Terms and conditions (postal service)

GENERAL TERMS AND CONDITIONS

of the contract with the users of services included within the scope of the universal postal service, provided by Speedy AD, according to an individual license for performance of services, included within the scope of the universal postal service No. 2-06/28.05.2014

Section I. General Provisions

1. These General Terms and Conditions of the contract with the users of services included within the scope of the universal postal service (UPS), provided by Speedy AD (SPEEDY) and referred to for brevity as "General Terms and Conditions" (GTC), regulate the terms and conditions for the provision of services included in the scope of the universal postal service and they determine the rights, obligations and responsibilities of the parties to the contract in their performance and use.

2. Users of services under item 1 of the General Terms and Conditions, provided by SPEEDY, may be all natural persons, sole traders, agricultural producers and legal entities.

3. Users of services under item 1 of the GTC, provided by SPEEDY, may acknowledge with these General Terms and Conditions:
3.1. In every stationary SPEEDY office, where the GTC are placed at a visible and accessible place;
3.2. In any SPEEDY mobile office, where they are provided upon request by users;
3.3. On the SPEEDY website on the Internet, at www.speedy.bg, where they are published in electronic version.

4. The parties to the contract under item 1 may agree on other conditions for the provision of services, for which they conclude an individual contract, an integral part of which are these GTC. If the parties agree on conditions for the provision of the SERVICES, which are different from the conditions set forth in these GTC, the terms agreed in the individual contract shall prevail.

5. SPEEDY provides the services under item 1 in the operation of these GTC by providing a copy of the GTC to the user and receives his explicit consent with them.

6. In addition to these GTC, the provisions of the acts of the Universal Postal Union, which have been ratified and promulgated in accordance with the established procedure, shall apply to international letters and consignments.

7. Postal Services Act (PSA) and the legislation of the Republic of Bulgaria shall apply to the conditions not agreed in these GTC, as well as to the interpretation of the concepts included in these GTC.

Section II. Scope and Characteristics of the Services

8. These GTC shall apply to domestic and international postal services within the scope of UPS, as well as to the additional services to them outside the scope of UPS, provided by SPEEDY on the territory of the Republic of Bulgaria through a postal network including stationary post offices, mobile post offices, postal agencies and outsourced post offices, called offices, mailboxes and facilities, exchange sorting centers and units, transport and technical facilities.

9. The postal services within the scope of UPS provided by SPEEDY are:
9.1. Receipt, transportation and delivery of domestic and international postal correspondence (letters) up to 2 kg, which contain a message of current or personal nature, enclosed in an envelope, the shape and size of which does not exceed in width 260 mm, in length 360 mm, in height 20 mm.
9.2. Receipt, transportation and delivery of domestic and international postal consignments, which can be of one or more packages, the size of which does not exceed in width 60 cm, in length 60 cm, in height 60 cm. Consignments are:
- small packages up to 2 kg
- printed works up to 5 kg
- secograms up to 7 kg
- postal parcels up to 20 kg

10. The additional UPS services provided by SPEEDY are:
10.1. Recommendation – agreed insurance against risks of loss, theft or damage, for which the sender is issued a document for acceptance of the consignment, and its delivery is made against a handwritten or electronic signature of the recipient. The additional service applies to letters under item 9.1 of these GTC.
10.2. Declared value – agreed liability of SPEEDY in case of loss, theft or damage of a consignment up to the amount of the value of the content declared by the sender, but not more than BGN 10,000. The declared value must correspond to the actual value of the contents of the consignment. The additional service applies to all letters and consignments under item 9.1 and item 9.2 of these GTC.

