General terms and conditions service agreement between users of non-universal postal services and DIREX AD joint-stock company
I. Subject and general terms and conditions
1.1 These Terms and Conditions govern and determine the relationship between DIREX AD, joint-stock company with UIC 205037136 (hereinafter referred to as "Courier") and the user of non-universal postal services provided by Courier, defining the rights, obligations and responsibilities of the parties involved in this agreement. .
1.2 Users of non-universal postal services provided by the Courier may be all individual persons, sole traders and legal entities (hereafter referred to as "User (s)").
1.3 The parties involved in the agreement under item 1 may negotiate other conditions for the provision of non-universal postal services for which they conclude individual contracts or additional agreements, annexes, integral part of which will be considered the present General Terms and Conditions.
2.1 Shipment means a stock or a document of any kind (whether in bulk or in one or more packages) which is or has been accepted by Us for carriage from one address to another, whether on or without our bill of lading;
2.2 Transportation means and includes all operations and services that are undertaken by us in relation to the shipment;
III. Acceptance of the Terms and Conditions
3.1 the User shall be deemed to be notified of the General Terms and Conditions from the date of their publication on the following Courier Internet site: www.postone.eu The General Conditions may be amended and supplemented at the initiative of the Courier at any time. The courier informs the Users about changes or additions by publishing the amended General Terms and Conditions no later than 7 (seven) days prior to their entry into force.
3.2 The User shall be deemed to be bound by the General Terms and Conditions from the date of signing of an individual contract for the use of the services provided by the Courier or, respectively, from the effective date of the use of the Services, namely by transmitting the transaction by the User of the Courier . In this case, upon transmission of the shipment, the User accepts the Terms of Service, on his or her own behalf and / or on behalf of anyone else who has an interest in the shipment, regardless of whether the front of the bill of lading or the passport is signed.
3.3 These Terms and Conditions apply and may be applied by anyone who uses or subcontracts Courier to take, transport or deliver the Shipment to the Customer, as well as Courier's employees, managers and agents. In the event that the User submits to the Courier a shipment of oral or written instructions contrary to these Terms and Conditions, the latter will not be obliged to follow these instructions.
IV. Services - features, access conditions
4.1 The courier provides through its transportation network the following non-universal postal services:
4.1.1 Courier services provided by the Courier on the territory of the Republic of Bulgaria will be as explicitly described in the Courier Services Tariff of DIREX AD, which is integral part of the General Terms and Conditions (T and C).
4.1.2. The courier services provided by the Courier to / from the territory of other countries in the world, as described in the Courier Services Tariff of DIREX AD, will be an integral part of the General Terms and Conditions (T and C).
4.2 Courier guarantees equal access for the Users to the services provided by the Courier's office / offices, as well as its subcontractors.
4.3 Shipments will be accepted from the sender’s designated address or at the Courier's office, or offices, or subcontractors within a defined Courier's working time, placed in a visible and accessible place for all Users in the office / offices.
4.4 The users who have entered into an individual contract for non-universal postal services with Courier receive the status of the so- Approved customer. The User acquires the status of an Approved Customer from the date of signing the above and will have full confirmation / assurance, stated in individual contract concluded by both parties involved; by the User and by the Courier.
3.5 In the event where there is no individual contract completed between the Courier and the Approved Customer, the contract between the Courier and any other User shall be deemed to have been concluded automatically by accepting a shipment at the access points or at the latter's address, as evidenced by the designated person’s signature on the bill of lading or the delivery manifest and the price of the service.
3.6 The contract is deemed to be fulfilled when:
3.6.1 The courier shipment in the territory of the Republic of Bulgaria - with the delivery of the shipment, will be verified by a signature from the recipient, or other person at the address indicated for the address of delivery or authorized / designated person;
3.6.2 For the international courier shipments- the delivery will be verified through the consignment to the consignee or to an authorized person. (Or through another person at the address specified as delivery address)
The delivery of the shipment shall be verified through a signature, stamp or written confirmation from the Courier's partner carrying out the physical delivery of the shipment. Information on the movement and delivery of the shipment can be obtained from the following Courier's website: www.postone.eu Information about the shipment on this page will be archived for 3 months after delivery.
