TERMS FOR "E-PACKAGE" SERVICE IMPLEMENTATION

 

SECTION I

GENERAL

  1. The following terms for the e-package service performing (the Terms), provided by "Bulgarian Posts" PLC, hereinafter referred to as BP, delineate the rights, obligations and responsibilities of the parties of the agreement associated with the service provision.
  2. The parties in the agreement under 1 may negotiate other terms for the performance of the e-package service upon concluding individual agreements, an integral part of which are the following Terms.

 

SECTION II

SCOPE AND CHARACTERISTICS OF THE SERVICE

  1. Scope and characteristics of the service

3.1. The e-package service includes acceptance in the PO / ESC / PU, processing and delivery in the PO / to the address of the items recipient for the country, containing goods / documents from e-commerce and large customers. Item (shipment) senders can be individuals and legal entities.

3.1.1. Characteristics:

  1. a) Maximum weight – up to 20 kg;
  2. b) The sizes for each of the three dimensions (length, width and height) from 100 mm to 600 mm.

3.1.2. Additional services:

а) insured value;

  1. b) cash on delivery - provided for shipment with insured value;
  2. c) delivery notice;
  3. d) sms notification - for the recipient for the shipment availability and for the sender that the shipment submitted by him has been delivered, so he can receive the amount of cash on delivery in the PO where the shipment was submitted
  4. e) review the contents of the shipment;
  5. f) submission of an shipment at the expense of the recipient;
  6. g) documents return (take-back);
  7. h) shipment
  8. The insured value in agreement with p. 3.1.2. (a) is indicated by the sender and must correspond to the actual value of the shipment content.

4.1. The maximum amount of the insured value up to which e-package shipments are accepted is BGN 3,000.

 

SECTION III

TERMS FOR "E-PACKAGE" SERVICE PROVISION

  1. E-package" service provision

The e-package service is provided both after signing an agreement as well as to individual customers.

  1. Acceptance of e-package shipments.

6.1. Shipments are accepted:

6.1.1. In PO/ESC/PU;

6.1.2. From the sender's address - if possible and at additional payment according to a signed agreement.

  1. The agreement for the e-package service between BP and the customers is considered to be:
    • Concluded, with acceptance of the shipments in PO / ESC / PU;
    • Completed, with the delivery of the shipment to the recipient, or with the shipment return to the sender, in case it has not been delivered to the recipient.
  2. E-package shipment from individual customers are accepted open for content verification.
    • The packaging and closing of shipments must be appropriate to their volume, weight and contents so as to ensure that they are protected from damage.
  3. BP specifies the forms and content of the documents (blank forms), which should be filled on acceptance, transporting and delivering of the e-package items.
  4. Delivery of e-package shipments.

10.1. Delivery of the e-package shipments is being performed in all POs of BP, and if possible to the address, with additional payment

  • Delivery of e-package shipments with cash on delivery. The items are delivered personally to the recipient or to a person authorized by him, after paying the amount of the cash on delivery, which is paid to the sender:

10.2.1. "In cash" in the PO where the shipment was submitted - for individual customers;

10.2.2. By transferring the amounts to the bank account of the contracting authority for the shipments under this agreement.

10.3. E-package shipments “at the expense of the recipient" are delivered after payment by the recipient of the price due for the service. In case the recipient refuses to pay the price of the service, the shipment is returned to the sender after he pays the price of the service.

10.4. Recipients have the right, before receiving the shipment and pay the cash on delivery amount, in the presence of an employee of BP, to review the contents of the item only in cases when the sender has requested this service. In the event that the recipient refuses to receive the shipment after checking the contents, he pays a return price, except in cases when the sender has requested the "Return at the expense of the sender" service.

In case it is established that the shipment is damaged, robbed or destroyed, a finding of non-conformity shall be made in 2 (two) copies, where signatures by the BP employee and the recipient shall be placed.

  1. BP delivers the shipments personally to the recipient, to a person representing the recipient by virtue of a power of attorney or by law, or to a person at the address of the recipient against a signature and presentation of an identity document. To prove the delivery of e-package items, the delivery forms and software products shall be filled in with the full names and PIN of the recipient and the authorized person in case of authorization. If the shipment is delivered to a person other than the recipient, the name of the person who received the shipment shall be filled in the delivery forms and software products. The person receiving the shipments identifies himself with an identity document.

 

SECTION IV

DELIVERY DEADLINES (TERMS)

  1. The deadline for delivery of e-package shipments is up to 2 working days after their

12.1. The shipments are stored for 7 (Seven) days after receipt in the PO of delivery. After this period they are returned to the sender with the reason "Unclimed".

