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Courier Services – General Terms

General Terms

of the contract with clients of non-universal postal services, provided by «Econt Express» LTD, in conformity with the issued certificate of registration for the performance of non-universal postal services № 0026/03.11.2009

    Section I: General provisions

  1. These General Terms and Conditions of the contract with courier service customers, included in the scope of non-universal postal services, provided by «Econt Express» Ltd (the Courier, EE), hereinafter referred to as "General Terms and Conditions" (T&C), determine the rights, obligations and responsibilities of the contracting parties at their performance and use.
  2. Customers of non-universal postal services, provided by the Courier can be all natural persons, sole traders, agricultural producers and legal persons.
  3. Customers of non-universal postal services, provided by the Courier can become familiar with these General Terms:
    3.1. In every EE post office, where the General Terms and Conditions are placed in a visible, easily accessible location;
    3.2. On the Internet EE web page, with address www.econt.com, where they are published in electronic form.
  4. The Contracting parties under item 1 can agree on other terms for providing non-universal postal services, wherefore they shall conclude an individual contract, an integral part of which are these T&C. If the contracting parties negotiate terms for providing non-universal postal services, other than those listed in this T&C, the former are in force, although the latter are not deleted.
  5. By signing the documents, which are filled in when accepting the consignments, the customers accept that they know and agree with the contents of these documents, as well as that they accept these T&C and agree with their content. Signatures shall be:
    5.1. A handwritten signature on paper copy of the documents;
    5.2.Electronic signature placed on electronic version of the documents without having to print them on paper;
    5.3. Password and username for the EE information system «E-econt» (E-econt). «E-econt» (E-econt) is an information system, which provides a bilateral online communication with the web-based software for the Econt work. Provides users in real time to make inquiries about received / sent consignments, cash on delivery receipt, to submit requests to Econt, to dispose of consignments and amounts, to receive invoices for used courier services; to prepare consignments, for which they get discount from the service value. Documents, entered in the system with the customer’s personal username and password, are electronic document under the Law for Electronic Document and Electronic Signature.
  6. For international shipments shall apply apart of this T&C also the provisions of the Acts of the Universal Postal Union, which are ratified and promulgated under the established order.
  7. For events and concepts not stipulated in these T&C shall apply the Postal Services Law (PSl) and the Republic of Bulgaria legalization.
  8. Section II: Scope and service characteristics

  9. General Terms and Conditions apply for courier services within the scope of non-universal postal services, provided by the Courier in Republic of Bulgaria through the postal network, including stationary post offices, mobile post offices, postal agencies and outdoor post offices, hereinafter post office (PO) and exchange sorting centers and divisions, transport and technical means.
  10. Courier services within the scope of universal postal services are ordinary and additional according to their description in the Courier Services Tariff of «Econt Express» Ltd. (the Tariff), which is an integral part of these Terms & Conditions.
  11. Section III: Access conditions

  12. EE guarantees equal customer access to postal services provided through its postal network.
  13. The courier service contract consists of two parts – the bill of lading and these T&C and is considered to be concluded with the consignment acceptance by the Sender, certified by the signatures of the Sender and Courier in the bill of lading. Consignments are accepted by the address of the sender or at the offices of EE throughout the country within a specified time by EE, which is placed in a prominent and accessible to all users in the office.
  14. The contract for performance of non-universal postal service is considered to be executed:
    12.1. At delivering the shipment to the Recipient, certified by the signatures of the Recipient and Courier in the bill of lading;
    12.2. At returning to the senders undelivered postal shipments;
    12.3. At destructing the postal shipments under item 34 of these T&C;
  15. Section IV: Service quality and efficiency Requirements

  16. EE guarantees protection of the confidentiality of customer correspondence and postal security requirements, both during the postal service execution and then as:
    13.1. Has no right to assign postal shipments;
    13.2. Has no right to open postal shipments unless with the written consent of the sender or recipient, when there are sufficient grounds to believe that the shipment contains prohibited items or substances and by dispose of the competent authorities of the Interior Ministry under the established order;
    13.3. Has no right to take the content of opened postal shipments;
    13.4. Has no right to transfer shipments to third parties in order to learn their contents, unless there are sufficient grounds to believe that the shipment contains prohibited items or substances and by dispose of the competent authorities of the Interior Ministry under the established order;
    13.5. Has no right to provide references and information about postal shipments and their contents, except to the sender and recipient or persons authorized by them, and by dispose of the competent authorities of the MEA under the established order;
    13.6. Has no right to provide information about postal traffic between individuals, except to the competent authorities of the Interior Ministry under the established order;
    13.7. Has no right to provide information about users' personal data to third parties, except to the competent authorities of the Interior Ministry under the established order;
    13.8. Takes all measures and actions for safeguarding and protection of postal shipments, cash, EE property, life and health of employees and customers, ensures confidentiality of the correspondence, personal data protection and assists in detecting violations and crimes committed against or trough the postal network.
  17. Section V: Prices and payment methods

