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Secretary
department
+40723 355 280
General conditions regarding the provision of postal services
1. Definitions:
The following definitions will be used in setting the terms and conditions below and will govern the contract of transportation perum and additional services, concluded between you and us IRS.
for RON: RO23BTRL 0500 1202 J752 92XX,
for EUR: RO95BTRL 0500 4202 J752 92XX
represented by Administrator Mr. Biliga Gheorghe,
- "you", "" your "", "" customer "", "" beneficiary "", "" shipper "'' refers to the owner of the content of the transport.
- '' postal service '' refers to and includes all the operations and services provided by us in connection with the collection, sorting, transport and delivery of domestic and international postal items and parcels.
- '' other additional services '' refers to all the services we offer and which are not transport services of postal items.
- '' postal delivery '' means a good address, found in the final form in which it is to be transported and delivered to the address indicated by the sender.
- '' other additional services '' refers to all the services we offer and which are not transport services of postal items.
- '' postal delivery '' means a good address, found in the final form in which it is to be transported and delivered to the address indicated by the sender.
Through the activity carried out by the IRS, it offers its clients both universal postal services and postal services not included in the scope of universal service (such as express service, having as object international mailings).
2. Introduction:
The IRS informs the following '' general conditions regarding the provision of postal services '', representing important details about the services of the IRS company, which the sender must read and which are an integral part of the IRS and sender agreement.
When air transport involves a destination or a final stop outside the country of origin, the Warsaw Convention can be applied which governs and in most cases limits the liability of the carriers for the loss, deterioration or delay of postal items (for clarification see these terms. "Warsaw Convention"). In addition to the Convention, the protocol from Montreal 1999 also comes, by signing the additional convention; each applying as appropriate.
International postal and road transport services may be subject to the provisions of the Convention on the Contract for International Road Transport in Geneva (CMR).
The IRS may hire a subcontractor to complete the obligations to the sender. In the event that a subcontractor is employed to provide postal services, the IRS will be liable to the sender in accordance with the present "terms and conditions" and the legal provisions in force.
Under these terms, '' bill of lading '' means a single IRS bill of lading or registrations at the same date, address and level of services in the takeover register.
All postal items, parcels over 50kg and pallets registered on the same bill of lading will be considered as a single shipment.
3. Purpose of the contract:
Even if such a contract has been concluded between the client and us, these "terms and conditions" apply to the contract concluded between the client and us with reference to the transposition under this contract.
1.1 By entering into any type of contract with us, the client agrees with the following:
1.2 At the time of sending to the IRS the postal delivery, parcel or pallet, the client will accept the terms and conditions set out in the contractual provision of postal services and / or additional services, on behalf of himself or of another person who may have an interest in sending it. respective postcards.
2. Conditions in which the IRS provides postal services to its clients:
3.1 IRS takes over from BENEFICIARY, as a result of the telephone request / written domestic and international postal items to be sent in accordance with the IRS program;
3.2 The BENEFICIARY may issue daily orders between 08:45 and 16:45;
3.3 Collecting, sorting, transporting and delivering postal items are possible with the usual staff and specific means available to the SUPPLIER
3.4 THE SUPPLIER has the obligation to check the postal items made available, refusing the ones packaged improperly and which presents the risk of being damaged.
5 They will also be excluded from the collection, sorting, transport and delivery:
- postal items consisting of goods whose transport is prohibited by legal provisions, even only on a portion of the route;
- postal items whose packaging has inscriptions that contravene public order or morals; as well as postal items consisting of goods that contravene public order or morals, if they are unpackaged or in transparent packaging;
- postal items presenting old labels or inscriptions not removed;
- use of semen, inscriptions, trademarks, emblems, stamps or any other means of identification that may create the risk of confusion with those used by another postal service provider.
- postal items consisting of goods which by their nature or the way they are packaged, may cause damage to the persons, the environment, the installations used or the other goods.