V. Terms of acceptance and delivery of courier items. Routes of shipment and delivery time frames.
4.1. When sending a shipment, all data in the bill of lading shall be filled in by the User as precisely as possible. By signing it, the User confirms the authenticity and clearly stated content of the entered data. The User assumes full responsibility if provides inaccurate, incomplete or incorrect data, as well as verifies automatically that the User is familiar with these Terms and Conditions and accepts them.
4.2 Each courier shipment is delivered to the address specified by the User in accordance with the delivery time frames specified by the Courier on its website. Unless otherwise agreed by the parties in a separate individual contract, the maximum delivery time for a consignment within Europe will bе 20 (twenty) business days, and 30 (thirty) business days to the rest of the world.
The holidays, national holidays and bank holiday days, as well as customs authorities’ procedures or other reasons beyond the Courier, including but not limited to force majeure, are not included in the time frame delay for door-to- to door „deliveries, stated on the courier's website. The route, the shipment shipping options, and the choice of subcontractor, which will be used to deliver the particular shipment, will be selected and chosen solely by the Courier
VI. Consignments and parcels containing dangerous and prohibited items
5.The Courier shall not carry goods which, at its discretion, may be defined as dangerous goods, including but not limited to goods listed as dangerous and prohibited in the Technical Instructions of the International Civil Aviation Organization ICAO), the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods Code - the so-called " IMDG Code, the Rules of the European Convention related to the International Carriage of Dangerous Goods by Road (ADR), as well as those type of items which are specified as dangerous in any other national or international rules and regulations relevant to the transport of dangerous goods, Except as provided in paragraph 5.12 below.
5.2 The Courier retains the rights to power of discretion to accept certain types of dangerous goods to be transported to other countries if the User who has requested this service meets cumulatively the following conditions:
- has already received Approved Client status, namely, an individual contract with Courier; and (b) at the request of the Courier, the User has provided samples of the dangerous goods to be transported; and (c) the Courier has confirmed in writing his / her consent to transport the dangerous goods;
Notwithstanding the above cumulative conditions, the Courier may refuse to transport the dangerous goods in the event that when they were provided for the transport of the Courier, - is established that they are not packaged by the User in a way that ensures their restraint and safety carriage.
5.3 The Courier retains the right to charge additional funds for the transportation of dangerous goods depending on the type and quantity of the dangerous goods, as well as depending on the destination to which they are to be delivered.
5.4 When completing the loading bill for the designated domestic or international consignment and the delivery of the Courier, the User undertakes the responsibility to verify that it does not contain any substances and objects prohibited by the Bulgarian law, including of any international regulation, including but not limited to : drugs, narcotic, psychotropic and poisonous substances; weapons, ammunition, pyrotechnic articles, explosives, flammable or other dangerous substances and objects; objects contrary to moral norms; objects and substances which, by their nature or packaging, pose a danger to life or health of postal workers or other persons or items that may pollute or damage other consignments and equipment; religious materials of sects and organizations banned or not registered in the corresponding government; movable cultural and historical monuments or items for which no permit or certificate has been issued; excise goods and tobacco waste whose handling, transportation, transportation, supply and sale are prohibited by the Excise Duties and Tax Warehouses Act.
5.4.1 With the exception of declared items, no coins, banknotes, currency, travel checks, items representing the value of the sender, platinum, gold, silver, precious stones or other precious stones and other valuable objects shall be included in the packages.
5.4.2 In international shipments, including those with declared value, other substances and objects as specified in international agreements, as well as objects whose importation or distribution is not in addition to the substances and objects referred to in item 5.4. prohibited in the country of destination.
5.5 The User must provide full description of the contents of the consignment in the bill of lading and the provision of this information does not relieve the User of obligations and responsibilities related to the provision of dangerous or forbidden goods. Courier has the right to require the User to provide a sample of the merchandise that the latter that wants to be shipped in case the Courier suspects that the consignment may contain a prohibited item.
5.6 Whether or not the Courier requested or not a sample of the goods that the User wishes to be shipped, the latter shall assume full responsibility for the contents of the shipment and shall be obliged and fully responsible to prove that the User has not assigned the Courier for the transportation or forbidden goods.
5.7 In the event that the User has given the Courier any prohibited or dangerous goods for transportation, the first agrees and compels to indemnify and compensate the Courier or its subcontractors in the event of any third party claiming any damages caused by the shipment of the forbidden or dangerous goods. The User hereby agrees that the Courier has the right to dispose in any way of dangerous and / or forbidden goods which have been handed to him for transportation without the User explicitly communicating to the Courier their presence in the transmission of shipment.
