Wednesday, 17 January 2018 , 9:17
General terms in Romania

General conditions for the provision of postal services ECONT FOR YOU SRL

1. General Provisions.

1.1. These General Conditions are the general terms of individual contracts concluded between Econt For You SRL (hereinafter called "Econt" or "Provider") and shippers with the provision of postal services by the Supplier identified in Section 2.1. as object.

1.2. Parties may establish, by their agreement, in the special conditions of individual contracts further concluded, any other terms relating to postal services mentioned in section 2.1., in compliance with the mandatory legal provisions.

2. Applicability of General Conditions.

2.1. General Conditions shall apply to the following postal services provided by Econt:

• For services included in universal service:

o Collection, sorting, transport and delivery of postal items weighing up to 2 kg (correspondence, printed);
o Advertising by mail with postal delivery weighting up to 2 kg as object;
o Collection, sorting, transport and delivery of postal packages weighing up to 10 kg;
o Distribution of postal packages weighing up to 20 kg from outside Romania sent to an address located on its territory;
o Recommended sending service having as object postal delivery weighting up to 10 kg and parcels sent from outside Romania to an address located on its territory weighting up to 20 kg;
o Stated value items sending service with object postal items weighting up to 10 kg and parcels sent from outside Romania to an address located on its territory weighting up to 20 kg;

• For postal services not included in universal service:

o Services having as object postal items weighting more than 2 kg (correspondence, printed);
o Advertising services by mail having as object postal items weighting more than 2 kg;
o Services having as object domestic parcels with weighting limits between 10 and 50 kg;
o Services having as object parcels with weighting limits between 10 and 50 kg, sent from the Romanian territory to an address outside its territory;
o Services having as object parcels with weighting limits between 20 and 50 kg, sent from outside Romania to an address located on its territory;
o “Ramburs” (Return) Service;
o “Destination change” Service;
o “Special delivery” Service;
o “Receipt confirmation” Service;
o “Express” Service;
o Documents exchange service.

3. The contract for the supply of postal services.

3.1. Individual contract concluded between the sender and supplier (hereinafter "Contract") with the provision of services mentioned in section 2.1. as object, will have two parts, namely waybill (AWB) and the present General Conditions.

3.2. The contract concluded between the Supplier and Sender will be considered concluded when accepting a postal mail in the postal network of the suppliers. Postal acceptance in compliance with the conditions specified in section 4, is confirmed by signing the waybill (AWB) and/or the special conditions by the Sender and Provider.

4. Providing access to postal services. Conditions of acceptance and delivery of postal items.

4.1. The Provider will provide the Senders without discrimination access to postal services mentioned in paragraph 2.1.

4.2. The Provider will not refuse postal items if the Sender strictly follows the provisions of these General Conditions.

4.3. For any shipment, all specifications relating to that transport contained in the waybill (AWB) and/or special conditions will be filled in based on data provided by the Sender. Signing by the Sender of the waybill (AWB) and/or special conditions confirms the specifications contained in the waybill (AWB) and/or special conditions and certifies that the Sender assumes full responsibility if the specifications are inaccurate or wrong etc. The Sender will provide accurate and complete information to Econt on the shipped goods, it will provide Econt complete and correct name and address of the recipient, stating, also, if any, the name and phone number of the contact person and/or other authorized person to pick up the correspondence in the recipient's name.

4.4. The Sender may submit an item if it is within the conditions mentioned in section 2.1.

4.5. Econt does not impose a minimum or maximum number of items.

4.6. Excluded from collection, sorting, transport and delivery are: postal items consisting of goods of which transport is prohibited by the legal provisions in force, even if only for a portion of the itinerary, of which wrapping bears postal inscriptions contrary to public order or morality and mailings consisting of goods which contravene public order or morality, weapons, ammunition, drugs, toxic substances, flammable or goods prohibited by law, or for which transport requires special authorization.

