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Terms and Conditions

General Terms and Conditions for the Provision of Courier Services by “Delivery Solutions” Ltd.

I. General Provisions:

 

1. These general terms („General Terms” or only „Terms”), together with any additional agreements to them, such as any consignment note, contract or other document containing individually agreed terms of the service, if applicable, shall govern the contractual relations between Delivery Solutions EOOD (hereinafter referred to as the „Courier”), as a courier service provider, and the Customers, who submit to us Parcels for Acceptance, sorting, carriage and Delivery.

2. The contract between the parties is considered concluded with the acceptance of the Parcel by the Courier at the respective Access Point. From the moment of conclusion of the Courier Service contract (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, shall be confirmed in writing by the Consumer by signing the relevant documents upon handing over the Parcel to the Courier. 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/she does not immediately object to their application.

3. By using the Courier Services, the Customer expressly agrees that any contracted service can be provided through subcontractors, where the Courier retains their contractual liability to the Customer.

4. These General Terms shall be published on the Courier’s website sameday.bg and also a copy of them shall be placed on a place easily accessible and visible to the Customer at all Access Points of the Courier.

5. The individual contracts concluded between the Courier and the Customer shall prevail over the General Terms.

 

II. Definitions:

 

1. “Access points” means a fixed or a mobile post office, a sub-post office or an outreach post office service point, where Senders hand in, and the Courier accepts Parcels, as well as letter boxes and other facilities (automatic post offices) provided for the public, located on places accessible to the Senders.

2. “Additional Services” means services such as Declared Value, Delivery
Receipt, Return documents, Cash on Delivery, Open/Open before payment, and other personal services provided to Courier Service Customers upon additional arrangement and payment.

3. “Contact Points” means the set of physical facilities through which Courier Parcels can be delivered to Recipients;

4. “Acceptance of Courier Parcel” is an activity of the Courier involving the collection of Courier Parcels deposited by Senders at the Access points.

5. “Courier Services” means services within the scope of the non-universal postal service, which guarantee greater speed and reliability of acceptance, carriage, and delivery of Parcels personally to the Recipient, as well as the provision of Additional Services as described in the current Terms.

6. “Courier Network” means the system of organisation and resources of any kind that is used by the Courier Service Providers, mainly for:

6.1. Acceptance of Parcels;

6.2. Carriage and handling of Parcels from Access Points to distribution centres;

6.3. Distribution of the Parcels to the indicated addresses;

7. “Consumer under Consumer Protection Act” – any natural person within the meaning of the Consumer Protection Act who uses Courier Services outside the scope of his/her commercial or professional activities.

8. “Consumer Protection” means the Consumers Protection Act, prom. SG No 99/ 9.12.2005 that regulates the protection of the Consumer, the powers of the state authorities and the activities of the consumer associations in this sphere (https://kzp.bg).

9. “Courier” means Delivery Solutions EOOD, entered in the Commercial Register and the Register of Non-Profit Legal Entities under UIC 206957949 with headquarters and registered address: Sofia, 1784, 7th Kilometer Quarter, 143 Tsarigradsko shose Blvd, 4th floor, as well as any subcontractor, as a person with whom a Contract for the provision of Courier Services has been concluded in accordance with the law.

10. “Courier Parcel” or only „Parcel” means domestic and/or international postal parcels with a maximum weight of 31.5 kg containing goods with or without commercial value;

11. “Customer” is any natural or legal person who uses a Courier Service as a Sender or as a Recipient.

12. “Delivery” means the operation of delivery by the Courier Service Provider for Courier Parcels, which starts with the acceptance of the Parcel and ends with its handing over to the Recipient in the manner specified by the parties;

13. “Distribution” means the process that begins with the sorting of Parcels and ends with their Delivery to the Recipients;

14. “Date of Submission of the Parcel” means the date on which the Parcel was Accepted.

15. “Declared value” means Additional service where the postal operator assumes liability up to the amount of the value of the contents of the Parcel as declared by the Sender in the event of loss, theft or damage.

16. “Delivery receipt” is an Additional Service through which the Courier informs the Sender of the Parcel for its Delivery to the Recipient or to a person authorized by him/her.

17. “Return documents” is a pre-ordered documentary Parcel, which the Courier accepts from the Recipient and delivers back to the Sender.

18. “Cash on delivery service” is an additional service where the Courier Parcel is delivered to the Recipient in return for a payment of amount as specified by the Sender.