3.6 The following categories of postal items are allowed for collection, sorting, transport and delivery only if, besides the general conditions, the special conditions of transport of the goods are fulfilled, as follows:
- postal items consisting of goods for which the special conditions of transport are established, by legal, administrative, economic, sanitary, veterinary, phytosanitary, and similar provisions, under the conditions provided by these provisions;
- the postal items consisting of goods whose transport, loading, unloading or transhipment has difficulties in handling the means or installations of the postal service provider, in the technical and operating conditions agreed by the supplier with the sender in each case;
3.7 In the case of fragile goods or which require special handling, the BENEFICIARY has the obligation to properly pack the postal delivery and to make all the special mentions regarding the fragility of the goods, including the corresponding, suggestive and visible labeling, which specifies both the fragility of the postal item and the manner of handling. and storage;
3.8 THE SUPPLIER will be able to collect postal items having as object goods for which, by administrative, economic, sanitary, veterinary, phytosanitary and similar legal provisions, special conditions of transport and conservation are established, only to the extent that he holds all the necessary approvals and authorizations. for the transport, handling and storage of such goods;
3.9 The perishable and temperature sensitive goods for which there are no special transport regulations, will be transported provided that the consignor accepts that it will be made at his own risk.
3.10 The IRS is not liable for damages caused by hidden packaging defects;
3.11 The beneficiary is responsible for the damages that may be caused by the IRS as a result of the shipment, through the domestic and international postal items, made available to the IRS, of products, materials or values prohibited by law.
3.12 THE SUPPLIER has the obligation to make available to the BENEFICIARY any information regarding the documentation required for sending domestic and international postal items;
3.13 Upon request, the IRS will make available to the BENEFICIARY information related to the completion and presentation of the accompanying documents for postal printing (transport document-AWB, or the proforma / commercial invoice, etc.) to be completed. If these documents due to the BENEFICIARY - are incorrectly completed or incomplete, the IRS accepts no responsibility for any delays and will invoice according to the service selected on the transport document;
3.14 THE SUPPLIER is responsible for the international postal items in accordance with the provisions of the international agreements to which Romania is a party, and if there are no such agreements, in accordance with the provisions of the national legislation;
3.15 Postal items and parcels must not weigh more than 31.5kg (70lbs) or 70 kg (150lbs) depending on the country of destination or exceed 270 centimeters (1.08inch) in length, or a total of 419 centimeters ( 165inch) in length and circumference in a cumulative manner;
3.16 The value of any postal item or of any parcel over 50kg cannot exceed the equivalent in the local currency of the sum of 50.000USD; In addition, the value of any jewelry and watches (except for imitations of jewelry or watches) from a postal item or from a parcel over 50kg will not exceed the equivalent in local currency of 500USD. The shipment must not contain any of the prohibited items, listed in the Guide, including items of unusual value (such as works of art, antiques, precious stones, unique stamps, gold, silver, money, negotiable instruments (such as checks, bonds, notebooks) savings, prepaid credit cards, stock certificates or other securities), firearms and dangerous objects).
3.17 IRS practices catalog rates, as well as preferential rates, established by contract; billing is done according to the rates agreed with the BENEFICIARY, weekly, in RON, at the taxable weight of the respective items. For legal entities, in the case of the conclusion of a service contract, the payment of the invoices is made within ten days from the date of issuing the invoice to the BENEFICIARY. The settlement of the complaints received from the clients, in relation to the postal services provided by the IRS, is done through the '' mechanism for solving the complaints ''.
3.18 IRS does not offer as an additional feature the assurance of the goods that are the subject of the postal item, at a value declared by the sender;
4. Refusal and suspension of postal and transport services
4.1 If the IRS notices, without prejudice to the secrecy of postal items, the fact that some items do not meet any of the above restrictions or conditions may suspend delivery;
4.2 The IRS may suspend if:
- cannot deliver because the recipient refuses to accept the delivery;
- if it fails to make the delivery due to an incomplete or incorrect address (after having used all the means responsible for finding the correct address), or because it is discovered that the correct address is in a country other than the one specified on the shipment or on the Letter of Transhipment . In this case the BENEFICIARY is not entitled to any refund of the transport taxes he paid.
