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General Conditions Regarding The Provision Of Postal Services

GENERAL CONDITIONS REGARDING THE PROVISION OF POSTAL SERVICES

 

            FAN Courier Express (hereinafter FAN/FAN Courier/FAN Courier Express) offers and provides postal services included in the area of universal service, but also not included in the area of the universal service, in the matter of internal and international postal dispatches, under the following conditions:

FAN Courier Express accepts only postal dispatches packaged and duly labeled by the sender according to the item being sent, with an opaque outer cover that does not allow the contents to be viewed and has the full identification data of the recipient(first and last name/ name in the case of legal entities, the full address of delivery, telephone) and optional of the sender, except in the case of the reverse reimbursement, for which the sender’s data is also mandatory.

By delivering the dispatches to the FAN agent/staff, the dispatcher agrees on the terms and conditions of FAN Courier Express, from the commercial offer of the provider, whether it signs or not the transport document (AWB).

The dispatcher is liable for the correctness of the data written on the postal dispatch and its appropriate packaging and labeling.

           

Approval conditions of postal dispatches:

 

Weight and dimensions conditions:

  • Maximum approved dimensions and weights of the postal dispatch:
  • 210 mm X 297 mm (A4 format) for envelopes, maximum weight 3 kg;
  • 60 cm x 50 cm x 30 cm. for parcels, maximum weight 50 kg

  

Packaging conditions

 

To be approved in the postal network, the postal dispatches must fulfill the following packaging conditions:

  • Must be sealed by the dispatcher in an intact and opaque package, which does not allow the view of the content and must meet the conditions for weight, form and nature of the content and the mode and length of the transport;
  • The packaging must protect the content, so it cannot be damaged by pressure or successive handlings and it can be of: carton boxes, plywood, wood, plastic, metal, non-typified packages;
  • Must abide by the packaging conditions published on fancourier.ro, in the FAN COURIER EXPRESS SRL access points or specified in the contract signed with the dispatcher.

 

The postal dispatches which contain fragile goods must be packed appropriately by the dispatcher, using bubble wrap as padding, shockproof polystyrene or other material which attenuates the mechanical shock and to have the “Fragile” inscription applied. FAN COURIER EXPRESS S.R.L. is obliged to recognize and abide by the inscriptions/labels applied by the dispatcher and to grant a special attention in the handling and storage of the postal dispatches in question.

 

FAN Courier Express is not liable for the eventual total or partial losses, damages, damages provoked to the people, environment, used installations or other goods, provoked by hidden vices by packaging.

 

The postal dispatches must not contain:

  • Goods through which their nature or packaging mode can cause damage to people, environment, used installations or other goods;
  • Packages which have writings which contravene public order or good behavior, respectively goods which contravene public order or good behavior, if they are delivered unpacked or in transparent package;
  • Goods for which the transport is forbidden by legal dispositions, either only for a part of the road: guns, ammunitions, drugs, explosive/toxic/flammable material;
  • Goods for which there are special transport conditions, through legal, administrative, economical, sanitary, veterinary, phytosanitary dispositions: art works, antiquities, gold, silver, jewelry, perishable goods, living animals etc.

 

FAN Courier refuses to take over postal dispatches which contain the goods described previously and postal dispatches which do not abide by the FAN packaging conditions.

 

FAN COURIER EXPRESS S.R.L. provides dispatching services with declared value, services for which the characteristics will be the insurance of an internal or international dispatch against the loss, theft, total or partial destruction or damage, for a value which cannot exceed the value declared by the dispatcher (against a 1% tax of the declared value) and the issuance, on demand, of a proof regarding the deposit of the postal dispatch.

The term in which the dispatcher can request the proof regarding the deposit of the postal dispatch which makes the object of a dispatch service with declared value is of 9 months from its deposit date, FAN COURIER EXPRESS S.R.L. being obliged to communicate that respective proof in an average term of 2 working days from the request date, through a method agreed with the dispatcher or integrator (for example fax, e-mail etc.), without additional costs for the dispatcher.

The maximum approved value of the declared value for internal postal dispatches is 40.000 RON.

The maximum approved value of the declared value for international postal dispatches is 10.000 Euro.

FAN COURIER EXPRESS S.R.L. provides the reimbursement service, a postal service which particularity consists in the payment by the receiver to the sender, through the postal network, of the value of the item which is the subject of registered domestic or international dispatch. These postal dispatches are only accepted if the sender has correctly and completely indicated all his identification data.