4.7. The Sender will ensure proper packaging of items before they are taken by Econt, to avoid damage or destruction and to be transported under the normal rules established by the Provider. The sender is exclusively responsible for proper packaging of shipping and therefore solely responsible for defective/improper packing that can lead to deterioration of the contents sent, Econt, being absolved of any liability for such damage.

4.8. Econt provides delivery of mail throughout the country through its own distribution system or through subcontractors.

4.9. For items submitted by legal persons, the person making the submission must prove that it is empowered by the legal representative for submitting the items.

4.10. For Ramburs (Return) Service and stated value services, the maximum limit of acceptance for postal delivery is RON 10,000 for any of the two services.

4.11. Prices of postal services provided by the Provider shall be determined by this one in its own Charge further agreed with the Sender and specifically mentioned in the special conditions of individual contract concluded with the Sender. Prices set forth in the special conditions of the contract will not exceed the individual indicated in Own Charge. Payment for the postal services provided by Econt will be made by the Sender, in cash or by bank transfer, under the terms and conditions established by the Provider with the Sender, in the terms of the concluded special postal services contract.

4.12. Postal delivery is done by ways permitted by the applicable law, with the following specifications:

a) in respect of consignments accompanied by a waybill (AWB), the Parties agree that they will be delivered to the addressee personally or, in case this is not possible, a person authorized to receive the items. Delivery to authorized person will be mentioned in the waybill (AWB);
b) in case of any type of shipment, if the recipient refuses to receive the items and / or to sign the receipt, this circumstance will be indicated by the Provider in the waybill (AWB);
c) any items that can not be delivered for any reason (no recipient address or at that address there is no construction or container which shipment can be delivered to, the recipient or the person authorized to take the shipment refused or was not found at the address indicated, death, etc.) will be returned to the Sender on its expense. The Provider has the right to establish additional fees for returning to the sender of the postal items. After the expiration of 6 months from the date of the postal items takeover and that represents shelf term of postal items that were not delivered to the recipient or returned to the Sender, unclaimed postal items transfer from property of the Sender into property of the Provider. The Provider has the right to establish additional fees for keeping the postal items available for the Sender or Recipient. After expiration of storage, the Provider will also destroy the shipment, upon informing the Sender, if possible.

4.13. The Provider has the right to refuse delivery to the recipient of the postal items in cases stipulated by applicable laws and / or monitoring decisions of the competent authorities. Responsibility for the content of the items is only of the Sender, as provided by law.

5. Provider’s Liability.

5.1. Econt is responsible for shipments sent by services referred to in art. 2.1., where deliveries are not made within the stated period, for reasons attributable to him. The Provider assumes no responsibility on late deliveries due to causes not attributable to the Provider or due to occurrence of force majeure, fortuitous events, bad weather conditions etc. Econt will be liable before the Sender in connection with its shipments, except as indicated above, as follows:

a) for the Express service, where items are not delivered within the delivery terms guaranteed under art. 6 of these General Conditions, Econt For You will indemnify the customer by offering a free delivery;
b) for shipments declared worthless, the compensation is equal to the amount representing up to 10 times the service charge;
c) for items of which value has been declared on the date of delivery request and insured for such value, with the insurance premium according to the Charge, by return of the declared value.

6. Guaranteed delivery times.

6.1. For all postal services, except Express service:

a) For domestic shipments delivery times shall not exceed:
- 1 working day in the same locality;
- 2 working days between the county and intra-county residences;
- 3 working days between any other localities.
b) For international shipments delivery times shall not exceed:
- 10 working days to intra-communitarian destinations;
- 20 working days to extra-communitarian destinations.

6.2. In case of Express service there are set next delivery times:

a) For domestic shipments delivery times shall not exceed:
- 12 hours in the same locality;
- 24 hours for delivery between intra-county or the county residences
- 36 hours between any other two localities
b) For international shipments, time as the shipment is in Romania, can not exceed the limits provided in art. 6.2.a);
c) For international shipments, the time shipment is outside Romania, can not exceed the time the same postal items would be in Romania if they would be subject to standard postal service provided by universal service providers.

