offered by DELIVERY SOLUTIONS S.A. RO 23743772, 6, Herastrau Street, Globalworth Square, 6th and 7th floor, Bucharest
Translation from Romanian version
1. General provisions.
1.1. These general conditions for the provision of postal services regulate the contractual relations between the undersigned (S.C. DELIVERY SOLUTIONS S.A., owner of the SAMEDAY COURIER trademark, hereinafter referred to as Sameday Courier), as postal service provider, and the users, who hand over to us postal items of general applicability for clearance, sorting, transport and delivery, including to and in connection with any third party that would have an interest in such postal service.
1.2. By ordering Postal Services through the “Sameday Courier” provider, the user expressly agrees that any contracted service can also be provided using subcontractors, and Sameday Courier remains contractually liable towards the user.
2. Definition of certain terms.
2.1. „Postal services” – services involving the clearance, sorting, transport and distribution of postal items;
These implicitly include other specific activities necessary for the provision of postal services such as, without limitation, handling, storage of postal items, etc.
2.2. „Postal service provider” – any self-employed person, individual enterprise, family enterprise or any legal entity which provides, in full or in part, one or more postal services;
2.3. “Postal network” – the organization system and resources of any kind used by postal service providers mainly for:
2.4. “Access points” – physical facilities, including letter boxes provided for the public, where postal items may be deposited with the postal network;
2.5. “Contact points” – the set of physical facilities allowing the delivery of postal items to addressees;
2.6. “Clearance” – the operation of collecting postal items using access points or from an address indicated by the sender;
2.7. “Delivery” – the handover by the postal service provider of postal items;
2.8. “Distribution” – the process from sorting at the distribution centre to delivery of postal items to their addressees;
2.9. “Date of deposit” – the date on which the postal item is collected. Article 181 of Law no. 134/2010 on the Civil Procedure Code, republished, as amended and supplemented, remains applicable.
2.10. “Item of correspondence” – a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals will not be regarded as items of correspondence;
2.11. “Recorded postal item” – a postal item covered by a service the specificity of which is the issuance by the provider to the sender of a document allowing the provider the internal identification of the postal item in the postal network, certifying the date of deposit as well as, as a rule, the payment of the charge;
2.12. “Postal item” – an item addressed in the final form in which it is to be carried and delivered to the address indicated by the sender on the item, on the packaging or in a distribution list. In addition to correspondence items, this category includes, for example, printed forms, “M” bags, small packages, postal parcels containing goods with or without commercial value and postal orders on paper; hybrid items are not included in this category;
2.13. “International postal item” – a postal item sent from the territory of Romania to an address that is not located on this territory or sent from outside the territory of Romania to an address located on its territory and the postal item sent from outside the territory of Romania to an address that is not located on this territory, but in transit on the territory of Romania;
2.14. “Postal parcel” – a postal item with a maximum weight of 31.5 kg containing goods with or without commercial value;
2.15. “Registered item sending service” – a service providing a flat-rate guarantee against risks of loss, theft, total or partial destruction or damage of the registered postal item and supplying the sender, upon request, after the deposit or delivery of the postal item, with proof of the deposit of the postal item or of its delivery to the addressee, without a written confirmation thereof by the latter;
2.16. “Insured item” – a postal service the specificity of which is the insurance of a recorded postal item against loss, theft, total or partial destruction or damage, for an amount that cannot exceed the value declared by the sender and supplying the sender, upon request, after the deposit or delivery of the postal item, with proof of the deposit of the postal item or of its delivery to the addressee, without a written confirmation thereof by the latter;
2.17. “Cash on delivery service” – a postal service the particularity of which consists in the payment by the addressee, to the sender, through the postal network, of the value of the good sent as a recorded postal item;
2.18. “Acknowledgement of receipt service” – a postal service the particularity of which consists in the delivery to the sender of the proof of delivery of the recorded postal item, confirmed in writing by the addressee;
2.19. “Destination change service” – a postal service intended for recorded postal items, the particularity of which consists in the possibility of changing the addressee or the delivery address before the delivery of the item, at the express request of the sender, communicated to the provider within a period agreed in advance with it, as well as in the possibility of stopping the delivery of the postal item;
2.20. “Special delivery service” – a postal service intended for recorded postal items, the particularity of which consists in the handing in of the postal item to the addressee or the person authorised to receive the postal item, according to the sender’s instructions regarding either the date and time of delivery to the indicated address, or the order of delivery, in the case to several addressees;
2.21. “Express service” – a postal service involving, cumulatively:
2.22. “Sender” – a natural or legal person responsible for originating postal items and for entering it into the postal network, personally or via a third party;
2.23. “Addressee” – a person to whom the postal item is addressed;
2.24. “User” – any natural or legal person benefiting from postal service provision as a sender or an addressee;
2.25. “Integrator”- any natural or legal person acting under a contract as an intermediary between one or more senders and the postal service provider, the activity of which consists, in whole or in part, of the generation and processing of postal items and their introduction into the postal network of a postal service provider for delivery to the address indicated by the sender; these services provided by the integrator are not postal services.
