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About Sameday
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TERMS AND CONDITIONS GOVERNING THE PROVISION OF COURIER SERVICES BY “DELIVERY SOLUTIONS” EOOD
I. GENERAL PROVISIONS
1.1. These Terms and Conditions (the “Terms and Conditions” or the “Terms”), together with any supplementary agreements concluded pursuant hereto, including but not limited to a consignment note, contract or any other document incorporating individually agreed service terms, where applicable, shall govern the contractual relationship between “Delivery Solutions” EOOD (hereinafter referred to as the “Courier”), in its capacity as a provider of courier services, and the Clients who entrust Shipments to the Courier for collection, sorting, carriage and delivery.
1.2. The contract between the parties shall be deemed concluded upon the Courier’s acceptance of the Shipment at the relevant Access Point. From the moment of conclusion of the courier service agreement (the “Contract”), these Terms and Conditions shall apply between the parties and shall be binding upon them, unless otherwise expressly agreed.
The applicability of the Terms in contracts concluded with consumers 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 Shipment to the Courier.
In the case of business deliveries where the Client acts in the course of its trade or professional activity, the Sender shall be deemed to have been duly informed of and to have accepted these Terms and Conditions unless it objects thereto without undue delay.
1.3. By using the Courier Services, the Client expressly agrees that any agreed service may be performed through subcontractors, provided that the Courier shall remain contractually liable to the Client for the proper performance of the services.
1.4. These Terms and Conditions are published on the Courier’s website at www.sameday.bg
and a copy thereof shall also be displayed in a prominent and easily accessible place for Clients at all Access Points of the Couriers
1.5. Any individually negotiated agreements concluded between the Courier and the Client shall prevail over these Terms and Conditions in the event of inconsistency.
II. DEFINITIONS
2.1. “Access Point” shall mean a fixed or mobile postal station, postal agency or external postal counter where Senders submit and the Courier accepts Shipments, as well as postal boxes and other facilities (including automated postal stations) intended for public use and located in places accessible to Senders and/or Recipients.
2.2. “Additional Services” shall mean services such as “Declared Value”, “Return Receipt”, “Return of Documents”, “Cash on Delivery”, “Open / Open Before Payment”, and other personalised services provided to Clients of Courier Services subject to additional agreement and payment.
2.3. “Acceptance of a Courier Shipment” shall mean the activity of the Courier consisting in receiving Courier Shipments submitted by Senders at the Access Points.
2.4. “Courier Services” shall mean services falling within the scope of non-universal postal services, ensuring increased speed and reliability in the acceptance, carriage and personal delivery of Shipments to the Recipient, as well as the provision of Additional Services in the manner described in these Terms.
2.5. “Courier Network” shall mean the system of organisation and resources of any kind used by providers of courier services, primarily for: Acceptance of Shipments; Carriage and handling of Shipments from Access Points to distribution centres; Distribution of Shipments to the specified addresses.
2.6. “Consumer within the meaning of the Consumer Protection Act” shall mean a natural person within the meaning of the Consumer Protection Act who uses Courier Services outside the scope of his or her trade, business or professional activity.
2.7. “Consumer Protection Act” shall mean the Bulgarian Consumer Protection Act, promulgated in State Gazette No. 99 of 9 December 2005, as amended, regulating consumer protection, the powers of the competent state authorities and the activities of consumer associations in this field.
2.8. “Courier” shall mean “Delivery Solutions” EOOD, entered in the Commercial Register and the Register of Non-Profit Legal Entities under UIC 206957949, having its registered seat and address of management at: 143 Tsarigradsko Shose Blvd., Floor 4, Mladost District, 7-mi Kilometar area, 1784 Sofia, Bulgaria, as well as any subcontractor thereof, acting in its capacity as a person with whom a Contract for the provision of Courier Services has been concluded in accordance with applicable law.
2.9. “Courier Shipment” or “Shipment” shall mean a domestic and/or international postal item with a maximum weight of up to 31.5 kg containing goods with or without commercial value.
2.10. “Client” shall mean any natural or legal person using a Courier Service as a Sender or Recipient.
2.11. “Delivery” shall mean the process carried out by the provider of courier services in respect of Courier Shipments, commencing upon acceptance of the Shipment and concluding upon its handover to the Recipient in the manner specified by the parties or upon its return to the Sender.
2.12. “Distribution” shall mean the process commencing with the sorting of Shipments and ending with their Delivery to the Recipients or their return to the Senders.
2.13. “Date of Submission of the Shipment” shall mean the date on which the Shipment is accepted for delivery by the Courier.