11. The additional services outside the scope of UPS that SPEEDY provides are:
11.1. Return receipt – notification of the sender with a document certifying:
- delivery to the recipient of a registered letter or consignment, confirmed by names entered by hand by the recipient and his signature on the document of receipt
- the absence of a recipient or his refusal to accept a registered letter or consignment, certified by a SPEEDY record on the document. SPEEDY delivers the return receipt to the sender. The additional service applies to registered letters under item 9.1 and consignments under item 9.2 of these GTC.
11.2. Return documents – an accompanying document prepared and sent by the sender to the recipient, which SPEEDY delivers back to the sender by registered letter. The additional service applies to consignments under item 9.2 of these GTC.
11.3. Cash on delivery – delivery of a consignment against payment by the recipient of an amount determined by the sender. The additional service applies to consignments under item 9.2 of these GTC.
11.4. Cash on delivery with inspection of the goods up to 10 minutes – the sender explicitly allows the consignment to be inspected by the recipient and he shall pay the cash on delivery only if he accepts the goods. The additional service applies to consignments under item 9.2 of these GTC.
11.5. Warehouse charges – stay of a letter or consignment in an office of SPEEDY after 2 working days from the date of arrival of the consignment in the respective delivery office. Warehouse charges are charged for each subsequent day of stay of the letter/consignment. The additional service applies to all letters and consignments under item 9.1 and item 9.2 of these GTC.

Section III. Terms of Access

12. SPEEDY guarantees equal access for users to the postal services provided through its postal network.

13. The UPS performance contract shall be deemed to be concluded as follows:
13.1. For non-registered letters – by placing them in SPEEDY mailboxes under the terms of item 22 of the GTC, by placing them in announced SPEEDY facilities under the terms of item 22 of the GTC, or by handing them over to a SPEEDY office or to an authorized SPEEDY person;
13.2. For registered letters – with their delivery to an office of SPEEDY or to a person authorized by SPEEDY;
13.3. For consignments – by handing them over to an office of SPEEDY or to a person authorized by SPEEDY, or by placing them in announced facilities of SPEEDY under the conditions of item 22 of the GTC.

14. The contract for performing UPS shall be deemed to have been performed:
14.1. With the delivery of the letter or consignment, certified by the signature of the recipient;
14.2. By returning to the sender an undelivered letter or consignment;
14.3. With the destroying of the letter or consignment under the procedure of Section VI, item 35 of these GTC.

Section IV. Preservation of the Secrecy of Correspondence

15. SPEEDY shall ensure the confidentiality of users' correspondence and postal security requirements, both during the provision of the postal service and thereafter, provided that:
15.1. Shall have no right to misappropriate postal consignments;
15.2. Shall not be allowed to open postal consignments, except with the written consent of the sender or recipient, if there is reasonable doubt that the postal consignment contains items or substances that are prohibited or on a special mode of transportation through the postal network within the meaning of Section X of these GTC, as well as by order of the competent authorities in accordance with the procedure established by law;
15.3. Shall not be allowed to take from the contents of open postal consignments (consignments with damaged packaging);
15.4. Shall not be allowed to transfer consignments to third parties in order to find out their contents, except in reasonable doubt that the postal consignment contains items or substances that are prohibited or on a special mode of transportation through the postal network within the meaning of Section X of these GTC, as well as by order of the competent authorities in accordance with the procedure established by law;
15.5. Shall have no right to provide inquiries and information about postal consignments and their contents, except to the sender and the recipient or to persons authorized by them, as well as to the competent authorities in the cases and by the order provided by law, except for information on the movement of consignments (tracking) on the SPEEDY website;
15.6. Shall have no right to provide information on postal traffic between individuals, except to the competent authorities in the cases and in the manner prescribed by law;
15.7. Shall have no right to provide information about personal data of users to third parties, except to the competent authorities in the cases and in the manner prescribed by law;
15.8. Shall take all measures and actions for protection and preservation of postal consignments, cash, SPEEDY property, life and health of employees and consumers; guarantees the protection of personal data and assists in the detection of violations and crimes committed against or through the postal network.

Section V. Prices and Methods of Payment

16. SPEEDY forms the prices of the postal services, which it provides in accordance with the supply and demand, by providing them to the Commission for Regulation of Communications for information within 10 days before their entry into force.

17. All prices of postal services provided by SPEEDY are included in the Tariff for postal services, which is announced to consumers through:
17.1. Publication of the SPEEDY website on the Internet, at www.speedy.bg;
17.2. Placing at visible and accessible place in each SPEEDY stationary office;
17.3. Provision upon request in SPEEDY mobile offices.

18. The prices of postal services are prepaid by consumers as follows:
18.1. By sender before sending consignment;
18.2. By recipient before receiving consignment;
18.3. By third party before receiving the consignment.

