GENERAL TERMS
of the Contract with the users of non-universal postal services,
provided by “DER KURIER” OOD, carrying out activity according to issued certificate for registration for performance of non-universal postal services № 0021 / 03.11.2009
Part I: General Provisions
1. With these General Terms and Conditions of the contract with the users of courier services, included in the scope of the non-universal postal service provided by “DER KURIER” OOD (Courier), hereinafter referred to as “General Terms and Conditions” ), the rights, obligations and responsibilities of the parties to the contract are determined.
2. General concepts:
– Contractor / Courier – “DER KURIER” OOD
– Assignor / Client – a natural or legal person, or his representative, who assigns and pays the contractor to perform a specific courier service;
– Sender – a natural or legal person, or his representative, who hands over the courier shipment to the contractor for the performance of the specific courier service;
– Recipient – a natural or legal person, or his representative, who receives the courier shipment delivered through the assigned courier service;
– Courier shipment – documents, objects, goods, medical substances, and other objects and substances not prohibited for transportation by law, sent by the Sender and delivered to the Recipient;
– Bill of lading – a transport document containing the basic information about the courier shipment and obligatorily accompanying it from the receivable to the delivery;
– Dangerous goods – substances and goods that are classified by law as such and transported according to the requirements of ADR.
3. Users of non-universal postal services provided by the Courier may be all Bulgarian and foreign natural and legal persons, commercial companies within the meaning of the Commercial Law, non-profit legal entities and others.
4. Users of non-universal postal services provided by the Courier may read these General Terms and Conditions at the Courier’s office, on its website or upon acceptance of the shipment.
5. With their signatures on the documents they fill in upon acceptance of the shipments, the Senders / Assignors declare that they have read and agree with the content of these documents, as well as that they accept these GTC and agree with their content.
6. For the events and concepts not agreed in these GTC, the Postal Services Act (PSA) and the general civil legislation of the Republic of Bulgaria shall apply. Part II: Scope of the services
7. “DER KURIER” OOD performs express courier services, upon request, from party of the Sender / Assignor, by transporting and delivering to the addresses indicated by him (in the country and abroad) his shipments, according to the previously announced requirements and terms of delivery and in accordance with the terms of the contract signed between the two parties.
8. The General Terms and Conditions apply to the courier services provided by the Courier both on the territory of the Republic of Bulgaria and abroad. Part III: Contract for courier services
9. The contract for courier services consists of two parts – the bill of lading of the contractor and the current GTC. The contract is considered concluded by placing the signatures of the sender and the courier on the bill of lading, which is an integral part of the shipment. The contract is considered fulfilled by the signature of the recipient, which certifies the delivery of the shipment. The items are accepted from the address of the Sender or in the office of the Courier. Part IV: Guarantees for quality and efficiency of the service
10. “DER KURIER” OOD guarantees protection of the secrecy of the correspondence of the users and the requirements for postal security, as during the postal service and beyond, such as:
10.1. It has no right to misappropriate postal items;
10.2. He shall not have the right to open postal items, except with the written consent of the sender or the recipient, on sufficient grounds to consider that the postal item contains prohibited articles or substances, as well as by order of the competent bodies of the Ministry of Interior;
10.3. I have no right to take from the contents of open postal items;
10.4. Has no right to provide references and information about the postal items and their content, except to the sender and the recipient or to persons authorized by them, as well as by order of the competent bodies of the Ministry of Interior in accordance with the procedure established by law;
10.5. It is not allowed to provide information about personal data of its clients to third parties, except to the competent bodies of the Ministry of Interior in accordance with the law. Part V: Prices and methods of payment
11. The courier forms the prices of postal services provided individually for each shipment, depending on its specific characteristics and regularity of delivery.
12. The prices for the performed courier services are paid by bank, and the payment can be made in certain terms, by agreement with the Courier. Part VI: Conditions for acceptance and delivery of courier shipments
13. The courier shipments are accepted and handed over by the Courier to the Senders / Assignors and Recipients directly, according to the terms of the bill of lading, at the address or in the office of the Courier.
14. The consignor / Assignor must provide information on the form, minimum and maximum dimensions, weight and method of packaging and addressing of courier shipments.
15. The packaging and closing of consignments must be appropriate to their volume, weight and contents so as to ensure that they are protected from damage.
