Sunday, 17 December 2017 , 23:33
Courier Services – General Terms

General Terms

of contract with users of non-universal postal services provided by «Econt Express» Ltd, in conformity with the issued certificate of registration for non-universal postal services No.0026-02/02.02.2017

Adopted by virtue of decision 348/29.06.2017 of the Communications Regulation Commission


Section I: General provisions


1. These General Terms and Conditions of contract with users of courier services included in the scope of the non-universal postal service provided by Econt Express Ltd (the Courier, ЕЕ) and hereinafter referred to as “General Terms and Conditions” (GT&C), specify the rights, obligations and responsibilities of the contracting parties during their implementation and use.

2. All natural persons, sole traders, agricultural producers and business entities can be users of non-universal postal services provided by the Courier.

3. Users of non-universal postal services provided by the Courier can familiarize themselves with these General Terms and Conditions:

3.1. At every postal office of ЕЕ where the General Terms and Conditions are displayed at a visible and easily accessible place;

3.2. On EE’s website at URL address www.econt.com where they are published in electronic format.

4. The contracting parties under art.1 can also negotiate other conditions for providing non-universal postal services, and sign an individual contract as an integral part of these GT&C. If the parties agree on conditions for providing non-universal postal services which are different from the conditions set forth in these GT&C, the former take precedence even if the latter have not been erased.

5. By signing the documents which are completed at shipment handover, the users declare that they know and agree with the contents of these documents. The signatures can be:

5.1. A handwritten signature on paper copy of the documents;

5.2. An electronic signature placed on the electronic form of the documents without the need to print out a hard copy; A software application installed on the mobile device of the courier transforms the handwritten signature of the customer into a digital graphic image and integrates it into the electronic documents structure in a PDF format. The original electronic document is stored in the data centre of Econt Express and cannot be edited or modified. In case the users wish, they can get a copy of the document sent to their email address or given to them on paper.

5.3. Unique username and password entered by the Couriers to access the application Mobile Courier 2. The application is installed on their mobile devices and is used for preparation, acceptance and handover of a parcel at an address. In their dealings with each other, both Econt Express and users agree that the ordinary electronic signatures created in this way (art.5.2 and 5.3) shall be construed as handwritten signatures placed on paper copies of the documents.

5.4. Username and password for the EE information system e-Econt. E-Econt is Econt's web-based work software. It provides users with the facility to generate real-time reports on the sent/received shipments and cash on delivery to be collected, to make requests to Econt, to give instructions for shipments and sums of money, to receive invoices for courier services used, or to prepare shipments. The documents entered into the system using an individual user name and password are electronic documents pursuant to the Electronic Document and Electronic Signature Act.

6. For international shipments, besides these GT&C, the provisions of acts of the Universal Postal Union are also applied, as ratified and promulgated in the established order.

7. For events and terms not covered by these GT&C, the Postal Services Act (PSA) and the legislation of the Republic of Bulgaria shall apply.

Section II: Scope and characteristics of the services

8. These General Terms and Conditions are applied for courier services within the scope of the non-universal postal service, provided by the Courier on the territory of the Republic of Bulgaria through a postal network which includes stationary post offices, mobile post offices, postal agencies and authorised shipping outlets, hereinafter referred to simply as post offices (PO), parcel sorting centres and hubs, transport vehicles and technical means.

9. The courier services within the scope of the non-universal postal service 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 General Terms and Conditions.

Section III: Terms of access

10. ЕЕ guarantees equal access of users to the postal services provided through its postal network.

11. The courier service contract consists of two parts – the waybill and these GT&C – and is considered to be concluded upon collecting the shipment from the Shipper. The waybill is a document completed according to the form of the Courier and the Client requests on paper or in an electronic form in the electronic system of the Courier. It has a unique number which must be placed on the shipment. Shipments are collected at the address of the Shipper or at the offices of EE throughout the country during the working hours set by EE and placed at the offices at a visible and easily accessible to all users place.

12. The contract for providing non-universal postal service is considered to be concluded:

12.1. On handing over the shipment to the Recipient, certified by the signatures of the Recipient and Courier in the waybill;

12.2. On returning undelivered postal shipments to the Shippers;

12.3. On destroying the postal shipment according to the provisions of art.35 of these GT&C;

Section IV: Service quality and efficiency requirements

13. EE guarantees protection of the confidentiality of user correspondence and postal security requirements, both during and after providing the postal service, in compliance with the requirements of the Postal Services Act, Section VIII, art.81, 82, 83 and 84.