5.8 The User agrees that shipments transported by the Courier may be subject to security scanning involving the use of X-ray equipment as well as open and have their contents checked under transit control.
5.9 The User hereby agrees that the consignment shall be detained and opened at any time by the Courier or a competent public authority under the terms of Article 93 of the TPA
5.10 The user declares that he/she has prepared the consignment in advance, in person or by using his competent staff members, and that the consignment has been protected against unauthorized penetration during its preparation, storage and transport immediately before Courier accepts the shipment.
5.11 The courier reserves the right to refuse to accept or transport a shipment at any time if:
a) The user acts in contravention of the terms of these General Terms and Conditions or the individual contract concluded between them – both parties the User and the Courier; and /
(b) A court or arbitration tribunal as well as other governmental authority extending its jurisdiction over the Courier or the User or a statutory instrument or an international treaty defines the provision of the non-universal postal service for the consignment correspondingly as violating an existing provision
(c)A norm, rule or other rules adopted by the due legal order authorities that may make the shipment / consignment more costly or considerably financially difficult to carry out the shipment of the consignment based on the Courier’s reasonable judgment
(d) Courier has reasonable grounds to believe that the consignment contains dangerous and / or prohibited goods
VI. Exemption procedures from custom duties and taxes
6.1 It is the User’s responsibility to inform the Courier about the content of the shipment and whether it is subject to duties or other excise duties and taxes (including but not limited to VAT or other types of charges and taxes in respect of the shipment). The user certifies that all data and information provided by the User related to the export and import of the shipment will be clear and accurate. The User hereby declares that he / she is aware of the risk that he / she will be prosecuted and / or may suffer prosecuted, sanctions involving confiscation and sale of the consignment in the event of false or fictitious data related to the shipment or its content.
6.2 Depending on the route of the shipment, different customs duties, taxes and other charges may be imposed. As cases may vary, the Courier may help in a good will, but has no obligations whatsoever, to provide assistance for the release of the consignment/shipment. The User hereby authorizes the Courier as his agent solely for the purpose of releasing and submitting the shipment in front of the customs authorities. The user verifies that the Courier is a recipient solely for the purpose of being the designated agent in front of the custom authorities to boost the customs clearance and presentation of the consignment to the customs authorities in case the Courier subcontracts the above mentioned customs activities. If the customs authorities require additional documentation to confirm the import / export declaration or Courier's status regarding dispatch of consignments, the User undertakes the responsibility to provide the requested documentation on his/her behalf.
6.3 As long as the Courier has voluntarily provided assistance to comply with and finalize the required customs and/or other formalities related to the release of the shipment, such assistance shall be at the expense of the User and of his/her risk. The User agrees to indemnify the Courier and protect him from any claims that may be made against the Courier as a result of information provided by the Courier and to pay all costs, including administrative costs, incurred by the Courier in relation to the services provided according to this article / point.
6.4 The User hereby declares and accepts that the Courier does not participate anyhow in the business relationship between the User and his subcontractors and between the User and the consignee / importer of the shipments. In this case, the Courier cannot appear and will not
be treated neither as a sender, an importer, nor as the ultimate recipient or subcontractor of the User from a commercial, legal or tax matter point of view anyhow. Therefore, any duties, taxes, fines, storage fees or other charges paid by the Courier as a result of actions by Customs or other governmental authorities or as a result of the User's and / or the recipient's failure to provide appropriate documentation and / or to obtain the requisite license or permit will be invoiced to the User or to the recipient of the shipment accordingly. In the event that the Courier decides to invoice these fees to the Recipient and refuses to pay them, the User agrees to cover all fees charged, including the fee charged by the Courier for the administrative staff involved, as well as any other additional costs the latter will do. The User agrees to provide an appropriate guarantee for all duties, taxes, fines, storage fees or other costs provided for in this point at the first request on behalf of the Courier.
6.5 Courier shall not be responsible for any delays, losses or damages caused by the intervention of customs officers or other state authorities anyhow related to the status or the release of the consignment/shipment.
