CONDITIONS ON THE PROVISION OF POSTAL SERVICES

 

CONDITIONS ON THE PROVISION OF POSTAL SERVICES

 

EMAG INTERNATIONAL OOD (hereinafter referred to as “eMAG”), with registered office in Sofia, Sofia District, Capital Region, Raion Mladost, “Mladost I” residential neighbourhood, 40 Țarigradsko șose boulevard, “Evropark” building, 6th floor, Bulgaria, Sole Registration Code 203187055, as reseller of postal services, through the eMAG platform (www.emag.bg), offers postal services with the object of internal and international postal parcels to sellers (legal entities, authorised natural persons, individual enterprises, family enterprises) enrolled on this platform as partners from eMAG Marketplace Bulgaria, only according to contracts concluded in this respect between eMAG and those persons (based on individual offers), in addition to these general conditions on the provision of postal services, as follows:

1. Acceptance conditions with regard to size and weight of postal parcels. Punctual recommendations and instructions regarding the packaging of postal parcels

Postal parcels with the following maximum sizes and weights will be accepted:

• 210 mm X 297 mm (A4 format) for envelopes, maximum weight 3 kg;
• Maximum weight 31.5 kg; (postal parcels)
• Maximum length: 300 cm;
• Circumference + maximum length: 500 cm (circumference = 2 x height + 2 x width);

The minimum charging unit is 1 kg (weight is rounded upwards, when the weight exceeds 0.01 grams).

Each postal parcel will be identified in the postal services’ network of the provider by means of which eMAG provides postal services using a unique transport number (AWB).

2. Acceptance conditions for postal parcels

Postal parcels that can be subject to the postal services offered by eMAG must be packaged and labelled (where applicable) according to the nature of the goods included in the postal parcel, and which corresponds to the weight, form and nature of its content, as well as the method and duration of transport, by ensuring an opaque external coating, so that the content cannot be viewed, and access to the content of postal parcels cannot be possible without leaving traces.

Postal parcels containing goods for which special conditions for transport and preservation are set by administrative, economic, sanitary, veterinary, plant protection and other similar legal provisions, can be subject to the postal services offered by eMAG, only if the postal services provider by means of which eMAG ensures the provision of the offered postal services, has, at the time of the request, all permits and authorisations necessary for the transport, manipulation and storage of such goods.

eMAG does not offer and does not provide the destination change service and the receipt confirmation service for international postal parcels.

Also, the destination change service for internal postal parcels is offered and provided only if the new delivery address is located in the same city mentioned/indicated in the address mentioned at the time of submission/collection of the postal parcel (initial address).

eMAG also provides the cash on delivery service, the collection and payment of cash on delivery will be done in cash or to a bank account (according to the contract concluded between the parties), and the maximum limit of the cash on delivery is RON 5,000 (for the cash on delivery service, having legal entities as recipients), respectively RON 10,000 (for the cash on delivery service, having natural persons as recipients), per internal postal parcel. For international postal parcels, the maximum limit is set according to the fiscal law of each country where the service is provided (for example, maximum limit of HUF 500,000 for Hungary, maximum limit of BGN 10,000 for Bulgaria, etc.). For the cash on delivery collected/paid to a bank account, by the contract concluded between the parties (based on negotiated individual offers), higher limits of cash on delivery compared to the ones previously mentioned can be set, for internal, as well as international postal parcels, but only by observing the fiscal legal provisions applicable in that state.

The approved currency in which the collection and payment of the amounts can be made for the cash on delivery services for internal postal parcels on the Romanian territory is RON/lei.

For cash on delivery services for international postal parcels, provided at international level, the cash on delivery will be collected in the national currency of the collection/destination country or the EUR currency, if the monetary policy of that destination country allows it.

For postal services with the object of goods with declared value, the sender can declare a value of the internal or international postal parcel of maximum RON 25,000 (or the equivalent in the national currency of the collection/destination country or EUR currency), a postal parcel which can be subject to full or partial compensation, if applicable, if the loss, theft, destruction or deterioration of the postal parcel is caused by fault of eMAG/provider by means of which eMAG ensures the provision of the postal parcel, and if the sender has previously paid an additional fee of 1% of the declared value.

2.1.  Packaging and labelling conditions

2.1.1. The packaging of postal parcels is the responsibility of the sender.

Postal parcels subject to the services provided by eMAG must fulfil the following packaging conditions:

– the packaging of the postal parcel must be made according to the nature of the goods, the parcel must be packaged as to prevent the deterioration of its content in case of manual and mechanic manipulation.

