I. General Provisions:
1.1. 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.
1.2. 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.
1.3. 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.
1.4. 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.
1.5. The individual contracts concluded between the Courier and the Customer shall prevail over the General Terms.
II. Definitions:
“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.
2.1. “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.
2.2. “Contact Points” means the set of physical facilities through which Courier Parcels can be delivered to Recipients;
2.3. “Acceptance of Courier Parcel” is an activity of the Courier involving the collection of Courier Parcels deposited by Senders at the Access points.
2.4. “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.
2.5. “Courier Network” means the system of organisation and resources of any kind that is used by the Courier Service Providers, mainly for:
Acceptance of Parcels;
carriage and handling of Parcels from Access Points to distribution centres;
Distribution of the Parcels to the indicated addresses;
2.6. “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.
2.7. “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).
2.8. “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: Mladost District, 40 Tsarigradsko Shosse Blvd., floor 2, 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.
2.9. “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;
2.10. “Customer” is any natural or legal person who uses a Courier Service as a Sender or as a Recipient.
2.11. “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;
2.12. “Distribution” means the process that begins with the sorting of Parcels and ends with their Delivery to the Recipients;
2.13. “Date of Submission of the Parcel” means the date on which the Parcel was Accepted.
2.14. “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.
2.15. “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.
2.16. “Return documents” is a pre-ordered documentary Parcel, which the Courier accepts from the Recipient and delivers back to the Sender.
2.17. “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.
2.18. “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.
2.19. “Improperly Packed” is a Parcel, which does not conform to the requirements for proper packaging as stipulated in these Terms.
2.20. „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.
2.21. “Recipient” – the natural or legal person indicated on the consignment note as an addressee of the Parcel;
2.22. “Sender” – the natural or legal person which is indicated on the consignment note as a Sender of the Parcel;
2.23. “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
3.1. 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”).
3.2. The Courier services provided by the Courier include:
3.2.1. 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;
3.2.2. Delivery of international non-palletized Parcels via road or air means of transport;
3.3. Additional services, provided to the Courier services, are:
3.3.1. Declared value;
3.3.2. Delivery receipt;
3.3.3. Return documents;
3.3.4. Cash on delivery;
3.3.5. Open/Open before payment;
3.4. 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”.
3.5. 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.
3.6. 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
4.1. 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.
4.2. The Courier shall provide equal access to its services to all Customers, on pre-announced working days and working hours.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. 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
5.1. The packaging of Parcels is a responsibility of the Sender.
5.2. 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.
5.3. 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.
5.4. 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.
5.4.1. 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.
It is considered that the Parcel is Properly packed, if it is accepted for carriage by the Courier
5.5. Excluded from Acceptance, sorting, carriage and Delivery:
a) Parcels consisting of goods, the carriage of which is prohibited by law, or even only in part;
b) Parcels whose packaging bears inscriptions contrary to public order or morality, as well as Parcels consisting of goods contrary to public order or morality;
c) Parcels featuring old labels or inscriptions not removed;
d) 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;
e) Parcels that, by the way of packaging, can cause damage to goods or endanger people, the environment, etc.;
f) 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;
g) 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;
h) 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.
i) narcotic, anaesthetic, psychotropic and toxic substances;
j) weapons, ammunition, pyrotechnic articles, explosives, flammable or other dangerous substances and items;
k) immoral items;
l) 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;
m) religious materials of cults and organizations banned or not registered in the Republic of Bulgaria
n) movable cultural monuments which are not accompanied by an issued authorisation or certificate;
o) any excise goods and tobacco waste, the holding, moving, transportation, supply, and sale of which are prohibited by the EDTWA;
p) 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
q) energy products as per the EDTWA;
5.6. 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.
5.7. 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.
5.8. 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.
5.9. The Courier shall be entitled to refuse Delivery if, after acceptance of the Parcel, the Courier discovers a reason for exclusion from Acceptance, sorting, carriage and Delivery.
5.10. Acceptance conditions regarding the shape, size and weight of the Parcels. Payment
5.10.1. The Courier will accept Parcels with the following maximum dimensions, weight and shape:
5.10.1.1. For domestic non-palletized single-piece Parcels maximum tariff weight per piece up to 31.5 kg, respectively for multi-piece Parcels maximum tariff weight of the Parcel is up to 100 kg.
