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GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF POSTAL SERVICES

applied by NOVA POSHTA GLOBAL RO S.R.L. on 26.04.2023

1. Applicability

  1. 1
    These general conditions for the provision of postal services define the terms and conditions for the provision of postal services (hereinafter referred to as "Postal Services" and defined in Article 2.1 below) provided by NOVA POSHTA GLOBAL RO S.R.L., a limited liability company organised and operating in accordance with Romanian law, with registered office in Bucharest, Sector 3, Strada Burniței nr. 24, Office A74, Floor 1, registered at the Trade Registry Office of the Bucharest Court under no. J40/18831/2022, with European Unique Identifier (EUID) ROONRC.J40/18831/2022 and unique registration code RO 46883384 (hereinafter referred to as the "Company").
  2. 2
    The Company offers and provides Postal Services in accordance with the applicable legislation in the field of postal services.

2. Definitions

For the purposes of these General Conditions, the following definitions shall apply:

  • 1
    Address - the physical address of the place of delivery (including delivery to the mailbox, where applicable) of a Postal Item chosen by the Sender or the physical address of the place of return to the Sender;
  • 2
    Addressee - the person to whom the Postal Item is addressed; Working days - regular days from Monday to Friday, excluding Saturdays, Sundays and public holidays in Romania;
  • 3
    Postal Service Tariff - the tariff charged by the Company for providing the postal service; Sender - the natural or legal person who initiates the Postal Item and, personally or through a third party, enters it into the Postal Network;
  • 4
    Integrator - any natural or legal person acting on a contractual basis as an intermediary between one or more Senders and the Company, whose activity consists, in whole or in part, in generating and processing Postal Items and introducing them into the Company's Postal Network for delivery to the Address indicated by the Sender; these services provided by the Integrator are not Postal Services;
  • 5
    Access Points - the physical facilities, including parcel lockers, available to the public, through which Postal Items can be entered into the Postal Network;
  • 6
    GEO 13/2013 - Government Emergency Ordinance No 13/2013 on postal services, approved, with amendments and additions, by Law No 187/2013, with subsequent amendments and additions;
  • 7
    Decision 313/2017 - Decision of the President of ANCOM No 313/2017 on the general authorisation regime for the provision of postal services;
  • 8
    Paper Money Order Service - Postal Service whose particularity consists in filling in a physical form on the basis of which, according to the instructions of the Sender, a transfer and remittance of a sum of money is executed, without any deduction, to the Recipient;
  • 9
    Postal Item - addressed good in final form in which it is to be carried and delivered to the address indicated by the sender on the item itself, on the packaging or on a mailing list. In addition to items of correspondence, this category includes, for example, printed matter, "M" bags, small packages, postal parcels containing goods with or without commercial value and paper money orders. This category does not include hybrid items;
  • 10
    General Conditions - these General Conditions for the provision of Postal Services drawn up by the Company, which have the minimum content set out in clause 3.14. of the General Authorisation Scheme for the provision of postal services, contained in Annex No. 1 of Decision 313/2017, and which form an integral part, together with the tariffs for the services and, where applicable, the commercial names of the services, additional features, etc., of the commercial offer of postal services of the supplier, representing the general terms of the contract that the supplier will conclude with the sender;
  • 11
    The company - Nova Poshta Global RO S.R.L., as defined in Article 1.1. above;
  • 12
    Website - the Company's website, through which the Company will offer the Postal Services;
  • 13
    Mobile App - the official mobile application of the Company as to be launched by the Company for the purpose of providing Postal Services;
  • 14
    Postal Services - services consisting of the collection, sorting, transport and delivery of Postal Items;
  • 15
    Postal Network - the system of organization and resources of any kind used by the Company, primarily for:
    • 15.1
      collecting Postal Items;
    • 15.2
      transporting and handling Postal Items from Access Points to distribution centres;
    • 15.3
      delivering Postal Items to the specified Addresses;
  • 16
    Points of Contact - all physical facilities through which Postal Items can be delivered to Recipients;
  • 17
    Registered Mail Service - A postal service whose special features are the provision of a flat-rate guarantee against the risks of loss, theft, total or partial destruction or damage of the registered Mail Item and the issue, on request, after the deposit or delivery of the Mail Item, of proof of deposit of the Mail Item or delivery to the addressee without written confirmation by the addressee;
  • 18
    Declared Value Mail Service - A postal service the particularity of which is to insure a registered Mail Item against loss, theft, total or partial destruction or damage, for an amount not exceeding the value declared by the Sender, and to issue, upon request, after the deposit or delivery of the Mail Item, a proof of deposit of the Mail Item or delivery to the Consignee, without written confirmation by the Consignee;
  • 19
    COD Service - Postal Service whose particularity consists in the payment by the Consignee to the Sender, through the Postal Network, of the value of the good that is the subject of the Registered Mail Remittance;
  • 20
    Acknowledgement of Receipt Service - Postal Service whose particularity consists in the delivery to the Sender of the proof of delivery of the Registered Mail Item, confirmed in writing by the Recipient;
  • 21
    Change of Destination Service - Postal Service for Registered Mail Items, the special feature of which is the possibility of changing the Recipient or the Delivery Address prior to delivery of the Mail Item, at the express request of the Sender, communicated to the Supplier within a period agreed in advance with the Supplier, and the possibility of stopping delivery of the Mail Item;
  • 22
    Special Delivery Service - Postal Service for Registered Postal Items, the particularity of which consists in delivering the Postal Item personally to the Addressee or to the person authorized to receive the Postal Item, according to the instructions of the Sender concerning either the date and time of delivery to the indicated Address or the order of delivery in the case of several Addressees;
  • 23
    Express Service - Postal Service which implies, cumulatively:
    • 23.1
      the issue by the supplier to the Sender of a document enabling the supplier to identify the Mailpiece internally in the Postal Network and certifying the date, time and minute of deposit and, as a rule, payment of the tariff;
    • 23.2
      delivery of the Postal Item to the addressee's address, personally to the addressee or to the person authorised to receive the Postal Item;
    • 23.3
      prompt delivery of the Postal Item;
    • 23.4
      the supplier's liability for failure to comply with the delivery times laid down in these General Conditions for the Provision of Postal Services;
  • 24
    Mail Advertising Service - Postal Service that is for a minimum of 500 domestic or international mail items deposited at the same access point at the same time, to be carried and delivered to the address indicated by the sender on the item itself or on its packaging, consisting exclusively of advertising, marketing or publicity materials, containing identical messages, except for the name, address and identification number of the recipient, and other changes that do not alter the nature of the message. Receipts, invoices, financial statements and other messages with a different content, as well as postal items containing, in addition to postal advertising, other items in the same package, do not constitute direct mail.
  • 25
    Standard Postal Service - a service whereby the supplier takes delivery of the Postal Item and delivers it to the addressee's address within a certain time and for a fee.