19. The payment is made in cash, by bank transfer or in another way, depending on the order of payment of the respective service determined by SPEEDY.

20. When using postal products – postcards, envelopes and others, with a special sign for the price printed on them – payment of the price shall be made upon purchase of the postal products.

21. In the individual contract with a user SPEEDY may agree to pay for the service in the application of different terms, and certain other conditions and prices.

22. Letters/consignments placed in SPEEDY mailboxes or announced SPEEDY’s facilities for which SPEEDY postal products with a special price mark printed on them have not been used, shall be delivered to the recipient after payment of the price. If the recipient refuses to pay the amount, the letter is returned to the sender, who shall due the payment for the service in double amount. If the sender refuses to pay the amount, the letter is destroyed, according to Section VI, item 35.

Section VI. Conditions for Acceptance and Delivery of Postal Consignments

23. Postal consignments are accepted at a SPEEDY office throughout the country, within SPEEDY's working hours, in SPEEDY mailboxes (MBs) or facilities located in public places.

24. The working hours of the offices include all working days and are determined by SPEEDY by being announced on the website of SPEEDY on the Internet, at speedy.bg. In the stationary offices the working hours are placed in a visible and accessible place for all users, and in the mobile offices they are provided upon request by the users.

25. SPEEDY sets out the mandatory requirements regarding the format, minimum and maximum sizes, tariff weight and addressing of postal consignments.
25.1. REQUIREMENTS:
A: To the size:
- For the letters – the dimensions should not exceed in width 260 mm, in length 360 mm, and in height 20 mm;
- For consignments – the dimensions should not exceed in width 60 cm, in length 60 cm, and in height 60 cm.
B: To the addressing:
- In the upper left corner are recorded the data about the sender – name and surname, address, telephone, postal code of the settlement;- In the lower right corner are recorded the data about the recipient – name and surname, address, telephone, postal code of the settlement.
25.2. EXCEPTIONS:
A: When delivering letters and consignments to a SPEEDY office, the addresses of the sender and the recipient are not mandatory details. The data is dictated by the sender and recorded by the operator in electronic form. The sender receives a receipt with the address data, which he/she verifies for accuracy.
B: In the case of international consignments, the data of the sender and the recipient shall be written in legible Latin letters, adding the country of submission and receipt of the consignment.
25.3. SPEEDY may set specific requirements for the exact location and form of addressing and content of consignments in order to use mechanized and automated sorting methods, which it shall inform users in an appropriate manner.

26. The packaging and closing of consignments must take into account their volume, weight and contents so as to ensure that they are protected from damage. Ensuring proper packaging and closing of consignments is the responsibility of consumers.

27. The postal letters and consignments shall be delivered to the person indicated as the recipient, to his/her parent or legal guardian, if he/she is a minor, or to a person explicitly authorized by the recipient or his/her legal representative.

28. The delivery of letters and consignments shall be made:
28.1. Non-registered letters are delivered to the recipients' mailboxes placed at the receiving address or to SPEEDY's announced facilities, and registered letters to the recipient's personal address, such as:
- If a non-registered letter is of a size that allows delivery in a mailbox, it is delivered in the mailbox at the recipient's address;
- If a non-registered letter is of a size that does not allow it to be delivered to a mailbox or is missing, a written service notice shall be placed in the recipient's mailbox or at the address of receipt inviting the recipient to appear for the letter at a SPEEDY office. The delivery time is 20 days from the date of receipt of the letter at the SPEEDY office. In case of non-appearance within the set term, a second notification for receipt is sent to the recipient, in which a new term for appearance and receipt of 10 days is determined. For storage of a letter or consignment in an SPEEDY office after 2 working days from the date of arrival of the consignment in the respective delivery office, warehouse charges are charged.
28.2. Consignments are delivered to SPEEDY's designated facilities through authorized access or to a SPEEDY office against signature on paper or other medium.

29. In cases where SPEEDY has to send a notification to a recipient or sender about the delivery of a letter or consignment, this can be done in one of the following ways:
29.1. Through an official notice delivered to the mailbox of the sender or recipient. For this type of notification, it is obligatory when sending the letter/consignment to indicate the addresses of the sender/recipient, where the notification should be delivered;
29.2. Notification of delivery by SMS to a mobile phone, email, telephone call or other means of contact with the sender/recipient specified in the sending of the consignment or requested by him as a means of communication;
29.3. By publishing the information in the SPEEDY information system, for which the recipients/senders have access through a unique username and password.