 

FAN COURIER EXPRESS S.R.L. offers and renders the postal reimbursement service exclusively in/from Bulgaria and Hungary (from Romania to Bulgaria/Hungary and Bulgaria/Hungary to Romania respectively).

 

The accepted currency for payments and money collection in case of COLLECTING ACCOUNT service is RON or the local currency of the destination country.

The accepted currency in which the collection or payment of the money for the reimbursement service can be RON or another currency.

Payment of money to the sender in the case of reimbursement service involving domestic postal dispatches is made both in cash and in a bank account.

 

The maximum amount accepted by the supplier for domestic postal dispatches subject to the reimbursement Service is:

Sender Consignee Maximum standard reimbursement (cash) Maximum reimbursement Amount for Collecting Account
Individual Individual 5,000 lei 5,000 lei
Individual Legal entity 5,000 lei 5,000 lei
Legal entity Legal entity 5,000 lei 5,000 lei
Legal entity Individual 5,000 lei 10,000 lei

 

The payment to the sender in the case of reimbursement service involving international postal dispatches is made exclusively in a bank account.

The maximum amount accepted by the supplier for international postal dispatches subject to the reimbursement Service is:

 

Bulgaria – max. 10.000 BGN / 5000 EURO – Collector Account

Hungary – max. 1 000 000 FT / 3280 EURO – Collector Account

 

The deadline for returning the equivalent of domestic postal dispatches to the sender (amounts collected from the recipient) is 2 business days from delivery, and for international ones, it is 7 days.

 

FAN COURIER EXPRESS S.R.L. provides the Receipt Confirmation service, a postal service for which the characteristic is the delivery towards the dispatcher of the proof regarding the delivery of the registered postal dispatch, confirmed in written by the receiver, physically or digitally (on email). The return term towards the dispatcher of the proof regarding the delivery of the postal dispatch, internal or international, confirmed in written by the receiver, is 2 working days from delivery in case of internal postal dispatches and 2 working days from delivery in case of international postal dispatches.

In case of loss of proof of receipt confirmation of the postal dispatch by the receiver, FAN COURIER EXPRESS S.R.L. drafts and makes available for the dispatcher a copy of it (physically or by email).

FAN COURIER EXPRESS S.R.L. provides the Express service, a postal service which implies cumulatively:

  • The issuance by FAN COURIER EXPRESS S.R.L. towards the dispatcher, of a document which allows the provider to internally identify the dispatch in the postal network and which attests the date, hour and minute of the delivery and generally, the payment of the tariff;
  • The delivery of the postal dispatch at the receiver’s address, personally to him or towards the person authorized to receive the postal dispatch;
  • Fast delivery of the postal dispatch;
  • The liability of the provider for non-abidance by the delivery terms afferent to the postal dispatches which make the object of this service.

 

The delivery times guaranteed for the postal dispatches which make the object of the Express service are:

  • 12 hours, service available only in Bucharest, for postal dispatches delivered/collected from Monday to Friday until 18.00
  • 24 hours in case of provision between two county residence and intra county;
  • 36 hours between any two localities in Romania.

FAN Courier Express SRL does not offer and does not provide the express service, with the object of international dispatches.

 

In case of exceeding the guaranteed delivery times for the Express service, FAN COURIER S.R.L. is liable towards the user by returning a 0.5% from the cashed tariff for each 12 hours of delay, but the indemnity cannot exceed the value of the cashed tariff.

 

FAN COURIER EXPRESS S.R.L. does not provide the Postal Order service on paper.

 

The pick-up of the postal dispatch is made through the staff employed at the access points served by FAN Courier staff or from the address specified by the dispatcher, by the courier (provider’s staff) and by automatic collection systems (lockers).

 

All the postal dispatches are handed over sealed.

 

The delivery of the postal dispatch is made at the address specified by the dispatcher, personally towards the receiver or the person authorized to receive the postal dispatch at the contact point served by staff, personally by the receiver or the person authorized to receive the postal dispatch, after the prior transmission of an advice which announces the postal dispatch or an automatic delivery system.

The delivery of the postal dispatch to the address specified by the dispatcher or at a contact point served by staff can be made on Saturday, if the dispatcher requested this, mention which will be specified on the transport document (AWB) at the box observations « Delivery on Saturday ».

Delivery at lockers is made every day of the week.

When they are taken over, they will be weighted, measured and the weight taken into consideration will be the biggest one between the physical one and the volumetric one.