VII. VAT and other taxes the shipment is taxable with
7.1 It is the User’s responsibility to determine if their shipment will be subject to VAT or other kind of tax or additional charges. The courier is not competent to provide tax advice or information to the User in relation with their shipment considering the complexity and variety of tax laws in the different countries through which the shipment may pass, or to which it must be delivered. In this sense, the Courier does not assume any responsibility with respect to the shipment or any tax and other disputes or actions that may be brought against the User related to this case. . The User is compelled to indemnify and fully compensate the Courier in the event that the latter has suffered any damage caused by the User, by a State or third party claims, or claims in relation with tax or other legal violations.
VIII. Prices, terms and methods of payment
8.1 The courier’s service prices are indicated by the Courier in its Tariff, published on the following Courier's website www.postone.eu or in an individual contract with the User, if it has been concluded in accordance with item 1.3 of the General Conditions through an Approved Customer procedure. The prices stated in the individual contract shall not be higher than the Tariff prices.
8.2 The courier’s services prices shall be provided by the Courier to this User that has not acquired the Approved Client status shall be prepaid by the User, in cash, or by bank transfer. The Courier's tariff is shall be found in an easily visible place in the access points (customer conference rooms) in the Courier's office. It is designated by the latter in accordance with the requirements of the Postal Services Act that is provided to the Communications Regulation Commission within 10 (ten) days prior to its entry into force for the Users.
8.3 The User who has acquired Approved Client status agrees to pay Courier the cost of transporting the shipment between the addresses indicated on the bill of lading and the VAT due for the service within seven (7) days from the date of the invoice issued by Courier, if the parties have not otherwise agreed in an individual contract.
8.4 If the User considers that he has reason to dispute the invoice issued by the Courier for the shipment, he / she may do so within 7 / seven / days of its issue by sending a written notice to the Courier. The latter is required to check the invoice as soon as possible, as in the case of an inaccuracy, the Courier takes appropriate corrective action in view of the allowance, in accordance with applicable laws and accounting standards. The user expressly agrees that the non-contestation of the invoice within seven (7) days after the date of issuing will be deemed as tacit approval of the same, as the User waives all further rights for any future dispute. The User hereby declares that she/he is aware of the fact that he owes the payment of the invoice within the time limit under item 8.3 or the one set in an individual contract, whether or not the invoice is subject of argument or dispute.
8.5 The courier services provided by Courier are calculated according to the prices applicable to the respective shipment specified in the present Courier Tariffs. Courier has the right to check the weight and / or the volume of the shipments. In the event that a contradiction with the weight and / or volume declared by the User is found, the latter agrees that the weight and / or volume measured by the Courier may be used to calculate the ultimate courier service price. The basis for the calculation shall be the higher value between the weight and / or volume declared by the User and those established by Courier when measuring the shipment.
8.6 All customs duties, VAT on the goods and any other charges with which the shipment is taxed in the country of the recipient shall be paid by the consignee upon delivery of the shipment. In case the recipient refuses to pay, the User agrees to cover all duties, taxes and fees not paid by the recipient within 7 (seven) days of notification thereof. The same terms apply in case that, when the shipment is dispatched, the User has provided for special payment instructions including, but not limited to, that a third party will cover the above mentioned charges for duties, taxes, fines, costs, additional payments and sanctions imposed in connection with the shipment.
8.7 The delivery prices specified in the current Courier's Tariff include the clearance of general customs formalities, and the Courier reserves the right to charge any additional administrative costs that are necessary for the release of the shipment for the purpose of successful delivery to the recipient. In regards to this, additional charges may arise in some countries for complex customs procedures including but not limited to shipments requiring: (i) a formal declaration to the customs authorities involving more than three different goods/items; (ii) customs control or the need to deliver the goods, to be carried out under customs control; (iii) temporary import relief; or (iv) permits issued by other government authority departments other than customs authorities.
Considering the legislation in some countries, it is possible for Courier to make advance payments of import duties, taxes, or fines on behalf of the importer, and all administrative charges included in this additional release service will be payable by the recipient of the shipment by the User, in case where
8.8 The invoice issued by the Courier is not accompanied by a Proof of Delivery (POD) or any other supporting documents. The invoice is paid in the currency specified in the invoice itself.
8.9 In the event that the User fails to pay the Courier the value of the invoice within the time limit specified in paragraph 8.3 above or in an individual contract, the User hereby agrees that the Courier has the right to claim a penalty of 0, 1% of unpaid value for each day of delay.