2.14. “Declared Value” shall mean an Additional Service whereby the postal operator assumes liability up to the value declared by the Sender for the contents of the Shipment in cases of loss, theft or damage.
2.15. “Return Receipt” shall mean an Additional Service whereby the Courier informs the Sender of the Delivery of the Shipment to the Recipient or to a person duly authorised by the Recipient.
2.16. “Return of Documents” shall mean a pre-arranged documentary Shipment which the Courier collects from the Recipient and delivers back to the Sender.
2.17. “Cash on Delivery” shall mean an Additional Service whereby the Courier Shipment is delivered to the Recipient against payment of an amount specified by the Sender.
2.18. “Open / Open Before Payment” shall mean an Additional Service whereby the Sender expressly authorises the Recipient to inspect the Shipment prior to accepting it and, where the Additional Service “Cash on Delivery” is also used, to pay the Cash on Delivery amount only if the Recipient decides to accept the Shipment.
2.19. “Improperly Packaged” shall mean a Shipment that does not comply with the packaging requirements set out in these Terms.
2.20. “Properly Packaged” shall mean a Shipment prepared and packaged by the Sender for its safe carriage, taking into account the nature and dimensions of the goods contained therein and the fact that the Shipment will be subject to transportation and sorting in relevant logistics centres, in compliance with all applicable contracts, laws, regulations and rules, including those governing packaging, marking and labelling requirements.
Further guidance on proper packaging may be found in these Terms and Conditions and on the Courier’s website at www.sameday.bg in the “Packaging” section.
2.21. “Recipient” shall mean the natural or legal person indicated in the consignment note as the addressee of the Shipment.
2.22. “Sender” shall mean the natural or legal person indicated in the consignment note as the consignor of the Shipment.
2.23. “Data Protection” shall mean that the postal operator, in its capacity as data controller, processes the personal data provided by its users and clients (“data subjects”) in a secure manner and in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation or GDPR).
III. SCOPE AND CHARACTERISTICS OF THE SERVICES PROVIDED
3.1. These Terms and Conditions shall apply to all Courier Services and Additional Services provided by “Delivery Solutions” EOOD within the territory of the Republic of Bulgaria, falling within the scope of non-universal postal services within the meaning of the Postal Services Act.
3.2. The Courier Services provided by the Courier include:
3.2.1. Delivery of domestic non-palletised Shipments within the territory of the Republic of Bulgaria, including delivery of domestic or inbound international shipments entrusted by another postal operator.
3.2.2. Delivery of international non-palletised shipments by land and/or air transport.
3.3. The Additional Services provided in connection with the Courier Services are:
3.3.1. Declared Value;
3.3.2. Return Receipt;
3.3.3. Return of Documents;
3.3.4. Cash on Delivery;
3.3.5. Open / Open Before Payment.
3.4. A fuel surcharge shall be applied to the prices for the provision of Courier Services (excluding Additional Services). The fuel surcharge, as well as the tariff and all pricing conditions, are available on our website at www.sameday.bg
3.5. A description of the various categories of Courier Services and Additional Services provided by “Delivery Solutions” EOOD may also be found in the Tariffs of “Delivery Solutions” EOOD, freely accessible at each physical office of the Courier and published on the website at www.sameday.bg in the “Services” section.
3.6. The Courier reserves the right, at its sole discretion, to add, amend or remove categories of services at any time in accordance with its business model and marketing strategy.
3.7. The types of Shipments subject to the services offered and provided by the Courier are domestic and international Shipments.
IV. CONDITIONS FOR ACCESS, ACCEPTANCE AND DELIVERY OF SHIPMENTS
4.1. In order to be accepted for carriage by the Courier, Shipments must be packaged and labelled (where applicable) in accordance with the nature of the goods being sent and in consideration of the weight, shape and characteristics of the contents of the Shipment, taking into account the mode and duration of carriage. The Shipment must have an opaque outer packaging such that its contents cannot be seen and access thereto is not possible without leaving visible traces.
4.2. The Courier shall ensure equal access to its services for all Consumers during previously announced business days and business hours.
4.3. Further information regarding a Properly Packaged Shipment is available on the website www.sameday.bg, where detailed recommendations and instructions concerning packaging are provided, primarily depending on the nature of the goods that may be the subject of Courier Shipments.
4.4. The Courier may accept for carriage Shipments containing goods for which special conditions for carriage and preservation are established by statutory, administrative, economic, sanitary, veterinary, phytosanitary or other similar regulations, only insofar as, at the time of placing the service order, all necessary permits and authorisations for the carriage, handling and storage of such goods are available.