19. “Open/Open before payment” is additional service where the Sender explicitly authorizes the Recipient to inspect the Parcel upon delivery, and when using the additional service “Cash on Delivery” – to pay the amount due of the Cash on delivery only if he/she decides to accept the Parcel.

20. “Improperly Packed” is a Parcel, which does not conform to the requirements for proper packaging as stipulated in these Terms.

21. „Properly Packed“ is a Parcel which is prepared and packaged by the Sender for its safe carriage, according to the nature and size of the goods, which are contained therein, and taking into account that the Parcel will be subject to carriage and sorting in appropriate logistics centres, subject to all applicable contracts, laws, regulations, and rules, including those governing any packaging requirements, marking and labelling. Further instructions for proper packaging can be found in these General Terms, as well as on the Courier’s website sameday.bg, section Packaging.

22. “Recipient” – the natural or legal person indicated on the consignment note as an addressee of the Parcel;

23. “Sender” – the natural or legal person which is indicated on the consignment note as a Sender of the Parcel;

24. “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’).

 

III. Scope and characteristics of the services performed

 

1. These General Terms shall apply to all Courier Services and Additional Services provided 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”).

2. The Courier services provided by the Courier include:

2.1. Delivery of domestic non-palletized Parcels on the territory of the Republic of Bulgaria, including the delivery of domestic or international Parcels, assigned by another postal operator;

2.2. Delivery of international non-palletized Parcels via road or air means of transport;

2.3. Additional services, provided to the Courier services, are:

2.4. Declared value;

2.5. Delivery receipt;

2.6. Return documents;

2.7. Cash on delivery;

2.8. Open/Open before payment;

2.9. A fuel fee is included in the prices for courier services (excluding additional services). The fuel fee, as well as the tariff itself and all price conditions, are available on our website www.sameday.bg.

2.10. The description of the different categories of Courier and Additional Services provided by the Courier can be found also in the “Delivery solutions” EOOD Tariffs, freely available in every physical office of the Courier, as well as published on the website at: sameday.bg, Section “Services”.

2.11. The Courier reserves the right to add, change or remove at any time different categories of services as it sees fit, in accordance with its business model and its own marketing plans.

2.12. The type of Parcels that are the subject of the services offered and provided by the Courier: domestic and international.

 

IV. Conditions for access, accepting and Delivery of Parcels

 

1. In order to be accepted for carriage by the Courier the Parcel must be packed and labelled (where applicable) according to the nature of the article which is being sent and corresponding to the weight, shape and nature of the content of the Parcel, and the mode and duration of carriage, by ensuring an opaque outer shell so that the contents cannot be viewed and access to the contents of the Parcel is not possible without leaving traces.

2. The Courier shall provide equal access to its services to all Customers, on pre-announced working days and working hours.

3. More information on Properly Packed Parcels can be found on the website sameday.bg where punctual recommendations and instructions on the packaging of Parcels is available, mainly depending on the nature of the goods that may be subject to Courier Parcels.

4. The Courier will be able to accept for carriage Parcels having as object goods for which, by legal administrative, economic, sanitary, veterinary, phytosanitary and other similar provisions, special conditions of carriage and preservation are established, only insofar as, at the time of requesting the service, all necessary permits and authorizations for the carriage, handling and storage of such goods are established.

5. Each Parcel must be accompanied by a consignment note or other equal document), which must include all the information necessary to deliver the Parcel to the destination, clearly, correctly and completely, regarding the following: the address of Acceptance and Delivery, the contact persons of the Sender and the Recipient and their telephone numbers, the type of service, the amount to be paid by the Recipient in the case of Cash on Delivery service, the declared value of the Parcel, in the case of a Declared Value service, and any relevant information required in the fields of the consignment note.

6. The Courier has the right to open and inspect the Parcel only in the cases provided by law, for which it shall prepare a proper protocol with a description of the actions and indicating the name of the Courier’s relevant employee who performed them. This protocol shall be kept by the Courier for 1 year from the performance of the action, unless otherwise provided by law or order of a state body.