30. Upon delivery of letters and consignments with declared value with damaged packaging, for which there are grounds to believe that there is an encroachment or difference in the weight of the consignment with the entered weight on the consignment upon its acceptance, a statement of findings shall be drawn up according to a fixed form to be signed by the compiler and the consignment recipient. The report shall contain data on the date and time of delivery, the type of consignment with marked weight, the declared value, the place and time of submission, the addresses of the sender and the recipient, the established damage and any reasons for it, if any. If the recipient refuses to sign the record, the compiler shall provide one witness, who may also be an employee of SPEEDY, who shall sign the document together with the compiler. A copy of the report shall be served on the recipient, who may make a complaint if he considers that SPEEDY is to blame for the irregularities found in the consignment.

31. The recipients of letters or consignments may authorize other persons to receive them by written power of attorney. Upon receipt of a letter or consignment, the authorized person shall present an original of the power of attorney and an identity document. SPEEDY may record data on the authorization and the authorized person, as well as take a copy of the power of attorney, which are stored and used only for the purpose of proving the identity of the recipient in connection with the delivery of the letter or consignment.

32. Letters and consignments which cannot be delivered due to the fact that: they have not been sought within the term specified in the official notice; the recipients refuse to receive them or to pay the amount of the imposed payment; they have gone to an unknown address; are unknown at the specified address or have died; the specified address is insufficient or does not exist, are returned to the sender at his expense. An official notice is sent to the sender with an invitation to appear for a consignment at a SPEEDY office within 20 days from the date of delivery of the notice. If he does not appear within this period, a second notification of receipt shall be sent to the sender, within 10 days. For storage of a letter or consignment in an SPEEDY office after 2 working days from the date of arrival of the consignment in the respective delivery office, warehouse charges are charged.

33. Consignments with perishable content, upon issuance of a sign of spoilage, shall be returned immediately to the sender at his expense.

34. Undelivered letters and consignments, which cannot be returned to the senders due to the fact that they have not indicated an address or have indicated an incomplete, inaccurate or illegible address, refuse to receive them back, have gone to an unknown address, have died or have not appeared to receive them within the prescribed period after their written notification by SPEEDY, become the property of SPEEDY. SPEEDY has the right, in its capacity as owner, to sell them at auction or destroy them.

35. The destroying of the postal consignments under the procedure of item 34 shall be carried out by a protocol of a commission, composed of three employees of SPEEDY, as follows:
35.1. The letters are cut by hand or by specialized paper cutting machines;
35.2. Items in consignments that can be sold are sold at auction, and the proceeds after deducting the costs of sale remain in favour of SPEEDY;
35.3. Items not sold after the auction under item 35.2 shall be destroyed in an appropriate manner.

Section VII. Deadlines for Delivery of Letters and Consignments

36. Letters and consignments addressed to the recipient shall be delivered within 4 working days from the date of their submission, according to the schedule of servicing the settlements on the territory of Bulgaria, announced on the website of SPEEDY on the Internet at speedy.bg

40. SPEEDY has the following rights and obligations:
40.1. SPEEDY is obliged to provide all users with access to the service under equal conditions.
40.2. SPEEDY is obliged to place at a visible and accessible place for consumers these GTC and the price tariff in its offices and on its website.
40.3. SPEEDY has the right to organize and perform at its discretion the acceptance, processing, transportation and delivery of consignments, using routes, means of transport or subcontractors that it deems optimal and appropriate.
40.4. SPEEDY has the right to receive the remuneration announced in the current price tariff or agreed in an individual client contract for the provision of the respective service.
40.5. SPEEDY is entitled to receive compensation from consumers for damages caused by their consignments to property or employees of SPEEDY, other consignments, as well as to third parties or their property.
40.6. SPEEDY, in its capacity of personal data controller, entered in the "Register of personal data controllers and the registers kept by them" with identification № 22842, is obliged to comply with the requirements for personal data protection under the Personal Data Protection Act.