4.5. Each Shipment shall be accompanied by a consignment note or other equivalent document containing all information necessary for the delivery of the Shipment to its destination, clearly, accurately and completely, including but not limited to: the address of Acceptance and Delivery; the contact persons for the Sender and the Recipient and their telephone numbers; the type of service; the amount payable by the Recipient in the case of Cash on Delivery; the declared value of the Shipment where the “Declared Value” service is used; and any other relevant information required in the consignment note.
4.6. The Courier shall be entitled to open and inspect a Shipment only in the cases provided for by law. In such instances, the Courier shall draw up an appropriate written report describing the actions performed and specifying the name and position of the relevant employee of the Courier or its subcontractor who carried out such actions.
The report shall state the date and place of the inspection and shall be signed and stamped by the employee. The Courier shall retain such report for a period of one (1) year from the date of the action, unless a longer retention period is required by law or by order of a competent public authority.
V. PACKAGING AND LABELLING REQUIREMENTS
5.1. The packaging of Shipments shall be the sole responsibility of the Sender.
5.2. In order to be accepted into the Courier Network for carriage by the Courier, Shipments must, in addition to the previously described packaging requirements, comply with the following additional conditions:
– the Shipment shall be packaged in accordance with the nature of the goods being carried and in a manner preventing damage to the contents during both manual and mechanical handling;
– the packaging must not allow the contents to be damaged as a result of sequential handling or pressure and may, as appropriate, consist of boxes made of cardboard, plywood, wood, plastic, metal or other similar materials;
– the containers used for the Shipments must be sufficiently robust to prevent leakage or spillage of the contents during carriage, sorting and handling and/or damage to equipment used in the process of sorting, handling, carriage and delivery of Shipments or other postal items or goods;
– the Shipment must be sealed by the Sender. Unsealed Shipments shall not be accepted for carriage;
– the type of packaging shall be determined in accordance with the mode of carriage so as to ensure adequate protection of the contents against handling by related equipment, varying climatic conditions, where applicable, and mechanical impact;
– Shipments containing fragile goods must be properly packaged and labelled by the Sender using bubble wrap, wood shavings, shock-resistant polystyrene or other material capable of withstanding mechanical impact and must bear the marking “FRAGILE”. Failing this, the Courier shall not be liable for any concealed or apparent damage.
5.3. The Courier undertakes to observe and comply with the markings and/or labels affixed by the Sender and to exercise special care in the handling, carriage and storage of Shipments.
5.4. The Sender shall ensure that the goods to be carried are not packaged as several connected separate Shipments circulating under a single transport document/consignment note.
5.4.1. Each Shipment must contain the identification details of the Recipient (full name or company name, full delivery address and telephone number at which the Recipient may be contacted), as well as the details of the Sender (full name or company name, full address and telephone number). The Sender shall be responsible for the accuracy of the data entered in the consignment note.
5.4.2. Where the Courier accepts a Shipment from a Consumer, it shall be presumed that the packaging is appropriate having regard to the type of Shipment declared by the Consumer. Any Shipment accepted for delivery by the postal operator shall be deemed properly and sufficiently packaged.
The presumption set out in the preceding sentence shall not apply if it is subsequently established that the Consumer failed to provide accurate and complete information, or provided false information, regarding the type and nature of the Shipment accepted for delivery.