3. Postal Services provided by the Company

  1. 1
    The company provides the following types of Postal Services:
    • 1.1
      Services consisting of the collection, sorting, transport and delivery of domestic and international postal items weighing up to 2 kg (inclusive) (letter items, printed matter);
    • 1.2
      Services consisting of the collection, sorting, transport and delivery of domestic and international parcels;
    • 1.3
      Services consisting of the collection, sorting, transport and delivery of domestic and international postal parcels weighing up to 10 kg (inclusive);
    • 1.4
      Services consisting of the delivery of international postal parcels with weight limits between 10 kg and 20 kg (inclusive) sent from outside the territory of Romania to an address on its territory;
    • 1.5
      Registered mail service for domestic and international postal items weighing up to 2 kg (inclusive) (letter items, printed);
    • 1.6
      Declared Value Mail Service for domestic and international postal items weighing up to 2 kg (inclusive) (mail items, printed matter) or domestic and international postal parcels weighing up to 10 kg (inclusive), respectively international postal parcels with weight limits between 10 kg and 20 kg (inclusive) sent from outside the territory of Romania to an address on its territory;
    • 1.7
      Services consisting of the collection, sorting, transport and delivery of domestic and international postal items weighing more than 2 kg (mail items, printed matter);
    • 1.8
      Mail Advertising Services for domestic and international mailings;
    • 1.9
      Services consisting of the collection, sorting, transport and delivery of domestic mail parcels with weight limits between 10 kg and 31,5 kg (inclusive);
    • 1.10
      Services consisting of the collection, sorting and transport of international postal parcels with weight limits between 10 kg and 31.5 kg (inclusive) sent from the territory of Romania to an address outside its territory;
    • 1.11
      Services consisting of the delivery of international postal parcels with weight limits between 20 kg and 31.5 kg (inclusive) sent from outside the territory of Romania to an address within its territory;
    • 1.12
      Service against Refunds;
    • 1.13
      Destination Change Service;
    • 1.14
      Special Delivery Service;
    • 1.15
      Acknowledgement Service;
    • 1.16
      Express Service;
    • 1.17
      Domestic and International Paper Money Order Service.
  2. 2
    All Postal Services referred to in Article 3.1. above may be provided directly by the Company and/or by one or more authorised subcontractors of the Company.
  3. 3
    The company offers a standard service consisting of the collection, sorting, transport and delivery of postal items in Romania and internationally in the following variants:
    • 3.1
      to any receptacle (mailbox at the Recipient's Address, mailbox, automated delivery system, post-box, etc.) in which the Recipient agrees to receive Postal Items. 
    • 3.2
      At the Address indicated by the Sender, personally to the Consignee or to the person authorized to receive the Postal Item. 
    • 3.3
      At the Point of Contact served by the staff, personally to the Recipient or to the person authorized to receive the Mail Item, after prior transmission of a notice announcing the arrival of the Mail Item.
  4. 4
    By way of exception to the provisions of Article 3.3, the delivery of the Mail Item subject to the Acknowledgement of Receipt Service shall be carried out only in one of the following ways:
    • 4.1
      at the Address indicated by the Sender, personally to the Recipient or to the person authorised to receive the Postal Item;
    • 4.2
      at the Point of Contact served by staff, personally to the Recipient or to the person authorised to receive the Mail Item, after prior transmission of a notice announcing the arrival of the Mail Item.
  5. 5
    By way of exception to the provisions of Article 3.3, the delivery of the Postal Item subject to the COD Service shall be carried out only in one of the following ways:
    • 5.1
      at the Address indicated by the Sender, personally to the Recipient or to the person authorised to receive the Postal Item;
    • 5.2
      at the Point of Contact served by staff, personally to the Recipient or to the person authorised to receive the Mail Item, after prior transmission of a notice announcing the arrival of the Mail Item;
    • 5.3
      to any automated delivery system to which the Recipient agrees to receive the good which is the subject of the Service against Reimbursement and which allows the Recipient to pay for it.
  6. 6
    By way of exception to the provisions of Article 3.3, the delivery of the sum of money covered by the Paper Money Order Service shall be made only in one of the following ways:
    • 6.1
      at the Address indicated by the Consignor, personally to the Consignee;
    • 6.2
      personally to the Recipient at the Point of Contact served by the staff, after prior transmission of a notice announcing the arrival of the Postal Money Order;
    • 6.3
      to the bank account of the Consignee indicated by the Consignor on the standard form.
  7. 7
    Delivery of the Postal Item subject to the Express Service or the Special Delivery Service is made to the Address indicated by the Sender, personally to the Recipient or to the person authorised to receive the Postal Item.

