GENERAL CONDITIONS FOR THE SUPPLY OF POST SERVICES
CARGUS SRL (hereinafter named the “Supplier” or “CARGUS”), Romanian legal entity. with registered office in Magurele, Soseaua Atomistilor nr.99-115, Corp C1, Ilfov County, Romania, registered in the Trade Register Office under no. J23/344/2013, URC RO3541906, phone no.: +4021/9330000, fax no.: +4021/1002015, bank account no. RO61OTPV23000M175135RO01, opened with OTP Bank and bank account no.RO58RNCB0081104613950001, opened with BCR, represented by Mr. Jaroslaw Sliwa General Manager, as Post Services Supplier, informs on the following “GENERAL CONDITIONS FOR THE SUPPLY OF POST SERVICES”, conditions regarding the following aspects:
1. Through the activity it performs, the Supplier offers its Beneficiaries post services with the scope of delivering domestic and international, included in the area of the universal service, as well as not included in the area of the universal service.
2. The conditions in which the Supplier supplies post services to its Beneficiaries are the following:
– Following the phone order or the order placed by filling in the order form (online, access point etc.), the Supplier will arrive between the hours indicated by the Beneficiary and at the address indicated by the Beneficiary (Dispatcher/ Integrator) and will receive the post deliveries which are to be delivered according to the service chosen by the Beneficiary (Dispatcher/ Integrator).
– The Supplier will receive the postal deliveries based on transport documents (pre-printed TN, transport documents generated by the e-Commerce and which can be used exclusively for this purpose), documents attesting that the respective postal delivery was taken over by the Supplier.
– The Dispatcher is liable for the information it provides to the Supplier for filling-in the transport document.
– The Supplier accepts the postal deliveries presented by the dispatcher, packed appropriately for the good which will be delivered by post, with an opaque exterior wrapping which does not allow viewing of the content, e.g. cardboard, metal, wood, plastic boxes etc.
– Postal deliveries containing fragile goods have to be packed appropriately by the dispatcher/ integrator, using as filling wood chips, anti-shock polystyrene or another material dampening the mechanical shock (e.g. bubble wrap) and to be inscribed/ labeled „Fragile”.
– Detailed information and recommendations/ instructions regarding the packing of postal deliveries are available on the website of CARGUS (https://www.www.cargus.ro).
– The Supplier undertakes to recognize and respect the inscriptions/ labels applied by the dispatcher/ integrator and to grant special attention when handling and storing the respective postal deliveries (e.g. fragile).
– The Supplier is not liable for eventual alterations of the postal delivery by electromagnetic means or from electromagnetic causes (e.g. demagnetization, X-ray scan within the security/ customs procedures etc.).
– The Supplier does not accept postal deliveries whose packing is inscribed against public order or morality, as well as postal deliveries containing goods against public order of morality, if they are submitted unpacked or in transparent packing.
Moreover, goods whose transport is prohibited by legal provisions, even for a part of the route (e.g. without limitation thereto: explosive, toxic or flammable substances, psychotropic substances, drugs, weapons or parts thereof, ammunition etc.) cannot be object of postal deliveries.
– The dispatcher/ integrator undertakes not to introduce in the postal network postal deliveries whose object is prohibited by legal provisions, even for only a part of the route. The dispatcher is liable for any damages which can be incurred by the Supplier because of introducing in the postal network a postal delivery submitted closed, containing objects (products, materials or valuables) prohibited by legal provisions.
– The (minimum/ maximum) number of postal deliveries which can be received by the Supplier (in a single order): minimum 1 (one) postal delivery – maximum unlimited (without any restriction in numbers), except for post publicity services, where the minimum number of deliveries is 500 (five hundred).
– The Supplier will perform 2 (two) free attempts to deliver the postal delivery, on consecutive business days.
– When delivering the postal delivery, the Supplier with the recipient can mention, if the recipient wishes to, upon delivery, within the Transport Note or in the protocol of findings, the eventual mentions on unconformities of the postal delivery (packaging deformations, scratches, partial/ total destructions of the postal delivery etc.), but the absence of such findings will not affect the user’s right to submit a complaint within the legal term and, respectively, to the favorable solving of the claim by the Supplier. The Supplier will notify the Dispatcher in writing on these aspects within 24 (twenty-four) hours.
– The Supplier will hand-over to the recipient/ person authorized to receive the postal delivery only based on receipt signature applied on the transport note (TN) or on the delivery slip. Documents containing the receipt signatures (in original) will be kept for 9 (nine) months. The Supplier does not deliver to post boxes.
