:
• Have the PMT delivered pursuant to these Terms, the special instructions as stipulated in the Application form and any other written agreement with the Postal operator, if any;

• Receive information about the present Terms and the applicable tariffs to the provided services;

• Cancel a request for PMT service in accordance with the current Terms;
• Manage the PMT as he or she sees fit including disposing of them, bearing all expenses arising therefrom, until their delivery to the Recipient.

9.2. Senders are obliged to:
• Request the PMT service in accordance with these Terms, by filling in all documents and providing all data for the transfer;
• Provide full and correct information about the Sender, Recipient and the amount of money, so that the Application can be correctly filled in as required by the Terms;
• Pay any and all due fees for the provision of PMT service and for the additional services (if any)
• Indemnify the Postal operator in the cases provided by law
9.3. The Postal operator has the right to:
• Require correct, accurate, and complete filling of all data necessary for the implementation of the PMT;
• Receive in cash the full amount to be transferred under the PMT;
• Receive and claim payment of the remuneration for the provided services;
• Organize and perform the services at its discretion by Accepting, processing, redirecting, and Delivering PMT, using tools or subcontractors at its discretion as long as this does not lead to any additional charges for the Sender which are not included in the contract, or breach of contract.
9.4. The Postal operator is obliged to:
• Ensure equal access of all Senders to all services which it provides;
• Keep the privacy and confidentiality of the correspondence during and after the completion of the provision of the service as well as to respect the laws governing Data protection;

• Ensure the safety of PMT;
• Have the following readily available and visible: The General Terms and Conditions, Up to date Tariff, Information about locations serviced by the Postal operator, Operator’s working hours, deadlines for filing claims, and the compensation that can be received if the claim is founded;

• Provide the PMT as described in the General Terms, the Application form and the other individual agreements;
• Compensate the Senders who suffered losses caused by acts or omissions of the Postal operator as stated in the Conditions;
• Review and take actions on claims by Senders.

X. Transitional and final provisions

10.1. The secrecy of PMT, documents and other postal parcels is guaranteed by law. All persons involved in carrying out the activity of postal services are obliged to ensure the confidentiality of postal items and PMT – the retention, opening or disclosure of the contents of postal items, respectively the disclosure of details of the PMT is allowed only under the conditions and with the procedure provided by law.

10.2. It is forbidden to violate or disclose the content of correspondence or other details regarding the PMT, to provide information about those who use the postal services or to facilitate and encourage such acts.

10.3. Details of PMT considered criminal offense or related to criminal offence may be made available to criminal prosecutors or courts, but only on the basis of the written provision, given by the competent person under the provision of the applicable national legislation.

10.4. PMT belong to the Sender until they are delivered to the Recipient.

XI. Procedure for settlement of disputes

11.1. All disputes between the Postal Operator and the Customers shall be resolved in a spirit of goodwill and mutual concessions, through negotiations and understanding, with good faith respect for the interests of both parties. If the parties fail to reach a voluntary settlement of the dispute, either party may request the assistance of the Communications Regulation Commission or another competent authority and may refer the dispute to the competent Bulgarian court.

11.2. If the complaint submitted by the Customer is rejected in whole or in part or if the Postal Operator does not rule on it within the statutory period, the claimant has the right to submit a written request to the Commission for Regulation of Communications for an opinion on the dispute. Submitting a request to the Commission is not an obstacle to exercising the Customer’s rights in court.