 

The calculation formula for the volumetric weight is length x width x height/6000 cm.

In the FAN warehouse they will be sorted/weighted by the weighting belt, only for the own records of the supplier (FAN).

 

Each access point and contact as wells as the FAN Courier’s staff who collects postal dispatches from the dispatcher’s address holds appropriate measurement instruments (homologated and metrological certified balance).

 

FAN Courier Express will not use handling methods of the postal dispatches which, by the activity of its employees or external factors can alter, damage the postal dispatch or its content throughout the period when it holds the postal dispatches,.

Also, FAN Courier Express does not condition the provision of the postal services by the opening of the postal dispatch, will not open the sealed postal dispatch and will not use handling methods that could give the possibility to any person to acknowledge the content of the postal dispatch.

 

The postal dispatch can be opened by the receiver before accepting it, if the dispatcher chose the service “Open at delivery” and paid in advance the value of the service.

 

FAN Courier Express will return the postal dispatch to the address of the dispatching client by applying a tariff equal to the one way service, according to the tariff specified in the commercial offer, in a term which cannot exceed the delivery term of the respective postal dispatch and is calculated, where applicable, from the expiry date of the specified keeping period or delivery attempt, if this could not be delivered to the receiver from the following reasons:

  1. The address of the receiver does not exist or if at that address there is no building where the postal dispatch could be delivered;
  2. The receiver/person authorized to receive the postal dispatch was not found at the specified address and the keeping term at the contact point served by staff, expired;
  3. The receiver or person authorized to take over the postal dispatch refused, where applicable, the receipt of the postal dispatch, confirmation in written, according to the legal provisions of the postal dispatch receipt, in case of receipt confirmation service or paying the value of the good which makes the object of the cash on delivery service.

 

Except the postal dispatches which make the object of the Express and Special Delivery services, in case of impossibility to deliver the postal dispatches towards the receiver (or person authorized), FAN Courier Express will inform the receiver through a notice which announces the arrival of the postal dispatch and it will keep, at the contact point, in order to be delivered, the postal dispatch that could not be delivered to him, for a period of 7 calendar days from the AWB date.

 

The postal dispatches which were not delivered to the receiver and returned to the dispatchers will be kept for 9 months in the FAN Courier Express warehouse from Bucharest. If during this time the dispatcher or the receiver did not claim the postal dispatch, it will pass without any prior notification or formality in the FAN Courier Express property. For any keeping of the postal dispatch at the dispatcher’s or receiver’s disposal, FAN Courier Express will perceive a tariff of 1 leu/day, after the expiry of the advice term.

 

Except the Express service, FAN Courier Express guarantees the delivery of any internal postal dispatch under good conditions and in full confidentiality, anywhere throughout Romania in an average term of 2 working days, without exceeding 3 working days, except the situation when delivery on Saturday was requested.

In case of exceeding these delivery times of the internal postal dispatches (except the Express service), and in case of exceeding all the return terms afferent to them, FAN Courier Express, is liable towards the user by returning a 5% of the cashed tariff for providing   this  service.

For postal dispatches over 3m length the delivery will be executed exclusively through the contact points served by staff of FAN Courier Express, after the prior sending of a notice  which announces the arrival of the postal dispatch.

 

FAN Courier Express guarantees the delivery of any international postal dispatch under good

conditions and full confidentiality, in a maximum term of :

– 12 working days in European Union and SEE ;

– 14 working days outside European Union and SEE

 

In case of exceeding the guaranteed delivery times for the postal services containing international dispatches, FAN Courier is liable towards the user by returning the tariff cashed for that service.

 

The delivery terms do not include legal holidays from the dispatching and/or receiving countries, force majeure and unforeseeable circumstances.

 

Additionally, in case of international postal dispatches both parties will abide by the incident legal dispositions regarding customs and the law from the states where operations of postal services are provided and those crossed in transit by the postal dispatch.

 

The settlement mechanism of claims received from users

FAN Courier Express settled a simple, transparent and accessible settlement mechanism for claims, especially regarding theft, loss total/partial destruction or damage of the postal dispatches, and non-abidance by the quality conditions of the services (delivery, return terms etc.). The procedures allow the equal and prompt settlement of claims and an adequate reimbursement or compensation system.

 

The introduction term of the prior claim addressed to the provider of postal dispatches is of 6 months and is calculated from the date of delivery of the postal dispatch.

The provider of postal services is obliged to settle the prior claim in a term of 3 months from its introduction date.