  18. EE forms the prices of postal services provided in accordance with supply and demand, by submitting them to the Bulgaria’s Communications Regulation Commission for information within 10 days prior to their enactment.
  19. All prices of postal services, provided by EE are included in the Tariff for postal services, with which customers can become familiar by:
    15.1. Placing in a visible, easily accessible location in each EE PO;
    15.2. Publication on the Internet EE web page, with address www.econt.com.
  20. Courier service prices are paid in cash or via bank transfer, as the payment shall be made within certain periods, upon agreement with the Courier.
  21. Courier services shall be paid by the consumers and using the officially adopted, in the EE system means of exchange – vouchers for prepaid services, bonus points, discount tickets. For each of the relevant means, the Courier specifically announces on its website www.econt.comthe rules and methods for their use.
  22. Section VI: Conditions for acceptance and delivery of courier shipments

  23. Courier shipments are accepted and delivered by the Courier directly to the Senders and Recipients, under the bill of landing terms, at indicated address or in any post office (PO) of the Courier.
  24. PO working time includes all working days and is determined by EE. Placed in visible, easily accessible to all customers location and on the EE website www.econt.com.
  25. EE determines the mandatory requirements on the form, minimum and maximum dimensions, weight and method of packing and addressing of the courier shipments.
  26. Shipments packing and closing shall comply with their size, weight and content, so that they ensure their protection against damages.
  27. When sending a shipment, all data in the bill of landing is filled in, according to the Sender’s provisions. By signing it, the Sender:
    - Confirms the data entered;
    - Provides personal data and gives his/her consent for their processing, needed for performance of the concluded contract for a courier service, under which he/she is a party;
    - Takes full responsibility if they are inaccurate or untrue;
    - Confirms his/her consent for shipment manipulation by the Courier (under item 35.4 hereof rewrapping additional packing, control measurements for determining its tariff weight and in case of established discrepancies-a new tariff)
    - Accepts that he is familiar with these T&C and they are part of the contract for courier services.
  28. When sending any shipment all data for the recipient is filled in according to the Sender’s provisions, submitted in a physical or electronic form, as the courier does not engage himself with their authenticity verification. If at verification by a phone number, EE ascertains that the consignee has a registered address for courier activities in the EE system and he/se has consented to be used for shipment acceptance by him/her, EE can automatically add it in the bill of landing.
  29. Delivery of courier shipments shall be executed at any EE post offices or at the recipient address against handwritten signature, electronic signature or confirmation in E-econt under item 5 hereof.
  30. Courier shipments are delivered to the person indicated as a recipient, to a parent of him/her or legal tutor if the person is underage or minor, or expressly authorized by the recipient or his tutor party.
  31. Each courier shipment is delivered to the Recipient personally or in his absence to a person who is committed to the Courier in delivering it to him/her. This fact is noted in the consignment note.
  32. The Courier is engaged in delivering each courier shipment within the time limits stated in the current Tariff, when the data specified by the Sender in the consignment note name, address and telephone of the Recipient is complete and correct. Terms of delivery are:
    - For settlements where there is Courier's office - one working day;
    - For places where there is no Courier's office - according to the service schedule or up to 3 days, if the settlement is not included in the schedule.
  33. When EE must send a notice about the shipment delivery to recipient or sender, it can be done in the following ways:
    28.1. By SMS to a mobile phone of the sender or recipient, stated by the sender when sending the shipment or specified as a way of correspondence between EE and the sender/recipient;
    28.2. By sending an e-mail, the address of which is indicated by the sender when sending the shipment or specified as way of correspondence between EE and the sender/recipient;
    28.3. By a phone call to the sender or recipient, as in this case the relevant telephone number is stated by the sender when sending the shipment or specified as a way of correspondence between EE and the sender/recipient, which is recorded in the EE PBX and may be listened to, if necessary;
    28.4. By publishing information in the Information system of ЕЕ «E-еcont» to which the recipients/senders have secured access through a unique user name and password;
  34. Courier shipments "on demand" are delivered to the recipients at the EE PO of their receipt, on the next working day after shipment submission against ID.
  35. Recipient’s refusal to receive a consignment is noted down by him on the transport agreement accompanying the consignment and shall be signed. If the recipient refuses, it shall be certified by an official of the Courier, who records and signs the refusal.
  36. The recipients of courier consignments can authorize in writing other persons to get them or by requesting it orally, which is recorded at the telephone exchange of EE and it may be listened, if necessary. In this case, the consignment is delivered to the authorized person against an explicit power of attorney and presented ID.
  37. The time limits for the payment of „Cash on delivery” are identical with these of courier delivery and start from the day, following the cash registration in the Courier’s bill of lading as received by the courier.
  38. Shipments, which cannot be delivered, because they were not requested within the time limits stated in the official notice; in cases when the recipients refuse to receive them or to pay the amount of the cash on delivery; have moved to an unknown address; are not known at the indicated address or have died; the stipulated address is not sufficient or does not exist, are returned to the sender at his expense. If the sender refuses to receive it within 7 days after his notification, the shipment becomes EE property. ЕЕ is entitled, as an owner, to sell it by auction or to destroy it.
  39. The Courier shipment destruction under item 33 is done with a committee protocol, consisting of three EE employees in the following way:
    34.1. Documentary consignments are manually cut in pieces or through specialized paper cutting machines;
    34.2. Products in small packets and parcels, which may be sold, are sold by auction, as the incomes after deducting the expenses for the sale remain in favor of EE;
    34.3. Articles not sold after the auction under item 33, shall be destroyed in a suitable way.
  40. Section VII: Rights and obligations of the Courier, Senders and Recipients of courier services