8.10 In order to secure all Courier's receivables from the User, the User hereby gives the Courier the right to pledge on all of its shipments held by the Courier, and the latter may retain the proceeds of their sale to repay the amounts not paid by the User.
The courier retains the right to detain for the chargeable claim against the User on the shipments of the latter, which are in the possession of the Courier.
IX. Rights and Obligations of the Courier and the User
9.1 Courier has the following rights:
(i) To organize and execute at its own discretion the acceptance, handling, transportation and delivery of shipments using routes, means of transportations or subcontractors that the Courier finds to be optimal and expedient;
(ii) Require the consignment to be in an appropriate form and in a transport package that does not endanger the integrity or content of other consignments. The Courier retain the right to repack or repackage items whose integrity has been compromised in order to preserve their contents;
(iii) to obtain compensation from the User for damages caused by his consignments to Courier or to other shipments;
(iv) The courier is entitled and retains the right to require the User to be dispatched when the shipment is handed over.
(v) The courier may require the User to make a check in case of suspicion of prohibited articles or substances. In the event that the User refuses to give such consent, the consignment is not accepted for carriage by the Courier;
9.2 Courier has the following obligations:
(i) to place these Terms and Conditions and the Tariff in a visible and accessible place in any of its offices or subcontractor's offices on its website www.postone.eu as well as to provide them at no cost to Users upon request;
(ii) To provide the User with the following types of packaging:
For documents - A4 cardboard envelope;
For non-paper parcels - polyethylene bags in sizes A4 and A5;
Packaging of nonstandard items beyond the above is the User’s responsibility
(iii) Perform additional instructions to the User before the shipment is delivered, if they are enforceable and do not violate the Courier's organization of work and are paid if additional costs are incurred by the Courier for the following;
(iv) To ensure that all users have equal access to the services offered;
(v) To keep the secret of correspondence during and after the service;
(vi) Provide the Users with information about service features, terms and conditions of use;
(vii) To consider and take a stand on applications, complaints and suggestions from Users within one month from the date of submission;
(viii) To keep and maintain a register of received applications, complaints and suggestions, their causes and merits, and the actions taken after their case review. Data from the register shall be kept for a period of 12 months, and is subject to the applicable rules on the protection of personal data;
(ix) To compensate the Users in accordance with Section XII
9.3 The User of the Courier items has the following rights:
(i) To dispose of the consignments until they are handed over to the recipient as their legal owners and disposers, to undertake and to bear all costs incurred by the Courier in completing the orders;
(ii) To receive complete information about the features and parameters of Courier's services;
(iii) To receive courier services of the required quality related to shipment delivery;
(iv) To submit requests, complaints and suggestions and receive a reply within one month of submission;
(v) To address complaints and alerts to the Communications Regulation Commission;
(vi) To receive a consignment back if the recipient refuses to accept it by paying the appropriate amount to the Courier;
(vii) To receive compensation for damages caused by the Courier in accordance with Section XII.
9.4 The user of a the Courier services has the following obligations:
(i) To prepay the price for the service, according to the prices announced in the Tariff, unless another value or method of payment is specified in the individual contract or supplementary agreement;
(ii) To provide maximum complete and correct information about the recipient of the consignment, its value and content;
(iii) To package their consignments in a fit for transportation, all consequences of non-compliance being at their expense, risk and liability;
(iv) To be liable for damage caused by shipments of Courier's assets / employees or other items / persons. Liability is equal to the losses incurred by the Courier or the benefits paid to third parties;
(v) To pay the Courier the value of the service for shipments dispatched to the consignee in case of refusal to pay for it;
10.1 The User hereby declares and warrants that:
(i) the contents of the consignment are correctly described in the consignment note provided by the Courier, and the full address, including the postal code, as well as the recipient's name is precisely provided;
(ii) the contents of the consignment are properly affixed with labels placed by the User in a suitable/ visible location on the external part of the consignment, so that it is to be clearly visible to the Courier. The labels should also contain the full address of the recipient, written exactly and legibly;
(iii) the contents of the consignment are securely and carefully packaged by the User or their staff, taking into account the nature of the consignment and the usual transport risks, including the associated sorting process;
(iv) will indicate the exact weight of the consignment and provide, where appropriate, special equipment for loading or unloading the consignment, on or from Courier's vehicles or subcontractors;
(v) a heavy-weight label shall be securely located in a suitable location on the outside of the consignment so as to be clearly visible to the Courier for each consignment equal to or greater than 30 / thirty / kilograms;
(vi) the contents of the consignment do not contain goods banned by IATA or ICAO and do not contain any "prohibited goods" in general;
(vii) has indicated the exact VAT identification numbers of the User or the consignee, in the case of delivery in any of the Member States of the European Union when the recipient pays the Courier's fees;
(viii) has correctly applied a completed commercial invoice in the case of an international consignment (with a correctly filled in invoice address, a correct VAT number, a fair and legible description of the goods, the World Trade Organization (GATT) code representing the first 6 digits of the Harmonized System Code ("HS") and the exact weight of the consignment related).