V. Packaging and labelling conditions of the Parcels

 

1. The packaging of Parcels is a responsibility of the Sender.

2. In order to be accepted for carriage in the Courier Network of the Courier, the Parcels must also meet the following additional packaging conditions, further to the ones already described:

– the packaging of the Parcel must be carried out in accordance with the nature of the goods, subject to carriage, and the Parcel must be packed in such a way as to prevent damage to the contents during both manual and mechanical handling thereof;

– the packaging must not allow the contents to be damaged by successive handling, pressure, and may be carried out, as appropriate, using boxes made of cardboard, plywood, wood, plastic, metal, or other packaging of similar material;

– the strength of containers Parcel used for the Parcels must be ensured as to not allowing the contents to leak or be spilled during carriage, sorting, handling of Parcels and/or damage to facilities used in the process of sorting, handling, carriage and Delivery of Parcels or other items postal or other goods;

– Parcels must be closed by the Sender. Unsealed Parcels are not accepted/ received;

– the type of packaging is determined by the method of carriage, so the contents of the Parcels are sufficiently protected against handling caused by the related equipment, various climatic conditions, where appropriate, and mechanical handling;

– Parcels containing fragile goods must be properly packaged and labelled by the Sender, using bubble wrap, shavings, shock-resistant polystyrene or other material that attenuates mechanical shock, and have the inscription “Fragile” affixed.

3. The Courier undertakes to recognize and respect the inscriptions/ labels applied by the Sender and to pay special attention to the handling, carriage and storage of the Parcels in question.

4. The Sender must ensure that the goods to be shipped will not be packed in several individual Parcels linked/ caught together, circulating under the same single transport document/consignment note.

5. Each Parcel must contain the Recipient’s identification data (full name/ legal entity name and full delivery address and, preferably, the telephone number where the Recipient can be found, as well as the Sender’s details). In the case of Parcels for which the Cash on Delivery service is ordered, it is mandatory to also mention the Sender’s details (full name/ name of the legal entity and full address). The Sender is responsible for the correctness of the data entered on the Parcel.

6. It is considered that the Parcel is Properly packed, if it is accepted for carriage by the Courier

 

VI. Exceptions to Acceptance, Sorting, Transport and Delivery

 

1. Parcels consisting of goods, the carriage of which is prohibited by law, or even only in part;

2. Parcels whose packaging bears inscriptions contrary to public order or morality, as well as Parcels consisting of goods contrary to public order or morality;

3. Parcels featuring old labels or inscriptions not removed;

4. Parcels relating to goods of special value, coins, banknotes, currency notes, traveller’s cheques, genuine jewellery, precious stones, genuine pearls, platinum, gold or silver, whether processed or not, precious metals, antiques, works of art, paintings, furs, carpets, unprotected furniture, glassware or porcelain; counterfeit goods, negotiating instruments, money, valuables, original documents, passports, securities, credits, checks or similar;

5. Parcels that, by the way of packaging, can cause damage to goods or endanger people, the environment, etc.;

6. Perishable goods, food, live or dead animals, materials for medical or biological examinations, medical waste, human or animal remains, body parts or organs, cigarettes and tobacco;

7. Dangerous goods, except in cases where for the acceptance of Parcels concerning such goods, following prior consultation with the Courier, a special contract has previously been concluded between the Sender and the Courier for that, and insofar as the Courier holds all the necessary permits and authorizations for the carriage, handling and storage of such goods;

8. Parcels for which the service fee must be paid on Delivery from their Recipient, except in cases where they are the subject of a special contract concluded between the Sender and the Courier (issued on the basis of individual offers consulted and negotiated between the parties) on the method of paying the Courier’s fee.

9. Narcotic, anaesthetic, psychotropic and toxic substances;

10. Weapons, ammunition, pyrotechnic articles, explosives, flammable or other dangerous substances and items;

11. Immoral items;

12. Items which, by their nature or packaging thereof, may expose the life or health of postal officers or any other persons to danger, or may contaminate or damage any other Parcels and equipment;

13. Religious materials of cults and organizations banned or not registered in the Republic of Bulgaria

14. Movable cultural monuments which are not accompanied by an issued authorisation or certificate;

15. Any excise goods and tobacco waste, the holding, moving, transportation, supply, and sale of which are prohibited by the EDTWA;