14. ЕЕ takes all measures and actions for safeguarding and protection of post, cash, EE property, life and health of employees and the users; ensures confidentiality of the correspondence, personal data protection and assists in detecting violations and crimes committed against or through the postal network.

Section V: Fees and payment methods

15. ЕE forms the prices of postal services provided in accordance with supply and demand, by submitting them to the Communications Regulation Commission for information within 10 days prior to their enactment.

16. All prices of postal services provided by EE are included in the Tariff of postal services made available to Users by:

16.1. Displaying it at a visible and easily accessible place at every PO of EE;

16.2. Publishing it on EE’s website at URL address www.econt.com.

17. Courier service prices are paid in cash or via bank transfer, as the payment may be made within certain time periods upon agreement with the Courier.

18. Customers can also pay for courier services by using means of exchange officially accepted in EE’s system: vouchers for prepaid services, bonus points and discount vouchers. For each of these payment means, the Courier specifically announces on its website www.econt.com the rules and methods for its use.

Section VI: Conditions for acceptance and delivery of courier shipments

19. Courier shipments are accepted and delivered by the Courier directly to the Shippers and Recipients, under the waybill terms, at an address or in a post office (PO) of the Courier.

20. The working time of PO includes all working days and is determined by EE. It is displayed at a visible and accessible by all customers place in PO, as well as on EE’s website www.econt.com.

21. EE determines the mandatory requirements for the format, minimum and maximum sizes, weight and method of packing and addressing of the courier shipments.

22. The packaging and closing of the shipments must take into consideration their size, weight and contents, so that they ensure their protection against damages.

23. When sending a shipment, all data in the waybill is filled in, according to the Shipper’s provisions. By signing it, the Shipper:
- confirms the data entered;
- provides personal data and gives consent for its processing, needed to carry out the concluded courier service contract, to which the Shipper is a party;
- assumes full responsibility if it is inaccurate or untrue;
- acknowledges consent for shipment handling by the Courier (according to art. 36.4 of these GT&C, repackaging, additional packaging, control measurement for determining its tariff weight and in case of established discrepancies - applying new rates);
- declares knowledge of these GT&C and accepts them as part of the contract for courier services.

24. When sending a shipment, all data about the Recipient is completed according to the Shipper’s provisions submitted in a physical or electronic form, as the courier does not engage in data authenticity verification. If EE ascertains during verification over the phone that the Recipient has an address for courier activities registered in the EE system and has consented to its use for shipment delivery, EE can automatically add it in the waybill..

25. Delivery of courier shipments shall be made at post offices of EE or at the Recipient’s address against handwritten signature, electronic signature or confirmation in e-Econt according to art.5.

26. Courier shipments are delivered to the person indicated as a Recipient, to a parent or legal guardian in case of a minor, or to a person expressly authorised by the Recipient or their guardian.

27. Each courier shipment is delivered to the Recipient personally or, in their absence, to a person who assumes the obligation before the Courier to deliver it to them. This circumstance is indicated in the waybill..

28. The Courier undertakes to deliver each courier shipment within the time limits stated in the current Tariff, provided the data specified by the Shipper in the waybill - name, address and telephone of the Recipient - is complete and correct.

Transit times are:
- for cities/towns/villages where there is an office of the Courier - one working day;
- for cities/towns/villages where there is no office of the Courier - according to the service schedule or up to 3 days, if the city/town/village is not included in the schedule.

29. When EE has to send a notification about the shipment delivery to a Recipient or Shipper, it can be done in one of the following ways:

29.1. By text message sent to a Shipper's or Recipient's mobile number indicated by the Shipper when sending the shipment or specified as a means of communication between EE and the Shipper/Recipient;

29.2. By email to an address indicated by the Shipper when sending the shipment or specified as a means of communication between EE and the Shipper/Recipient;

29.3. By phone call to the Shipper's or Recipient's mobile number indicated by the Shipper when sending the shipment or specified as a means of communication between EE and the Shipper/Recipient, which is stored in EE's telephone exchange and can be replayed if necessary;

29.4. Through publishing the information in the information system of EE e-Econt which the Shippers/Recipients can access using a unique username and password.