  41. ЕЕ has the following rights and obligations:
    35.1. ЕЕ is obliged to provide postal services under equal customer conditions.
    35.2. ЕЕ is obliged to place in a visible, easily accessible for customers location in every PO:
    - General Terms and Conditions of the customer contract;
    - Tariffs of non-universal postal services;
    - Information about the places of access, where non-universal postal services are provided;
    - Requirements for the shape, minimal and maximal dimensions, weight and way of packaging and addressing the shipments;
    - Working time of PO;
    - Forbidden articles and substances for placing in postal shipments;
    - Time limits for the acceptance and processing of claims, delivery and amount of compensations.
    35.3. EE is entitled to organize and perform at its discretion the acceptance, processing, transportation and delivery of shipments using routes, vehicles or subcontractors, which conceders to be optimal and appropriate.
    35.4. The Courier is entitled to package additionally and/or repackage shipments, whose integrity is impaired in order to preserve their content, as well as to make control measurements of the shipments to establish the correct tariff weight of the shipment and when it is incorrectly declared by the Sender to determine a new tariff;
    35.5. When there is some doubt about placed prohibited items or substances in the shipment, EE has the right to verify the shipment in the presence or with the written consent of the sender. At refusal or lack of response, EE has the right to refuse accepting the shipment or to inform the prosecution in order to be made inspection by the competent authorities, if the consignment has already been accepted. 36. Customers have the following rights and obligations.
  42. Customers have the following rights and obligations:
    36.1. Customers have the right to receive information in an accessible way about T&C, postal services Tariff, requirements for the form, minimum and maximum dimensions, weight, method of packing and addressing of the postal shipments, PO working time;
    36.2. Customers are entitled to make claims in case of damaged, lost, destroyed or stolen shipments, when the delivery time limits have not been observed and to receive the appropriate compensation;
    36.3. The senders of courier shipments are engage:
    - To comply with the requirements for the form, weight, size and method of addressing;
    - To submit shipments with packing and closing in accordance with the volume, weight and content, so that they ensure their protection against damages, as all consequences from the failure to do so, shall be at their own expense, risk and responsibility;
    - Not to put prohibited articles and substances in the courier shipments;
  43. The Courier is obliged to perform the paid by the consumer service with the quality parameters specified in these Terms and Conditions.
  44. The Courier shall comply with the requirements for personal data protection, when performing the provided services.
  45. The Courier is obliged to fulfill additional orders of the Sender, before the shipment is delivered, if they are feasible and do not affect the organization Courier’s work.
  46. Senders and Recipients of courier shipments have the following rights and obligations:
    40.1. Senders have the right to dispose of the shipments until their delivery to the Recipient, as their legal owners and officers, and shall assume all Courier costs on implementation of the orders;
    40.2. Senders under item 40.1. provide a limited right to the recipients to dispose for:
    - Change the selected by the Sender Courier office, which shall execute the shipment delivery, choosing among the possible ones in the settlement to which the shipment is sent;
    - Change the address specified by the Sender, on which shall be executed the shipment delivery within the settlement to which the shipment is sent;
    - - Change the delivery day stated by the Sender within the settlement to which the shipment is sent;
    40.3. Senders are required to wrap their shipments in a form suitable for transportation, as all consequences of failure to do so shall be at their own expense, risk and responsibility. When there is a specific request by the sender, the Courier delivers against extra charge a cardboard box for packing the shipment with dimensions and price stated in the Tariff.
    40.4. Senders are responsible for damages, caused by the shipments sent by them, to the property / employees of the Courier or to other shipments / persons. The responsibility has the amount of losses incurred by courier or compensations paid;
    40.5. Senders are obliged to pay the value of the service for consignments sent at the expense of the Recipient, in case of refusal for payment on his/her part.
    40.6. Senders and recipients are entitled to get additional information about the features and parameters of the services offered by the courier, to submit applications and claims, as well as to get compensations in case of caused by the courier company damages under the conditions of Section IX from the present T&C.
  47. Section VIII: Specific cargoes transportation