5.5. Exceptions from acceptance, sorting, carriage and delivery:
The following Shipments shall not be accepted:
– Shipments consisting of substances or items the carriage of which is prohibited by law, even partially;
– Shipments whose packaging bears inscriptions and/or contains goods contrary to public order or morals;
– Shipments bearing old or previously used labels;
– Shipments containing goods of special value, including coins, banknotes, currency, travellers’ cheques, jewellery made of precious metals, precious stones, genuine pearls, platinum, gold or silver (whether processed or not), precious metals, antiques, works of art, paintings, furs, carpets, unprotected furniture, glass or porcelain; counterfeit goods; bills of exchange, cheques, promissory notes or similar instruments; cash, valuables, original documents, passports, securities or similar items;
– Shipments which, by reason of their packaging, may cause damage to goods or endanger human health or life, the environment, etc.;
– Perishable goods, foodstuffs, live or dead animals, materials for medical or biological examination, medical waste, human or animal remains, body parts or organs, bodily fluids, cigarettes and tobacco;
– Dangerous goods, except where, following prior consultation with the Courier, a special agreement has been concluded between the Sender and the Courier and provided that the Courier holds all necessary permits for the carriage, handling and storage of such goods;
– Narcotic, psychotropic, toxic or intoxicating substances;
– Weapons, ammunition, pyrotechnic articles, explosive, flammable or other hazardous substances or items;
– Items contrary to moral standards and/or public order;
– Items which, by reason of their nature or packaging, pose a risk to the life or health of postal employees or other persons, or may contaminate or damage other Shipments and equipment;
– Religious materials of sects and organisations prohibited or not registered in the Republic of Bulgaria;
– Movable cultural heritage items not accompanied by the required permit or certificate;
– Excise goods and tobacco waste the possession, storage, movement, transportation, delivery or sale of which is prohibited under the Excise Duties and Tax Warehouses Act;
– Bottled alcoholic beverages under CN code 2208 (including brandy, liqueurs and other spirits) bearing excise labels indicating a nominal quantity in litres lower or higher than the bottle capacity; without an excise stamp where required; bearing counterfeit or invalid excise stamps; bearing excise stamps with expired validity; or bearing a “DUTY FREE” excise label;
– (Non-bottled) alcoholic beverages under CN code 2208 with an alcohol content equal to or exceeding 15% vol.; alcoholic beverages under CN code 2208 with an alcohol content equal to or exceeding 15% vol. in plastic packaging (bottles) exceeding 0.5 litres;
– Energy products within the meaning of the Excise Duties and Tax Warehouses Act.
5.6. It is prohibited to include in international Shipments, including those with Declared Value, any substances or items designated as prohibited under international treaties, as well as any items prohibited from importation and distribution in the country of destination.
Information regarding prohibited items under this section for Bulgaria and for other serviced destinations shall be made available at each office of the Courier or upon request.
5.7. Where there is suspicion that prohibited substances and/or items have been included at the time of acceptance, the Courier shall require the Sender’s consent to carry out an inspection. In the event of refusal, the Shipment shall not be accepted.
5.8. If there is suspicion that an accepted Shipment contains substances or items prohibited under these Terms, the Courier, together with the inspecting authority, shall detain the Shipment and request the written consent of the Sender or the Recipient for its opening. In the event of refusal or lack of response, the Courier shall notify the competent authorities for further action.
5.9. The Courier shall be entitled to refuse delivery where, following inspection, it establishes that the Shipment contains substances or items prohibited under these Terms.
5.10. Conditions for Acceptance in Respect of Shape, Dimensions and Weight of Shipments. Payment
5.10.1. The Courier shall accept Shipments subject to the following maximum dimensions, weight and form:
5.10.1.1. Domestic non-palletised single-parcel Shipments:
Maximum chargeable weight per parcel: up to 31.5 kg;
For multi-parcel Shipments: maximum total chargeable weight per Shipment: up to 100 kg;
Maximum length of a parcel (longest side): 300 cm;
Girth plus maximum length: 500 cm (girth = 2 × height + 2 × width).
5.10.1.2. International non-palletised Shipments:
For single-parcel Shipments: maximum chargeable weight per parcel: up to 31.5 kg;
For multi-parcel Shipments: maximum total chargeable weight per Shipment: up to 100 kg;
Maximum length of a parcel (longest side): 300 cm;
Girth plus maximum length: 500 cm (girth = 2 × height + 2 × width).
5.10.2. Only single-parcel Shipments with maximum dimensions of 60 x 35 x 37 cm and a maximum actual weight of 20 kg shall be accepted for delivery to an automated postal station (“Locker”). Shipments exceeding these dimensions or weight shall be accepted only upon confirmation by the Courier.
5.10.3. For envelopes:
Maximum weight: 3 kg;
Maximum dimensions: 210 mm x 297 mm (A4 format).
The minimum chargeable unit shall be 1 kg (weight shall be rounded up where it exceeds 0.01 grams).
For the purposes of accurate invoicing, the Courier reserves the right to measure and weigh Shipments included in its Courier Network.
5.10.4. Each Shipment shall be identified within the Courier Network by a unique transport number (consignment note number).
5.10.5. Delivery of the Shipment shall be made to the address specified by the Sender, personally to the Recipient or to a person duly authorised to receive the Shipment (whose details must be entered in the consignment note or accompanying document), or to a Courier Access Point (staffed or unstaffed, including an automated delivery system/automated postal station), in accordance with the Client’s instructions.
Delivery to an automated delivery system / automated postal station (locker) shall be carried out seven (7) days per week.