16. Bottled alcoholic beverages with CN code 2208 (brandies, liqueurs and other spirits) with excise labels indicating a nominal quantity in litres lower or higher than the capacity of the bottle (Art. 99 (1) item 2 of the Excise Duties and Tax Warehouses Act (“EDTWA”); without excise labels, when required, with false or forged excise labels or excise labels with expired validity (Art. 99 (1) item 3 EDTWA); or with excise label DUTY FREE (Art. 99 (1) item 4 EDTWA); (non-bottled) alcoholic beverages with CN code 2208 and of an alcoholic strength equal to or exceeding 15% vol. (Art. 101 (1) and (2) EDTWA), alcoholic beverages with CN code 2208 and having an alcoholic strength equal to or exceeding 15% vol. in plastic packages (bottles) of more than 0.5 litres (Art. 101 (3) and (4) EDTWA), as well as

17. Energy products as per the EDTWA;

18. It shall be inadmissible to insert in international Parcels, including in such with Declared Value, any other substances and items specified as prohibited in any international treaties, as well as any items which as prohibited for importation and distribution in the country of destination. Information on prohibited items under this clause for the country and for the other served destinations will be provided on site at every office of the Courier or upon request.

19. In case of suspicion of placing prohibited substances or objects, upon acceptance, the Courier will require the Sender’s consent to perform an inspection. If the Sender refuses, the Parcel will not be accepted.

20. If there are sufficient grounds to believe that an accepted Parcel contains any substances/ items that are prohibited in accordance with these Terms, the Courier, together with the inspector, shall detain the Parcel and request written consent from the Sender or Recipient to open it. In case of refusal or absence of response, the Courier will notify the competent authorities of any follow-up actions.

 

VII. Conditions for Acceptance Regarding the Form, Dimensions, and Weight of Parcels. Payment

 

1. The Courier shall accept Parcels with the following maximum dimensions, weight, and form:

1.1. For domestic non-palletized single-parcel Parcels: maximum chargeable weight per parcel up to 31.5 kg. For multi-parcel Parcels, the maximum chargeable weight per Parcel is up to 100 kg. Maximum parcel length within a Parcel (the longest side): 300 cm. Girth plus maximum length: 500 cm (girth = 2 × height + 2 × width).

1.2. For international non-palletized Parcels: for single-parcel Parcels, the maximum chargeable weight per parcel is up to 31.5 kg, and for multi-parcel Parcels, the maximum chargeable weight per Parcel is up to 100 kg. Maximum parcel length within a Parcel (the longest side): 300 cm. Girth plus maximum length: 500 cm (girth = 2 × height + 2 × width).

1.3. For delivery to an automated parcel station (“Automat”), only single-parcel Parcels with dimensions of 60 × 35 × 37 cm and a maximum actual weight of 20 kg are accepted. Parcels with different dimensions or weight are accepted only after confirmation of the request by the Courier.

1.4. For envelopes: maximum weight 3 kg, with dimensions 210 mm × 297 mm (A4 format).

1.5. The minimum chargeable unit is 1 kg. Weight is rounded up when it exceeds 0.01 grams.

1.6. For the purposes of correct invoicing, the Courier reserves the right to measure and weigh Parcels included in its courier network.

1.7. Each Parcel is identified within the Courier’s network by a unique transport number (waybill).

1.8. Delivery of the Parcel shall be made to the address specified by the Sender, personally to the Recipient or to a person authorized to receive the Parcel (whose details must be entered in the waybill or another accompanying document), or to the Courier’s contact point (staffed or unstaffed, including an automated delivery system / automated parcel station), according to the Client’s instructions. Delivery to an automated delivery system / automated parcel station (locker) is performed every day of the week.

1.9. The Courier offers and provides additional courier services, including Declared Value, Acknowledgement of Receipt, Return of Documents, Cash on Delivery, Open / Open Before Payment.

1.10. The Sender has the right to dispose of the Parcel until it is delivered to the Recipient, including, for an additional fee, changing its destination. A change of destination is offered and provided by the Courier only insofar as the new delivery address is within the same country specified in the address at the time of submission of the Parcel (initial address).

1.11. The Sender may use the additional service “Declared Value” and declare a value for a domestic courier Parcel of up to EUR 5,112.92 (BGN 10,000). In such cases, the Parcel may be subject to full or partial compensation, depending on the circumstances, if the loss or destruction occurred due to the Courier’s fault and if the Sender has prepaid an additional fee for this service amounting to 1 percent of the Declared Value. The Courier does not offer or provide the additional service “Declared Value” for international courier Parcels.