– The Supplier will hand-over to the recipient/ person authorized to receive the postal delivery only if it will sign for receiving the postal delivery on the document made available by the Supplier (TN, delivery slip), except for postal deliveries which are object of the Acknowledgement of Receipt service, where legal provisions are applicable. The Supplier will inform the Beneficiary within 24 (twenty-four) hours, by any communication means (phone or in writing, by fax or e-mail) on eventual incomplete/ wrong addresses inscribed on the postal delivery, on its packaging.
– Except for the express service and special delivery service, if there is an impossibility to hand-over postal deliveries (such as, e.g. absence of the recipient), the Supplier will inform the recipient by a notice (document or text message) announcing the arrival of the postal delivery and will keep the postal delivery in the contact point, for hand-over to the recipient, for 5 (five) days since notifying the recipient, period which does not incur additional charges.
– If the information inscribed on the postal delivery by the dispatcher are incorrectly filled-in or are incorrect, making it impossible or difficult to identify the recipient/ person authorized to receive the postal delivery, the Supplier will decline its responsibility for any such delays. The burden of proving lays with the Supplier.
– The Supplier will maintain confidentiality of data and information regarding the Beneficiary.
– The Supplier will make sure the Beneficiary’s employees which have contact with the Supplier’s employees have received instructions that are sufficient and adequate regarding the risks on occupational health and security, as well as emergency situations, during the contract, when such contracts exist between the parties, under Law no. 319/ 2006 and G.D. no. 1425/ 2006 on the Methodological Norms for applying that respective law.
– In emergency situations, both parties will coordinate their actions for eliminating and liquidating causes, as well as for assuring the safe evacuation of the exposed staff.
– The supply of post services provided by the Supplier and governed by legislation in force.
– The currency for the payment of the delivery post, respectively for collecting and paying amounts of money in the case of collect services is the national currency, “leu” (Ron).
– The maximum values admitted by the Supplier for the declared value and, respectively, for the collect value, in case of postal deliveries that are object of a delivery service with declared value or a collect services are the following:
– 5,000.00 Ron (for the Collect service, having legal entities as recipients)
– 10,000.00 Ron (for the Collect service, having natural persons as recipients).
o 72,000.00 Ron (for postal deliveries with declared value).
– The Supplier has standard charges, as well as negotiated charges, determined by contracts concluded with its Beneficiaries.
– The charge is levied/ paid in RON, for the taxable weight of the respective postal deliveries, for the highest of the calculated value between the physical weight (mass), volumetric weight and linear weight.
o The maximum admitted weight of a postal delivery is 50 kg.
o The volumetric weight is calculated according to the formula: length x width x height (measured in cm)/ 6000.
o Linear weight is calculated as:
Calculation and charging postal deliveries with one of the sides of 1.5 – 3 m in length = 50 kg + real weight of the package.
o Calculation and charging postal deliveries with one of the sides larger than 3.5 m:
– 3.5 m + < 1m = 100 kg+ real weight of the package.
– The maximum admitted length for transport is 4m.
– Invoice payment is made within 15 (fifteen) calendar days since receiving them by the Beneficiary.
– Payment means for the post service charge are: cash or payment by generally accepted banking means (bank transfer, cheque, promissory notes, card).
– Quality conditions which the post services supplied by the Supplier must fulfil:
o Delivery terms:
– In case of the Express service, for domestic postal deliveries, the delivery terms will not exceed 12 hours in the same locality, 24 hours between county seats and intra-county, respectively 36 hours between any other two localities in Romania.
– CARGUS does not offer and does not perform the Express service for international postal deliveries.
– If the Supplier exceeds the above-mentioned terms for imputable reasons, it will reimburse the User the charge or will offer the User another postal delivery free of charge, according on the latter’s request.
– For the other post services regarding domestic postal deliveries, in case of domestic post services in Romania, delivery terms will not exceed 2 (two) business days since clearance.
– The Supplier offers and performs post services for international postal deliveries, both in EU/ EES as well as outside the EU/EES.
– In case of international postal deliveries cleared from the territory of Romania and which are to be delivered to a recipient located in one of the European Union or European Economic Space (EU/EES) member states, as well as those reversed, delivery terms will not exceed 10 (ten) business days since clearance.
