Complaint procedure in Slovakia
(hereinafter referred to as the "Complaint Procedure")
according to Article 28 of Act No. 324/2011 of the Collection of Acts on Postal Services and Amendments to Certain Acts, as amended (hereinafter referred to as the "Postal Services Act"), applicable to Nova Post SK s.r.o. as of August 11, 2023
1. Preliminary Remarks
1.1 A complaint refers to a statement whereby the recipient of the service raises a claim against Nova Post SK s.r.o., with its registered office at Poshtova 3, 811 06 Bratislava (Poštová 3, 811 06 Bratislava) - part of the Old Town, the Slovak Republic, identification No.: 55 131 794, listed in the Commercial Register of the Bratislava City Court III, LLC Division, Annex No. 166263/B (the Provider); its claim results from the non-performance or improper provision of the postal service, in particular, due to the Provider's failure to comply with its obligations arising from the Postal Conditions (Postal Conditions) or the Postal Agreement (as defined in the Postal Conditions). The Recipient of the service may file a complaint (Complaint), particularly in cases of non-delivery, non-delivery within the agreed time, damage, loss of contents, and destroyed shipment.
1.2 This Complaint Procedure shall comprise an integral part of the Postal Conditions and shall apply to all services rendered by the Provider.
1.3 Where the Provider renders postal services through a subcontractor being a universal service provider (hereinafter referred to as the "Universal Service Provider"), the Complaint Procedure shall be applied to the Universal Service Provider's postal services to the extent the postal services are rendered by Universal Service Providers.
2. Complaint procedure in Slovakia
2.1 The following persons (hereinafter referred to as the "Complainants") are entitled to file a Complaint:
2.1.1 The recipient/customer of the service;
2.1.2 The recipient;
2.1.3 Any person authorized by the recipient of the service or the addressee.
2.2 A Complaint can be filed:
2.2.1 Directly at any branch of the Provider;
2.2.2 In writing, to be delivered to the Provider's registered office at Poshtova 3, 811 06 Bratislava;
2.2.3 By electronic means to the Provider's e-mail address: support_sk@novapost.com;
2.2.4 By calling our hotline at +421 552 302 609.
2.3 Your application shall include the following attachments:
2.3.1 Complainant's ID: name, address, phone number, designation, or order number;
2.3.2 ID of the shipment being the subject of the Complaint with the following details: the sender, addressee, date of dispatch, place of dispatch, and a copy of the confirmed order or postal shipment number (invoice);
2.3.3 Grounds for the Complaint: loss, non-delivery within the agreed time, damage, loss of content, delivery to the wrong recipient, etc.;
2.3.4 The amount of compensation requested, if the Complainant claims compensation;
2.3.5 Other details and documents allowing to identify the problem more quickly, including the account number to which compensation may be paid if the Provider accepts the Complaint;
2.3.6 The Complainant's handwritten signature if the Complaint is submitted in writing; and
2.3.7 The date of the Complaint.
2.4 Complaints shall be filed as soon as the Complainant is informed of the grounds for filing the Complaint, but no later than:
2.4.1 Within 6 months from the day following the date the Provider receives the shipment for transportation, in case of non-delivery, improper delivery, loss, damage, destruction, or theft of the shipment;
2.4.2 Within 6 months from the day following the date the Provider receives the shipment, in case of non-delivery within the guaranteed delivery time according to the Postal Conditions;
2.4.3 Within 2 months from the date of dispatch if the shipment is lost or damaged by the courier.
2.5 Unless otherwise stated in clause 2.4 of this Complaint Procedure, a Complaint about the improper quality of the postal service or brokerage services cannot be filed if the shipment is received without reservations, as long as the Complainant has not submitted a Complaint to the Provider in this regard immediately after receiving the shipment, but no later than 7 days after receiving the shipment, and has not proved that the defects or damage to the shipment were caused before receiving the shipment.
2.6 If the Complaints are filed after the expiration of the terms specified in clauses 2.4 and 2.5, this Complaint Procedure shall not be deemed relevant, and the Service Provider shall immediately notify the Complainant of the rejection of the Complaint.