1.12. The Courier also provides the Cash on Delivery service (“Cash on Delivery” or “COD”), with a maximum cash refund limit for domestic courier Parcels of EUR 5,112.92 (BGN 10,000).

1.13. The permitted currency in which acceptance and payment of amounts may be made in the case of Cash on Delivery is Bulgarian lev (BGN).

1.14. The final deadline for returning to the Sender the amount collected from the Recipient under the Cash on Delivery service is 3 (three) business days from delivery.

1.15. The Sender may submit Parcels at the Courier’s offices or may request collection from an address specified by them, regardless of the type of service requested.

1.16. Payment for the service may be made either in cash or by bank transfer to the bank account specified by the Courier, no later than the moment the courier Parcel is handed over to the Courier’s network. Exceptions apply to Parcels subject to courier services offered or provided under an individual agreement concluded in addition to the commercial offer. In such cases, the price for the service may be paid either in cash or by bank transfer, based on invoices issued bimonthly, monthly, or in another manner agreed between the parties.

VIII. Storage and Return Periods for Parcels

 

1. With the exception of Parcels subject to Additional Services, in the event that delivery of a Parcel to the Recipient (or an authorized person) is not possible, the Courier shall notify the Recipient by notice (written or via SMS) regarding the delivery attempt. After a minimum of three delivery attempts, the Courier shall store the undelivered Parcel at a Contact Point for a period of 7 (seven) business days.

2. Parcels that have not been delivered to the Recipient due to any of the reasons provided by law shall be returned to the Sender (with prior notice) to their address, or, in the event of an innocent impossibility to deliver to that address, shall be made available to the Sender at an appropriate Access Point / Contact Point of the Courier. The Parcels shall be returned in accordance with the Sender’s specifications, based on a delivery and receipt report, and shall be charged according to the commercial offer.
The final deadline for returning domestic Parcels is 5 (five) business days from the date of expiration of the approved storage period or from the date of the delivery attempt, as applicable.
The final deadline for returning international Parcels is 7 (seven) business days from the date of expiration of the approved storage period or from the date of the delivery attempt.

3. The Courier also offers an option for expedited return of the Parcel, without notifying the Recipient of the return and without holding the postal item at the Recipient’s disposal. Accordingly, if the Sender has submitted a written request at the time of submission to return the Parcel promptly, without notifying the Recipient and without holding the Parcel at their disposal, in the event that delivery to the Recipient is not possible, the Courier shall proceed with the return of the relevant courier Parcel in accordance with the Sender’s selected option, within the timeframe and pursuant to the procedure established in Article 6.2.

4. For the Acknowledgement of Receipt service for domestic Parcels, the deadline for sending the proof of Delivery (confirmed in writing by the Recipient) is 5 (five) business days from the date of Delivery.

5. The period within which the Sender may request proof of Delivery of the Parcel is 9 (nine) months from the date of acceptance of the Parcel. The deadline for providing such proof shall be 30 (thirty) calendar days from the date of the request, by a method agreed with the Sender (e.g. fax, email, paper copy, etc.), without additional costs incurred by the Sender.

6. Parcels that could not be delivered to the Recipient and were returned to the Sender shall be stored by the Courier for a period of 9 (nine) months from the date of submission. Upon expiration of this period, such Parcels shall become the property of the Courier.

7. The Courier shall deliver the Parcel to the Recipient or an authorized person only against signature on an attached receipt, on the waybill, on the delivery note, via electronic signature that converts the Client’s handwritten signature into a digital image applied to an electronic version of the documents without the need for printing, or via a PIN code sent by SMS to the mobile phone number specified on the waybill.
Notwithstanding the above, the application of a signature by the Recipient or authorized person does not exclude their obligation to prove their identity by means of an appropriate identification document.

IX. Guaranteed delivery times

 

1. The Delivery time for domestic Parcels is defined in accordance with the service used by the Customer as described in the Tariffs, accessible to all Customers in every physical office of the Courier, as well as on the website. For domestic Parcels, the delivery time is up to 72 hours.

2. If the guaranteed Delivery times for the service are exceeded due to faulty behaviour of the Courier, the latter is liable to refund the price of the service to the Customer, respectively could grant the Customer another free Courier Service, at the Customer’s request.