5.10.6. The Courier offers and provides the following Additional Services: Declared Value, Return Receipt, Return of Documents, Cash on Delivery and Open / Open Before Payment.
The Sender shall be entitled to dispose of the Shipment until its delivery to the Recipient, including, against additional payment, to change its destination. Change of destination shall be offered and provided by the Courier only insofar as the new delivery address is within the same country as specified in the original address provided at the time of submission of the Shipment.
5.10.7. The Sender may use the Additional Service “Declared Value” and declare a value for a domestic Courier Shipment up to a maximum amount of EUR 5,112.92 / BGN 10,000.
In such cases, the Shipment may be subject to full or partial compensation, as applicable, if the loss or destruction has occurred due to the fault of the Courier and provided that the Sender has paid in advance an additional fee for the use of this Additional Service in the amount of 1% of the Declared Value. The Courier does not offer and does not provide the Additional Service “Declared Value” for international Courier Shipments.
5.10.8. The Courier also provides the Cash on Delivery (“COD”) service. The maximum limit for reimbursement of the COD amount in cash for domestic Courier Shipments shall be EUR 5,112.92 / BGN 10,000.00.
5.10.9. The permitted currency in which amounts may be accepted and paid under the Cash on Delivery service shall be Euro (EUR).
5.10.10. The deadline for remittance to the Sender of the amount collected from the Recipient under the Cash on Delivery service shall be three (3) Business Days from the Delivery date.
5.10.11. The Sender may submit Shipments at the Courier’s offices or request Acceptance from an address specified by the Sender, irrespective of the type of service requested.
5.10.12. Payment for the service may be made either in cash or by bank transfer to a bank account specified by the Courier, no later than at the time of handing over the Courier Shipment to the Courier Network.
An exception shall apply to Shipments subject to Courier Services offered/provided under an individual agreement concluded in addition to the commercial offer, in which case the service price may be paid either in cash or by bank transfer on the basis of invoices issued bi-monthly or monthly, or in any other manner agreed between the parties.
VI. STORAGE AND RETURN PERIODS FOR COURIER SHIPMENTS
6.1. The Courier reserves the right, at its own discretion and under conditions of operational independence, to organise and perform the acceptance, processing, redirection, transportation and delivery of Shipments using such routes, means of transport or subcontractors as it deems appropriate, provided that this does not result in additional charges to the Consumer or breach of the contractual terms agreed between the parties.
6.2. With the exception of Shipments subject to Additional Services, in the event of unsuccessful delivery to the address of the Recipient specified by the Sender, the Courier shall notify the Recipient of the delivery attempt by means of a notice (in writing, by SMS, e-mail, text message via Viber or other software application with similar functionality). The Courier shall make at least one (1) delivery attempt to the address specified by the Sender. Where delivery is unsuccessful for reasons beyond the Courier’s control, the Shipment shall remain within the Courier’s logistics network and the Recipient shall be notified electronically at the contact telephone number provided, of the possibility to collect the Shipment from the nearest Access Point or another Access Point selected by the Recipient. The storage period shall be five (5) Business Days.
6.3. Shipments not delivered to the Recipient due to any of the reasons provided by law shall be returned to the Sender. Such Shipments shall be charged in accordance with the commercial offer. The deadline for return of domestic Shipments shall be five (5) Business Days from the expiry of the approved storage period. The deadline for return of international Shipments shall be seven (7) Business Days from the expiry of the approved storage period.
6.4. The Courier also offers the option of expedited return of the Shipment without notifying the Recipient and without holding the Shipment at the Recipient’s disposal. Where the Sender has expressly requested in writing at the time of submission of the Shipment that it be returned promptly without notification to the Recipient and without being held at the Recipient’s disposal, in the event that delivery to the Recipient is not possible, the Courier shall proceed with the return of the relevant Shipment in accordance with the Sender’s option, within the period and pursuant to the procedure set out in Clause 6.2.
6.5. For the Additional Service “Return Receipt” relating to domestic Shipments, the deadline for sending proof of Delivery (confirmed in writing by the Recipient) shall be five (5) Business Days from Delivery.
6.6. The Sender may request proof of Delivery within six (6) months from the date of acceptance of the Shipment. The Courier shall provide such proof within thirty (30) calendar days from the request, by a method agreed with the Sender (e.g. fax, e-mail, hard copy, etc.), without additional cost to the Sender.
6.7. Shipments that could not be delivered to the Recipient and were not returned to the Sender for reasons beyond the Courier’s control shall be stored by the Courier for a period of three (3) months from the date of submission. Upon expiry of this period, such Shipments shall become the property of the Courier.