4. Terms and conditions

  1. 1
    The individual contract shall be deemed to have been concluded between the Sender or Integrator and the Company in these General Conditions at the time of acceptance of the Mail Delivery in the Postal Network, without the need to draw up a document.
  2. 2
    In the case of the Collect Mail Service, the Collect Mail Service, the Collect Mail Service, the Change of Destination Service, the Special Delivery Service and the Express Service, the Company will issue, including by electronic means, at the time of acceptance of the Mail Item, a document certifying the service chosen by the Sender or Integrator.
  3. 3
    Postal Services are provided by the Company directly and/or through one or more of the Company's authorized subcontractors.
  4. 4
    The company provides Postal Services in accordance with the applicable legislation in this field. In the case of international Postal Items, both parties shall additionally comply with the legal provisions applicable in the field of customs, as well as with the legislation of the countries on whose territory the postal services are provided and those transited by the Postal Item.

5. Conditions for accepting Postal Items

  1. 1
    Packaging and labelling conditions
    • 1.1
      The Sender/Integrator must properly package the Mail Item, ensuring the safety of the Postal Service and the intact delivery of the contents of the Mail Item. 
    • 1.2
      The packaging and labelling of Postal Items must comply with the following rules:
      • 1.2.1
        the packaging of the Postal Item must be adequate and of such quality as to ensure the stability and integrity of the Postal Item during collection, sorting, transport and delivery; the packaging must correspond to the weight, shape and nature of the contents and to the mode and duration of transport and protect the contents in such a way that they cannot be damaged by pressure or successive handling, and may, where appropriate, be made of cardboard boxes, plywood, wood, plastic, metal or suitable unprinted packaging;
      • 1.2.2
        packaging must be adequate to prevent damage to other Mail Items and/or causing accidents or significant damage to persons handling Mail Items, the environment, the facilities used or other Mail Items;
      • 1.2.3
        the packaging must not be transparent; 
      • 1.2.4
        Postal items containing fragile goods must be properly packed by the sender, using bubble wrap, air cushions, separators, foam sheets, shrink-wrap, polystyrene or other mechanical shock-absorbing material as a filler. In addition, the outside must be marked 'Fragile' and, where appropriate, with handling labels (orientation arrows). The strength and durability of the packaging chosen in accordance with the contents should also be taken into account (e.g. flat fragile items should have protective dividers, computer disks should be protected with special bubble materials, sharp edges of goods should be protected with supporting material, well secured; valuable goods should be protected with at least double cardboard packaging; for wooden boxes the corners should be checked/secured and the lid should be sealed, etc.). The Company undertakes to recognise and respect the markings/labels affixed by the sender and to take special care in handling and storing the Postal Items concerned.
      • 1.2.5
        the markings placed on the packaging of the Postal Item must not cover the Delivery Address and may not contain content prohibited by law.
  2. 2
    Conditions for returning the Postal Item to the Sender or Integrator
    • 2.1
      The Mail Item will be returned to the Sender/Integrator after the expiry of the retention periods referred to in Article 5.16. below in the following circumstances:
      • 2.1.1
        The addressee's address does not exist or there is no building or receptacle at the indicated address to which the Postal Item can be delivered or a service available to receive the Postal Item;
      • 2.1.2
        The addressee or the person authorised to receive the Postal Item has not been found at the address indicated, after the expiry, where applicable, of the time limit for keeping it for delivery;
      • 2.1.3
        The addressee or the person authorized to receive the Postal Item has refused, as the case may be, to receive the Postal Item or the sum of money which is the subject of the Paper Money Order Service, to sign the standard form provided by the Company, as provided by law, on the basis of which the delivery of the sum of money is carried out, or to confirm in writing the receipt of the Postal Item in the case of the Acknowledgement of Receipt Service or to pay the value of the good which is the subject of the Cash on Delivery Service.
    • 2.2
      The Company will return the Mail Item at the Shipper's expense (at the rates indicated in the commercial offer), following notification to this effect by the Shipper, as the case may be, at the Shipper's Address, or at the Access Point served by the staff. Mail Items shall be returned on the basis of a delivery-receipt slip signed by the Sender within 5 Working Days of the expiry of the retention period or the date of attempted delivery for domestic Mail Items, or within 7 Working Days for international Mail Items.
    • 2.3
      The retention period for Postal Items that could not be delivered to either the Consignee or the Sender is nine 9 months from the date of deposit. If, within this period, neither the Sender nor the Recipient claims the Postal Item, it shall
  3. 3
    Postal items refused for collection
    • 3.1
      The following mailings are refused for collection by the company:
      • 3.1.1
        Postal consignments consisting of goods the carriage of which is prohibited by law, even if only for a part of the journey;
      • 3.1.2
        Postal Items whose packaging bears inscriptions contrary to public policy or morality, and Postal Items consisting of goods contrary to public policy or morality, if they are deposited unpackaged or in transparent packaging;
      • 3.1.3
        Postal items with old labels or inscriptions not removed;
      • 3.1.4
        Postal items containing cash, including foreign currency, (excluding the Paper Money Order Service), securities, payment cards and other means of payment;
      • 3.1.5
        firearms, pneumatic weapons and parts thereof, ammunition, blank weapons, goods imitating firearms and blank weapons, other goods specially designed for attack and defence (pistols, needle guns, liquid stun sprays, daggers, etc.);
      • 3.1.6
        jewellery, works of art, antiques and other goods of special value;
      • 3.1.7
        substances such as: Hydrogen peroxide, acids, high-octane oxygen-containing pollutants (chemical compounds added to gasoline), and liquids and substances in packaging that are found to contain hazardous substances, such as flammable substances, flammable and explosive substances, radioactive substances, and other dangerous goods with appropriate labels ("explosive materials and substances, "gases", "flammable liquids", "self-igniting substances", "toxic and infectious substances", "oxidising substances", "radioactive substances", "caustic and corrosive substances", "other dangerous substances and products"), carcinogenic substances and any substances that may endanger human life or health;
      • 3.1.8
        liquid or gas cylinders, including all types of fire extinguishers (except empty cylinders without valves);
      • 3.1.9
        containers with liquid, without manufacturer's labels (stickers) with information about the substance name, properties and storage conditions, with signs of damage, signs of leakage, unpleasant smell; if the liquid has chemical properties, a corresponding marking is required;
      • 3.1.10
        fluorescent lamps and other goods containing mercury or asbestos and goods made from them (pipes, slate, etc.);
      • 3.1.11
        used batteries, including those for cars, motorcycles, agricultural machinery. animals, insects, animal remains, untreated hides, human ashes or remains, human and animal organs, body tissues and fluids and other biologically active objects,
      • 3.1.12
        plants vii;
      • 3.1.13
        tobacco, electronic cigarettes and their parts; foods that require special temperature conditions or have a shelf life of up to 5 days (the expiry date is indicated on the packaging), chilled or frozen foods, dairy products, vegetables and fruit.
      • 3.1.14
        medicines and hygiene goods requiring special storage and transport conditions, ethyl alcohol, veterinary immunobiological products;
      • 3.1.15
        narcotic drugs, narcotic substances, cannabis substances, psychotropic and psychoactive substances and similar substances, in particular those subject to special control under the legislation in force;
      • 3.1.16
        goods that give off odours and flavours, that are dirty and that may harm other goods or human or animal health (including cooked food, heavily contaminated parts, objects in oil or other corrosive substances, live bacteria and viruses, toxic substances);
      • 3.1.17
        any other goods prohibited by the legislation in force, even for part of the delivery route.
    • 3.2
      The Company will refuse the Postal Items referred to in 5.3.1. above.
    • 3.3
      The sender has the obligation not to introduce into the postal network Postal Items containing items prohibited by legal provisions, even if only for part of the route. The Sender shall be liable for any damage that may be caused to the Company as a result of the introduction into the postal network of goods (products, materials or valuables) prohibited by law or those mentioned in point 5.3.1. above.
  4. 4
    Maximum permitted repayment limit