Maximum length of piece per Parcel (the highest length): 300 cm
Circumference + maximum length: 500 cm (circumference = 2 x height + 2 x width);
5.10.1.2. For international non-palletized Parcels: for single-piece Parcels the maximum tariff weight per piece is up to 31.5 kg, respectively for multi-piece Parcels maximum tariff weight of the Parcel is up to 100 kg.
Maximum length of piece per Parcel (the highest length): 300 cm
Circumference + maximum length: 500 cm (circumference = 2 x height + 2 x width);
5.10.2. Only single-piece Parcels with a size of 60 x 35 x 37 cm and a maximum physical weight of 20 kg are accepted for delivery to the automatic post office (“Automat“). Parcels of different size or weight are accepted after confirmation of the request by the Courier.
5.10.3. For envelopes: maximum weight 3 kg, dimensions 210 mm X 297 mm (A4 format);
The minimum charging unit is 1 kg (rounding the weight is done upwards, when the weight exceeds 0.01 grams).
For the purpose of correct invoicing the Courier reserves the right to measure and to weigh the Parcels entered in its Courier Network.
5.10.4. Each Parcel is identified in the Courier Network by a unique transport number (consignment note).
5.10.5. Delivery of the Parcel is made to the address indicated by the Sender, to the Recipient in person or to the person authorized to receive the Parcel (whose identification data need to be filled in the consignment note or other document accompanying the consignment note) or to the Courier’s Contact Point (served or unattended by the staff, including automatic delivery system/automatic post office), depending on Customer’s instructions. Delivery to the automatic delivery system / automatic post office (locker) is made every day of the week.
5.10.6. The Courier offers and provides Additional Courier services for Declared value, Delivery receipt, Return documents, Cash on delivery, Open/Open before payment
The Sender has the right to order changes with the Parcel until its Delivery to the Recieipient, including the rights to change its destination against additional remuneration. The Destination Change is offered and provided by the Courier only insofar as the new delivery address is within the same country indicated in the address at the time of submitting the Parcel (initial address).
5.10.7. The Sender may use the Additional Service “Declared Value” and declare a value of the domestic Courier Parcel in the maximum amount of 10,000 BGN. In such cases, the Parcel may be subject to full or partial compensation, as the case may be, if the loss or destruction occurred through the fault of the Courier and if the Sender has paid in advance an additional fee for the provision of such Additional Service equal to 1% of the Declared Value. The Courier does not offer or provide the Additional Service „Declared Value” for international Courier Parcels.
5.10.8. The Courier also performs the Cash on Delivery service („COD”), and the maximum limit of the cash refund for domestic Courier Parcels is BGN 10,000.00.
5.10.9. The allowed currency in which the acceptance and payment of amounts can be made in the case of Cash on Delivery services is BGN.
5.10.10. The deadline for returning to the Sender the value, accepted from the Recipient under the Cash on Delivery service is 3 (three) working days from Delivery.
5.10.11. The Sender may submit Parcels to the Courier’s offices or may request Acceptance from an address indicated by him, regardless of the type of service requested.
5.10.12. The service fee can be paid either in cash or by bank transfer to a bank account indicated by the Courier, no later than at the time of submitting the Courier Parcel in the Courier’s Courier Network. Exceptions are Parcels which are the subject of Courier 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 invoices issued bimonthly or monthly or otherwise agreed between the parties.
VI. Deadlines for keeping/ returning Parcels
6.1. Except for Parcels that are subject to Additional Services, in case of impossibility to deliver the Parcel to the Recipient (or authorized person), the Courier will notify the Recipient by a notice (written or by an SMS), regarding the attempt to deliver the Parcel and after a minimum of 3 attempts to deliver, it will keep, at the Contact Point, the Parcel that could not be delivered, for a period of 7 (seven) working days.
6.2. Parcels not delivered to the Recipient for one of the reasons provided by law will be returned to the Sender (with prior notice), to his/her/its address, or, in case of non-culpable impossibility to deliver to his/her/its address, will be provided to the disposal of the Sender at an Access Point/ Contact Point of the Courier. Parcels will be returned according to the Sender’s specifications based on a delivery and receipt report and will be charged according to the commercial offer. The deadline for returning the domestic Parcel is 5 (five) working days from the date of expiry of the approved storage period or from the date of the Delivery attempt, as the case may be. The deadline for returning international Parcels is 7 (seven) working days from the date of expiration of the approved storage period or from the date of the Delivery attempt.