16. When sending a shipment, all data in the bill of lading shall be filled in according to the instructions of the Sender / Assignor. By signing it, he:
– confirms the entered data;
– provides personal data and gives his consent for their processing, necessary for the implementation of the concluded contract for courier service, to which he is a party;
– assumes full responsibility if they are inaccurate or incorrect;
– accepts that he is familiar with the current GTC and they are part of the courier service contract.
17. When sending a shipment, all data about the Recipient shall be filled in according to the information provided by the Sender / Assignor, submitted in physical or electronic form, and the Courier shall not undertake to verify their authenticity.
18. Each courier shipment is delivered to the Recipient personally or in his absence to a person who has undertaken to deliver it to the Courier. This circumstance is noted on the bill of lading.
19. The courier undertakes to deliver each courier shipment within the terms agreed between the parties, in accordance with the nature of the shipment. If such term is not explicitly agreed, the Courier is obliged to deliver the shipment within 1 (one) to 10 (ten) working days.
20. The Recipient’s refusal to receive a consignment shall be noted by him on the transport contract accompanying the consignment and shall be signed. If the recipient refuses, this is certified by an employee of the Courier, who enters the refusal and signs.
21. Shipments that cannot be delivered due to objective circumstances beyond the control of the Courier, e.g. changed address of the Recipient, the specified address is insufficient or does not exist, etc., are returned to the sender at his expense. If he refuses to receive it within 7 days of its notification, the shipment becomes the property of the Courier. He has the right, in his capacity as owner, to sell or destroy it. Part VII: Rights and obligations of the Courier, the Sender / Assignor and the Recipients of courier services
22. The courier has the right to organize and execute at his discretion the acceptance, processing, transportation and the delivery of consignments using routes, means of transport or subcontractors that it deems optimal and appropriate.
23. The courier has the right to repackage and / or repackage consignments, the integrity of which has been violated, in order to preserve their content, as well as to perform control measurements of consignments to establish the correct tariff weight of consignments and if declared incorrectly by the Sender / Assignor. to retariff them;
24. In case of suspicion of prohibited items or substances in a shipment, the Courier has the right to inspect the shipment in the presence or with the written consent of the Contractor / Assignor. In case of refusal or non-response, he has the right to refuse to accept the consignment or to notify the prosecutor’s office for inspection by the competent authorities, if the consignment has already been accepted.
25. Consumers have the following rights and obligations:
26. Consumers have the right to receive information in an accessible way about the GTC, the price for the courier service, requirements regarding the shape, minimum and maximum sizes, weight and method of packaging and addressing of postal items;
27. Consumers have the right to make complaints in case of damaged, lost, destroyed or robbed shipments, in case of non-compliance with the delivery deadlines and to receive appropriate compensation;
28. The senders / Assignors of courier shipments are obliged:
– to comply with the requirements for shape, weight, dimensions and manner of addressing;
– to submit consignments with packaging and closure, in accordance with their volume, weight and content, so as to ensure their preservation from damage, and all consequences of non-compliance are at their expense, risk and responsibility;
– not to place prohibited objects and substances in the courier shipments.
– declare the exact contents of the consignment if it contains excise goods. In the presence of such, the Courier is obliged to notify the Customs Agency of the upcoming transport.
– when submitting consignments to fill in a declaration with the following text: “I declare that the consignment does not contain excise goods with unpaid excise duty”. In the absence of an explicit such declaration, it should be considered that the consignors / contracting authorities declare this circumstance (the consignment does not contain excise goods with unpaid excise duty) by placing their signature on the consignment note accompanying the goods.
29. The courier is obliged to perform the service paid by the user with quality parameters defined in these General Terms and Conditions.
30. The courier undertakes to comply with the requirements for personal data protection when performing the provided services.
31. The Courier undertakes to execute additional orders of the Sender / Assignor before the shipment is delivered, if they are executable and do not violate the organization of work of the Courier.
32. The senders / assignors and the recipients of courier shipments have the following rights and obligations:
32.1. Shippers / Assignors are obliged to pack the shipment in front of a representative of the Courier;
32.2. The Shippers / Assignors have the right to dispose of the shipments until the moment of their delivery to the Recipient, in their capacity of their legal holders and disposers, and undertake to bear all costs of the Courier for the execution of the orders;
32.3. The consignors / Assignors grant a limited right to the consignees to order:
– change of the address indicated by the Sender, to which the delivery of the consignment should be made, within the settlement to which the consignment has been sent;
– change of the delivery date indicated by the Sender, within the settlement to which the shipment has been sent – with one day notice sent to the Courier.