2.26. “Essential requirements” – general non-economic reasons whereby requirement are imposed for the supply of postal services, consisting of: the confidentiality of correspondence, security of the network as regards the transport of dangerous goods, respect for the terms and conditions of employment, social security schemes, laid down by law, regulation or administrative provision and/or by collective agreement negotiated between national social partners, in accordance with Community and national law and, where justified, data protection, environmental protection and regional planning. Data protection may include personal data protection, the confidentiality of information transmitted or stored and protection of privacy, in observance with the legal provisions in force.
2.27. “Sameday Courier” is S.C. Delivery Solutions S.A. as well as any subcontractor of S.C. Delivery Solutions S.A. contracted to perform/provide postal services.
Any other terms not defined above have the meaning regulated by GEO 13/2013 and Decision of the President of ANCOM no. 313/2017.
3. Conditions for accepting postal items.
In order to be entered into the SAMEDAY COURIER postal network, postal items must be packaged and labelled (where applicable) in accordance with the nature of the good sent as a postal item, appropriate for the weight, shape and nature of the content, as well as for the mode and duration of transport, by providing an opaque outer wrapping so that the contents of the postal items are not visible and cannot be accessed without leaving traces.
Specific recommendations and instructions on the packaging of postal items, mainly according to the nature of the goods that can be sent as postal items, are available on the website www.sameday.ro.
The type of postal items covered by the services offered and provided by Sameday Courier: domestic and international.
3.1. Packaging and labelling conditions.
3.1.1. The sender is responsible for packaging the postal items.
To be accepted in the postal network, postal items must meet the following packaging conditions:
3.1.2. Sameday Courier undertakes to recognize and observe the inscriptions/labels applied by the sender and to pay special attention in respect of handling, transport and storage of the postal items in question.
3.1.3. The sender must ensure that the goods to be shipped will not be packed in several individual postal items tied/fastened together, circulating under the same single transport document.
3.2. The following are excluded from clearance, sorting, transport and delivery:
3.3. Conditions for acceptance with respect to the dimensions and weight of postal items.
3.3.1. Postal items with the following maximum dimensions and weights will be accepted:
3.3.2. Each postal item is identified in the SAMEDAY COURIER postal network by a unique transport number (AWB).
3.3.3. Postal items are delivered to the addresses indicated by the senders in person to the addressees or to the persons authorised to receive the postal items or at the contact point of SAMEDAY COURIER (served or not by personnel, including automatic delivery system), picked up in person by the addressees or the persons authorised to receive the postal items, after the prior transmission of notices of the arrival of the postal items. Deliveries using an automatic delivery system (locker) are carried out on every day of the week.
3.3.4. All postal services intended for domestic postal items, provided by Sameday Courier, can be provided either using its own means or through subcontractors. Postal services intended for international postal items are provided exclusively through subcontractors.
3.3.5. Sameday Courier offers and provides the change of destination, acknowledgement of receipt and special delivery postal services only for domestic postal items.
The change of destination service is offered and provided only to the extent that the new delivery address is within the same locality/county/country entered/written in the address at the time of deposit of the postal item (initial address).