3. For international Parcels, the Delivery time is 12 (twelve) working days from Acceptance.

X. Liability of the Courier

 

1. Liability and Compensation

1.1. The Courier shall be liable, in all cases provided for by law, for damages caused in the event of loss, theft, total or partial destruction, or damage of a Parcel, if such circumstances occurred between the moment the Parcel was handed over at the Access Point and the moment of Delivery to the Recipient, as well as in cases of:
(a) failure to comply with delivery deadlines;
(b) returned Parcels without stated reasons for non-delivery;
(c) failure to return the collected Cash on Delivery amount to the Sender.
Payment of compensation is subject to the submission of a written complaint by the Client in accordance with the procedure set out in Article X.

1.2. For domestic Parcels, the Sender is entitled to compensation in the following amounts:

1.2.1. In the event of loss, theft, or total destruction or damage:

1.2.2. The full Declared Value – for a Parcel declared with the Additional Service “Declared Value”, regardless of whether the Cash on Delivery service has also been requested;

1.2.3. An amount equal to the value of the used service – for Parcels for which the Additional Service “Cash on Delivery” has been requested, but the “Declared Value” service has not been requested;

1.2.4. An amount equal to five times the value of the used service – for Parcels that are not subject to the Additional Service “Declared Value” or the “Cash on Delivery” service;

1.2.5. In the event of partial loss, partial destruction, or damage:

1.2.6. The Declared Value of the missing, destroyed, or damaged part, or the proportion of the Declared Value corresponding to the missing part of the Parcel – for Parcels subject to the “Declared Value” service;

1.2.7. An amount equal to five times the value of the used service – for Parcels not subject to the “Declared Value” service;

1.2.8. In the case of a Parcel subject to the “Cash on Delivery” service, the courier service provider shall be liable to reimburse the full amount due in the event of failure to return the full amount to the Sender, or the amount representing the difference up to the full amount, in the event that part of the due amount has been collected;

1.2.9. In cases of failure to comply with delivery deadlines or in cases of Parcels returned without reasons for non-delivery, compensation shall be due in the amount of the actual damages suffered by the Client, but not exceeding the price paid to the Courier for the service;

1.2.10. Statutory default interest shall be added to the amounts under the preceding provisions, accruing from the date of submission of the complaint;

1.2.11. Total loss of the contents shall be considered equivalent to loss of the Parcel;

1.2.12. If the Sender has declared a value lower than the actual value, compensation shall be limited to the amount of the Declared Value;

1.2.13. In addition to the compensation provided for above, the price of the service paid upon submission of the Parcel shall also be refunded;

1.2.14. In the event of non-performance of Additional Services requested by the Sender with special instructions, only the additional fee for those services shall be refunded;

1.2.15. In the event of loss of proof of Delivery for a Parcel subject to the “Acknowledgement of Receipt” service with written confirmation by the Recipient, the Courier shall be obliged to prepare and provide the Sender with a duplicate of the proof of Delivery;

1.2.16. The Courier shall be liable for international Parcels in accordance with the provisions of this section applicable to domestic Parcels;

1.2.17. The Sender may waive their right to compensation in favor of the Recipient.

XI. Limits of Liability

 

1. The Courier shall be released from liability in the following situations:

1.1. Where damage to or destruction of the Parcel occurred due to the fault of the Sender or arises from the nature of the contents of the Parcel;

1.2. For Parcels containing prohibited items or substances which, for this reason, have been confiscated or destroyed by the competent authorities in accordance with the applicable procedure;

1.3. Where, due to an incomplete or incorrect address, the Parcel was not delivered to the Recipient or was delivered to another person;

1.4. Where the Sender or the Recipient of the Parcel has not submitted a written complaint in the manner and within the time limits set out in these Terms and Conditions;

1.5. For damages occurring as a result of force majeure;

1.6. The Courier shall not be liable and may not be held responsible for indirect or consequential damages (including loss of profit, income, interest, markets, or business opportunities) or other similar damages caused by delay, loss, destruction, defective Delivery, or non-delivery of Parcels;

1.7. The Courier shall not be liable for any alteration of the Parcel caused by mechanical or electromagnetic means or effects (e.g. demagnetization, X-ray scanning during security or customs procedures, etc.).

XII. Complaint Resolution Mechanism

 

1. Submission of Complaints

1.1. Any complaint regarding Parcels must be submitted in writing by the Sender/Recipient by completing a Complaint Form (Appendix 1 of these Terms and Conditions) or in free text. The complaint must be sent to the Courier either via postal service with acknowledgment of receipt, delivered personally at the Courier’s headquarters, or sent by email to: [email protected]. Upon proper submission of the Complaint Form, the Client will receive confirmation of receipt of the complaint, which will be communicated/delivered in the same manner as the complaint was received, unless otherwise agreed.

