GENERAL CONDITIONS REGARDING THE PROVISION OF POSTAL SERVICES
Authorization ANCOM SC-CVP-14242 TCE WORDWIDE CURIER ROMANIA

General Conditions regarding the provision of postal services TCE Worldwide Services SRL

registered office in Bucharest, Street Drumul Sabareni no. 24-26, sector 6, registered at the Trade Register, number J40/9876/2010 and fiscal code 27528742

SC TCE WORLDWIDE SERVICES SRL, headquartered in Bucharest, str. Drumul Sabareni no. 24-26, sector 6, registered at the Trade Register, with number J40 / 9876/2010 and fiscal code 27528742, e-mail: international@tceholding.ro, website www.tceholding.ro, represented by Flavian Fecioru for performing postal services according to Government Emergency Ordinance no. 13/2013 on postal services, approved by Law 187/2013, with subsequent amendments and completions, and the Decision of the President of ANCOM no. 313/2017 regarding the general authorization regime regarding the provision of postal services.

I. General provisions

 

1.1. These General Conditions regarding the provision of postal services regulate the contractual relations between the undersigned, SC TCE WORLDWIDE SERVICES SRL, with registered office in Bucharest, Drumul Sabareni street no. 24-26, sector 6, registered at the Trade Register, number J40/9876/2010 and fiscal code 27528742, e-mail: international@tceholding.ro, hereinafter referred to as "TCE"/"Supplier"), as by postal service provider and Users (senders/integrators, recipients).

1.2. By ordering postal services through TCE, the User expressly agrees that any contracted service can be provided both by the supplier and through its subcontractors, TCE retaining full legal responsibility towards the User.

 

II. Definition of some terms

 

2.1. "Postal services" means the services consisting in the collection, sorting, transport and delivery of postal items.

2.2. "Provider of postal services" - represents any authorized natural person, sole proprietorship, family enterprise or any legal entity whose activity consists, always in part, in the provision of one or more postal services.

2.3. "Postal network" represents the organization system and resources of any kind, used by the postal service provider, mainly, for:

• collection of postal items

• transport and handling of postal items from the access points to the distribution centers

• distribution of postal items to the indicated addresses.

2.4. "Access points" - represent the physical facilities, including mailboxes made available to the public, through which postal items can be entered into the postal network.

2.5. "Contact points" - represents the set of physical installations through which postal items can be delivered to recipients.

2.6. "Automated collection and/or delivery systems" - represent unmanned, automated and digitized collection access points and/or delivery contact points that are used to provide self-service postal services.

In the postal network owned by TCE, the automatic collection and/or delivery system is known as "locker/easybox".

2.7. "Collection" - represents the operation of picking up postal items carried out either through the access points or from an address indicated by the sender.

2.8. "Delivery" - means the delivery operation by the postal service provider of postal items.

2.9. "Distribution" - represents the process that begins with the sorting of postal items and ends with their delivery to the recipients.

2.10. "Mailing Submission Date" - means the date on which the mailing was collected. The provisions of art. 181 of Law no. 134/2010 on the Code of Civil Procedure (republished, with subsequent amendments and additions) remain applicable.

2.11. "Mailing" - represents communication, in written form, on any kind of physical support, to be transported and delivered to the address indicated by the sender on the mailing itself or on its packaging. Books, catalogs, newspapers, periodicals are not considered correspondence.

2.12. "Registered postal shipment" - represents the postal shipment that is the object of a service whose peculiarity is the issuance by the supplier to the sender of a document that allows the supplier to internally identify the shipment in the postal network, to certify the date of submission, as well as, as a rule, the payment the tariff.

2.13. "Postal shipment" - represents an addressee good, in the final form in which it is to be transported and delivered to the address indicated by the sender on the shipment itself, on the packaging or in a distribution list. In addition to correspondence, this category includes, for example, printed matter, "M" bags, small packages, postal parcels containing goods with or without commercial value and postal orders on paper. Hybrid submissions are not included in this category.

2.14. "International mail" - means mail sent from the territory of Romania to an address that is not located on this territory or sent from outside the territory of Romania to an address located on its territory and mail sent from outside the territory of Romania to an address that is not is located on this territory, but in transit on Romanian territory.

2.15. "Postal parcel" - represents the postal shipment with a maximum weight of 31.5 kg, containing goods with or without commercial value.

2.16. "Registered delivery service" - represents the postal service whose particularities consist in offering a flat-rate guarantee against the risks of loss, theft, total or partial destruction or damage to the registered postal item and in the release, upon request, after the deposit or delivery of the postal item , of a proof of mailing or delivery to the addressee, without being confirmed in writing by the addressee.

2.17. "Cash on delivery service" - represents the postal service, the particularity of which consists in the payment by the recipient to the sender, through the postal network, of the value of the good that is the object of the registered postal shipment.