30. Courier shipments "on demand" are handed over to the Recipients at the EE PO of destination, on the next working day after shipment submission, upon providing an identity document.

31. A Recipient may refuse to receive a shipment by indicating this on the transport contract accompanying the shipment and signing it. If the Recipient refuses to do so, this is certified by an official of the Courier by recording the refusal and signing.

32. The Recipients of courier shipments can authorise in writing other persons to get them or by requesting it orally, which is recorded at the telephone exchange of EE and which may be listened to, if necessary. In such cases the shipment shall be delivered to the authorised person upon presenting express power of attorney and an identity document.

33. The transit times for Cash on Delivery payment are identical with the shipping times for courier delivery and start from the day following the cash registration in the Courier’s waybill as received by the courier.

34. When shipments cannot be delivered, because they were not requested within the time limits stated in the official notification; when Recipients refuse to receive them or to pay the amount of the cash on delivery; when Recipients have moved to an unknown address; when Recipients are not known at the address given or have died; when the address given is not sufficient or does not exist, the shipments are returned to the Shipper at their expense. If the Shipper refuses to receive such shipment within 7 days after notification, it becomes property of ЕЕ. EE shall have the right, in its capacity as owner, to sell them at auction or destroy them.

35. The destruction of courier shipments under art.34 is done with a report by a committee consisting of three EE employees in the following way:

35.1. Documentary shipments are cut in pieces manually or by using special paper shredders;

35.2. Items in small packets and parcels which may be sold are sold at auction and EE keeps the proceeds after deducting the expenses for the sale;

35.3. Articles not sold after the auction under art.34, shall be destroyed in a suitable way.

Section VII: Rights and obligations of the Courier, Shippers and Recipients of courier services

36. EE has the following rights and obligations:

36.1. ЕЕ must provide postal services under equal user conditions.

36.2. ЕЕ must put at a visible and easily accessible to all users place at every office:

- General Terms and Conditions of the contract with users;
- Tariffs for non-universal postal services;
- Information about the places of access, where non-universal postal services are provided;
-  Requirements for the format, minimum and maximum sizes, weight and method of packaging and addressing of the courier shipments;
- Working time of PO;
- Goods and substances prohibited as contents of postal shipments;
- Deadlines for acceptance and processing of claims, and amount of indemnity.

36.3. ЕЕ is entitled to organize and perform at its discretion the acceptance, processing, transportation and delivery of shipments, using routes, transport means or subcontractors, which EE considers to be optimal and appropriate.

36.4. The Courier is entitled to package additionally and/or re-package shipments whose integrity is impaired in order to preserve their contents, as well as to make control measurements of the shipments to establish the correct tariff weight of the shipments and when it is incorrectly declared by the Shipper – to apply new rates;

36.5. In case of doubt that there might be prohibited goods or substances placed in the shipment, EE has the right to inspect the shipment in the presence or with the written consent of the Shipper. If there is a refusal or lack of response, EE has the right to refuse to accept the shipment or to inform the prosecution so that inspection by the competent authorities can be made, if the shipment has already been accepted.

37. Users have the following rights and obligations:

37.1. Users have the right to receive information in an accessible way about GT&C, postal services tariff, requirements for the format, minimum and maximum sizes, weight, method of packaging and addressing of the postal shipments, and PO working time;

37.2. Users are entitled to make claims in case of damaged, lost, destroyed or stolen shipments, or when the transit times have not been observed, and to receive the appropriate compensation;

37.3. Senders of courier shipments must::
- comply with the requirements for the format, weight, size and method of addressing;
- submit shipments with packaging 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 put prohibited goods and substances in the courier shipments.

38. The Courier must provide the service paid for by the user with the quality parameters specified in these General Terms and Conditions..

39. The Courier must provide the service paid for by the user with the quality parameters specified in these General Terms and Conditions.

40. The Courier must follow additional instructions from the Shipper before the shipment is delivered, provided such instructions are feasible and do not impede the workflow of the Courier.