4.3 If the IRS fails to start or continue the delivery of the service with respect to a postal item for a reason not attributable to it, it will not be considered that the IRS is in breach of the contract with the SENDER; The IRS will take all reasonable steps to begin or continue providing the postal service or the transportation service, as the case may be.
4.4 Examples of events that cannot be blamed on the IRS are the interruption of air or road transport due to adverse weather conditions, fires, floods, war, hostilities, public disorder, government or other authorities' actions and work conflicts or conflicts affecting the IRS. .
5. The quality conditions underlying the IRS activity
5.1 The quality conditions underlying the IRS activity and implicitly with regard to the provision of postal services, are based on specific procedures and quality assurance, in accordance with the standard SR EN ISO 9001/2008
5.2 The quality conditions that must be fulfilled by the postal service provided by the IRS, respectively the guaranteed delivery times, are expressly established for each destination, representing predetermined time intervals, the delivery being made in perfect conditions.
5.3 For Express services - the conditions under which the IRS is responsible for delivering or delaying the sending of postal services - in case of IRS delay in rendering the Express service - the extent of the liability is in accordance with the legal provisions in force. The supplier will pay a penalty for delayed delivery of the postal item, which cannot exceed the express tariff, a penalty equivalent to 0.5% of the service fee for every 24 hours of delay.
5.4 IRS responds in front of the BENEFICIARY in full on behalf of the third parties, which within the postal system is connected with the postal items of the BENEFICIARY. The SUPPLIER subsequently reserves the right to take precedence over the contractual conditions existing between it and the third party. By the decision taken by the Management Department, the IRS can conclude service contracts with authorized subcontractors, legal entities and / or natural persons. The extent, rights and obligations of the parties are to be found in written form of the contract between them.
5.5 THE SUPPLIER is obliged to make available to the user, in Romanian language, on his own web page, the updated list of the access and contact points operated, the type and address of the latter, except for the mailboxes.
5.6 SUPPLIER is responsible for domestic and international postal items in case of theft, loss or total destruction
- with full declared value, for the postal item that is the object of a declared value sending service.
- with the amount representing 10 times the service fee, for postal items that are not the subject of a declared value delivery service
5.7 In case of partial loss, destruction or damage, the SUPPLIER is responsible for the postal items
- with the value declared for the missing, destroyed or damaged part, entered in the inventory note, for the items that are the subject of a service with declared value;
- with the amount representing 10 times the service tariff, for the postal items that are not the object of the service with declared value;
- the complete loss of the content is equivalent to the loss of the postal item.
5.8 In case of loss of the evidence regarding the delivery of the registered postal delivery, confirmed in writing by the recipient, the Postal Service Provider has the obligation to draw up and make available to the SENDER a duplicate of the proof of delivery.
5.9 The IRS is exempt from liability in the following situations:
- the damage occurred as a result of the act of the sender or the consignee;
- the consignment was received without objections by the recipient, except for the claims regarding the loss, theft, deterioration or total or partial destruction of the contents of the postal item
- the damage occurred as a result of a force majeure or an accidental case; in this case the sender has the right to refund the fees paid, except for the insurance tariff.
6. Delivery times, storage and return of postal items
6.1 The delivery times guaranteed in the case of postal items that are the subject of the Epress service are calculated from the submission of the postal item and will be compulsory to comply with the following conditions:
a) in the case of internal postal items, the express indication of the delivery times, which shall not exceed 12 hours in the same locality, 24 hours between the county and inter-county residence, respectively 36 hours between any other two localities;
b) in the case of international postal items collected from the territory of Romania:
- the time while the postal delivery is on the territory of Romania cannot exceed the limits provided in letter a);
c) in the case of international postal items collected from the territory of Romania and to be delivered to a consignee located in one of the Member States of the European Union or of the European Economic Area - the express indication of the guaranteed times, expressed in hours, for the period in which the shipment the post office is outside Romania, it cannot exceed the time, in which the same postal item would be outside the territory of Romania, if it were the object of the standard postal service provided by the universal service providers.