2.18. "Receipt confirmation service" - represents the postal service whose peculiarity consists in the delivery to the sender of the proof of delivery of the registered postal item, confirmed in writing by the addressee.

2.19. "Special delivery service" - represents the postal service with the object of registered postal items, the particularity of which consists in the delivery of the postal item, personally to the addressee or the person authorized to receive the postal item, according to the sender's instructions regarding either the date and time of delivery, to the indicated address, or the order of delivery, in the case of several recipients.

2.20. "Express service" - represents the postal service which assumes, cumulatively:

i) the release by the supplier to the sender of some evidence that allows the supplier to internally identify the shipment in the postal network and that certifies the date and time of submission, as well as, as a rule, the payment of the tariff;

ii) delivery of the postal item to the recipient's address, personally to him or to the person authorized to receive the postal item;

iii) fast delivery of the postal item;

iv) the supplier's liability for non-compliance with the delivery time (provided in this document, in accordance with the normative acts in force).

2.21. "Declared value sending service" - represents the postal service whose particularity consists in insuring a registered postal item against loss, theft, total or partial destruction or damage, for an amount that cannot exceed the value declared by the sender, and in releasing , upon request, after the submission, respectively the delivery of the postal item, of a proof of the submission of the postal item or delivery to the addressee, without being confirmed in writing by him.

2.22. "Sender" (hereinafter referred to as "beneficiary") - represents the natural or legal person who initiates the mailing and, personally or through a third party, enters it into the postal network.

2.23. "Recipient" - represents the person to whom the postal item is addressed.

2.24. "User" - any natural or legal person benefiting from the provision of a postal service as sender or recipient.

2.25. "Integrator" - represents any natural or legal person who acts on a contractual basis as an intermediary between one or more senders and the postal service provider, whose activity consists, in whole or in part, in the generation and processing of postal items and their introduction into the postal network of a postal service provider for delivery to the address indicated by the sender. These services provided by the integrator are not postal services.

2.26. "AWB" - represents the transport document that accompanies any postal item (shipment), identified by a unique code that allows tracking of the postal item in the TCE postal (and transport) network.

2.27. "Essential requirements" - represent the general, non-economic conditions that impose requirements for the provision of postal services, consisting of: confidentiality of correspondence, ensuring the security of the postal network in the case of the transport of dangerous goods, compliance with employment conditions, social security systems provided by the legal acts or the administrative and regulatory provisions and/or the collective agreement negotiated between the national social partners, in accordance with national and European Union legislation and, as the case may be, data protection, environmental and planning rules the territory. Data protection includes the protection of personal data, the confidentiality of transmitted or stored information and the protection of the right to private life, in compliance with the legal provisions in force.

2.28. "TCE" - represents the company TCE WORLDWIDE SERVICES SRL, with registered office in Bucharest, Street Drumul Sabareni no. 24-26, sector 6, registered at the Trade Registry, with number J40/9876/2010 and tax code 27528742, including any subcontractor of the company TCE WORLDWIDE SERVICES, contracted by it to fulfill/provide postal services.

2.29. “Ouch commercial contract" - represents the set of offers regarding the provision of postal services, with the exception of individual offers proposed in the framework of direct negotiations.

2.30. "ANCOM" - represents the National Authority for Communications Administration and Regulation.

Other terms, phrases or definitions applicable in the field can be consulted in:

- Emergency Government Ordinance no. 13/2013 on postal services, with subsequent amendments and additions

- Emergency Government Ordinance no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts, with subsequent modifications and additions

- ANCOM decision no. 925/2023 regarding the general authorization regime for the provision of postal services

- Decision of the President of ANCOM no. 336/2013 regarding the means and manner of transmission by suppliers of documents, data or information to ANCOM, with subsequent amendments and additions.

 

III. Conditions for accepting postal items in order to provide postal services by TCE

 

3.1. The type of postal items that are the object of the services offered and provided by TCE: domestic postal items and international postal items.

3.2. The postal collection is carried out only through the access points not served by staff (automatic collection system/locker/easybox) or by the supplier's staff, at the access points served by staff or from the address indicated by the sender.

3.3. The collection of the postal item by the supplier is carried out even if it does not indicate the sender's name/designation or address, with the exception of the Cash on Delivery Service.

3.5. In the case of the Cash on Delivery service, TCE has the obligation to collect from the recipient, upon handing over the postal item, the refund declared by the sender and to subsequently transmit it to the sender.

The payment of the refund by the recipient can be made both in cash and online with a bank card, following which the amounts collected as a refund will be transferred to the sender exclusively in the bank account indicated by him and of which he is the owner.

The maximum limit of the refund collected in cash is 5,000.00 ron (for the Cash on Delivery service with legal entities as recipients) and 10,000.00 ron (for the Cash on Delivery service with natural persons as recipients), per domestic or international mailing.