6.3. The Courier also offers the possibility to return the Parcel quickly without notifying the Recipient for the return and, respectively, without keeping the Parcel at his disposal. Thus, if the Sender has requested in writing, at the time of handing over Parcel, to return the Parcel promptly, without notifying the Recipient and respectively, without keeping the Parcel at his disposal, in case of impossibility to deliver it to the Recipient, the Courier proceeds to the return of the respective Courier Parcel according to the Sender’s option, within the term and according to the procedure established in article 6.2.
6.4. In the case of the Delivery Receipt service for domestic Parcel, the deadline for returning the proof of Delivery (confirmed in writing by the Recipient) is 5 (five) working days from the delivery.
6.5. The term in which the Sender can request the proof of Delivery of the Parcel is 9 (nine) months from the date of accepting the Parcel, and the term of providing the proof will be 30 (thirty) calendar days from the request, by a method agreed with the Sender (e.g., fax, e-mail, paper, etc.), without incurring additional costs to the Sender.
6.6. The Parcels that could not be delivered to the Recipient and returned to the Sender will be kept by the Courier for 9 (nine) months from the date of their submission. After expiry of this period, these Parcels will become the property of the Courier.
6.7. The Courier will deliver the Parcel to the Recipient / authorized person only on the basis of the signature of receipt applied, either on the bill of lading or on the Delivery note or via electronic signature which transforms the handwritten signature of the Customer in a digital image, put on the electronic form of the document without the need for paper printing or by PIN code sent by SMS on the mobile phone mentioned on the bill of lading. However, the application of the signature by the Recipient / authorized person does not exclude his / her obligation to prove his / her identity through a corresponding document.
VII. Guaranteed delivery times
7.1. 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.
7.2. 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.
7.3. For international Parcels, the Delivery time is 12 (twelve) working days from Acceptance.
VIII. Liability of the Courier
8.1. Liability and Compensations
The Courier shall be liable in all of the case provided by law for damages caused in the event of loss, theft, total or partial destruction or damage to the Parcel, if such circumstances have occurred between the time the Parcel was handed over at the Access Point and the time of Delivery to the Recipient, as well as in the cases of: (a) non-compliance with the Delivery timeframe, (b) returned Parcels without any reason for non-Delivery, (c) non-refund of received amounts of the Cash on Delivery to the Sender. The compensation is subject to the condition that the Customer submits in writing its complaint as described in Art. X.
8.1.1. For domestic Parcels, the Sender shall be entitled to a compensation, the amount of which shall be as follows:
a) in case of loss, theft or total destruction/ damage:
1. with the full Declared Value – for a Parcel that is ordered with the Additional Service “Declared Value”, whether or not it also includes the Cash on Delivery service;
2. with an amount equal to the fee for the service used – for Parcels for which Additional Service “Cash on Delivery” is ordered, but Declared Value service was not ordered;
3. with the amount representing 5 times the fee for the service used – for Parcels for which the Additional Service Declared Value or a Cash on Delivery was not ordered;
b) in case of partial loss or partial destruction or damage:
1. with the Declared Value for the missing, destroyed or damaged part or with the Declared Value share corresponding to the missing part of the Parcel – for Parcels for which the “Declared Value” service was ordered;
2. with the amount representing 5 times the service fee – for Parcels for which Declared Value service was not ordered;
c) in case of a Parcel for which a Cash on Delivery service was ordered, the Courier Service Provider shall be liable for refunding the full amount of the sum due for failure to return the full amount to the Sender or the corresponding difference up to its full amount, if the refund was partially collected.
d) in case of non-compliance with the delivery terms or in case of returned Parcels without any reason for non-delivery, compensation is due at the amount of the actual value of the damages suffered by the Customer but not more than the value of the price pairs to the Courier for the service.
8.1.2. The statutory interest for delay from the moment of introducing the complaint shall be added to the amounts provided in the preceding paragraph 8.1.1.
8.1.3. The complete loss of contents is equivalent to the loss of the Parcel.
8.1.4. If the Sender has declared a value lower than the actual value, the compensation is at the level of the Declared Value.
8.1.5. Apart from the compensations provided for in paragraph 8.1.1, the service fee paid upon submission of the Parcel shall also be refunded.
8.1.6. In the event of non-performance of any Additional Services ordered by the Sender through special indications, only the additional value of such services shall be refunded.
8.1.7. In case of loss of proof of Delivery of the Parcel for which the Delivery Receipt service was ordered, with written confirmation by the Recipient, the Courier shall have the obligation to draw up and make available to the Sender a duplicate of the proof of Delivery.