Section IX. Rights and Obligations of the Users

41. Consumers have the following rights and obligations:
41.1. Users have the right to receive information in an accessible way about the current GTC, the SPEEDY price tariff, SPEEDY requirements regarding the format, minimum and maximum sizes, weight and method of packaging and addressing of postal consignments, office hours, prohibited for posting consignments of objects and substances, and the terms for accepting complaints and the amounts of compensations.
41.2. Users have the right to make complaints in case of damaged, lost, destroyed or robbed consignments, in case of non-compliance with the delivery deadlines, as well as to receive compensation in the amounts specified in the GTC of SPEEDY.
41.3. Users are required to prepare the consignment in a form that meets the requirements of these GTC.
41.4. Users are required to provide the most complete and accurate information about the recipient and the consignment, as required by these GTC.
41.5. The users are obliged to pay the remuneration announced in the current price tariff or agreed in the individual client contract for the provision of the respective service.
41.6. The senders of letters and consignments are obliged:
- to comply with the requirements for shape, weight, size and method of addressing;
- not to place prohibited objects and substances in the letters and consignments.
41.7. Recipients install and maintain mailboxes for delivery of non-registered letters in accessible and safe places for the postal employees – entrances to buildings and yards. Mailboxes must include the names of their users.
41.8. Senders shall be liable for damages caused by consignments submitted by them, to SPEEDY's property/employees, or to other letters/consignments or persons. The liability is in the amount of the damages incurred by SPEEDY, and in case of damages to other consignments/letters or persons – in the amount of the indemnities paid by SPEEDY.
41.9. A user who has registered on the SPEEDY website to use the self-service module is informed and accepts that SPEEDY has the right to send messages and e-mails to its customers for the purposes of direct marketing and to advertise its own services. The user has the right at any time to disagree with the future receipt of such messages by sending an email to [email protected].

Section X. Prohibited Items and Substances

42. Prohibited for transportation objects and substances:
42.1. It is prohibited to place in domestic and international postal consignments the following substances and objects:
42.1.1. narcotic, intoxicating, psychotropic and poisonous substances;
42.1.2. weapons, ammunition, pyrotechnic articles, explosives, incendiary or other dangerous substances and objects;
42.1.3. objects contrary to moral norms;
42.1.4. articles and substances which, by their nature or packaging, pose a danger to the life or health of postal workers or other persons or which may contaminate or damage other items and equipment;
42.1.5. religious materials of sects and organizations banned or not registered in the country;
42.1.6. movable cultural monuments for which no permit or certificate has been issued;
42.1.7. coins, banknotes, currency, travellers’ checks, items of value to the sender, platinum, gold, silver, worked or rough precious stones and other valuables are not allowed in postal consignments, except for consignments with a declared value;
42.1.8. in international postal consignments, including those with a declared value, in addition to the substances and objects under items 41.1.1 to 41.1.7, other substances and objects specified in international agreements may not be placed, as well as objects, the import or distribution of which is prohibited in the country of destination.
42.2. Postal consignments containing animals or non-perishable biological substances, including diagnostic samples, shall not be accepted if their packaging does not meet the requirements provided for in the legislation of the Republic of Bulgaria and the applicable international acts.
42.3. Postal consignments whose content is subject to a special regime and may be held, transported or transported only in compliance with certain requirements of the legislation of the Republic of Bulgaria, unless the sender certifies compliance with these requirements and does not provide SPEEDY with the necessary to perform the service documents.
42.4. In case of suspicion of prohibited items or substances placed in postal consignments, or of those whose holding, transportation or transportation is subject to a special regime, SPEEDY requires the sender's consent to perform an inspection by opening a consignment and reviewing the contents. In case of refusal the consignment is not accepted.
42.5. Where there is reason to believe that an accepted postal consignment contains prohibited articles or substances, or those whose holding, transport or carriage is subject to a special regime, SPEEDY shall have the right to withhold the consignment and suspend delivery and to request in writing from the sender or recipient consent to verify the contents by opening it. In the event of a refusal or no response, SPEEDY shall notify the competent authorities of the receipt of an order for further action.

Section XI. Complaints and Compensation Procedures for Domestic and International Letters and Consignment

43. Consumers have the right to complain in cases of damaged, lost, robbed or destroyed registered letters/consignments, in case of non-compliance with the deadlines for delivery of letters/consignments and in case of non-fulfilment by SPEEDY of the agreed obligations.