  48. Specific cargoes are:
    - All cargoes, which may impair the appearance and/or the integrity of the remaining shipments and/or endanger the safety of persons engaged in transporting, loading and unloading;
    - Which require special packaging in order to be brought in a form in which they can be safely transported by the Courier;
    - Which are processed in the Courier system under special instructions for the way of transportation (direction, do not bend, do not turn).
    41.1. Specific loads are:
    - All chemical substances for laboratory purposes;
    - Vaccines and ready pharmaceutical forms and substances for humanitarian and veterinary medicine;
    - Paints, varnishes, glues, oils and other coloring matter put up in cans, vats, tubes and boxes;
    - Perfumery;
    - Engines, gearboxes, tanks, cisterns for cooling liquid and radiators, petrol/diesel fuel delivery pumps, differentials, (hydraulic) rods, (hydraulic) cylinders, motorcycles/scooters and their parts and other machine elements, second-hand car parts and reduction gear, containing: oils, anti-freezes and other liquids; loaded with electrolyte accumulators.
    41.2. Specific load is accepted by the sender for transportation only in appearance and package, which ensures that it will not impair or stain the appearance and integrity of the package and content of other shipments and does not endanger the safety of persons engaged in transporting, loading and unloading;
    41.3. In the cases, when item 41.2 is not fulfilled, the Courier accepts the consignment, as packing it additionally against an additional payment charged to the Sender / Recipient. This assumes responsibility for its transportation and ensures that it will not damage other shipments and it will be safely transported.
  49. Section IX: Forbidden for transportation articles and substances

  50. In the postal shipments is prohibited placing the following items and substances:
    42.1. Drugs, narcotics, psychotropic, strongly affecting and poisonous substances;
    42.2. Weapons, explosives, inflammable or other dangerous substances or objects;
    42.3. Indecent or violating moral norms articles;
    42.4. Articles and substances, which by their nature or packing endanger the life or health of courier employees or others, or may contaminate or damage other shipments and postal facilities;
    42.5. Religious materials of prohibited or unregistered in the country sects and organizations;
    42.6. Mobile cultural monuments for which they do not have issued license or certificate;
    42.7. In the courier shipments, except for shipments with declared value, customers are not allowed to put coins, banknotes, currency, travel checks, items of value for the sender, platinum, gold, silver, processed or unprocessed precious stones and other valuables.
  51. Section Х: Procedures for claims and benefits