10.2 The User hereby agrees to indemnify and compensate the Courier and protect the latter from any liability which may incur and agrees to cover any costs, damages or expenses incurred by the Courier arising from any breach of any of the foregoing statements and warranties.
XI. Undeliverable and refused shipments
11.1 In the event that the Courier cannot deliver the shipment due to an inaccurate or incomplete address, the Courier will make all reasonable efforts to find the correct one. The Courier will notify the User of the change of address and deliver or attempt to deliver the shipment to the correct address, regardless of the fact that additional charges may have been applied, if the correct one is different from the one indicated on the bill of lading or on the label, attached to the shipment. Single Box Only shipments are accepted only if:
(i) Courier is also provided with the recipient's telephone number, and
(ii) The User has agreed that Courier shall send the shipment by mail to the recipient if the Courier is unable to deliver with first attempt, with proof of posting, that count as sufficient proof of delivery.
11.2 In the event that the Courier cannot deliver the consignment for a reason that cannot be attributed to fault, The Courier will attempt to leave a message at the recipient's address stating that an attempt has been made to complete the delivery, as well as the location of the shipment. If after another attempt the delivery is not performed successfully, or the recipient refuses to accept the delivery, the Courier will attempt to contact the User in order to agree the appropriate follow-up procedures. Hereby, the User agrees to pay to Courier all costs incurred by the dispatching, delivering or returning the shipment, as well as Courier's (if any additional) charges for performing third or more attempts to deliver the shipmen as well for the agreed follow-up actions. If the User fails to give Courier prompt instructions after the latter's second attempt to deliver the shipment, the Courier has the right to dispose of it in the manner the Courier deems appropriate (including but not limited to bringing it back and returning to the User, as well as either destroying and / or selling it ).
XII. COURIER RESPONSIBILITY
12.1 Courier is not obliged to indemnify the User for loss of revenue, loss of profit, loss of markets, damage to goodwill, loss of clientele, missed opportunity or other indirect, incidental, special or indirect damage or loss arising from any of the following, but not limited to, loss, damage, delay, improper (incorrect) delivery or delivery of a shipment to the User, even if the Courier knew that such damages or losses could arise.
12.2 The courier is not obliged to indemnify the User if the consignment or part thereof is lost, damaged, delayed, wrongly delivered or not delivered, or if there is a complete non-fulfillment of the Courier's duty to the User as a result of the following:
(i) Non-Courier circumstances, such as (but not limited to):
- natural disasters, including earthquakes, cyclones, storms, floods, fires, epidemics, fogs, snowfalls or earthquakes;
- Force majeure, including (but not limited to) war, catastrophes, terrorist acts, strikes, embargo, air hazards, local conflicts or civil unrest;
- national or local air or ground damage to the transport network or technical problems of modes or facilities;
- hidden defects or inherent disadvantages in the contents of the consignment.
- Criminal acts of a third party such as theft and arson.
(ii) Actions or omissions on the User’s behalf, as well as those of third parties such as:
- inaccurate or complete failure on the behalf of the User to fulfill their obligations under these Terms and Conditions, and in particular the Declarations referred to in Section X;
- an act or omission by customs authorities, an airline, an airport or any official authority;
(iii) The contents of the consignment contain a component that is identified as "Prohibited Goods", even if the Courier has accepted such type of a shipment incorrectly.