32.4. Shippers / Assignors are obliged to pack their shipments in a form suitable for transportation. The courier does not accept shipments with inappropriate packaging, and in case he accepts such for transportation, they are considered to be properly packed;
32.5. The Shippers / Assignors are responsible for the damages caused by the shipments of the property / employees of the Courier or of other shipments / persons submitted by them. The liability is in the amount of the losses incurred by the Courier or the compensations paid;
32.6. The senders are obliged to pay the value of the service for shipments sent at the expense of the Recipient, in case of refusal to pay by him;
32.7. Senders and recipients have the right to receive full information about the characteristics and parameters of the services offered by the Courier, to submit applications and complaints, as well as to receive compensation for damages caused by the Courier, according to the terms of these GTC. Part VIII: Prohibited items and substances
33. “DER KURIER” OOD does not provide courier services for shipments containing:
– tobacco products without Bulgarian excise;
– narcotic, narcotic, psychotropic and poisonous substances;
– weapons, ammunition, fuels, pyrotechnic articles, explosives, incendiary or other dangerous substances and objects;
– articles and substances which, due to their nature or packaging, pose a danger to the life or health of Courier employees or other persons, or may contaminate or damage other items and postal equipment;
– religious materials of sects and organizations banned or not registered in the country;
– movable cultural monuments for which no permit or certificate has been issued;
– excise goods and tobacco waste, the holding, transportation, transportation, supply and sale of which are prohibited by the Excise Duties and Tax Warehouses Act.
– bottled alcoholic beverages falling within CN code 2208, with labels indicating the quantity of hectoliters of pure alcohol measured at 20 ° C lower than the actual quantity of hectoliters of pure alcohol measured at 20 ° C in the relevant bottle;
– bottled alcoholic beverages falling within CN code 2208 with excise stamps indicating the nominal quantity in liters, lower or higher than the capacity of the bottle concerned;
– bottled alcoholic beverages falling within CN code 2208 without excise label, where compulsory, affixed with a counterfeit or forged excise label or with an expiry excise label;
– bottled alcoholic beverages falling within CN code 2208 with DUTY FREE excise label;
– tobacco products without excise label, where such is obligatory, affixed with a false or counterfeit excise label or with an expiry excise label;
– tobacco products in bulk or in individual pieces and pieces of open packaging, except in the case of the sale of hand-rolled cigars;
– tobacco products with an inscription that must contain the words DUTY FREE;
– hand-rolled cigarettes or cigarettes made from filter blanks in quantities of more than 40 pieces;
– tobacco waste other than smoking tobacco (for pipes and cigarettes);
– used excise labels;
– bulk (non-bottled) alcoholic beverages falling within CN code 2208 and having an alcoholic strength of 15% vol or more;
– alcoholic beverages falling within CN code 2208 and with an alcoholic strength of 15% vol or more, in plastic containers (bottles).
34. In courier shipments, with the exception of shipments of declared value, consumers are not allowed to place coins, banknotes, banknotes, travel checks, items of value to the sender, platinum, gold, silver, processed or unprocessed precious stones, etc. valuables. Other substances and objects specified in international agreements, as well as objects, the import or distribution of which is prohibited in the country of destination, may not be placed in international courier shipments, including those of declared value. Part IX: Complaint procedures and benefits
35. “DER KURIER” OOD does not work with cash on delivery.
36. A complaint to the Courier may be submitted in connection with incomplete, incorrect or delayed performance of the contract for courier service, within 6 months from the date of acceptance of the shipment, according to Art. 86, para. 2 of the PSA. In cases where the inaccurate performance of the service is established before the Courier and in his presence, the Courier draws up a statement of findings, which he applies as part of the complaint procedure. The courier is obliged to start a complaint procedure in the absence of a statement of findings.
37. In case the Sender / Assignor of the consignment or the message has indicated an incomplete / inaccurate address or an incorrect telephone number for contact with the Recipient, the Courier is not bound by the previously announced term of delivery of the consignment.