– the packaging must not allow the deterioration of the content by successive manipulation, pressure, being made, as the case may be, by using cardboard boxes, plywood, wood, plastic, metal, non-standard packaging;

– ensuring the air-tightness of containers subject to postal parcels, which do not allow leaking or spilling of the content during transport, sorting, manipulation of postal parcels and/or the causing of damages to the installations used in the sorting, manipulation, transport and delivery process of the postal parcels or the other postal parcels or other goods;

– postal parcels must be closed by the sender. Unsealed postal parcels are not accepted;

– the transport requires the packaging so that the content of the parcels be sufficiently protected against the manipulation caused by the related equipment, different climate conditions, where applicable, and mechanic manipulation (height of diagonal fall from 80 cm);

– postal parcels which contain fragile goods will have to be packaged and labelled adequately by the sender, using bubble wrap, parings, anti-shock polystyrene as filling or other materials that reduce mechanic shock, and must contain the inscription  „Fragile”.

2.1.2. eMAG ensures the sender that the provider by which it provides postal services acknowledges and observes the inscriptions/labels applied by the sender  and takes special care regarding manipulation, transport and storage of said postal parcels.

2.1.3. Each postal parcel must include the identification details of the recipient (full name/name of the legal entity and full delivery address and, we also recommend to add the phone number of the recipient, as well as, optionally, but recommended, the sender’s details). For postal parcels subject to the cash on delivery service it is mandatory to mention the sender’s details (name of the legal entity and full address). The sender is responsible for the accuracy of the details included on the postal parcel or, where applicable, in the distribution list , as well as of its proper packaging and labelling.

2.2. The following postal parcels cannot be subject to the postal services provided by eMAG, thus being excluded from collection, sorting, transport and delivery:

1. a) Postal parcels consisting of goods the transport of which is prohibited by legal provisions, even if only for a portion of the roadmap;
2. b) The postal parcels the packaging of which contains inscriptions that are against public order or good morals, or postal parcels which consist of goods that are against public order or good morals, if they are delivered unpacked or in transparent packaging;
3. c) Postal parcels with removed labels or old inscriptions;
4. d) Postal parcels which contain goods with special value, such as precious metals, real jewellery, precious stones, real pearls, antiques, works of art, paintings, furs, carpets; counterfeit goods, negotiation tools, money, valuable documents, original documents, securities, credits, checks or similar certificates of value;
5. e) Firearms as defined by the Romanian law on firearms, the law of a transit country or of the shipment/destination country;
6. f) Postal parcels which, by their packaging method, can cause deterioration of goods or can endanger persons, the environment etc;
7. g) Perishable goods, food products, live or dead animals, materials for medical or biological examinations, medical waste, human or animal remains, parts of the body or organs;
8. h) Dangerous goods;

Postal parcels can be refused on delivery by the postal services provider if, after the acceptance of the postal parcel, an exclusion reason is discovered or if there are justified reasons for the exclusion of the postal parcel from collection, the burden proof falls on eMAG.

2.3. Quality conditions. Delivery time/terms.

2.3.1. eMAG ensures the delivery of international postal parcels in 12 working days from the date of their collection. For other types of postal services, with the object of internal postal parcels, the delivery time will not exceed 3 working days from collection.

2.3.2.  For a declared value service, the term in which the sender can request the proof of submission, respectively the delivery of the postal parcel subject to this type of service is of 9 months from the date of the order, and the communication term of the proof to the sender will be of 30 calendar days from the request, by a method agreed with the sender or the integrator (e.g., fax, email, on paper, etc.), without additional costs for the sender.

For the receipt confirmation service with the object of internal postal parcels, the return term for the receipt confirmation (confirmed in writing by the sender) is of 5 working days from the delivery.

For the cash on delivery service, the return term of the equivalent value of internal postal parcels to the sender (amounts collected from the recipient) is of 5 working days from the delivery, and for international postal parcels is of 7 working days.

In case of not complying with the time/terms thus established in this document, eMAG will be liable to the user to return 0.3% of the fee for that service.

The delivery of the postal parcel is made at the address indicated by the sender, in person to the recipient or to the person authorised to receive the postal parcel, or at the point of contact of the provider by means of which eMAG ensures the provision of the postal service (served or unserved by personnel, including automatic delivery system), in person to the recipient or to the person authorised to receive the postal parcel, after the prior transmission of a delivery notice, which notifies the arrival of a postal parcel. The collection of the postal parcel from any automatic delivery system (locker) can be made by the recipient/authorised person any day of the week (and not only during working days).