2.7 Filing a Complaint is also treated as exercising the right to compensation for damages and the right to reimbursement of postal expenses under the Postal Conditions and the Postal Agreement.
2.8 A Complaint filed by an unauthorized person (other than the person specified in clause 2.1 of this Complaint Procedure) shall be deemed not filed, and the Provider shall immediately inform the Complainant of the possibility of filing a Complaint by an authorized person.
2.9 Filing an electronic Complaint to the Complainant's e-mail address shall imply consent to sending electronic reports related to the Complaint consideration to the e-mail address specified in the Complaint.
2.10 If the Complaint fails to meet the requirements outlined in this Complaint Procedure, and if the Provider considers it essential for proper consideration of the Complaint, the Provider shall offer the Complainant to remedy the deficiencies within 7 days from the date of receiving the request for amendment, indicating the scope of the required amendment of the Complaint. The application must contain a warning message saying that if the deficiencies are not remedied within the specified period, the Service Provider shall refuse to consider the Complaint. Once the specified period expires, the Complaint shall not be considered. The period specified in this clause shall not be included in the period of consideration of the Complaint.
2.11 The Service Provider's branch receiving the Complaint shall acknowledge the receipt of the Complaint and its attachments, including the relevant information and confirmation of dispatch.
2.12 If an electronic Complaint is filed, the Provider shall immediately send an electronic confirmation of its receipt.
2.13 The Provider shall settle the Complaint no later than 30 days from the date of its receipt.
2.14 If the Complaint filed by the Complainant involves a large number of postal shipments amounting to at least 100 pieces or other facts that prevent it from being fully processed within the period specified in the Complaint Procedure for impartial reasons, the processing deadline may be extended up to 90 days. If this occurs, the Service Provider shall notify the Complainant in writing of the extension of the deadline, stating the reasons for the extension.
2.15 The Service Provider is entitled to reject the Complaint if the issue has already been settled or is under consideration by a court or other authority.
2.16 If the Provider rejects to satisfy the Complaint in whole or in part, the Complainant may appeal such rejection to the Provider within 14 days from the date of receipt of the response to the Complaint. The Service Provider shall immediately assess the appeal and inform the Complainant of the results of the appeal no later than 30 days after its submission.
2.17 If the appeal against the decision on the Complaint is filed upon the expiration of the deadline for filing an appeal specified in clause 2.16 of this Complaint Procedure, the Provider shall not consider it and shall immediately notify the Complainant thereof.
2.18 During the Complaint Procedure, the Provider is entitled to request from the Complainant additional information required to resolve the Complaint, as well as to invite the Complainant to present the damaged shipment, while the deadline for resolving the Complaint shall not include the deadline for submitting this information/damaged shipment by the Complainant. Therefore, the Complainant is required to keep the damaged shipment during the Complaint Procedure (its inner and outer packaging, as well as the damaged contents of the shipment) as it was delivered to him or her.
2.19 If the Provider fails to resolve the Complaint within the period specified in clauses 2.13 and 2.14 of this Complaint Procedure, the Complaint shall be deemed to be fully satisfied.
2.20 Compensation shall be claimed up to the following maximum amounts:
2.20.1 Up to twenty times the fee according to the price list (rate) in case of non-delivery of registered postal shipment or destruction of its contents (if such service is provided according to the Postal Conditions);
2.20.2 At the rate equal to the actual damage, but not more than twice the minimum fee according to the price list (rate) for every 500 g of contents in case of non-delivery of a shipment sent by non-registered mail, its damage, or destruction of contents;
2.20.3 At the rate of actual damage, but not more than the declared value in case of non-delivery of the insured shipment/parcel, its damage, or loss of contents;
2.20.4 Up to a threefold fee in case of non-delivery of a postal shipment/parcel within the guaranteed delivery time that was not delivered on time according to the Postal Conditions;
2.20.5 At the rate of the fee paid in the case of a registered letter, except for the above clauses 2.20.1. and 2.20.4;
2.20.6 At the Complainant's cost, which, however, may not exceed the declared value of the shipment, in case of loss, partial loss, or damage of the shipment by the courier.