  52. Claim against the courier shall be made in connection with incomplete, incorrect or delayed execution of the contract for courier service or the contract for direct delivery under delivery list of messages within 6 months from the date of consignment acceptance. In cases where improper performance of service is found in front of the Courier and in his presence, the Courier prepares a protocol used as part of the procedure for the complaint proceeding. The Courier must initiate the complaint proceeding even at lack of prepared protocol. Entitled to make claim are:
    43.1. The sender of the shipment, and after its delivery – the Recipient;
    43.2. Pending receipt of the shipment, the Recipient has the right of claim and/or compensation only when there is written consent of the Sender;
    43.3. After shipment delivery, the sender has the right of claim and/or compensation only when there is written agreement of the Recipient.
  53. Courier is not responsible at delivery of Messages to the recipient’s mailbox.
  54. In case that the Sender of the shipment or message has indicated incomplete/incorrect address or telephone number for contact with the Recipient, the Courier is not bound to the previously announced delivery time limits of the consignment.
  55. The Courier is responsible for direct damage to the shipment, but not for consequential damages (lost profits).
  56. The Courier will not be held liable for any delay or failure to complete its obligations, if such performance is prevented or delayed by reasons, caused by compelling natural phenomena, strikes, riots, war, which are established by the relevant competent authorities.
  57. Claim is properly filed, only under the completed conditions in item 46 of these General Terms and Conditions, all amounts owed to the Courier are paid without delay or deduction and are presented the necessary documents, specified by the Courier: (1) protocol of findings, signed by bilaterally signed by the courier and the Client, in the cases when such has been prepared/only when is established inadequate performance of the service in front of the Courier and in his presence /, (2) Complaint letter / in the cases when such has been prepared/.
  58. Claim for missing or damaged part of the content or delayed execution of the contract for direct delivery under delivery list of messages shall be certified with an entry in the delivery list by the Recipient and protocol of findings, at shipment receipt. Courier must provide an opportunity for verification of the status and content of the shipment by the Recipient.
  59. Claims for missing or damaged part of a courier shipment contents or delayed execution of the courier service shall be certified by an entry in the bill of lading and protocol of findings, at shipment receipt. The Courier must provide an opportunity to examine the status and contents of the shipment by the Recipient.
  60. Compensation of claims regarding delayed execution of the courier service, missing or damaged part of a courier consignment contents without declared value shall be determined by the Courier and it is equal to the actual value of the caused damage, but not more than ten times the courier service value.
  61. Compensation of claims regarding missing or damaged part of the contents of a courier shipment with declared value shall be determined by the Courier and it is equal to the actual value of the caused damage, but no more than the declared value.
    52.1. Declared value of shipment is considered the value specified in the bill of lading signed by the Courier and the Sender of the shipment. During evaluation, shall be applied the principle - commodity value is the value, with which it could be restored;
    52.2. With mandatory registration of Declared value, shall be accepted for carriage any fragile shipments and the consignments listed in item 42.7. of the T&C hereof;
    52.3. When the Sender refuses to use the service Declared value of the consignment, for which according to the Courier’s procedures is required for such service, the shipment is accepted without declared value, but only at explicitly express wish of the Sender, written in the bill of landing and certified by his/her signature;
    52.4. Actual value of the caused damage is assumed that, with which could be restored the shipment in the form in which it was given for carriage. When there are differences, in the possible recovery values the lowest shall be accepted.
  62. Compensation of claims related to loss, destruction or stolen courier shipment with no Declared value shall be determined by the Courier and it amounts to ten times the courier service value.
  63. Compensation of claims related to loss, destruction or stolen courier shipment with Declared value shall be determined by Courier as in his opinion shall be paid financial compensation up to the Declared value amount or shall be delivered similar product.
  64. Compensation of claim related to non-observed repayment term of Cash on Delivery is up to the value of the Cash on Delivery service, stated in the Courier Tariff.
  65. The Courier shall is obliged, upon submission of the required documents, as described in item 48 /if such are prepared/ within 14 working days to inform the claimant about the result on his claim.
  66. At the occurrence of a claim event related to shipments with Declared value, for which it is found that the stated by the Sender data, entered in the Courier Waybill is incorrect, «Econt Express Ltd» reserves the right to withhold payment of the full amount of the shipment’s Declared value.
  67. When the compensation paid by the Courier, equal to the value of commodity, under claim of the Client, the Courier shall become the owner of the returned commodity. The Client shall transmit it to the Courier before any payment of the compensation described in the bilateral Agreement.
  68. The period for paying the compensation by the Courier is three working days from the date of the signed bilateral Agreement between the Courier and the Client, about the amount of the claim accepted by the Courier. The Agreement shall be sent by the Courier to the Client together with the Notification letter to complete the claim.
  69. Section XI: Dispute Resolution Procedure

  70. TDisputes between the Customers and the Courier are solved based on good collaborative partnerships, through negotiations and further agreements. Failing agreement, each party may request assistance from the Communications Regulation Commission of the Republic of Bulgaria, other competent authority or may refer the dispute for resolution to the competent Bulgarian court.


Manager: ПодписNikolay Sabev

 
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