6.8. The Courier shall deliver the Shipment to the Recipient or authorised person only against signature on a delivery receipt, consignment note, delivery slip, or by means of an electronic signature transforming the handwritten signature of the Client into a digital image affixed to an electronic version of the documents without the need for printing, or by PIN code sent via SMS to the mobile telephone number indicated in the consignment note.
The application of a signature by the Recipient or authorised person shall not exclude the obligation of such person to prove his or her identity by means of an appropriate identification document.
VII. GUARANTEED DELIVERY TIMES
7.1. The delivery time for domestic Shipments shall depend on the service selected by the Client, as described in the Tariffs available on the Courier’s website. For domestic Shipments, the delivery time shall be up to seventy-two (72) hours from the date of acceptance of the Shipment. For international Shipments, the delivery time shall be up to six (6) Business Days from the date of acceptance of the Shipment.
7.2. If the guaranteed delivery time for the service is exceeded due to the fault of the Courier, the Courier shall be liable to the Client who has paid for the service either to refund the service price or, at the Client’s request, to provide another Courier Service free of charge.
VIII. LIABILITY OF THE COURIER
8.1. Liability and Compensation
The Courier shall be liable, in all cases provided by law, for damages caused in the event of loss, theft, total or partial destruction or damage to the Shipment where such circumstances occurred between the moment of handover of the Shipment at the Access Point and the moment of Delivery to the Recipient or its return to the Sender, as well as in the event of:
– failure to comply with delivery time limits;
– return of Shipments without stated reasons for non-delivery;
– failure to remit to the Sender the amount collected under the Cash on Delivery service;
– failure to comply with the deadline for payment of the Cash on Delivery amount.
A condition for payment of compensation shall be the submission of a written complaint by the Client in accordance with Chapter X.
8.1.1. Compensation for Domestic Shipments
The Sender shall be entitled to compensation as follows:
(a) In case of loss, theft, total destruction or total damage:
– the full amount of the Declared Value – for Shipments for which the Additional Service “Declared Value” has been requested, irrespective of whether the “Cash on Delivery” service has also been included;
– an amount of EUR 7.67 (seven euro and sixty-seven cents) / BGN 15 (fifteen leva) for Shipments without the “Declared Value” service.
(b) In case of partial loss, partial destruction or damage:
– the value of the actual damage corresponding to the missing part of the Shipment, but not exceeding the Declared Value for Shipments subject to the “Declared Value” service;
– an amount of EUR 7.67 / BGN 15 for Shipments not subject to the “Declared Value” service.
(c) In case of failure to meet delivery deadlines or return of Shipments without reasons for non-delivery:
– Compensation shall be due in the amount of the actual damage suffered by the Payer, but not exceeding the price paid to the Courier for the service.
8.1.2. Total loss of the contents shall be deemed equivalent to loss of the Shipment.
8.1.3. If the Sender has declared a value lower than the actual value, compensation shall be limited to the Declared Value.
8.1.4. In addition to the compensation provided for in Clause 8.1.1., the service fee paid upon submission of the Shipment shall also be refunded.
8.1.5. In the event of non-performance of Additional Services requested by the Sender with specific instructions, only the additional charge for such services shall be refunded.
8.1.6. In the event of loss of proof of Delivery of a Shipment subject to the “Return Receipt” service with written confirmation by the Recipient, the Courier shall be obliged to prepare and provide the Sender with a duplicate proof of Delivery.
8.1.7. The Courier shall be liable for international Shipments in accordance with the provisions of this Chapter applicable to domestic Shipments.
8.1.8. The Sender may waive its right to compensation in favour of the Recipient by written notice sent by e-mail to: [email protected]
IX. LIMITS OF THE COURIER’S LIABILITY
9.1.1. The Courier shall be exempt from liability in the following cases:
(a) where the damage to or destruction of the Shipment has occurred due to the fault of the Sender or results from the nature of the contents of the Shipment;
(b) in respect of Shipments containing prohibited items or substances which, for that reason, have been confiscated or destroyed by the competent authorities in accordance with the applicable procedure;
(c) where, due to an incomplete or incorrect address, the Shipment has not been delivered to the Recipient or has been delivered to another person;
(d) where the Sender or Recipient has failed to submit a written complaint in the manner and within the time limits set out in these Terms;
(e) where the damage has occurred as a result of force majeure.