3.3.6. The sender can declare a maximum value of the domestic or international postal item of RON 40,000 (or the equivalent in the national currency of the country of clearance/destination or in EUR), and the postal item may be subject to full or partial compensation, as the case may be, if the loss or destruction was caused by the fault of the provider, and the sender paid, in advance, an additional charge of 1% of the declared value.
These conditions, i.e. the maximum limit accepted in the case of the insured items, can only be waived under commercial contracts concluded, in writing, on the basis of negotiated individual offers (supplementary to the public offer).
3.3.7. The provider also performs services against cash on delivery, the payment of the reimbursement by the recipient being able to be made both in cash, and on-line by card, following that the amounts collected as reimbursement to be transferred to the sender exclusively in the bank account indicated by him. The maximum limit of the reimbursement collected in cash is 5.000.00,00 RON (for the Cash on delivery service, having as recipients’ legal entities) and 10.000.00 RON (for the Cash on delivery service, having as recipients’ individual entities), per domestic or international postal item.
3.3.8. The accepted currency in which the amounts can be collected and paid in the case of cash on delivery services is RON.
For services offered against cash on delivery internationally, the cash on delivery will be collected in the national currency of the country of collection/destination or in EUR if so allows the monetary policy of the country of destination.
These conditions, i.e. the maximum accepted limit or the method of collection or payment of the amounts due as cash on delivery service, can be waived only under commercial contracts concluded, in writing, on the basis of negotiated individual offers (supplementary to the public offer).
3.3.9. The deadline for returning to the sender the cash collected on delivery from the addressee is of 5 working days from delivery.
3.3.10. The sender can deposit the postal items at the Sameday Courier headquarters or request the collection from an address he/she indicates, regardless of the type of service requested.
3.3.11. The service charge can be paid either in cash or by bank transfer, at the latest at the time of deposit of the postal item to the SAMEDAY COURIER postal network. There are excepted the postal items covered by postal services offered/provided under a contract for the provision of postal services concluded in addition to the commercial offer, in which case the service charge can be paid, in cash or by bank transfer, based on an invoice issued bimonthly or monthly.
4. Periods of retention/returning postal items.
4.1. Except for the postal items covered by express and special delivery services, if the delivery of a postal item to an addressee (or authorised person) is not possible, Sameday Courier will notify the addressee (by a notice or an SMS) about the attempted delivery of the postal item and will keep, at the contact point, for delivery, the postal item that could not be delivered to the addressee, for a period of 5 working days from the date of notification.
4.2. Postal items not delivered to the addressee due to one of the causes provided by law will be returned to the sender (with prior notice), to the sender’s address, or, if the delivery to his/her address is not possible (e.g. the sender is not at the domicile), the sender will pick up the postal item from the Sameday Courier access/contact point. Postal items are returned according to the sender’s specifications under a handover protocol and will be charged according to the commercial offer. The time limit for returning domestic postal items is 5 working days from the date of expiry of the approved retention period or from the date of the delivery attempt, as the case may be. The time limit for returning international postal items is 7 working days from the date of expiry of the approved retention period or from the date of the delivery attempt.
4.3. Moreover, Sameday Courier can promptly return the postal item without any notice to the addressee and, respectively, without keeping the postal item at his/her disposal. Thus, if the sender requests in writing, at the time of deposit of the postal item, the prompt returning of the postal item, without any notice to the addressee and, respectively, without keeping the postal item at his/her disposal if the delivery to the addressee is not possible, such postal item will be returned according to the sender’s option, within the time limit and according to the procedure set forth in 4.2.
4.4. In the case of the “acknowledgement of receipt” service for domestic postal items, the time limit for returning the proof of receipt (acknowledged in writing by the addressee) is of 5 working days from the delivery.
4.5. The sender can request proof of delivery or deposit of the registered postal item within 9 months from the date of collection by the provider, and it must be transmitted to the sender within 30 calendar days from the request, by a method agreed with the sender or the integrator (e.g. fax, email, on paper, etc.) at no additional costs for the sender.