12.3 Subject to paragraph 12.2 as described above, the Courier owes compensation to the User in cases of guilty breach of his obligations, namely:
(i) lost, robbed or damaged, in whole or in part, domestic and international shipments;
(ii) returned consignments when there are no grounds for non-delivery;
(iii) non-observance of the delivery terms of the shipment, which terms are specified in these General Terms or in the individual agreement with the User;
12.4 In the case of an approved claim filed under Section XIII below, the Courier shall pay the claimant compensation in the amount as follows:
(i) In the case of items 12.3, "i" and "ii" - 20 (twenty) BGN per kilogram but not more than 40 BGN per shipment;
(ii) For all the cases stated under item 12.3, "iii" - the value of the paid courier service;
12.5 By doing so, the User expressly agrees that the Courier will not be liable for any damages or costs incurred as a result of errors, improper or incomplete instructions or actions / inactions of employees, subcontractors, contractors or any third party with which the User is in legal relations. Based on the above, the Courier solely agrees to follow the instructions and special requirements of these third parties if:
(i) they have a power of attorney duly certifying their right to represent the User in relation with the shipment
(ii) The courier has received explicit written confirmation from the User that third parties are authorized to act on his / her behalf and on his / her account in a particular manner.
XIII. Reclamation procedure
13.1 In the event that there are present grounds for the Courier's liability referred to in paragraph 12.3 above , the User or consignee of the shipment shall be entitled to a claim.
13.2 The User shall notify the Courier in writing of the loss, damage or delay of the shipment within no more than ...... days from the date of acceptance of the Shipment designated to be sent by the Courier. The claim must contain detailed information about the consignment and the damage suffered by the User or the consignee in this case, as well as a copy of the bill of lading, statement of findings / invoice / invoice or customs document certifying the content and the shipment’s value.
13.3 The Courier reviews the claim as well as the facts and circumstances related to it. The Courier informs the advertiser in written of the outcome of any regular claim within one month from the date of the receipt of written claim.
13.4 Upon receipt of the claim by the Courier, the Courier shall pay the claimant compensation under the provisions of Section XII above within one month from the date of the notification stated in item 13.3.
13.5 To avoid additional doubt, the Courier agrees that the consignment has been delivered in good standing unless the recipient, upon acceptance of the received consignment, has reported damage to the Courier's delivery file. The Courier has the right to require the Complainant to provide them with the content and the original package of the shipment for further inspection.
13.6 A claim shall only be deemed to have been regularly lodged on basis where, at the time of its filing, the Courier has already paid all the sums due related to the shipment of the dispatched consignment.
13.7 If a claim filed in accordance with the above provisions is wholly or partially rejected by the Courier or has been left unanswered within the time limit set out in paragraph 13.3, the Complainant may address a written request to the Communications Regulatory Commission for additional statement of the dispute.
XIV. protection of personal data
14.1 In the event where the User provides the Courier with personal data necessary for the completion of the courier service, the former shall declare and ensure that: (i) they have complied with all local law provisions related to the use and dissemination of personal data; and (ii)that the law permits the provision of such personal data by the Courier from the User, as well as the processing by the latter for the shipment of the consignment;
14.2 Based on the above, the User agrees to indemnify the Courier in the event that third parties claim to the latter in respect of a violation of local legislation related to the use of personal data or relating to the carriage of a consignment to the User.
14.3 For the avoidance of any doubt, the Courier hereby clarifies that will fully follow the User's instructions with relation to the shipments. The courier declares that they will not use the personal data provided by the User for any other purpose whatsoever, than the delivery of the shipment and that the latter will take the necessary technical and organizational measures to prevent theft and misuse of personal data.
14.4 The Courier declares that they will only provide personal data their employees, subcontractors, agents and / or consultants when it is related to the carriage of the shipment as well as to state and international institutions authorities, in case they require information for personal data on the basis of their legitimate powers.
XV. Order to resolve disputes
15.1 In the event that any of the terms and conditions is declared void or subtle, this will not affect the effect of the other clauses of these Terms and Conditions and they shall remain in force.
15.2 Disputes between the Courier and the User shall be resolved by direct negotiations between them. If no agreement is reached, either party may request assistance from the Communications Regulation Commission and other competent authorities or refer the dispute to the competent Bulgarian court.
15.3 All unsettled matters that are not covered by these General Terms and Conditions shall be governed by the effective Bulgarian legislation.