    In the case of the Send Against Refund Service, the maximum refund limit allowed by the Company is 5 000 RON (or the equivalent in EURO).
  5. 5
    Maximum permitted postal order limit

    In the case of the Paper Money Order Service, the maximum limit of the money order allowed by the Company is 5 000 RON (or the equivalent in EURO).
  6. 6
    Maximum limit of the declared value

    In the case of the Declared Value Remittance Service, the maximum declared value limit allowed by the Company is 5 000 RON (or the equivalent in EURO).
  7. 7
    Paper Money Order Service - conditions and accepted currency

    The accepted currency in which money is collected and paid to the addressees, in the case of the Postal Money Order Service, is RON, EURO or another currency agreed with the sender. The maximum amount accepted by the supplier is 5 000 RON (or the equivalent in EURO). The method of collection and payment of the postal order is in cash or by bank transfer.
  8. 8
    Cash on delivery service - conditions and currency allowed

    The accepted currency in which money is collected from the recipients and paid to the senders in the case of the Cash on Delivery Service is RON, EURO or another currency agreed with the sender. The maximum amount accepted by the supplier is 5000 RON (or the equivalent in EURO). The method of collection and payment of the reimbursement is in cash or by bank transfer. The time limit for returning the value of the Postal Items to the Sender (the amounts collected from the Recipient) is 3 working days after delivery in the case of domestic Postal Items and 5 working days in the case of international Postal Items.
  9. 9
    Kind of Postal Items

    The subject matter of all Postal Services provided by the Company referred to in Article 3 above may consist of both Domestic Mail Items and International Mail Items, with the exception of the Acknowledgement of Receipt Service, in which case the subject matter of Postal Services provided by the Company consists only of Domestic Mail Items.
  10. 10
    Size and weight of postal items

    The maximum sizes and weights accepted by the Company in respect of Postal Items are as follows:
    1. 10.1
      the maximum dimensions of Mail Items must not exceed 2 metres for the largest dimension or 3 metres for length, height and width combined
    2. 10.2
      the maximum weight of Postal Items must not exceed 31.5 kilograms.