6.2 IRS undertakes to deliver all postal items abroad within a maximum of 72 hours (for international air services) and maximum 15 days (for international road postal services), delivery times being guaranteed according to the addresses taking and delivering IRS clients;
6.3 Saturdays and Sundays, legal holidays and non-bank days, delays caused by customs authorities, delays due to compulsory local security requirements or other non-controllable events are not included in the delivery time Epress stated by us. The route chosen for carrying out the transport and the methods of transport are at the discretion of the IRS.
6.4 The deadline for keeping the delivery to the recipient of the postal item that could not be delivered at the first delivery is 5 working days from the date of notification of the recipient.
The notice includes: the date of the approval, the retention period, the name of the provider of postal services, contact details and the public work program of the supplier; exception are the postal items that are the subject of the Express and Special Delivery service.
6.5 THE SUPPLIER has the obligation to keep at the disposal of the user all the postal items that could not be delivered to the DESTINATOR nor returned to the SENDER, for a period established in the general conditions regarding the provision of postal services, but which cannot be less than 9 months from the date the submission of the postal delivery, respectively 18 months from the date of the submission of the postal items that are the subject of the services within the scope of the universal service provided by the designated universal service provider.
- after the expiration of the term of storage, the unclaimed claims pass from the property of the SENDER to the property of the SUPPLIER;
- THE SUPPLIER has the right to set, in advance, additional tariffs for keeping the postal item available to the user;
7. OBLIGATIONS OF THE BENEFICIARY:
7.1 The BENEFICIARY must write correctly, completely and read on the AWB the contact details of the recipient;
7.2 THE BENEFICIARY has the obligation to inform the IRS correctly about the nature and value of the documents / goods to be subject to the postal services of the SUPPLIER;
7.3 The BENEFICIARY has the obligation to ensure the proper packaging and sealing of the postal item, according to the legislation in force, the packages must respect the physico-chemical characteristics of the products shipped, and must not allow the visualization of the content; (note: the secret of the postal items is inviolable; the retention, opening or disclosure of the contents of the postal items is allowed only under the law.)
7.4 THE BENEFICIARY MUST GUARANTEE THE CONTENT OF THE TRANSPORT. It should not be restricted by IATA, ICAO, IMDG or ADR regulations and should not contain prohibited goods, and the recipient / sender are not natural persons or members of organizations that cannot carry out transport because of the application of laws or regulations prohibiting this. ;
7.5 The shipment must be submitted to the IRS and the BENEFICIARY shall be considered as solvent;
8. Right of inspection:
The CUSTOMER agrees that the IRS or any Governmental Authority, including the Customs and Security Authorities, may at any time open and inspect the transported parcel.
9. Customs:
9.1 Through this contract the BENEFICIARY appoints the IRS as an intermediary agent for customs representation and for passing the shipment through customs;
9.2 By this the CUSTOMER certifies that all statements and information provided in connection with the export / import of the transport are true and correct.
10. Valuable assets:
The IRS recommends that valuables, such as precious stones, precious metals, jewelry, money, unprotected furniture, glassware, porcelain, art objects, antiques, important documents, including passports, securities, shares or certificates, should not be sent through IRS delivery network, because the system involves mechanical handling and automatic sorting, as well as multiple transhipments that can cause loss and / or destruction of the goods. If, at the client's request, the goods are transported through the IRS delivery network, this will be done on the client's responsibility.