1.2. The right to submit a complaint applies to:

1.2.1. The Sender or their authorized representative;

1.2.2. The Recipient or their authorized representative.

1.3. The subject of the complaint may include:

1.3.1. Total or partial loss, theft, destruction, or damage of a Parcel;

1.3.2. Failure to meet delivery deadlines for Parcels, as well as returned Parcels without stated reasons for non-delivery and failure to return the Cash on Delivery amount to the Sender;

1.3.3. Complaints regarding unprofessional behavior of the Courier’s personnel;

Any other objections regarding the quality of provided or unprovided services.

2. Deadlines for Receiving and Reviewing Complaints

2.1. The deadline for submitting a complaint to the Courier is six (6) months from the date of Parcel acceptance.

2.2. Complaints may be submitted by the Sender/Recipient or their legal representatives/authorized agents and must be accompanied by relevant evidence supporting the claims of liability on the part of the Courier, in order to allow a proper and complete analysis of the alleged event (for example, when applicable: a copy of the waybill/transport document, a copy of the document confirming payment for the Courier service, receipt/invoice issued by the Courier, photos, packaging of the postal item, description of destroyed/damaged items contained in the Parcel, and any other evidence supporting the validity of the claims). Complaints regarding the condition of the Parcel can only be accepted if they were noted on the waybill at the time of receipt by the person who received the Parcel.

2.3. To resolve the complaint, the submitting Client must identify the Parcel, describe the event (facts, actions, and causes) related to the complaint, formulate their claims, specify the chosen method of compensation in case of a claim, provide necessary payment details according to the chosen method, and provide communication/contact information.

2.4. The Sender/Recipient is entitled to compensation only if the complaint was submitted within the deadline specified above.

2.5. The deadline for reviewing the complaint is one (1) month for domestic Parcels and three (3) months for international Parcels, counting from the date of submission, with the Courier notifying the Client in writing of the outcome.

2.6. If the Client submits a valid complaint and it is fully or partially rejected, or if the Client does not receive a response within the review period, the Client may submit a written request to the Communications Regulation Commission for an opinion on the dispute. This procedure does not prevent the assertion of rights through legal proceedings.

3. Compensation Rules

3.1. For justified complaints, compensation shall be paid within one (1) month from the date of notification of the outcome of the complaint procedure. Compensation shall be paid in cash at one of the Courier’s offices or by bank transfer to the account provided by the complainant, depending on their request.

 

XIII. Rights and Obligations

 

1. Rights of the Sender

1.1. To have their Parcel delivered in accordance with these Terms and Conditions and in line with any special arrangements noted on the waybill or in individual agreements with the Courier, if any;

1.2. To receive proper and timely information regarding the conditions, deadlines, and rates of the services provided;

1.3. To cancel their request for Courier service at any time before the Parcel is handed over to the Courier for transport;

1.4. To manage their Parcels as they see fit, including disposing of them as the owner, assuming all costs arising from this until delivery to the Recipient.

2. Obligations of the Sender

2.1. Not to send prohibited substances or items in accordance with the Terms;

2.2. To prepare the Parcel so that its contents, weight, dimensions, shape, packaging, and appearance comply with the Terms and do not cause damage to other Parcels carried by the Courier;

2.3. To provide complete and accurate information about the Sender, Recipient, and contents of the Parcel, so that the waybill can be properly completed in accordance with the Terms;

2.4. To pay all fees for the Courier service and any Additional services (if applicable) duly and on time;

2.5. To compensate the Courier in cases provided by law. The Sender is liable for damages caused to the Courier and third parties as provided by law.

3. Rights of the Courier

3.1. To require that the Parcel be properly packaged in accordance with the type of transport chosen, its contents, and the Courier’s Terms;

3.2. To refuse Parcels containing prohibited items or substances;

3.3. To require and receive appropriate payment for the services provided;

3.4. To receive compensation from the Sender for damages caused by their Parcel, within the legal limits;

3.5. To perform and organize the services provided at its sole discretion, including receiving, processing, redirecting, transporting, and delivering Parcels using routes, vehicles, and/or subcontractors as deemed appropriate, provided this does not result in additional charges for the Sender not provided for in the contract or other contractual violations;

3.6. To weigh and measure Parcels and recalculate fees in case of discrepancies;

3.7. To refuse transport of a Parcel that is improperly packaged for transport under these Terms. If the Courier accepts such a Parcel and the information provided by the Sender about the Parcel and its contents is correct, the Parcel will be considered properly packaged.