  1. E-package shipments that cannot be delivered because the recipients refuse to receive them or to pay the amount of the cash on delivery and / or " at the expense of the recipient" are immediately returned to the senders.
  2. The refusal of the recipient to receive the shipment, as well as to pay the amount of the cash on delivery and / or " at the expense of the recipient" shall be certified by a signature on the delivery document and / or the address label. Refusal of the recipient to sign the shipment is certified by the BP employee delivering the shipment.

 

SECTION V

RIGHTS AND OBLIGATIONS OF CUSTOMERS

  1. Customers have the right to:
    • Receive information from BP in an accessible way regarding:
  1. a) the technical requirements of BP for shape, dimensions, weight, packaging, etc.
  2. b) the prices of services;
  3. c) forbidden objects and substances for insertion in e-package items;
  4. d) the amount of benefits;
  5. e) a deadline for submitting complaints
  6. f) other requirements related to the use of the service.

15.2. Receive quality performance of the service.

15.3. Make complaints and in case of justified complaints to receive appropriate compensation.

15.4. The sender has the right until the moment of the shipment delivery to the recipient with a written application for an additional charge to request:

а) his sent shipments to be returned back;

  1. b) to change the name of the recipient and the delivery PO.
  1. The senders are obliged:
    • To prepare the shipments in a form that meets the requirements of Section III of following
    • To prepay the price of the service when the senders are individual clients, except in the cases of using the " at the expense of the recipient" service.
    • To pay the price of a service for a shipment "at the expense of the recipient", in case of shipment’s
    • To provide the most complete and accurate information about the recipient of the shipment.
    • To not insert prohibited objects and substances in the shipments.
    • The senders are liable to BP for the damages caused by shipments submitted by them to other shipments. Their liability is to the extent that BP is liable to the people whose shipments were damaged.
    • The senders are liable to the BP for the damages caused by the shipments submitted by them on the property or the employees of the BP.

 

SECTION

RIGHTS AND OBLIGATIONS OF BP

  1. BP has the right to:
    • To require the shipment to be in a suitable form and packaging for transportation, which does not endanger the integrity or content of the other items.
    • Not to accept shipments that do not meet the requirements of Section III or contain the substances or materials prohibited for transport described in Section VIII.
    • To receive compensation from customers for damages caused by their shipments, caused to the property of BP or other shipments.
  2. BP is obliged to:
    • provide information to customers on:

а) technical requirements for items - shape, size, weight, packaging, etc., as well as for their addressing;

  1. b) the prices of services;
  2. c) forbidden objects and substances for insertion in e-package items;
  3. d) the amount of benefits;
  4. e) a deadline for submitting complaints;

19.2. To fulfill the requirements governing the security of shipments and comply with the conditions for monitoring and control of services by the competent authorities, complying with the rules of Ordinance № 6 of 01.11.2011 on the requirements for postal security.

19.3. To notify the Customers as soon as possible for restrictions on the provision of services imposed by the competent authorities in exceptional circumstances or in connection with the national security and defense of the country.

19.4. To perform the service paid by the customer in accordance with the present terms and the individual agreement, if such was signed.

19.5. To repack the shipments, the integrity of which has been damaged during transportation, in order to preserve their contents, in compliance with the rules of the Measures for protection of the secrecy of correspondence.

19.6. In case of suspicion of forbidden objects or substances inserted in e-package shipments, BP requires the sender's consent to perform an inspection. In case of refusal the item is not accepted.

19.7. When there are sufficient grounds to believe that an accepted e-package contains prohibited objects or substances, BP shall detain the shipment and take action in accordance with the Postal Services Act (PSA).

  1. BP is not responsible:

20.1. for damage or destruction of shipments, occurred as a result of force majeure within the meaning of Art. 306 of the Commercial Act;

20.2. when e-package shipments cannot be traced due to the destruction of documents and information about them by force majeure;

20.3. when the damage or destruction of the e-package shipments has occurred due to the fault of the sender or arises from the nature of the contents of the shipments as well as the non-conformity of their packaging;

20.4. for e-package shipments, containing prohibited objects or substances which have therefore been detained by the competent authorities in accordance with the established procedure;

20.5. when the e-package shipment is delivered / returned to another person because of incomplete or incorrect data about the recipient / sender;

20.6. when the sender of an e-package has not filed a written complaint within six months from the date of acceptance of the item;

20.7. for delayed or undelivered shipments due to incomplete or inaccurate data of the recipient;

20.8. for delay or impossibility to deliver the shipments, if this is due to reasons caused by force majeure within the meaning of Art. 306 of the Commercial Act;

20.9. under item insurance agreements concluded by the senders of shipments with insurers, when the latter enter into the rights of the insured, according to the Commercial Act, above the amounts of the compensations prescribed to the sender or the recipient under these Terms.