4.6. In the case of the insured value service, the sender can request proof of the deposit or delivery of the postal item covered by this type of service within 9 months from the date of its deposit, and the proof must be transmitted to the sender within 30 calendar days from the request, by a method agreed with the sender or the integrator (e.g. fax, email, on paper, etc.) at no additional costs for the sender.
4.7. Postal items that cannot be handed over to the addressee or returned to the sender will be kept by Sameday Courier for 9 months from the date of their deposit. After the expiry of this term, such postal items will become the property of Sameday Courier.
4.8 Sameday Courier will hand over to the addressee/person authorised to receive the postal item only against a signature of receipt on the transport note (TN) or on the delivery note. The signing by the addressee/authorised person does not exclude his/her obligation to prove his/her identity through an appropriate document.
5. Guaranteed delivery times.
5.1. In the case of “express” services covering domestic postal items, the guaranteed delivery time is:
5.2. If the delivery times guaranteed for the express service are not observed, for attributable reasons, Sameday Courier will be liable to the user by refunding the charge or will grant the sender another postal item free of charge, as requested by the latter.
5.3. Sameday Courier does not offer or provide the express service for international postal items.
5.4. For the other types of postal services covering domestic postal items, the delivery times will not exceed 3 working days from collection. For international postal items, the delivery term is of 12 working days after collection.
5.5. For non-compliance with the time limits set forth herein (excluding the delivery times related to the express service and the contractually inapplicable cases of special delivery), Sameday Courier will be liable to the user by returning 0.3% of the charge for the service concerned.
6. Liability of the postal service provider.
6.1. Liability.
Sameday Courier is liable for any damage caused in the case of loss, theft, total or partial destruction or damage to the postal item if these circumstances occurred between the time the postal item was deposited at the access point and the time of delivery to the addressee.
6.1.1. For postal services covering domestic postal items, the sender is entitled to compensation, the amount of which is determined as follows:
a) for loss, theft or total destruction:
b) for loss or partial destruction or damage:
c) for postal items covered by the cash on delivery service, the postal service provider is liable for the full cash on delivery value if it fails to return the full amount to the sender, or for the difference up to its full value if the refund was partially collected from the addressee.
6.1.2. At the amounts provided in (6.1.1.) (a) and (b) will be added the legal default interest which accrues from the time of filing the preliminary claim or, as the case may be, the application, whichever occurs first.
6.1.3. A complete loss of the contents is equivalent to the loss of the postal item.
6.1.4. If the sender has insured an amount which is lower than the actual one, the compensation will be equal to the insured amount.
6.1.5. Apart from the compensations provided in (6.1.1.) (a), the charges collected upon the deposit of the postal item will also be also refunded.
6.1.6. For failure to perform the services which are additional characteristics of the postal services, specifically instructed by the sender, only the charges collected in addition to the applicable charge for the standard postal service will be refunded.
6.1.7. For loss of proof of delivery of a postal item covered by the acknowledgment of receipt service, acknowledged in writing by the addressee, the postal service provider must draw up and make available to the sender a duplicate of the proof of delivery.
6.1.8. Sameday Courier is responsible for international postal items in accordance with the provisions in this chapter which apply to domestic postal items.
6.1.9. The sender may waive his/her right to compensation in favour of the addressee.
6.2. Limitation of liability.
6.2.1. Sameday Courier is exempt from liability in the following situations:
a) the damage occurred as a result of the act of the sender or the addressee;
b) the user has not provided a service intended for receiving postal items (e.g. registry office);
c) the item was received without objections by the addressee, with the exception of complaints regarding the loss, theft, damage or total or partial destruction of the contents of the postal item;
d) the damage occurred as a result of a Force Majeure event or of unforeseeable circumstances; in this case, the sender is entitled to be refunded the charges paid, with the exception of the insurance charge.
6.2.2. Sameday Courier will not be liable for and cannot be attributed any special losses (loss of profit, revenue, interest, markets, tenders) or other indirect damages arising out of the delay, loss, destruction, defective delivery or non-delivery of postal items.
6.2.3. Sameday Courier will not be liable for any alteration of the postal item by electromagnetic means or causes (e.g. demagnetization, x-ray scanning during security/customs procedures, etc.).