9.1.2. The Courier shall not be liable and shall not be held responsible for indirect or consequential losses (including, without limitation, loss of profit, income, interest, markets or tenders) or any similar damages arising from delay, loss, destruction or non-delivery of Shipments.
9.1.3. The Courier shall not be liable for any alteration to the Shipment caused by electromagnetic or similar means (e.g. demagnetisation, X-ray scanning during security or customs procedures, etc.).
X. COMPLAINTS RESOLUTION MECHANISM
10.1. Submission of Complaints
10.1.1. Any complaint relating to Shipments shall be submitted in writing by the Sender/Recipient by completing a Complaint Form (Appendix 1 to these Terms and Conditions) or in free-text form.
The Complaint shall be sent to the Courier either by postal service with confirmation of receipt, delivered in person to the Courier’s head office, or sent by e-mail to: [email protected]
Upon proper submission of the Complaint, the Client shall receive confirmation of receipt, communicated in the same manner in which the Complaint was received, unless otherwise agreed.
10.1.2. The right to submit a Complaint shall belong to:
– the Sender or its authorised representative;
– the Recipient or its authorised representative.
10.1.3. A Complaint may concern:
– total or partial loss, theft, destruction or damage of a Shipment;
– failure to comply with delivery time limits or with the deadline for remittance of the Cash on Delivery amount, as well as return of Shipments without stated reasons for non-delivery and/or failure to return the Cash on Delivery amount to the Sender.
10.2. Time Limits for Submission and Review of Complaints
10.2.1. The deadline for submission of a Complaint addressed to the Courier shall be six (6) months from the date of acceptance of the Shipment.
10.2.2. A Complaint may be submitted by the Sender/Recipient or their legal representatives/authorised persons and shall be accompanied by relevant evidence supporting the alleged liability of the Courier, in order to enable a proper and complete assessment of the claimed event. Such evidence may include, where applicable:
– a copy of the consignment note/transport document;
– a copy of proof of payment of the Courier Service;
– the receipt/invoice issued by the Courier;
– photographs;
– the packaging of the postal item;
– a description of the destroyed/damaged property forming the subject of the Shipment;
and any other evidence supporting the merits of the claim.
In the case of claims relating to the condition of the Shipment, such claims may be upheld only if they were recorded in the consignment note at the time of receipt of the Shipment by the receiving person, or established by video surveillance where the delivery method was via an automated postal station (APS).
For the purposes of resolving the Complaint, the complainant shall identify the Shipment, describe the relevant event (facts, actions and causes), formulate the claim, specify the chosen method of payment in the event of compensation, provide the necessary payment details in accordance with the selected method, and provide contact details (e.g. telephone number, e-mail address or other).
10.2.3. The complainant shall be entitled to compensation only if the Complaint has been submitted within the above-mentioned deadline.
10.2.4. The deadline for review of a Complaint shall be one (1) month for domestic Shipments and three (3) months for international Shipments, calculated from the date of submission. The Courier shall notify the Client in writing of the outcome.
10.2.5. Where the Client has duly submitted a Complaint and it has been wholly or partially rejected, or if no response is received within the applicable time limit, the Client may submit a written request to the Communications Regulation Commission for an opinion on the dispute. This procedure shall not preclude the initiation of judicial proceedings.
10.3. Compensation Rules
In the event that a Complaint is upheld, payment of compensation shall be made within one (1) month from the date of notification of the outcome of the complaints procedure.
Compensation shall be paid by bank transfer to a bank account provided by the complainant.
XI. RIGHTS AND OBLIGATIONS
11.1. Rights of the Sender
The Sender shall have the right to:
– have its Shipment delivered in accordance with these Terms and Conditions and any specific arrangements incorporated in the consignment note and/or any individual agreements concluded with the Courier, where applicable;
– receive proper and timely information regarding the conditions, time limits and tariffs of the services provided;
– cancel its request for a Courier Service at any time prior to the Shipment being handed over to the Courier for carriage;
– manage its Shipments as it deems appropriate, including disposing of them as owner and bearing all costs arising therefrom, until the moment of Delivery to the Recipient.
11.2. Obligations of the Sender
– The Sender shall be obliged to:
– refrain from sending prohibited substances and/or items in accordance with these Terms;
– prepare the Shipment in such a way that its contents, weight, dimensions, shape, packaging and external appearance comply with these Terms and do not cause damage to other Shipments carried by the Courier;
– provide complete and accurate information regarding the Sender, the Recipient and the contents of the Shipment, so that the consignment note may be correctly completed in accordance with these Terms;
– duly and timely pay all fees due for the Courier Service and any Additional Services (if applicable);
– indemnify the Courier in the cases provided by law. The Sender shall be liable for damages caused to the Courier and third parties in the cases provided by law.