      By exception to (1), Mail Items to be collected by the Company from the Address indicated by the Sender may not exceed a maximum length of 120 cm and the sum of the dimensions may not exceed 150 cm. As an exception to (1) and (2), in the case of postal items collected by automatic collection systems, the maximum weight of postal items shall be 30 kg and their dimensions shall not exceed 40*30*60 cm.
  11. 11
    Filing of Postal Items
    • 11.1
      Postal Items may be deposited at the Supplier's Access Points or collected by the Company from the Shipper's Address.
    • 11.2
      In the case of the Paper Money Order Service, the deposit of the sum of money shall be made on the basis of the form (made available by the Company) duly completed by the Sender and on the basis of which the Company shall execute, according to the Sender's instructions, the transmission and remittance of the sum of money, without any deduction, to the Recipient.
  12. 12
    Completion of identification data and address of the Consignor or Consignee
    • 12.1
      In order to provide the Postal Services, when ordering them, the Sender shall communicate to the Company the identification data of the Sender (name and surname / name in case of legal entities, i.e. full collection/delivery address (where applicable), contact mobile phone number, e-mail address).
    • 12.2
      In order to provide the Postal Services, when ordering them, the Sender shall communicate to the Company the identification data of the Recipient (name and surname / name in case of legal entities, respectively full collection/delivery address (where applicable), which must also be clearly placed on the packaging of the Postal Item.
  13. 13
    Number of Postal Items

    The Company does not impose a minimum or maximum number of Mail Items that may be the subject of the Postal Service, except for the Mail Advertising Service, which may be the subject of a minimum number of 500 domestic or international Mail Items deposited at the same time at a staffed Access Point.
  14. 14
    Proof of the identity/person representing the Sender of the person depositing the Mail Item at the staffed Access Point

    The identity and capacity of the person who submits the Mail Item at the Access Point served by the staff as representative of the Sender shall be established by presenting the identity document of the person concerned, in the case of natural persons, respectively the identity document and the power of attorney issued by the Sender to that person for the submission of the Mail Item.
  15. 15
    Payment methods for the Postal Service tariff

    Postal Service rates are payable:
    • 15.1
      in cash;
    • 15.2
      by bank card.
  16. 16
    Retention Period for Postal Items
    • 16.1
      With the exception of Express Mail and Special Delivery Services, if the Postal Item cannot be delivered to the Recipient, the Recipient shall be notified of the arrival of the Postal Item and the time limit for the Company to keep (store) the Postal Item at the staffed Contact Point for delivery to the Recipient shall be 5 (five) days from the date of notification of the Recipient.
    • 16.2
      The retention period for Postal Items that could not be delivered to either the Consignee or the Sender is nine 9 months from the date of deposit. If, within this period, neither the Sender nor the Recipient claims the Postal Item, it shall be declared abandoned and shall become the property of the Company.
  17. 17
    Methods of collecting Postal Items
    • 17.1
      The collection of Mail Items shall be carried out only through unstaffed Access Points (mailbox, automatic collection system, etc.) or by Company staff at staffed Access Points or at the Address indicated by the Sender.
    • 17.2
      The Company will collect the Registered or Unregistered Mail Item, even if it does not have the Sender's name/name or address indicated.
    • 17.3
      As an exception to the provisions of Article 5.17.2. above, in the case of the Postal Item subject to the Paper Money Order Service or the COD Service, the Company is obliged to collect the Postal Item only if the Sender has correctly and completely indicated all identification data.
  18. 18
    Detailed conditions for the collection of Mail Items via staffed Access Points

    If the Sender is also the payer of the Postal Services, and the form of payment chosen by the Sender is cash, the Sender must be within the working hours of the Access Point staffed to deliver the Postal Item to the Access Point. In the case of Postal Services ordered other than at staffed Access Points, payment of the Postal Services Tariff must be made in advance by bank card, unless the Consignee is the payer of the Postal Services, in which case the Consignee may pay the Tariff in cash upon delivery of the Postal Item.
  19. 19
    Detailed conditions for the delivery of Postal Items to a staffed Contact Point

    The addressee, i.e. the person authorised to receive the Postal Item, must confirm his/her identity to the Company's representative by presenting a valid identity document and, where applicable, proof that he/she is an authorised person. In addition, in order to deliver the Postal Item via a staffed Point of Contact, the Recipient shall indicate the number of the Postal Item (if applicable) or the mobile phone number to which the SMS notification of the possibility of receiving/collecting the Postal Item was sent.
  20. 20
    Detailed rules for delivery of Postal Items to the Recipient's Address
    • 20.1
      In the event of delivery of the Postal Item to the Addressee's address, the Addressee will receive an SMS message on the telephone number specified by the Sender regarding the scheduled date of delivery of the Postal Item. 
    • 20.2
      If delivery to the Recipient's Address has been opted for, in the absence of the Recipient or a person authorised to receive the Postal Item (e.g. an adult family member), the Recipient will be notified and the Postal Item will be held by the Company at the staffed Contact Point where it can be collected by the Recipient or authorised person within 5 days of the date of notification of the Recipient of the arrival of the Postal Item. To the extent that the addressee does not pick up the Postal Item within this period, it shall be returned to the Sender in accordance with the terms and conditions mentioned above. 
    • 20.3
      Delivery of the Postal Item is made to the Recipient's Address indicated by the Sender. 
    • 20.4
      The Company is not obliged to verify the identity of the person who receives the Postal Item at the Recipient's Address. The person who receives the Postal Item at the Addressee's Address shall be deemed to have the right to receive it, and the Company assumes full responsibility for the fact that the Postal Item has been delivered to the addressee or, where applicable, to the person authorised to receive the Postal Item. The burden of proof shall lie with the supplier.
    • 20.5
      In the case of the Acknowledgement of Receipt Service, a refusal to acknowledge receipt of the Mail Item in writing by the addressee or authorized person using the form provided by the Company shall be deemed to be a refusal to accept the Mail Item.
  21. 21
    Detailed conditions for collections and deliveries via automated collection systems
    • 21.1
      The delivery of the Postal Items through automated collection systems is only possible on the basis of a Postal Item delivery note via the Company's Mobile App.
    • 21.2
      The list of locations where the Post Office Delivery Service will be available via automated collection systems will be available on the Company's Website.
  22. 22
    Customs Taxes
    • 22.1
      Parcels imported into Romania with a declared value of more than 45 euros will be subject to customs declaration.
    • 22.2
      Import duties applicable to goods sold, imported into the EU market and therefore also imported from outside the EU.
    • 22.3
      Import customs duties are borne and paid by the consignee upon receipt of the parcel, the goods at the address.
    • 22.4
      In the absence of documents in the customs declaration process, the recipient will be contacted as appropriate, to present additional documents to the customs inspectors.