 

SECTION VIІ

PROHIBITED OBJECTS AND SUBSTANCES FOR

INSERTING IN E-PACKAGE SHIPMENTS

  1. It is forbidden to insert the following substances and objects in the e-package shipments:
    • narcotic, anaesthetic, psychotropic and poisonous substances
    • weapons, ammunition, pyrotechnic articles, explosives, flammable or other dangerous substances and objects;
    • obscene or immoral objects
    • objects and substances which by their nature or packing endanger the life or health of BP employees or others or can contaminate or damage other shipments and equipment;
    • religious materials of prohibited or unregistered sects and organizations in the country;
    • movable cultural monuments for which no authorization or certificate is available;
    • excise goods and tobacco waste, the holding, transportation, supply and sale of which are prohibited by the Excise Duties and Tax Warehouses Act.
      • With the exception of insured shipments, it is not allowed to send coins, banknotes, currency, traveller’s checks, valuable items of the sender, platinum, gold, silver, processed or unprocessed precious stones and other valuables in the e-package item.

 

SECTION VIІI

COMPLAINTS (CLAIMS) AND COMPENSATION PROCEDURES

  1. BP owes compensation to the customers of the e-package service in the cases of:

22.1. lost, robbed or damaged, in whole or in part, e-package shipments, with or without insured value and with or without cash on delivery;

22.2. in case of non-payment of the cash on delivery

  1. For the accepted as reasonable complaints the amounts of the compensations are as follows:

23.1.For a lost, robbed, damaged shipment without insured value, compensation is paid for the actual value of the damage, but not more than the amount calculated from the sum of BGN 5 for an e-package shipment and the price of BGN 2 per kilogram of e-package shipment weight.;

23.2. For a lost, partially or completely robbed or damaged e-package shipment with insured value, the actual value of the damage is paid, but not more than the amount of the insured value.

23.3. For all uncollected amounts on delivered e-package items with "cash on delivery" or for unpaid amounts to the senders on "cash on delivery", BP is liable equal to the amount of "cash on delivery".

23.4. In addition to the compensation under p. 23.1,p. 23.2 and p. 23.3, the prices paid for the service shall also be refunded.

  1. In case the sender of the shipment has indicated incomplete or inaccurate data of the recipient, BP is not responsible for non-compliance with the delivery deadline.
  2. The customers realize their right for claim under 23 by submitting written complaints to BP.
  3. The complaint can be submitted in each PO or through the official website of BP. A copy of the document for submission of the shipment (when the complaint is made by the sender) and / or the document for established irregularities during its delivery, if such has been drawn up, shall be attached to the complaint.
  4. The deadline for filing a claim is six months from the date of the shipments acceptance.
  5. BP is obliged within 1 month from the filing of the complaint to notify the complainant in writing about the result of the investigation of the respective complaint.
  6. If the claim is upheld, the compensation shall be paid within one month from the date of the notification.

 

SECTION IX

DISPUTE RESOLUTION PROCESS

  1. Disputes between BP and customers are being resolved through direct negotiations between them. If no agreement is reached, either party may apply to the Communications Regulation Commission or bring an action before the

 

SECTION X

OTHER SIGNIFICANT TERMS

  1. In case of impossibility to return the shipment or refusal of the sender to receive the returned shipment, the same shall be stored by BP within 6 (six) months from the date of shipment After the expiration of this term the shipment remains at the disposal of BP.

BASIC (KEY) CONCEPTS

"CUSTOMER" is any natural or legal person who uses the e-package service as a sender or recipient.

"SENDER" is a natural or legal person who sends an e-package shipment.

"RECIPIENT" is a natural or legal person specified in the address of the shipment.

"FORCE MAJORITY" is an unforeseen or unavoidable event of an extraordinary nature that occurred after the conclusion of the agreement.

“POSTAL SECURITY "is a set of measures and actions for protection and preservation of postal items, cash, property of operators, life and health of employees and customers, ensuring the secrecy of correspondence and inviolability of postal items, protection of personal data and assistance to detection of violations and crimes committed against or through the postal network These measures are carried out through the relevant structures, qualified personnel and technical means.

"INSURED VALUE" is a postal service representing the responsibility of the postal operator up to the amount of the value of the contents of the postal shipment declared by the sender in case of loss, robbery or damage.

"CASH ON DELIVERY" is an additional service in which the postal shipment is delivered to the recipient against payment of an amount fixed by the sender.

 

ABBREVIATIONS (USED)

PO - Post office

PU - Processing unit

ESC - Exchange and sorting center (Bulgarian exchange and sorting center-BESC)