11.3. Rights of the Courier
The Courier shall have the right to:
– require that the Shipment be properly packaged in a manner appropriate to the selected mode of carriage, its contents and the Courier’s Terms;
– refuse Shipments containing prohibited items and/or substances;
– require and receive appropriate remuneration for the services provided;
– obtain compensation from the Sender for damage caused by the Shipment, within the limits provided by law;
– perform and organise the services at its discretion, including acceptance, processing, redirection, carriage and delivery of Shipments using routes, vehicles and/or subcontractors of its choosing, provided that this does not result in additional charges to the Sender not provided under the Contract or otherwise constitute a breach thereof;
– weigh and measure Shipments and recalculate prices in the event of discrepancies;
– refuse to carry a Shipment that is Improperly Packaged within the meaning of these Terms.
Where the Courier nevertheless accepts such Shipment for carriage and the information provided by the Sender regarding the Shipment and its contents is accurate, the Shipment shall be deemed Properly Packaged.
11.4. Obligations of the Courier
The Courier shall be obliged to:
– ensure equal access for all Consumers to all Courier Services it provides;
– maintain the confidentiality of correspondence during and after the provision of Courier Services and comply with applicable data protection legislation;
– make available in easily accessible and visible places the following documents: the Terms and Conditions, the current Tariff, information on the locations served, requirements regarding Shipment parameters, business hours, the list of prohibited items and substances (for the Republic of Bulgaria and all other countries to which the Courier delivers), deadlines for submission of Complaints and the compensation payable in the event a Complaint is upheld;
– provide Courier Services as described in the consignment note, these Terms and any individual agreements;
– compensate Senders who have suffered losses caused by the Courier in the manner set out in these Terms;
– examine and take action on Complaints submitted by Clients.
XII. CONDITIONS FOR SENDING AND RECEIVING SHIPMENTS BY MINORS
– Pursuant to a decision of the Communications Regulation Commission dated 21 December 2017:
Shipments shall not be accepted from minors (persons under 18 years of age), whether submitted by them directly or by a third party on their behalf;
Shipments shall not be delivered at an address or Access Point to minors, irrespective of whether the Shipment is addressed to them or to a third party;
Shipments addressed to minors shall be delivered to their parents or legal guardians upon presentation of documents certifying such capacity (birth certificate or court decision), and the identity card of the representative shall be verified.
XIII. DISPUTE RESOLUTION. TRANSITIONAL AND FINAL PROVISIONS
13.1. All disputes between the Courier and Clients shall be resolved in a spirit of goodwill and mutual concessions through negotiations and mutual understanding, with due regard to the interests of both parties.
If the parties fail to reach a voluntary settlement, either party may seek assistance from the Communications Regulation Commission or another competent authority, and may refer the dispute to the competent Bulgarian court.
13.2. The confidentiality of correspondence is guaranteed by law. All persons involved in the provision of Courier Services shall be obliged to ensure and safeguard the confidentiality of Shipments. The retention, opening or disclosure of the contents of Shipments shall be permitted only under the conditions and in accordance with the procedure provided by law.
13.3. It shall be prohibited to violate or disclose the contents of Shipments, to provide information regarding Users of Courier Services, or to facilitate or encourage such actions.
13.4. Shipments related to criminal offences, as well as any valuables and actions considered relevant to the detection of crimes and their perpetrators or to the establishment of the truth, may be made available to prosecutors or courts only upon written order issued by a competent authority in accordance with the Criminal Code and the Criminal Procedure Code.
13.5. In the case of international Shipments, the parties shall additionally comply with the applicable legal provisions relating to customs legislation and the legislation of the states in whose territory Courier Services are provided.
13.6. Shipments shall remain the property of the Sender until Delivery to the Recipient. Until such Delivery, the Sender shall be entitled to change the address indicated in the consignment note or equivalent document or to suspend Delivery to the Recipient, subject to payment of an additional fee of up to 100% of the Courier Service price.
13.7. Senders shall be liable to the Courier for damages arising from the hazardous nature of Shipments or their contents, up to the amount paid as compensation to third parties whose Shipments were damaged as a result thereof.
13.8. The provisions of these Terms and Conditions shall be supplemented, where applicable, by the provisions of the applicable legislation in force in the relevant field, and the Courier undertakes to comply with the law in the course of its activities.