6. Quality conditions

Delivery times

  1. 1
    In the case of all Postal Services listed in Article 3 above for Domestic Mail Items (with the exception of the Express Service and the Special Delivery Service), delivery times will not exceed 3 (three) working days from collection. 
  2. 2
    In the case of all Postal Services listed in Article 3 above, the subject matter of which is International Mail Items (with the exception of Express and Special Delivery services, as well as the Acknowledgement of Receipt service, where the subject matter of the Postal Services provided by the Company may only consist of Domestic Mail Items), delivery times shall not exceed five (5) working days from collection. 
  3. 3
    The time limit for the return to the Sender or Integrator of the value of the goods which are the subject of the COD Mail Items is 3 (three) working days after delivery in the case of domestic Mail Items and 5 (five) working days after delivery in the case of international Mail Items. 
  4. 4
    The time limit for returning to the Sender or Integrator the evidence confirmed in writing by the Recipient or the authorized person, regarding the delivery of the Domestic Mail Item subject to the Acknowledgement of Receipt Service is 3 working days after the delivery of the Mail Item. The Company does not provide the Acknowledgement of Receipt Service for International Mail Items. 
  5. 5
    The time limit within which the Sender or Integrator may request proof of deposit or delivery to the addressee of the Mail Item (whether domestic or international) which is the subject of the Registered Mail Service is 9 months from the date of collection by the Company of that Mail Item. The requested proof shall be provided to the Sender/Integrator within 3 Working Days of the request, by means of communication agreed between the Company and the Sender (such as e-mail, paper address, etc.), which shall not involve any costs for the Sender. 
  6. 6
    The time limit within which the Sender or Integrator may request proof of deposit or delivery to the addressee of the Mail Item (whether domestic or international) subject to the Declared Value Service is 9 months from the date of collection by the Company of that Mail Item. The requested proof shall be provided to the Sender/Integrator within 3 Working Days of the request, by means of communication agreed between the Company and the Sender (such as e-mail, paper address, etc.), which shall not involve any costs for the Sender.
  7. 7
    In the case of Express Postal Services, the Company will comply with the following delivery deadlines as set by applicable law:
    • 7.1
      in the case of domestic Postal Items within the same locality in Romania, delivery times will not exceed 12 hours;
    • 7.2
      in the case of Postal Items between two localities in the same county of Romania (intra-county) and Postal Items between county seats, delivery times will not exceed 24 hours;
    • 7.3
      in the case of Postal Deliveries between any other two locations on the territory of Romania, delivery times will not exceed 36 hours;
    • 7.4
      in the case of International Postal Items collected from the territory of Romania, the periods of time during which the Postal Items are on the territory of Romania shall not exceed the times referred to in (i), (ii) or (iii) above, as applicable;
    • 7.5
      in the case of International Postal Items collected from the territory of Romania and to be delivered to a Recipient located in one of the Member States of the European Union or the European Economic Area, the guaranteed times for the period during which the Postal Item is outside the territory of Romania shall not exceed 168 hours;
    • 7.6
      In the case of International Postal Items collected from the territory of Romania and to be delivered to a recipient in a country outside the European Union or the European Economic Area, the time during which the postal item is outside the territory of Romania is a maximum of 240 hours.
  8. 8
    The Company is obliged to comply with the delivery times established in accordance with the provisions of Article 6.1.7. above.
  9. 9
    If the Company exceeds the delivery times referred to in Article 6.1.7. above, the Company will refund the difference between the price charged and the price that would have been charged for standard postal services, as well as an additional 0.5% of the price for every 12 hours of delay.