The dispatcher or receiver dissatisfied by the offered services (lack of providing the service or inappropriate providing  of the service) can make a written claim by personal submission at any of the FAN Courier Express branches, by e-mail at customer@fancourier.ro, phone 021.9336 or can send it by registered letter through the postal service confirmation of receipt at 31 Sos de Centura, Stefanestii de Jos, Ilfov, to the attention of the Customer Relations department.

 

In order to settle the claim, the claimant  user will have to describe in the content of the claim the event (facts, actions and causes), afferent to the claim, to specify his claims, chosen payment method in case of indemnity and necessary information to receive the indemnities and contact data (if the claim  is considered founded, the applicant must be contacted), to submit  relevant proof for correct and complete analysis, appropriate to the claimed event (such as, if applicable, AWB, document which proves the postal service copy, invoice issued by the provider, photos, package of the postal dispatch, damaged good which makes the object of the dispatch, copy of the record of findings etc.) and to make available any other data and information that might be useful to settle the claim.

 

The claim is analyzed and settled individually, for each postal dispatch.

 

The Client Relationship Department registers each claim and confirms its receipt based on the receipt mode, so : by issuing/handing a registration number in case of claims made personally, by phone(SMS), email if the applicant makes his email address public or requests this, by appropriate filling in and signing the receipt confirmation in case of a claim written and dispatched by envelope with confirmation of receipt, respectively through the answering address in case of a claim received by any postal service different from the confirmation of receipt service, when there is an express request for this from the applicant, regarding the confirmation mode of the claim, his request will be taken into consideration.

 

Any claim will be registered in the « Electronic Register of Claims » and the requester will be indemnified based on the type of chosen service, with declared value or not, in a maximum term of 30 days from the favorable completion date of the claim, without exceeding the term of 3 months from its introduction date.

 

If the claim is founded, the indemnity will be offered cash at the nearest Fan Courier branch, by postal order or bank transfer, if the requester is natural person and if the requester is a legal entity, the indemnity will be given by payment order or compensation. The claim will be considered founded, if according to the legal dispositions and provisions of this document, FAN Courier Express is obliged to provide indemnities.

 

In case of a postal service provided by more providers, the provider who delivered the postal dispatch is obliged to send the received claims, for settlement, to the provider who picked up that postal dispatch.

 

FAN COURIER EXPRESS S.R.L. is liable in case of loss, theft or total destruction, for the internal postal dispatches, like this:

 

– with the full declared value for a postal dispatch which makes the object of a dispatch service with declared value, whether that postal dispatch is the object of a reimbursement service or not;

– with the reimbursement value, for a postal dispatch which makes the object of a reimbursement service without declared value;

– with the sum representing 10 times the tariff of the service, for postal dispatches which do not make the object of a dispatch service with declared value or reimbursement service;

In case of loss, theft or total destruction, besides the above mentioned indemnities the tariffs cashed in when delivering the postal dispatch are also returned.

 

FAN COURIER EXPRESS S.R.L. is liable in case of loss, theft or total destruction, for the internal postal dispatches, like this:

– with the value declared for the missing, destroyed or damaged part, written on the inventory note, for postal dispatches handed over open, which make the object of a dispatch service with declared value;

– with the appropriate part for the missing weight from the declared value, for postal dispatches handed over sealed, which make the object of a dispatch service with declared value;

– with the sum representing 10 times the tariff of the service, in case of partial loss, destruction or damage of postal dispatches which do not make the object of a dispatching service with declared value.

 

In case of a dispatch which makes the object of a reimbursement service, FAN COURIER EXPRESS S.R.L. is liable with the full value of the reimbursement for the situation in which it did not return to the dispatcher the full value of it or with the appropriate difference up to its full value, if the reimbursement was cashed partially from the receiver.

 

To the above mentioned values, it is added the legal penalty interest which flows from the moment when the prior claim is introduced or, if applicable, when introducing the sue petition, irrespective of which of these moments occurs first.

If the dispatcher declared a value smaller than the real one, the indemnity is at the level of the declared value.

In case of non-performance of the provisions which constitute additional characteristics of the postal services, named by the dispatcher through special specifications, only the tariffs, cashed in additionally to the applicable tariff for the standard postal service, will be returned.

 

To the above mentioned values, it is added the legal penalty interest which flows from the moment when the prior claim is introduced or, if applicable, when introducing the sue petition, irrespective of which of these moments occurs first.

The total loss of the content is equal to the loss of the postal dispatch.