41. Senders and Recipients of courier shipments have the following rights and obligations:

41.1. Shippers have the right of control over the shipments until their delivery to the Recipient in their capacity as legal owners and authorisers, and shall cover all Courier costs incurred in executing their instructions;

41.2. Shippers under art.41.1 provide Recipients with a limited right to give instructions for:
- a change of the Courier office selected by the Shipper which will process the shipment delivery, choosing among the available options in the city/town/village of shipment destination;
- a change of the address specified by the Shipper to which the shipment delivery shall be made, within the city/town/village of shipment destination;
- a change of the day of delivery specified by the Shipper within the city/town/village of shipment destination.

41.3. Shippers must make sure their shipments have transport-friendly packaging, as all consequences of failure to do so shall be at their own expense, risk and responsibility. In case of an explicit request by the Shipper, the Courier provides for a small extra charge a strong cardboard box for shipment packaging with sizes and price specified in the Tariff;

41.4. Shippers are liable for any damages caused by their shipments to the property or employees of the Courier or to other shipments or persons. Such responsibility is commensurate with the losses incurred by the Courier or indemnity payments made; 41.5. Shippers must pay the service rate for shipments sent at the expense of the Recipient in case of refusal for payment of the latter; 41.6. Shippers 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 receive compensations in case of damage caused by the courier under the provisions of Section IX of these GT&C.

Section VIII: Transportation of special cargo

42. Special cargo is:
- any cargo which may impair the exterior and/or the integrity of other shipments and/or endanger the safety of persons engaged in transporting, loading and unloading;
- any cargo which requires special packaging in order to be brought to a state suitable for safe transportation by the Courier;
- any cargo which is processed in the Courier system under special instructions on the way of transportation (direction, do not bend, do not turn).

42.1. Special cargo is:
- all chemical substances for laboratory purposes;
- vaccines and ready pharmaceutical forms and substances for humanitarian and veterinary medicine;
- paints, varnishes, glues, oils and other dyestuffs in cans, vats, tubes and boxes;
- perfumery;
- engines, gearboxes, fuel tanks, coolant reservoirs and radiators, petrol/diesel fuel delivery pumps, differentials, (hydraulic) rods, (hydraulic) cylinders, motorcycles/scooters and their parts or other machine elements, second-hand car parts and reduction gear, containing: motor oil, engine coolant and other liquids; car batteries loaded with electrolyte.

42.2 The Shipper accepts Special cargo for transportation only in a container and packaging which ensures that it will not impair or damage the exterior and integrity of the packaging and contents of other shipments and does not endanger the safety of persons engaged in transporting, loading and unloading.

42.3 In cases when art.42.2 is not fulfilled, the Courier accepts the shipment and provides additional packaging for an extra charge at the expense of the Shipper/Recipient. Thus the Courier assumes responsibility for its transportation and guarantees that it will not damage other shipments and that it will be transported safely.

Section IX: Goods prohibited for transportation

43. The following items and substances cannot be placed in postal shipments:

43.1. Drugs, narcotics, psychotropic and highly toxic substances;

43.2. Weapons, explosives, flammable or other dangerous substances or objects;

43.3. Items of obscene or indecent nature; 43.4. Items or substances whose nature or packaging may endanger the life and health of Econt employees or other persons, or soil or damage other shipped items or postal facilities; 43.5. Religious materials of sects and organizations prohibited or unregistered in the country; 43.6. Movable cultural property without accompanying authorisation or certificate; 43.7. Courier shipments, except for shipments with declared value, cannot contain coins, banknotes, currency, travel checks, items of value for the Shipper, platinum, gold, silver, processed or unprocessed precious stones and other valuables. Section X: Procedures for claims and indemnity

44. A claim against the Courier may be made in connection with incomplete, incorrect or delayed execution of the contract for courier service or the contract for direct delivery under delivery notification list within 6 months from the date of shipment acceptance. In cases where improper performance of service is established in front of the Courier and in their presence, the Courier prepares a shipment inspection report to be used as part of the claims proceedings. The Courier must initiate the claims proceedings even if there is no shipment inspection report. Right of claim:

44.1. Claims can be filed by the Shipper of the shipment, and after its delivery – by the Recipient; 44.2. Until shipment handover, the Recipient has the right of claim and/or indemnity only when there is written consent of the Shipper; 44.3. After shipment handover, the Shipper has the right of claim and/or indemnity only when there is written consent of the Recipient.