7. Corporate Liability. Damages. Improper performance or non-performance of Postal Services

  1. 1
    The Company's liability for Postal Services in case of theft, loss, damage and destruction is governed by applicable Romanian law. The liability of the Postal Services Company is as follows:
    • 1.1
      In case of loss, theft or total destruction, the Company shall be liable as follows: 
      • 1.1.1
        for the full declared value for a Mail Item that is subject to a Declared Value Mail Service, including whether or not that Mail Item is subject to a COD Service; 
      • 1.1.2
        with the value of the refund, for a Postal Item that is subject to a Cash on Delivery Service with no declared value; 
      • 1.1.3
        an amount equal to 5 times the Service Fee, for Mail Items that are not subject to a Declared Value Service or a Cash on Delivery Service.
    • 1.2
      In case of loss, partial destruction or damage, the Company shall be liable as follows: 
      • 1.2.1
        with the declared value for the missing, destroyed or damaged part or the part corresponding to the missing weight of the declared value, for Postal Items subject to a Declared Value Mailing Service;
      • 1.2.2
        an amount equal to 5 times the Service Fee in the event of partial loss, partial destruction or damage of Mail Items not subject to a Declared Value Service.
    • 1.3
      In the case of a Remittance which is subject to a Refund Service, the Company shall be liable for the full amount of the refund if it has not refunded the full amount of the refund to the Sender or for the corresponding difference up to the full amount of the refund if the refund has been partially collected from the Recipient.
    • 1.4
      To the amounts referred to in Articles 7.1.1. and 7.1.2. above shall be added the statutory penalty interest calculated from the time when the preliminary complaint is lodged or, as the case may be, the claim is brought, whichever is the earlier.
    • 1.5
      In addition to the amounts referred to in Article 7.1.1., the charges collected on submission of the Postal Order shall also be refunded.
    • 1.6
      In the case of Paper Money Order Services, the Company is liable for the entire amount deposited at the Access Point.
    • 1.7
      The complete loss of content is equivalent to the loss of the Postmark.
    • 1.8
      If the Consignor has declared a lower value than the actual value, the compensation is at the declared value.
    • 1.9
      In the event of loss of proof of delivery of the Registered Mail Item, confirmed in writing by the Consignee, the Company is obliged to prepare and make available to the Sender a duplicate of the proof of delivery.
    • 1.10
      The company is not liable for consequential damages. The Company is not liable for any alterations to the Postal Item by electromagnetic means or causes (e.g. demagnetisation, X-ray scanning in security/damage procedures, etc.).
  2. 2
    The company is exempt from liability in the following situations:
    • 2.1
      the damage was caused by the act of the Consignor or the Consignee;
    • 2.2
      the user does not have a service provided for receiving Postal Deliveries (e.g., a registrar);
    • 2.3
      The Postal Item has been received without objection by the Recipient, with the exception of claims relating to loss, theft, damage or total or partial destruction of the contents of the Postal Item;
    • 2.4
      the damage was caused by force majeure or fortuitous event; in this case, the Consignor shall be entitled to a refund of the charges paid, except for the insurance charge.
  3. 3
    The Consignor may waive his right to compensation in favour of the Consignee.
  4. 4
    If the Company exceeds the delivery times referred to in Article 6.1.7. above, the Company will refund the difference between the price charged and the price that would have been charged for standard postal services, as well as an additional 0.5% of the price for every 12 hours of delay.
  5. 5
    The Company shall be liable for International Mail Items in accordance with the liability provisions applicable to Domestic Mail Items referred to in point 7.1.

8. Complaints

  1. 1
    In case of loss, theft, partial or total destruction or damage of the Postal Item, as well as in case of non-performance or improper performance of the Postal Services, both the Sender and the Recipient may lodge a complaint. 
  2. 2
    The Sender or Recipient (hereinafter referred to in this chapter as the "Complainant") may submit a complaint (hereinafter referred to as the "Complaint") in one of the following ways: electronically at the following e-mail address support_ro@novapost.com, at any of the Access Points served by Company staff, by telephone on +40 373 785 207, in the dedicated section of the Website or via the Mobile Application. 
  3. 3
    Complaints may be made no later than 6 months after the date on which the Postal Item was collected by the Company from the Sender. 
  4. 4
    Once a Complaint has been received, the Company shall acknowledge receipt to the Complainant as follows:
    • 4.1
      in the case of complaints lodged at staffed Access Points, by handing in the complaint registration note with the complaint number at the time the complaint is lodged;
    • 4.2
       in the case of complaints submitted by e-mail, by telephone, the dedicated section of the Website or via the Mobile Application, by e-mail/post to the e-mail address/address communicated by the Complainant, as requested by the Complainant in the e-mail or by telephone, respectively as requested by the Complainant so ticked in the dedicated section of the Website or in the Mobile Application, within 3 Working Days of receipt of the Complaint.
  5. 5
    The complaint must contain:
    • 5.1
      the full name of the applicant;
    • 5.2
      the subject of the complaint;
    • 5.3
      the address to which the Postal Item was to be delivered; the number of the transport document relating to the postal consignment, if known;
    • 5.4
      the relevant details of the Complaint, as appropriate; the e-mail address to which the Complainant wishes to receive confirmation of receipt of the Complaint, if the Complainant opts for this method of confirmation;
    • 5.5
      the postal address to which the Complainant wishes to receive confirmation of receipt of the Complaint, if the Complainant opts for this method of confirmation;
    • 5.6
      the bank account to which the Claimant wishes to receive compensation in the event of a favourable settlement of the Claim, if the Claimant wishes to pay compensation by this method;
    • 5.7
      the postal address or staffed fixed access/contact point at which the Claimant wishes to receive compensation in the event of a favourable outcome of the Claim, if the Claimant wishes to receive compensation in cash
    • 5.8
      Complainant's signature - if the complaint is submitted in writing;
    • 5.9
      date of Complaint - if the complaint is submitted in writing; evidence relating to the subject matter of the Complaint (e.g. document confirming the dispatch of the Postal Dispatch, if such a document is issued by the Company, copy of invoice or proof of payment of Postal Services, receipt/payment order, damage report, packaging, contents, if applicable, evidence deemed relevant by the complainant, etc.).
  6. 6
    If the Complaint does not comply with the requirements set out in these General Conditions or if it is considered that additional evidence/information is required, the Company shall notify the Complainant to remedy the deficiencies of the Complaint within 30 days from the date of notification.
  7. 7
    The Company shall immediately investigate the Complaint and respond to the Complaint no later than 3 months from the date of receipt of the Complaint, including where the scenario set out in Article 8.6 above applies.
  8. 8
    If the Complaint is considered justified, the payment of the compensation will be made, as requested by the Complainant, by transfer to the bank account or, in cash, to the indicated postal address or to the Access Point / Fixed Contact Point served by the staff indicated by the Complainant. In any event, in the case of justified Complaints, the Company will grant compensation without any express request from the Complainant.
  9. 9
    If the Complaint is found to be well-founded, the Company shall pay the compensation within a maximum of 30 (thirty) days from the date of favourable completion of the analysis of the Complaint, without exceeding the period of 3 (three) months provided for in Article 8.7. above, by transferring it to the bank account indicated or by cash payment according to the dates indicated by the Complainant.
  10. 10
    If the Claim is found to be justified, compensation shall be awarded in accordance with the amounts referred to in Article 7 above, as appropriate.
  11. 11
    If the Complainant is not satisfied with the solution provided by the Company, it has the right to notify ANCOM or to initiate legal proceedings under Romanian law. In accordance with the provisions set out in GEO 13/2013, the deadline for filing a claim is one year from the date on which the Postal Dispatch was handed over to the Company/received by the Company.