7. Shelf of unclaimed postal items.

7.1. For shipments that have not been delivered to the recipient or returned to the Sender for reasons not attributable to Econt, maximum shelf life is six months after its takeover.

8. Quality conditions.

8.1. For Econt You is required to meet quality standards provided by law for services within the scope of the service it intends to provide, to the extent that fulfillment of these obligations is prevented by force majeure, fortuitous event or fault of the Sender and/or recipient. Therefore:

• Econt For You is required to ensure delivery to recipients in terms provided for each service separately
• Econt For You provides shipments transporting in optimal conditions.
• Quality standards for postal services covering domestic and intra-communitarian delivery are published on the website of the Provider.

9. Mechanism for complaints settlement.

9.1. The user (sender or, where appropriate, the recipient) will be able to submit or sent (by post with advice of receipt) a complaint in writing to any of the Econt offices on postal services provided by the Provider.

• The complaint will be filed by the user, as follows: (i) where an individual, the complaint will be personally submitted by the user or other person expressly authorized by the User, or (ii) if a legal person, by the legal representative of the legal person or by another person expressly authorized by this legal representative).
• For services within the scope of universal services and services not included in universal service, the complaint deadline is within 30 days from date of shipment
• For any complaint filed by a Sender a panel consisting of two members will be set up, who will validate the evidence submitted by the sender. There are accepted as evidence: inscriptions acquired by signature by both the Provider and the Sender, the handover minutes signed between Econt For You and Sender or Recipient and any other documents which the Commission will consider that might help solve the complaint.
• For services within the scope of universal services and services not included in universal service, the term for settlement of all complaints is maximum three months from the date of complaint submission.
• In case of founded complaints, for the postal items with declared value, we distinguish between two situations in which Econt For You will compensate the Sender (or Recipient in case the Sender waived its right of indemnity in favor of the Recipient) as follows:

o in case of loss, theft or total destruction compensation will be paid equal to the value declared upon the presentation of postal items by the Sender;
o in case of loss, theft or partial destruction:
- for declared value items, which additional insurance service was paid for, the compensation is equal to the corresponding share of missing/ damaged weight from the entire declared value.

• for uninsured shipments - up to 10 times the value of the transport service.
• If a complaint is substantiated, the term within which damage may be reimbursed or compensated for is up to 35 days for universal service, i.e. maximum 75 days for services that do not fall within the scope of universal services, calculated as from the date of settlement of the complaint.
• Payment of prejudice can be made in cash at the office of Econt For You where the complaint was filed, or by bank transfer into the Sender’s account.

Subject of the complaint may be:

• loss, theft, total or partial destruction / damage of postal items;
• failure of postal delivery term, according to the agreement between the provider and beneficiary;
• any other complaints about the quality of the services.

Postal service provider Econt For You shall be relieved from any liability in the following cases:

o a fortuitous event, e.g. earthquake, storm or flood, adverse weather conditions, roads under construction etc;
o a force majeure, e.g. war, plane crash or embargo, etc;
o a defect or natural feature of any load;
o damage due to improper packaging of the shipment;
o an item was received without objection by the recipient;
o any act or omission by any person outside the postal service provider. For example:

• Sender;
• Recipient;
• any third natural / legal person;
• Customs or other government institutions;
• Postal service, other carriers or other third party contracted by us to service regions/localities that are not directly served by us.
- In the latter case, the postal service provider has a duty to accurately identify and communicate the subcontractor and its name to the plaintiff, making endeavors jointly with the applicant for his compensation if the claim is substantiated.

Econt For You will answer the complaint filed by the User in writing to the address indicated in the that complaint.



S.C. Econt For You S.R.L.
Pavel Aleksandrov Penchev
Administrator


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