8.1.8. The Courier shall be responsible for international Parcels in accordance with the provisions of this chapter applicable to domestic Parcels.
8.1.9. The Sender may waive his/her/its right to compensation in favour of the Recipient.
IX. Limits of Liability
9.1.1. The Courier shall be exempt from liability in the following situations:
a) where the damage or destruction of the Parcels has been caused by the fault of the Sender or arises from the nature of the contents of the Parcels;
b) in respect of any Parcels containing prohibited articles or substances which, for this reason, have been confiscated or destroyed by the competent authorities according to the established procedure;
c) where, due to an incomplete or incorrect address, the Parcel has not been delivered to the Recipient or has been delivered to another person;
d) where the Sender or Recipient of the Parcel has not lodged a written complaint under the terms and conditions provided in these Terms.
e) the damages occurred as a result of a case of force majeure.
9.1.2. The Courier shall not be liable and cannot be held liable for indirect losses (loss of profit, income, interest, sales markets, auctions) or any other indirect damages caused by a delay, loss, destruction, defective Delivery or non-Delivery of Parcels.
9.1.3. The Courier shall not be liable for any alteration of the Parcel by means or by electromagnetic causes (e.g. demagnetization, X-ray scanning in security / customs procedures, etc.).
X. Complaints Resolution Mechanism
10.1. Submission of Complaints
10.1.1. Any complaint regarding Parcels shall be made by Sender/ Recipient in writing, by completing a Request for Complaint (Appendix 1 of these Terms) or in non-formal simple written form. The Request for Complaint shall be sent to the Courier either by a postal service with acknowledgment of receipt, or filed at the Courier headquarters in person, or sent by e-mail to [email protected]. After the submission of the Request for Complaint, the Customer will receive an acknowledgement for the receipt of the complaint that will be communicated/ delivered to the complainant in the same way in which it was received, unless otherwise agreed.
10.1.2. The following shall be entitled to complaint:
– the Sender or his/her/its authorised representative;
– the Recipient or his/her/its authorised representative.
10.1.3. The subject of the complaint may be:
– total or partial loss, theft, destruction/ damage of a Parcel;
– non-compliance with the Parcel Delivery times, as well as in cases where the Parcel was returned without any stated reasons for non-Delivery, and non-refund of the amount of the Cash on Delivery to the Sender;
– complaint from the professional conduct of Courier staff;
– any other objections regarding the quality of services provided or not provided, respectively.
10.2. Deadlines for receiving and handling complaints
10.2.1. The deadline for submitting the complaint addressed to the Courier Service Provider, shall be 6 (six) months from the date of acceptance of the Parcel.
10.2.2. A complaint may be lodged by the Sender/ Recipient or their legal proxies and shall be accompanied by relevant evidence, supporting the claims for Courier’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 consignment note/ transport document, a copy of the document certifying the payment of the Courier Service, the receipt/ invoice issued by the Courier Service Provider, photos, the packaging of the postal article, description of the destroyed/ damaged property that is the subject of the Parcel, as well as any other evidence to support the veracity of the claims). In case of claims related to the condition of the Parcel, they can be accepted as grounded only if they are entered in the consignment note at the time of receipt of the Parcel by the person who received it.
In order to resolve the complaint, the complaining Customer will have to identify the Parcel, describe the event (facts, actions and causes) related to the complaint, formulate their claims and the chosen method of payment in case of claimed compensation, and the information necessary for the transmission of compensation in accordance with the method chosen thereby, as well as the communication/ contact data.
10.2.3. The Sender/ Recipient shall be entitled to compensation only if the claim has been lodged within the time limit set out above.
10.2.4. The deadline for resolving the complaint is 1 (one) month for domestic Parcels and 3 (three) months for international Parcels, starting from the date of submission of the complaint and the Courier will notify the Customer in writing about the result.
10.2.5. If the Customer has duly submitted a complaint and it is rejected in whole or in part, or if the Customer does not receive a response within the response period, the latter may submit a written request to the Communications Regulation Commission for opinion on the dispute. Such proceeding shall not be an obstacle for asserting the rights in court.
10.3. Compensation rules
In case of grounded claims, the payment of compensation shall be made within 1 (one) month from the date of notifying on the result of the claim. The compensation is payable in cash, at one of the Courier’s offices or by bank transfer to a bank account provided by the complainant, depending on the complainant’s request.