9. Force majeure

  1. 1
    In the event of extraordinary circumstances of force majeure, in particular natural disasters (such as fires, floods, earthquakes, volcanic eruptions), epidemics, state restrictions (including the introduction of a state of emergency), military action, war, riots, blockades or any other circumstances which cannot be foreseen and which cannot be controlled by the Company, the Company shall have the right to suspend the Postal Services during such circumstances. 
  2. 2
    Suspension or restriction of the provision of Postal Services may occur only in case of force majeure, as regulated by the State in whose territory it occurs. 
  3. 3
    The suspension or restriction of the provision of Postal Services in case of force majeure, as regulated by the State in whose territory it occurs, excludes the liability of the Company.

10. Procedure for selling or destroying a parcel

  1. 1
    If the shipment is undeliverable for any reason, the Operator will attempt to contact the sender to arrange for the return of the shipment, subject to any local regulatory restrictions. If it is not possible to contact the sender or the sender does not provide instructions within an acceptable time frame, the Operator may return the shipment to the sender, send it for temporary storage, place the shipment in a regular warehouse or a bonded warehouse, or dispose of it, in accordance with the requirements of local law or the applicable local rules of the Operator's partners.
  2. 2
    If the shipment cannot be delivered, cleared or returned, the Operator may transfer or dispose of the shipment, in accordance with the requirements of local legislation or the applicable local rules of the Operator's partners. The sender is responsible for paying all costs, expenses and payments incurred in the process of returning, storing or disposing of undelivered shipments, except for cases where the shipment was not delivered due to the fault of the Operator.
  3. 3
    Shipments that cannot be returned due to local regulatory restrictions or applicable local rules of the Operator's partners shall be sent for temporary storage, placed in a regular warehouse or a prescribed customs warehouse or disposed of in accordance with such rules. The Sender agrees to pay all costs incurred by the Operator in connection with such placement or disposal.
  4. 4
    The Operator shall be entitled to sell the Parcel or part thereof after 6 months from the date of its deposition with Operator in case of Parcels, if:
    • 4.1
      the Parcel cannot be delivered and at the same time cannot be returned or is not to be returned; or
    • 4.2
      there is a reasonable cause to suspect that the contents of the Parcel will deteriorate before delivery.
  5. 5
    The Operator may only sell a Parcel or part thereof after the Operator has opened the Parcel in accordance with these Terms.
  6. 6
    When selling a Parcel or part thereof, the Operator shall take into account that the sale is reasonably advantageous to the Sender. The Operator shall sell the Parcel via public auction on its website.
  7. 7
    If possible, the proceeds of the sale, after deducting storage costs, selling costs and unpaid portion of the price (“Net Yield“), the Operator shall deliver to the Sender. If the Net Yield has not been delivered, Sender shall have the right to request its release within 1 year of the sale of the Parcel or any part thereof. Upon expiry of this period, the entitlement to the release of the Net Yield shall cease and the Net Yield shall be forfeited to the Operator.
  8. 8
    In particular, the Operator will not sell the Parcel if the cost of selling the Parcel is disproportionate to the proceeds of the sale.
  9. 9
    The Operator shall be entitled to destroy the Parcel or any part thereof after expiry of the periods stated in 1, if the contents of the Parcel have deteriorated in whole or in part.
  10. 10
    The Operator shall be entitled to destroy the Parcel or part thereof before the expiry of the agreed period if it is necessary to ensure the protection of human health.
  11. 11
    If the Parcel is not sold and cannot be delivered and at the same time cannot be returned or is not to be returned according to the Postal Service Agreement, the Operator shall destroy it at the expiry of 1 year after its acceptance by the Operator.
  12. 12
    The provisions of this section of these Terms shall not apply to Parcels that are considered inviolable under an international treaty that is part of the legal system of the country. The contents of a Parcel which is covered by the privacy of correspondence cannot be sold.
  13. 13
    In case of a compliant proceeding in regard to a particular Parcel, the periods stated in 1 are prolonged in respect of such Parcel until the expiration of the period during which all relevant legal remedies can be applied/exercised.

11. Supplementary and final provisions

  1. 1
    The Company will notify changes to these General Conditions for the provision of postal services (including to ANCOM) within 15 Working Days from the date of the change.
  2. 2
    If any provision of these General Terms and Conditions is found to be invalid or inconsistent with applicable law, the other provisions of these General Terms and Conditions shall remain in force.
  3. 3
    This document forms an integral part of the Company's commercial offer, representing the general terms of the individual contract which shall be deemed to have been concluded between the Sender and the Company, at the time of acceptance of the Postal Item in the Postal Network. The individual contract shall be concluded by the acceptance by the Sender of the Supplier's offer, without the need to draw up a document.