4. Obligations of the Courier

4.1. To ensure equal access for all Senders to all Courier services provided;

4.2. To maintain the confidentiality of correspondence during and after the provision of the Courier service and comply with applicable data protection legislation;

4.3. To have the following documents easily accessible and visible: Terms and Conditions, current tariff, information about served locations, Parcel parameter requirements, working hours, list of prohibited items and substances (for Bulgaria and other countries to which the Courier delivers), deadlines for submitting complaints, and compensation available for approved complaints;

4.4. To provide Courier services as described in the waybill, the Terms, and individual agreements;

4.5. To compensate Senders who have suffered losses caused by the Courier as specified in the Terms;

4.6. To review and take action on complaints submitted by Clients.

 

XII. Resolution of disputes. Transitional and final provisions

 

1. All disputes between the Courier and Clients shall be resolved in a spirit of goodwill and mutual concessions, through negotiation and understanding, with good faith respect for the interests of both parties. If the parties fail to reach a voluntary resolution of the dispute, either party may seek assistance from the Communications Regulation Commission or another competent authority, and may also submit the dispute for resolution by the competent Bulgarian court.

2. The confidentiality of Parcels is guaranteed by law. All persons involved in the provision of Courier services are obliged to ensure the confidentiality of Parcels – the preservation, opening, or disclosure of Parcel contents is allowed only under the conditions and procedures provided by law.

3. It is prohibited to violate or disclose the contents of Parcels, to provide information about persons using Courier services, or to facilitate or encourage such actions.

4. Parcels related to criminal offenses, as well as all valuables and actions considered relevant for uncovering crimes and their perpetrators, or for establishing the truth, may be handed over to prosecutors or courts, but only based on a written order issued by the competent authority under the Penal Code and the Code of Criminal Procedure.

5. In the case of international Parcels, the parties additionally comply with the relevant legal provisions regarding customs legislation, as well as the legislation of the countries in which Courier services are provided and those through which the Parcels transit.

6. Parcels belong to the Sender until delivered to the Recipient. Until then, the Sender has the right to change the address indicated on them or to stop the delivery of the Parcel to the Recipient, subject to payment of additional fees for this.

7. Senders of Parcels are liable to the Courier for damages resulting from the hazardous nature of the Parcels or their contents, up to the amount paid as compensation to third parties whose Parcels were damaged as a result.

8. The provisions of these Terms and Conditions are supplemented by the applicable legislation, and the Courier is obliged to comply with the law in the course of its activities.

 

Appendix 1

The undersigned …………………………………………, domiciled in ………………….., with address ……………………, Number… ……, Block ………, Apartment ………, County / District ………., Phone Number …………………………………., E-mail …………………. ………………., in the capacity as* ……………………… of ……………………… …

I would like to inform you of the following:
On ……………….., at …………, order with consignment note no. ………………………
Envelope /Package (please underline the correct):
Weight:
Refund:
Declared Value:
1. The Parcel was not received by the Recipient
2. The Parcel was delivered late
3. The Parcel has reached the Recipient damaged
4. Other entries: ………………………………………….
Description of the event that is the subject of the complaint (facts, actions and causes): …………………………………………………
Claims: In view of the above, I request the voluntarily settlement of our legal relationship in accordance with the legal provisions regarding the provision of Courier Services, respectively payment of the compensation due under the law and the contract with the Courier.
Other:
……………………………………………………………………………………………………

The payment method chosen for the situation in which the complaint will be substantiated:
□ cash
□ bank transfer. Bank details: ………………………………………………

Contact details in order to communicate the result of the complaint analysis (e.g., e-mail, address, etc.): ……………………

Attached documents**: …………………………………………………………………………………………………..

The deadline for entering the complaint is six months from the date of acceptance of the parcel.

 

Date: …………………….

* In the case of the legal representative of the Sender or the Recipient, the proof meant to certify this capacity will be attached;
** Any documents held for the purpose of proving the object of the complaint may be attached to this form.