XI. Rights and Obligations
11.1. The Sender has the right to:
· have its Parcel delivered pursuant to the terms of these General Terms, and pursuant to the special arrangements as stipulated in the consignment note, and any other written agreement with the Courier;
· receive in a due and timely course information about the terms, timeframes and tariffs of the services provided;
· cancel its request for a Courier Service at any time before the Parcel is handed over to the Courier for carriage;
· manage its Parcels as it sees fit, including disposing of them acting as a legal owner bearing all expenses arising thereof, until the time they are delivered to the Recipient.
11.2. The Sender is required to:
· not send any prohibited substances and items as per the Terms.
· prepare the Parcel in a way that its content, weight, size, shape, packing and appearance are in accordance with the present Terms and cannot cause damages to the other Parcels carried by the Courier;
· provide full and correct information about the Sender, Recipient and the contents of the Parcel, so that the consignment note can be correctly filled in as required by the Terms;
· pay any and all fees due thereby for the Courier Service and for the Additional Services (if any)
· indemnify the Courier in the cases provided by the law. The Sender shall be liable for the damages caused to the Courier and any third parties in the cases provided by the law.
11.3. The Courier has the right to:
· demand the Parcel to be Properly Packed in accordance with the means of chosen carriage and its contents, as well as with the Courier’s Terms;
· reject any Parcels containing prohibited substances and items;
· receive and obtain remuneration for the services provided thereby;
· receive a compensation from the Sender for any damages caused by its Parcel within the legal limits;
· organize and perform the services provided thereby at its own discretion by accepting, processing, redirecting, transporting and delivering Parcels using routes, vehicles, and/or subcontractors at its own discretion, as long as this does not lead to any additional charges for the Sender that have not been provided for by contract, or to any other breach of contract;
· weigh and measure the Parcels and re-calculate the prices when discrepancies are established;
· refuse carriage of a Parcel which is with Improper Packaging under the these General Terms. In case the Courier accepts for carriage such Parcel, and if the information provided by the Sender about the Parcel and its contents is correct, the Parcel will be considered Properly Packed.
11.4. The Courier is obliged to:
· ensure equal access for all Senders to all Courier Services which it provides;
· keep the privacy and confidentiality of the correspondence during and after the completion of provision of the Courier Service, as well as abide by the Data Protection laws;
· have the following documents readily available and visible: the General Terms of the contract, Up to Date Tariff, Information about the locations serviced thereby, Requirements for the parameters of the Parcels, Working hours, List of prohibited items for the Republic of Bulgaria and for any other countries where the Courier delivers, Deadlines for filing claims, and the compensation that can be obtained if the claim is honoured;
· provide the Courier Services as described on the consignment note, the Terms and the individual agreements;
· compensate the Senders who suffered losses caused by the Courier as stated in the Terms;
· review and take action on claims made by Customers.
XII. Resolution of disputes. Transitional and final provisions
12.1. All disputes between the Courier 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 other competent authority, and may refer the dispute to the competent Bulgarian court.
12.2. The secrecy of the Parcels is guaranteed by law. All persons involved in carrying out the activities under Courier Services are obliged to ensure the confidentiality of the Parcels – the preservation, opening or disclosure of the contents of Parcels is allowed only under the conditions and with the procedure provided by law.
12.3. It is forbidden to violate or disclose the content of any Parcels, to provide information about those who use the Courier Services, or to facilitate and encourage such acts.
12.4. Any Parcels related to criminal offenses, as well as all values and acts considered important in the discovery of crimes and their perpetrators and for finding out the truth may be made available to criminal prosecutors or courts, but only on the basis of a written provision, rendered by the competent body according to the Criminal Code and the Code of Criminal Procedure.
12.5. In the case of international Parcels, both parties shall additionally comply with the relevant legal provisions in the field of customs, as well as the legislation of the states on whose territory operations of Courier Services and those transited by postal packages are provided.
12.6. The Parcels belong to the Sender until they are delivered to the Recipient. Until then, the Sender has the right to change the address written on them or to stop the Delivery of the Parcel to the Recipient owing additional remuneration for this.
12.7. The Senders of the Parcels are liable to the Courier for any damages resulting from the dangerous nature of any Parcels or contents thereof, up to the amount of damages paid as compensation to the third parties whose Parcels have been damaged as a result of this.
12.8. The provisions of these General Terms shall be supplemented accordingly with the provisions of the legislation in force applicable in the field and the Courier undertakes an obligation to respect the law.
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.