45. The Courier is not responsible in case of delivery of messages to the Recipient’s postbox.

46. In case 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 shipment transit times.

47. The Courier shall be liable for direct damage to the shipment, but not for consequential damage (lost profits).

48. The Courier shall not be held liable for any delay or failure to fulfil its obligations, if such fulfilment is prevented or delayed by reasons, caused by force majeure, strikes, riots, war, which are established by the relevant competent authorities.

49. A claim may be deemed equitable by EE only if the provisions of art.44 of these General Terms and Conditions are met, all amounts owed to the Courier are paid without delay or deduction, and the necessary documents are presented as specified by the Courier, namely: (1) shipment inspection report, bilaterally signed by the Courier and the Client, in cases when such a report has been prepared (only when inadequate performance of the service is established in front of the Courier and in their presence), (2) a letter of claim (in cases when one has been prepared), ( 3) a claim form completed in the Application.

50. A claim for missing or damaged part of the contents or delayed execution of the contract for direct delivery under delivery notification list shall be certified with an entry in the delivery list by the Recipient, and a shipment inspection report at shipment receipt. The Courier must provide the Recipient with an opportunity to check the status and contents of the shipment.

51. A claim for missing or damaged part of the contents of a courier shipment or delayed execution of the courier service shall be certified by an entry in the waybill and a shipment inspection report at shipment receipt. The Courier must provide the Recipient with an opportunity to check the status and contents of the shipment.

52. Indemnity for claims regarding delayed execution of the courier service, missing or damaged part of the contents of a courier shipment 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.

52.1. Indemnity for 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 not more than the declared value.

52.2. Declared value of shipment is considered the value specified in the waybill signed by the Courier and the Shipper. During evaluation, the following principle shall be applied – commodity value is the value at which the commodity could be restored;

52.3. Any fragile shipments as well as those listed in art; 43.7 of these GT&C shall be accepted for carriage subject to compulsory entry of Declared Value;

52.4. In case of refusal on the part of the Shipper to use the Declared Value facility for shipments for which such service is required according to the Courier’s procedures, the shipment is accepted without declared value, but only at explicitly expressed wish of the Shipper, confirmed in writing in the waybill and certified by their signature;

52.5. The actual value of the caused damage is the value at which the shipment could be restored to the form at the time of handover for carriage. In case of differences in the possible recovery costs, the lowest value shall be accepted.

53. The indemnity for claims related to loss, destruction or stolen courier shipment with no declared value shall be determined by the Courier and amounts to ten times the courier service rate.

54. The indemnity for claims related to loss, destruction or stolen courier shipment with declared value shall be determined by the Courier and the financial compensation shall be paid up to the declared value amount or, at Courier’s discretion, similar goods shall be delivered.

55. The indemnity for claims related to default in meeting the deadline for paying off Cash on Delivery is up to the Cash on Delivery service rate, as set in the Courier Tariff.

56. The Courier undertakes, upon submission of the required documents, as described in art.49 (if such are drawn up), to notify the Claimant of the result of their claim within 14 working days.

57. At the occurrence of a claim event related to shipments with declared value, for which it is found that the data stated by the Shipper and 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.

58. In case the Courier pays a compensation equal to the value of goods following a claim of the Customer, the Courier shall become the owner of the goods subject of the claim. The Customer undertakes to hand the goods over to the Courier before payment of any indemnity described in the bilateral Agreement.

59. The deadline for indemnity payments by the Courier is three working days from the date of the signed bilateral Agreement between the Courier and the Customer about the amount of the claim accepted by the Courier. The Courier shall send the Agreement to the Customer together with the Letter of Notification of completion of the claim procedure.

Section XII: Procedure for settlement of disputes

60. Any disputes between the Users and the Courier are to be settled on the basis of good partnership and cooperation through negotiations and additional agreements. In case of failure to reach agreement, each party can seek assistance from the Bulgarian Communications Regulation Commission, other authorities or take the matter to the competent Bulgarian court.

Manager: ПодписNikolay Sabev

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    In connection with the national holiday on May 1, we informed that 30.04 (Monday) and 1.05 (Tuesday) will be non-working days for Econt.

    All consignments accepted on 27.04 (Friday) will be delivered according to the customer’s request – on Saturday, 28.04 when using additional service Priority, or on the first working day after the holidays – 02:05 (Wednesday). This request should be included in the transport contract for forwarding the shipment.

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