44. A complaint to SPEEDY may be filed within 6 months from the date of acceptance of the consignment.

45. Upon receipt of the consignment, the user must check its contents at the time of receipt and in the presence of the courier. In case the user finds damage to the content of the consignment, a statement of findings shall be drawn up in accordance with item 30 of these GTC. In this case the complaint for damaged consignment is submitted by the user within 6 months from the date of drawing up the statement of findings.

46. The complaint shall be considered regularly filed only when the consumer has paid all amounts due to SPEEDY for provided services (except for those under item 47.4) without delay or set-off.

47. SPEEDY is obliged within 1 month from the filing of the complaint for the domestic postal consignments and 3 months for the international postal consignments to examine the same and to notify the advertiser in writing about the result. In case of incomplete data submitted in the complaint, the term is extended by the time required for clarification, but not longer than 1 month.

48. If a consumer's complaint about domestic and international postal consignments is accepted as well-founded, SPEEDY shall owe compensation in the following amounts:
48.1. On a claim for damaged, destroyed or lost consignment, which is without Declared Value, the due compensation is in the amount of BGN 15.00.
48.2. In the event of a claim for loss, damage to part of the content, loss or delivery of a consignment with a Declared Value, the compensation due is equal to the actual value of the damage, but not more than the Declared Value, and is determined by SPEEDY. To certify the actual value of the damage, the consumer provides the necessary documents – invoices, customs declarations, etc. similar as the case may be.
48.3. In case of a complaint for non-observance of the term for payment of Cash on Delivery, the due compensation is in the amount of the value of the Cash on Delivery service, indicated in the SPEEDY tariff. For uncollected amounts on delivered items by Cash on Delivery or for non-transferred to the senders collected amounts on Cash on Delivery, the due compensation is equal to the amount of the imposed payment.
48.4. On claims for non-fulfilment of the agreed terms for delivery of consignments transported on the territory of the Republic of Bulgaria the due compensation is in the amount of the value of the service under the respective consignment, and for international consignments – in the amount of 0.1% of the value of the service for each day of delay, but not more than BGN 10.00 (for a delivery period of 1 working day is considered the end of the next working day).

49. The term for payment of compensations on accepted as well-founded claims shall be 15 working days, as of the date of preparation of the answer to the complaint.

50. SPEEDY is not responsible:
50.1. for non-registered mail;
50.2. for damage or destroying of registered or Declared Value postal letters and consignments, which occurred as a result of force majeure;
50.3. when the registered postal consignments cannot be traced due to destroying the official documents for them by force majeure;
50.4. where the damage or destroying of the postal consignments has occurred through the fault of the sender or arises from the nature of the contents of the postal items;
50.5. for postal consignments containing objects or substances which are prohibited or which their holding or transport is subject to a special regime which have therefore been confiscated or destroyed by the competent authorities in accordance with the established procedure;
50.6. when due to an incomplete or incorrect address the postal consignment is delivered to another person;
50.7. for delayed or undelivered consignments due to incomplete or incorrect address.
50.8. when the consumer has not filed a written complaint within the prescribed period.
50.9. SPEEDY is not liable for indirect damages and unrealized gains resulting from lost, damaged, robbed, handed over to unauthorized persons or delayed deliveries of domestic and international consignments. 49.10. SPEEDY is not liable under contracts for insurance of postal items, concluded by the senders of items with insurers, when the latter enter into the rights of the insured, according to Article 213 of the Insurance Code, above the amounts of benefits to which the sender or recipient is entitled under these GTC. The indemnities are paid to the insurers if they are not paid to the senders or recipients of the consignments.

51. In case of compensation paid by SPEEDY on a claim, which is in the amount of the value of the consignment, SPEEDY becomes the owner of the consignment. The claimer undertakes to submit it to SPEEDY before paying the compensation.

Section XII. Dispute Resolution Procedure

52. Disputes between consumers and SPEEDY shall be resolved on the basis of good partnership, through negotiations and additional agreements. In case of disagreement, each of the parties may request assistance from Communications Regulation Commission, other competent authorities or refer the dispute to the competent Bulgarian court.

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