38. The courier is liable for direct damages to the shipment, not for indirect damages (lost profits).
39. The courier shall be released from liability for any delay or inability to perform his duties, if this performance is hindered or delayed by reasons caused by insurmountable natural phenomena, strikes, riots, war, which are established by the relevant competent authorities.
40. Complaint for missing or damaged part of the content of a courier shipment or delayed performance of the courier service shall be certified by an entry in the bill of lading and a statement of findings at the time of receipt of the shipment. The courier is obliged to provide an opportunity to check the condition and content of the shipment by the Recipient.
41. The indemnity on claims concerning delayed performance of the courier service, absence or damage of part of the contents of a courier shipment without Declared value shall be determined by the Courier and shall amount to the actual value of the caused damage, but not more than three times the value of the courier service.
42. The indemnity for claims concerning the absence or damage of a part of the contents of a courier shipment with Declared value shall be determined by the Courier and shall be in the amount of the actual value of the caused damage, but not more than the Declared value.
43. The compensation for claims for loss, destruction or theft of a courier shipment without Declared value shall be determined by the Courier and shall amount to up to five times the value of the courier service.
44. The indemnity on claims for loss, destruction or theft of a courier shipment with Declared value is up to the amount of the declared value itself, and according to an agreement between the parties monetary compensation may be paid up to the Declared value or similar goods may be delivered.
45. The indemnity on claims for returned courier shipments, in the cases when there are no motives for their non-delivery, is in the amount of BGN 50.
46. In case of a claim event on shipments with Declared value, for which it is established that the ones sent by the Sender / Assignor data recorded in the bill of lading of the Courier are incorrect, the Courier does not pay compensation.
47. The term of payment of compensations by the Courier is three working days from the date of the signed bilateral agreement between the Courier and the Client for the amount of the accepted claim.
Part X: Protection of personal data
48. Der Kurier OOD has the right to collect and use information about its customers in carrying out its activities. Der Kurier OOD collects, processes and stores the personal data of its customers in accordance with legal regulations and only with a view to the precise performance of the offered courier services.
49. Der Kurier OOD takes due care and is responsible for the protection of information about the client, which became known to him in connection with the services provided, except in cases of force majeure, accident or malicious actions of third parties, as well as in cases which the customer himself has made this information available to third parties.
50. Der Kurier OOD undertakes not to edit and / or disclose any personal information about the client or the courier services used by him and not to provide the collected information to third parties, except in cases where:
– the client has given his explicit consent at registration or at a later time;
– this is necessary for fulfillment of a normatively established obligation of Der Kurier OOD;
– the information is requested by state bodies or officials, who according to the current legislation are authorized to request and collect the relevant information in compliance with the legally established procedures;
– the information regarding the personal data is provided to employees or subcontractors of Der Kurier OOD for activities for administration of the implementation of the courier services requested by the client.
51. When using the website, the client remains anonymous until the moment he registers as a user, filling in the attached contact form. Der Kurier OOD declares that the personal information provided to it by the client will be collected, processed and stored under conditions of complete confidentiality and without the express written consent of the client will not be provided to third parties, except in cases where this is required. from the current Bulgarian legislation. After successful registration on the website, each user receives a unique customer number. In case a registered customer does not want to store his personal information in the database, he should contact the Courier in a timely manner. If a registered customer wishes to correct his data, it is necessary to send a written request to the specified e-mail addresses.
52. Der Kurier OOD warns that in the transmission of data via the Internet there is always the possibility of unscrupulous third parties to establish access to the transmitted information, as well as to misuse it.
53. With regard to the processing of personal data, the Client has the right at any time to:
– receive information
– make a correction
– delete (“right to be forgotten”)
– limit the processing
– portability of data
– rejection
– withdrawal (with consent) )
– lodging a complaint with the data protection authorities
54. Contact details:
DER KURIER OOD
13 YUNDOLA STREET
1505 SOFIA
BULGARIA
E-mail: info@der-kurier.bg, derkurierbg@gmail.com
Phone: +359 2 816 2882
Part XI: Dispute Resolution Procedure
55. Disputes arising shall be resolved on the basis of good partnership cooperation, through negotiations and additional agreements. In case of disagreement, either party may request the assistance of the competent authorities or refer the dispute to the competent Bulgarian court.