In case of non-performance of the provisions which constitute additional characteristics of the postal services, named by the dispatcher through special specifications, only the tariffs cashed in additionally to the applicable tariff for the standard postal service, will be returned.

 

If the claim addressed to the provider of postal services FAN COURIER EXPRESS S.R.L. was not settled conveniently or this was not answered in the term provided in the hereby general conditions regarding the provision of the postal services, the user in question can advance a claim to the regulation authority along with the proof of fulfillment of the prior claim procedure or a sue petition, in one year term from the delivery date of the postal dispatch,. The suing petition can be introduced whether a claim with the same object was advanced or not to the regulation authority.

In the following cases FAN Courier Express is exonerated of liability:

  • The damage was produced after an action of the dispatcher or receiver;
  • The user does not have a service for receiving the postal dispatches (example registration)
  • The dispatch was received without objections by the receiver, except the claims regarding the loss, theft, damage or total or partial destruction of the content of the postal dispatch;
  • The damage produced after a force majeure event or unforeseeable circumstances; in such a case the dispatcher is entitled to have the paid tariffs returned, except the insurance tariff.

 

 

FAN COURIER EXPRESS S.R.L.is liable for the international postal dispatches according to the provisions of the international agreements from the postal area, to which Romania is part of, except the cases where there are no such international agreements, when it will be liable according to the applicable national law for the internal postal dispatches and those from the hereby document.

 

Handling of personal character data

 

SC FAN Courier Express SRL knows the importance of personal data and undertakes to protect their confidentiality and security.
According to the requirements of the General Data Protection Regulation no. 679/2016 al U.E. for the protection of individuals regarding the processing of personal data and the free movement of such data, SC FAN Courier Express SRL manages safely and only for the specified purposes, the personal data provided in the context of the site’s visit and the purchase of SC  FAN Courier Express SRL services under the brand: FAN Courier.
The purposes for which we collect and process personal data
SC FAN Courier Express SRL collects and processes personal data for the following processing purposes:

  • administering, improving and performing the services provided by www.fancourier.ro.
  • commercial sales services, including the creation, management and development of service sales on the www.fancourier.ro website, customer account management, market research / studies, statistics.
  • advertising, marketing and advertising, promotions of SC FAN Courier Express SRL services, promotion of promotional campaigns, transmission of newsletters (newsletters), tracking and monitoring of sales of services and consumer behavior.
  • post-sales activities, including customer service, informing users / customers about the evaluation of the services offered (including the evaluation of services on the www.fancourier.ro website), improving the quality of the repair and maintenance services of the products marketed through the activity carried out in the within the Call Center service; performing service interventions, product replacements.
  • for probative purposes in connection with the above activities and archiving.


Under the Regulation, any individual may exercise the following rights:
to be informed about the processing of personal data;

  • to be informed about the processing of personal data;
  • access to personal data;
  • rectification of personal data;
  • deleting (“the right to be forgotten”) of personal data;
  • to obtain restriction of processing;
    to portability of data;
  • to oppose the processing of personal data and to request the rectification, updating or deletion of data under the law – in the case of personal data processed for direct marketing purposes, this right may be exercised at any time, free of charge and without justification;
  • not to be subject to an automated individual decision, including the creation of profiles;
  • to file a complaint with ANSPDCP Supervisory Authority;
  • to appeal to the courts if violations of the relevant legislation have been found.
    These rights can be exercised by sending an e-mail to SC FAN Courier Express SRL by accessing the contact form at fancourier.ro/contact, in writing at the following mailing address: shos. Glucose Factory, no. 11C, sector 2, Bucharest, or e-mail of Data Protection Officer (DPO) dataprotection@fancourier.ro.


Time of data processing


For the data declared within the call center service, the duration of the data processing is 3 years, as a rule, or until the exercise of the right to object. Also, SC FAN Courier Express SRL can store personal data for such a long period of time, for probation and archiving purposes.

 

 

The hereby document is an integrated part of the commercial offer of FAN COURIER EXPRESS S.R.L, representing the general clauses of the individual contract which will be considered signed between the dispatcher and FAN COURIER EXPRESS S.R.L., when accepting the postal dispatch in the postal network. The individual contract is signed by accepting the provider’s offer by the dispatcher, without the necessity to draft a document.

 

 

 

 

S.C. FAN Courier Express S.R.L.

                                                                                                            Representative

                                                                                                            Felix – Lucretiu Patrascanu