11. The mechanism for solving the complaints coming from the Postal Service User
The IRS has a simple, transparent and accessible mechanism for resolving complaints received from users, especially regarding loss, theft, total / partial destruction, deterioration of postal items and non-compliance with the quality of services. If a customer wishes to file a complaint as a result of the destruction, loss or delay of a shipment, the convention that applies the following procedure must be observed:
11.1 The claim may be filed by the sender, consignee and / or the payer of the postal item;
11.2 The complaint - it can be submitted personally, handing the applicant the number under which it was registered;
- it can be transmitted by fax / e-mail, communicating to the applicant the number under which it was registered by the same method or one expressly requested by the applicant;
- it can be sent through the postal service with acknowledgment of receipt; the confirmation of the receipt of the complaint by the supplier being made through the document attesting the delivery of the postal delivery, thus confirmed, in writing, by him on the form used for this purpose.
- it can be submitted within a maximum of 6 months and is calculated from the date of submission of the postal mail to the IRS;
11.3 Confirmation of receipt of the complaint is made in writing within maximum 24 hours from its receipt, by signing the acknowledgment of receipt, respectively the immediate release of the registration number of the complaint filed personally at the IRS access point;
11.4 The client must provide us with all the documentation regarding the transport, loss, deterioration or delay (the relevant evidence - the packing of the postal mail, a copy of the invoice or the receipt attesting the payment of the service, a copy of the verification report);
11.5 The term of settlement of the complaints can not be more than 3 months, calculated from the date of submission of the complaint. This term includes: the period of analysis of the complaint and of communication of the response to the complaint, as well as the term for reimbursement or compensation of the damage;
11.6 We are not obliged to act following a complaint unless the fees for the services provided have been paid. The client cannot deduct from the tariffs related to the services rendered an amount that would compensate the claimed loss.
11.7 Based on the analysis of the information gathered in the file (copy of transport document, including the history of the postal delivery, the customer's complaint, other documents that can highlight the damage (technical expertise, photos), the invoice of the contents of the package that is the subject of the complaint), the Customer Relations Department, The Sales Department, the Financial Department and the Legal Department will decide on the content of the resolution to be transmitted to the client;
- if the claim is well founded, the IRS will grant the rightful compensation to the BENEFICIARY, without the need for any express request in this regard from the user; financial responsibility (customer compensation) is made according to the legislation in force; The IRS will indicate, on a case-by-case basis, expressly, the term in which the payment will be made (no more than 60 days from the date of settlement of the complaint, without exceeding the term of 3 months from the date of filing the complaint) and will ask the client bank data in order to make the payment of the compensation; the compensation will be made in RON;
- if the complaint proves to be unfounded, it is declared void (rejected) and the client is notified of the decision, informing him of the arguments that led to this decision.
11.8 In the event that the Rules of the Conventions or other mandatory national laws do not apply, the IRS will only be liable if it does not act with due attention and skill, and its liability will be governed exclusively by these terms (except in the case of personal injury or death. ) and will be limited to proven damages, in the local currency equivalent of the amount of 100 USD / reference.
11.9 If the rules of the Conventions or the national laws impose other requirements, the IRS will not accept the liability for strictly economic losses, such as the costs of alternative means of transport, the loss of profits, the loss of business opportunities or the loss of income resulting from the loss of the possibility of use, which results from any loss, deterioration or prohibition of a postal item (or part thereof), whether or not a value has been declared in connection with the relevant shipment as specified in paragraph 11.10.
11.10 The SENDER may obtain the benefit of a greater limitation of his liability than the IRS provides in accordance with the provisions of paragraph 11.8 (than that which can be provided by the Rules of the Conventions or by other compulsory national laws). The SENDER can thus proceed by declaring a higher value in the Letter of Transaction and by paying an additional fee. If the SENDER declares a higher value for transportation and pays the applicable tax, the IRS liability will be limited to provable damages that do not exceed the declared amount. The value of the goods in question may not in any situation exceed the limits specified in paragraph 3.16.
12. The law applied:
These terms will be governed by the laws of the country where the shipment is presented to the IRS in the summer of the service.
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