– In case of international postal deliveries cleared from the territory of Romania and which are to be delivered to a recipient located outside of the European Union or European Economic Space (EU/EES) member states, as well as those reversed, delivery terms will not exceed 10 (ten) business days since clearance.
– The term in which the dispatcher can request proof on submitting the postal delivery which is object of the delivery service with declared value, as well as the term in which it can request proof on submitting or delivering to the recipient the postal delivery which is object of the service with acknowledgement of receipt is 9 (nine) months since collecting that respective delivery.
– The requested proof, in case of the delivery service with declared value, as well as for the service with acknowledgement of receipt – will be communicated to the dispatcher within 30 (thirty) calendar days after the request is made.
– For the Collect service with the object of domestic postal deliveries, the term for returning the value of postal deliveries to the dispatcher (amounts collected from the recipient) is maximum 5 (five) business days since delivery.
– For the Acknowledgement of receipt service with the object of domestic postal deliveries, the term for returning the proof of handing-over the postal delivery to the dispatcher, confirmed in writing by the recipient, is maximum 5 (five) business days since delivery. If the Supplier omits to return the acknowledgement of receipt, the postal delivery will be considered lost, case in which the Supplier will pay compensation under the legal provisions.
The Supplier offers and performs Collect post services and Acknowledgement of receipt post services only for domestic deliveries.
– The term for keeping postal deliveries for delivering to the recipient (except for those under express services or special delivery services) which could not be delivered to the recipient, is 5 (five) days since notifying the recipient.
– The Supplier undertakes to return postal deliveries which could not be delivered to recipients, from one of the causes provided by the law, to the address indicated by the dispatcher or to the access/ contact point, depending on its request, on the dispatcher’s expense, according to the charges indicated in the commercial offer.
– Except for postal deliveries under the Express service and special delivery service, the return of the postal delivery will be performed, as appropriate, after the passing of the keeping term of 5 (five) days or of the attempt to deliver, for all the other categories of post services performed by the Supplier.
– The return term is maximum 2 (two) business days, for domestic postal deliveries, respectively 6 (six) business days, for international postal deliveries, term which is calculated, as appropriate, from the expiry of the notified keeping term or since the attempt to deliver.
– The keeping term of postal deliveries which could not be handed-over to the recipient, nor returned to the dispatcher is 9 (nine) months calculated since submitting the postal delivery.
– Solving complaints received from Beneficiaries/ Users (Dispatchers/ Recipients) regarding services performed by the Supplier is made according to the “Mechanism for solving complaints”.
Mechanism for solving complaints:
The adequate system for compensating/ reimbursing the prejudice in case of complaints formulated by the Beneficiaries (dispatchers or recipients) regarding the performed domestic and international post services is based on the following steps:
– The claim can be introduced both by the dispatcher and the recipient.
– The claim can be addressed by any communication means – writing (by e-mail/ fax/ any post service/ submitting the claim at the Supplier’s office) or verbally (at the Supplier’s office or by phone) through the Customer Service Department of CARGUS, within 6 (six) months, calculated since submitting the postal delivery.
– The claim must be documented by the User by providing all data regarding the event which is object of the claim and attaching exclusively the proofs corresponding to the event referred by the claim.
– Thus, depending on the event which is object of the claim, CARGUS accepts copies of relevant documents afferent to that event, such as: copy of the invoice or receipt attesting service payment, copy of the Protocol of findings on the damage, only for those situations when the finding/ registration of destruction/ deterioration of the postal delivery was made by the recipient/ dispatcher, as appropriate, upon receiving it from the supplier, the destroyed/ deteriorated good which is object of the postal delivery, the packaging (original) of the delivery post etc.
– The Supplier CARGUS – through the Customer Relations Department – confirms receiving the complaint by allocating for each received complaint a unique registration number and, respectively, by communicating it to the claimant, depending on the means of transmission by CARGUS, thus:
o personally – by handing over, upon submission, in case of submitted/ personally addressed complaints, at the Supplier’s office,
o by phone, on the spot, upon receiving (registering) the complaint, when it was made by phone,
o in writing, within 1 (one) business day since receiving (registering) the complaint, when the complaint was made by e-mail,
o in writing, on paper, which will be sent by e-mail/ fax, depending on the claimant’s request within 1 (one) business day since receiving (registering), if the claim was received in writing, on paper, by post service.
o by fax, on the fax number from which the claim was received.
– Under legal provisions, the term for solving complaints is maximum 3 (three) calendar months, calculated from the date of introducing the claim.