2.4. Terms of keeping/returning postal parcels

2.4.1. In case of an impossibility to deliver the postal parcels to the recipient (or authorised person), the recipient will be notified by a delivery notice (in writing or sms), regarding the attempt to deliver the postal parcel, the postal parcel which could not be delivered to the latter will be kept, for delivery, at the point of contact of the provider by means of which eMAG provides the postal service, for a period of 5 working days from the date of the recipient’s notification.

2.4.2. Postal parcels which are not delivered to the recipient for one of the reasons provided by law will be returned to the sender (with prior notice), to its address, or, if the delivery cannot be done to its address (e.g. no domicile for sender), by collection by the sender of the postal parcel from the access/contact point of the postal service provider by which eMAG ensures the provision of the service. Postal parcels are returned according to the specifications of the sender and will be charged according to the contract concluded between the parties. The return term for internal postal parcels is of 5 working days from the expiration date of the approved storage period or from the date of attempting delivery, if applicable, and for international postal parcels is of 7 working days from the expiration date of the approved storage period or from the date of the delivery attempt, as the case may be.

2.4.3. Also, if the sender requested, in writing, at the time of submitting the postal parcels, the rapid return of the postal parcel, without the notification of the recipient and respectively, without the storage of the postal parcel available to it, in the case of an impossibility to deliver it to the recipient, that postal parcel will be returned according to the sender’s option, within the term and according to the procedure set in paragraph 2.3.2.

Postal parcels that could not be delivered to the recipient, nor returned to the sender will be kept for 9 months from their date of submission. After the expiration of this term, these postal parcels will become the property of eMAG.

3. The responsibility of the postal services provider for postal services with the object of internal and international postal parcels

eMAG is liable for internal and international postal parcels according to the provisions of the Romanian law in the field, as follows:

3.1. a) in case of loss, theft or total destruction:

1. with the entire declared value, for a postal parcel subject to a declared value delivery service, including whether or not said postal parcel is subject to a cash on delivery service;
2. with the cash on delivery value, for a postal parcel subject to a cash on delivery service without declared value;
3. with the amount representing 5 times the service fee, for postal parcels that are not subject to a delivery service with declared value or a cash on delivery service;
4. b) in case of loss or partial destruction or damage:
5. with the declared value for the missing, destroyed or damaged part or with the share corresponding to the missing weight of the declared value, for postal parcels subject to a declared value delivery service;
6. with the amount representing 5 times the service fee, for postal parcels that are not subject to a delivery service with declared value or a cash on delivery service;
7. c) in the case of a delivery subject to a cash on delivery service, the postal service provider is liable for the entire value of the refund, if it failed to return the full amount to the sender, or for the corresponding difference up to its full amount, if the refund was partially collected from the recipient.

3.2. Legal penalty interest is added to the amounts provided in para. (3.1.) letter a) and b) and starts from the time of introducing the prior complaint or, if applicable, of introducing the citation for court, regardless which of these moment occurs first.

3.3. The complete loss of content is equivalent to the loosing of the postal parcel.

3.4. If the sender has declared a lower value than the real one, the compensation is at the level of the declared value.

3.5. Except for the compensations provided in para. (3.1.) letter a), the fees charged on the submission of the postal parcel are returned.

3.6. In the case of non-performance of the provisions that represent additional characteristics of postal parcels, assigned by the sender with special indications, only the fees collected additionally to the applicable fee for the standard postal service are returned.

3.7. In case of losing the proof of delivery of the postal parcel subject to the receipt confirmation service, confirmed in writing by the sender, the postal service provider is bound to draft and make available to the sender a duplicate of the delivery proof.

4. Limitation of liability

4.1 eMAG is exonerated of liability in the following situations:

1. a) the damage was caused as a result of the sender’s or recipient’s action;
2. b) the user has not insured a service intended for receiving postal parcels (for example, registry);
3. c) the parcel was received without objections by the recipient, except for the complaints regarding the loss, theft, deterioration or total or partial destruction of the content of the postal parcel;
4. d) the damage was caused as a result of a force majeure case or a fortuitous case; in this case, the sender is entitled to the return of the paid fees, except for the insurance fee.

4.2. eMAG is not liable and cannot be held accountable for special losses (profit, income, interest, outlet, tender losses) or other damages and indirect damages or unperformed benefits generated by the vitiated delay, loss, destruction, delivery or non-delivery of postal parcels.