2.21 If the Provider fails to provide postal services or intermediary services, the Provider shall reimburse the Complainant in full the fee charged for the postal services or intermediary services.
2.22 The provision of postal services or intermediary services is considered to be improper, in particular:\
2.22.1 Providing postal services or intermediary services in a way inconsistent with the Postal Conditions or the Postal Agreement, as well as the Complaint Procedure or applicable law;
2.22.2 Failure to meet the delivery deadlines by the date guaranteed by the Provider;
2.22.3 Damage to the cargo;
2.22.4 Loss or damage to the shipment.
2.23 The Provider shall not be liable for the non-provision or improper provision of postal services if such non-provision or improper provision resulted from:
2.23.1 Force majeure (as defined in the Postal Conditions);
2.23.2 The reasons caused by the recipient of the service or the addressee that were not the fault of the Provider;
2.23.3 The violation of the Postal Services Act, Postal Conditions, applicable laws, or other regulations by the recipient of the service or the addressee;
2.23.4 The nature of the shipped goods.
2.24 The Complainant shall not be entitled to compensation for lost profits or indirect damage. The right to compensation for damage caused by the Provider must be exercised by the Complainant within 6 months from the date of receiving the shipment or, in case of loss of the shipment, from the day following the last day of the delivery period specified by the Provider; otherwise, this right may expire.
2.25 If compensation is awarded to the Complainant, it will be paid to the Complainant's bank account specified in the Complaint within 14 days from the date of the final decision on compensation.
2.26 If compensation is to be paid for the lost postal shipment, the Provider shall acquire the right to the postal shipment from the recipient of such compensation in the amount of the compensation paid, as specified below. If the relevant postal shipment is found after the compensation has been paid, the Provider shall inform the sender of an option to retrieve the shipment after the compensation has been returned to the Provider within 3 months from the date of informing the sender. The Provider shall also inform the sender of his or her right to designate the addressee to whom the postal shipment is to be delivered and the Provider shall deliver the postal shipment to such addressee, provided that the paid compensation is first returned to the Provider. If the sender refuses to receive the postal shipment, refuses to compensate for damages, or fails to respond to the Provider within the above period, the Provider shall contact the original addressee of the postal shipment; the rules applicable to the sender shall apply with appropriate modifications to the addressee. If the addressee refuses to receive the postal shipment, refuses to pay the Provider an amount equal to the compensation for damage, or fails to respond to the Provider within the above period, the postal shipment shall become the Provider's property.
2.27 If the Provider fails to resolve the Complaint about improper postal services, the Complainant may file a complaint for state supervision with the Electronic Communications and Postal Services Regulatory Authority in writing at Tovarenska 7, 828 55, Bratislava 24 (Továrenská 7, 828 55 Bratislava 24); by phone: 02/57 881 209, or by e-mail to e-podatelna@teleoff.gov.sk.
3. Provisions on International Postal Services
If a Complaint about international postal services is filed by the Provider, the complaint procedure will be carried out according to this Complaint Procedure and legal acts of the Universal Postal Union.
4. Final Provisions
4.1 The Complaint shall be filed according to the laws of the Slovak Republic, in particular, the Postal Services Act and Act No. 40/1964 Coll. on the Civil Code, as amended.
4.2 The invalidity or unenforceability of any provision of this Complaint Procedure shall not affect the other provisions of this Complaint Procedure.
4.3 The Regulations are available at all branches of the Provider, as well as on the Provider's website at https://novapost.com/en-sk.
4.4 The Service Provider shall be entitled to amend, supplement, or completely replace this Complaint Procedure. The amended, supplemented, or replaced Complaint Procedure shall be binding from the date of its publication on the Service Provider's website unless a later effective date is specified therein.
4.5 The Complaint Procedure shall become effective on August 11, 2023.