– If the user’s claim (natural person or legal entity) proves to be valid, it will be requested to present the compensation invoice or banking details necessary for granting compensation, if the claimant requests payment of compensation by bank transfer.
– After receiving the requested compensation invoice/ banking information, the Supplier will grant compensation within 30 (thirty) days since favorably solving the claim analysis, without exceeding the above-mentioned term of 3 (three) months, by transferring to the user’s bank account the value in Lei of
the compensation or by payment in cash thereof, at the Supplier’s cash office, depending on the claimant’s request.
– In case of valid claims, the Supplier will grant compensations within the term and in the conditions above, de jure, without the need that the user makes an express request in this regard.
– In all cases, the term for submitting the preliminary complaint or for introducing the sue petition is 1 (one) year. The mentioned term is a prescription term and is calculated from the date of submitting the postal delivery.
Supplier’s limitation of liability
The Supplier’s liability for any theft, loss, total or partial destruction, total or partial deterioration of domestic postal deliveries, as well as for not observing the conditions on services’ quality, produced during the performance of the post service, is as follows:
a) in case of theft, loss or total destruction :
1. with the entire declared value, for a postal delivery which is object of a delivery service with declared value, including if that respective postal delivery is or not object of a collect service;
2. with the value of the collect value, for a postal delivery which is object of a collect service without declared value;
3. with an amount representing 10 times the charge for the service, for postal deliveries which are not object of a delivery service with declared value or a collect service.
b) in case of partial destruction or deterioration:
1. with the declared value for the missing, destroyed or deteriorated part, registered in the inventory note, for postal deliveries submitted open, which are object of a delivery service with declared value;
2. with the proper share for the missing weight of the declared value, for postal deliveries submitted closed, which are object of a delivery service with declared value;
3. with an amount representing 10 times the charge for the service, in case or partial loss, partial destruction or deterioration of postal deliveries which are not object of a delivery service with declared value.
c) in case of a delivery which is object of a collect service, the Supplier is liable with the entire value of the collect service for the case when it has not restituted to the dispatcher the entire value of the service or with the proper difference up to covering the integral value of the service, if the collect service was partially collected from the recipient.
– In case of theft, loss or total destruction of the postal delivery, besides the compensations mentioned above, the Supplier will also restitute to the Beneficiary charges received to performing the post service which is object of the claim (whose object is the postal delivery regarding which the claim was made).
– To the amounts stipulated under letters a) and b) above, legal penalty interest is added, calculated from the moment of introducing the preliminary claim, or, as appropriate, of introducing the sue petition, regardless which intervenes first.
– The complete loss of contents is equivalent to the loss of the postal delivery.
– If the dispatcher declared a smaller value of the postal delivery than the real one, the compensation is up to the level of the declared value.
– In case of not performing services representing additional characteristics of the post services, designated by the dispatcher by special indications, only charges cashed in addition to the charge applicable for the standard post service will be reimbursed.
– In case of losing the proof regarding the registered postal delivery’s hand-over, confirmed in writing by the recipient, the Supplier is obliged to prepare and make available to the dispatcher a duplicate of the hand-over proof.
The Supplier is not liable for indirect damages (prejudices) and unachieved benefits, which will not be compensated.
The post services Supplier is exonerated of liability in the following cases:
a) the damage was produced by an action of the dispatcher or recipient;
b) the delivery was received without objections by the recipient, except for complains regarding the loss, theft, total or partial deterioration or destruction of the contents of the postal delivery;
c) the damage was caused by force majeure or fortuity; in this case, the dispatcher has the right to be reimbursed with the paid charges, except for the insurance fee.
The Supplier is liable for international postal deliveries according to international agreements in the postal field to which Romania is part, as follows:
– The Supplier’s liability for international postal deliveries transported by air is limited by the Montreal Convention or Warsaw Convention.
– The Supplier’s liability for international postal deliveries transported by road is limited by the Contract for the International Carriage of Goods by Road (CMR) Convention.
– The Supplier is not liable for any kind of damages or losses caused by delays.
– The Supplier is not liable for indirect damages (prejudices) and unachieved benefits, which will not be compensated.
In case the postal deliveries collected by CARGUS were delivered by another supplier, the liability towards any Beneficiary always lays with the company CARGUS.
By the decision made by the Management of CARGUS, the Supplier can conclude service performance agreements with subcontractors or other authorized post services suppliers, and the extent of the rights and obligations of the parties will be presented in the written contract between the parties.