7. Complaints resolution mechanism.
7.1. Filing a complaint.
7.1.1. Any complaint relating to postal items must be made in writing, by completing a complaint form (Annex 1) and will be sent either through a postal service with acknowledgement of receipt, or will be submitted to the Sameday Courier headquarters, or by email to the address [email protected], receiving a registration number that will be communicated to the complainant in the same way in which it was received or as requested by the complainant in the complaint, e.g. by handing in the registration number if the complaint was filed in person, by filling in and signing the acknowledgement of receipt if the complaint was filed by means of a postal service with acknowledgement of receipt or by communicating the registration number by email to the address from which it was received.
7.1.2. The following are entitled to file a complaint:
7.1.3. The object of the complaint can be:
7.2. Time limits for receiving and handling complaints.
7.2.1. The time limit for filing a prior complaint against the postal service provider – in this case Sameday Courier, is of 6 months, calculated from the date of deposit of the postal item.
7.2.2. The prior complaint can be filed by the sender/addressee or their legal representatives and must be accompanied by relevant evidence for carrying out correct and complete analyses, appropriate for the event complained of (such as, as the case may be, a copy of the transport document, a copy of the document certifying the payment for the postal service, the receipt/invoice issued by the provider, photographs, the packaging of the postal item, the destroyed/damaged postal item, a copy of the report on findings or any other evidence to support the veracity of the statements in the complaint).
In order to resolve the complaint, the complainant user must identify the item, describe in the filed complaint the event (facts, documents and causes) related to the complaint, formulate his/her allegations/claims, the method of payment chosen in the case of compensation and provide the information necessary for the transmission of compensation if the complaint proves to be well-founded, as well as the communication/contact data.
7.2.3. The sender/addressee or their legal representatives will be entitled to compensation only if the complaint is filed within the time limit provided above.
7.2.4. The deadline for resolving the complaint is 3 months from the date of filing.
7.3. Rules on the award of compensation.
In the case of well-founded claims, the compensation is paid within 30 days from the date of completion of the analysis of the complaint, without exceeding, however, the 3-month time limit mentioned above, in cash, at one of the Sameday Courier offices, or by transfer into a bank account, as requested by the entitled user.
8. Transitional and final provisions.
8.1. The secrecy of letters, documents and other postal items is guaranteed by law. All persons involved in the performance of postal services are obliged to ensure the confidentiality of postal items – the retention, opening or disclosure of the content of postal items is permitted only under the conditions and observing the procedure provided by law.
8.2. It is forbidden to violate or disclose the content of correspondence or other postal items, to give information about the users of the postal services or to facilitate and encourage such acts.
8.3. The postal items considered to be corpus delicti, as well as all the values and documents considered to be important in the discovery of crimes and their authors and for finding out the truth can be made available to the criminal investigation bodies or the courts, but only under a written order of the competent magistrate according to the Code of Criminal Procedure.
8.4. In the case of international postal items, both parties will additionally observe the legal provisions on customs, as well as the legislation of the states on the territory of which there are provided operations which are part of the postal services and of those transited by the postal item.
8.5. Postal items belong to the sender until they are delivered to the addressee. Until such time, the sender is entitled to change the address written on them or to stop the delivery of the postal item to the addressee if the sender opted for the change of destination service.
8.6. The senders of postal items are liable to the postal service provider (Sameday Courier) for damages resulting from the hazardous nature of the postal items or their inadequate packaging (defects hidden by packaging), up to the value of the damages and of the amounts paid as compensation to other beneficiaries of the postal services the postal items of which were damaged because of this.
8.7. If a complaint against Sameday Courier, as postal service provider, is not resolved satisfactorily or is not answered within the time limit provided in these general conditions for the provision of postal services, the relevant user may file, within one year from the date of deposit of the postal item, a complaint with the regulatory authority accompanied by proof of completion of the prior complaint procedure or an application. The application can be filed regardless of whether a complaint with the same object has been filed with the regulatory authority or not.
8.8. The provisions of these General Conditions are supplemented accordingly by the provisions of the legislation in force applicable in the field.
The representative of DELIVERY SOLUTIONS S.A.,
Lucian BALTARU