4.3. eMAG is not liable for eventual alterations of the postal parcels by means or due to electromagnetic causes (for example, demagnetisation, X-ray scanning within the security/customs procedures etc.).

5. Complaints solving mechanism

5.1. Complaint introduction

Any complaint regarding the postal parcels will be made only in writing and will be sent to eMAG by one of the following means: by submission, in person, at the eMAG registered office, by means of a postal service with receipt confirmation, to the address in Sofia, Sofia District, Capital Region, Mladost District, “Mladost I” residential,  40 Țarigradsko șose boulevard, “Evropark” building, 6th floor, Bulgaria, or online to the e-mail address info@emag.bg, each complaint receiving a registration number. The complaint receipt confirmation will be sent by eMAG in the same manner in which it was received or by the manner requested by the complainant in the complaint, such as: by sending the registration number, if the complaint was submitted in person, by the proper filling and signing of the receipt confirmation, if the complaint was sent by a receipt confirmation postal service or by automatic sending of the registration number to the email address communicated in the completed contact form, in case of the completion of the previously mentioned contact form.

The right to send a complaint pertains to the entitled person, respectively:

– sender or its legal representative;

– recipient or its legal representative.

The object of the complaint may be:

– loss, theft, destruction / partial or total damage of postal parcels;

– non-observance of the delivery time for postal parcels or provision terms;

– the professional conduct of the provider’s personnel;

– any other objections regarding the quality of the provision or the non-performance of the services.

5.2. Terms provided for the receipt and treatment of complaints

The term for introducing the prior complaint sent to eMAG is of 6 months and is calculated from the date of submitting the postal parcel.

The prior complaint can be sent by the sender/recipient or by their legal representatives and will be accompanied by relevant evidence for the performance of a correct and complete analysis, corresponding to the claimed event (such as, if applicable, a copy of the transport document, a copy of the document that attests the payment of the postal service, the receipt/invoice issued by the provider, photographs, postal parcel packaging, destroyed/deteriorated good subject to the postal parcel, copy of the findings protocol or any other proof that supports the veracity of the affirmations in the complaint etc.).

In order to solve the complaint, the complainant user will have to identify the postal parcel, to describe in the complaint that it sends the event (acts, actions and causes) related to the complaint, to formulate its justifications/claims, the payment method chosen for compensation and to provide the necessary information for the sending of compensations, if the complaint proves to be justified, as well as communication/contact details.

The sender/recipient or their legal representatives will be entitled to compensation only if the complaint has been filed within the term provided above.

The deadline for solving the complaint is of 3 calendar days from the date of its submission.

5.3. Rules on granting compensation

In case of justified complaints, the payment of compensation is made in 30 days from the date of finishing the complaint analysis, without exceeding the 3-month term mentioned above, in cash, at one of the eMAG offices, or by bank transfer to a bank account, depending on the request of the entitled user. In case of justified complaints, compensations will be granted as of right within this term, without the need for an express request in this respect from the users.

If the complaint sent to the eMAG postal services provider was not satisfactorily solved or it was not answered within the term provided in these general conditions on the provision of postal services, within one year from the date of submitting the postal parcel, the user can send a complaint to the regulation authority, accompanied by the proof of fulfiling the prior complaint procedure or a citation to court. The citation to court can be sent regardless if a complaint with the same object was sent or not to the regulation authority.

6. VARIOUS PROVISIONS

6.1. The secret of the postal parcel and of any other documents is guaranteed by law. All persons involved in the performance of the postal services activity are bound to ensure the confidentiality of postal parcels – the withholding, opening or disclosing of the content of postal parcels is allowed only in the conditions and with the procedure provided by law.

6.2. It is prohibited to violate or disclose the content of postal parcels, to provide information about the person that use postal services or to facilitate or encourage such acts.

6.3. Postal parcels considered to be proof of crime, as well as all values and documents considered important in discovering crimes and their authors and to find out the truth can be made available to the criminal investigation bodies or the courts of law, but only based on a written order delivered by the competent magistrate according to the Criminal Procedure Code.

6.4. For international postal parcels, both parties will comply additionally with the legal provisions in force in the customs field, as well as with the laws of the states on the territory of which operations part of postal services are carried out and of the countries transited by the postal parcel.

6.5. These General Conditions on the provision of postal services are governed by the Romanian law.

 

EMAG INTERNATIONAL OOD

By Silviu Gugui