The deadline for returning to the sender the value of the goods (the amount collected from the recipient as a refund) is 5 (five) working days from the delivery of the postal item.

The accepted currency in which the amounts can be collected and paid in the case of the Cash on Delivery service is RON.

For the Cash on Delivery service for international postal items, the refund will be collected in the national currency of the collection/destination country or the Euro currency, if the monetary policy of the destination country allows this.

From these conditions, respectively from the maximum accepted limit or the method of collecting or paying the sums of money, in the case of the cash on delivery service, it is possible to derogate only by means of commercial contracts concluded in written form, based on separately negotiated individual offers .

3.6. In the case of the declared value sending service, the maximum limit of the declared value of the goods that are the subject of domestic or international postal sending cannot exceed the amount of 40,000 RON (or the equivalent in the national currency of the country of collection/destination or the Euro currency). In order to ensure the postal delivery at the declared value, regardless of whether it represents the main service or an additional feature of another service, the sender must pay in its case, in addition to the postal service rate, a rate of 1% of the mentioned declared value.

These conditions, including the maximum accepted limit of the declared value, can only be derogated from through commercial contracts concluded in written form, based on separately negotiated individual offers.

Also, in the case of the declared value sending service, the term in which the sender can request from the TCE the proof of the submission, respectively the delivery of the postal item that is the object of this type of service is 9 (nine) months calculated from the date of its submission, and the term of communication to the sender of the proof will be 30 (thirty) calendar days calculated from the request, through a method agreed with the sender or the integrator (for example, e-mail, on paper, etc.), without involving additional costs at the expense of the sender.

The proof of the identity of the sender or of the quality of representative of the sender of the person who submits the postal item that is the object of the sending service with declared value is the identity document or power of attorney and the document of identity, as appropriate.

3.7. TCE offers and provides the service of confirmation of receipt and the service of special delivery, having as its object only domestic postal items.

3.9. In order to be deposited in the postal network of the TCE provider, postal items must be packaged and labeled (where applicable) according to the nature of the item that is the subject of the postal item and which corresponds to the weight, shape and nature of the contents, as well as the mode and duration of transport , by providing an opaque outer covering so that the contents cannot be viewed and access to the contents of the postal items is not possible.

Packaging of postal items is the responsibility of the sender.

To be accepted in the postal network, postal items must meet the following packaging conditions:

1. a) the packaging of the postal shipment must be made according to the nature of the good/the contents of the postal shipment, and the shipment must be packed in such a way as to prevent damage to the contents under conditions of manual and mechanical handling.

2. b) the packaging must not allow the contents of the postal item to be damaged due to successive handling, pressure, packaging can be achieved by using boxes made of cardboard, plywood, wood, plastic, metal and/or non-typed packaging.

3. c) ensuring the tightness of the containers that are the subject of postal items, which must not allow the content to leak or spill during the transport, sorting, handling of postal items and/or the production of damage to the facilities used in the process of sorting, handling, transport and delivery of postal items or other items of mail or other goods.

4. d) postal items must be closed and sealed by the sender. TCE does not collect (pick up and/or receive) unsealed and unsealed postal items.

5. e) the transport of postal items requires appropriate packaging, so that the contents of the postal items are sufficiently protected against handling caused by related equipment, varied climatic conditions (where applicable) and mechanical handling (diagonal drop height from 80 cm).

6. f) postal items that contain fragile goods or that require special handling must be properly packed and labeled by the sender, using bubble wrap, sawdust, anti-shock polystyrene or other material that mitigates mechanical shock as filler, and have the label applied / the inscription "Fragile".

TCE undertakes to recognize and respect the inscriptions/labels applied by the sender and to pay special attention to the collected postal items in terms of handling, transport and storage.

The sender must ensure that the postal items to be picked up/collected and distributed by TCE will not be packed in several individual postal items linked and/or clamped together, which circulate and are transported to the destination under the same document single carriage (AWB).

Recommendations, methods and instructions regarding the packaging of postal items, depending on the nature of the goods that may be the subject of postal items, are available to users by publishing on the page http://www.tceholding.ro/index.php/curierat/posta-national -and-international/ .

The data of the recipients and, where applicable, of the senders will also have to contain the telephone number of the addressee, respectively of the sender, these being useful to TCE in order to provide efficient postal services.

3.10. Mail items refused for collection, including sorting, transport and delivery:

1. a) Postal shipments consisting of goods whose transportation is prohibited (even if only on a portion of the route) by domestic and international legal provisions.

2. b) Postal items whose packaging contains inscriptions that are contrary to public order or good morals, as well as postal items consisting of goods that are contrary to public order or good morals, if they are submitted unpackaged or in transparent packaging.

3. c) Mail items that have old labels or inscriptions that have not been removed.

4. d) Postal items that have as their object goods of special value, such as antiques, works of art, paintings, furs, carpets, money, jewelry made of precious metals, precious stones.

5. e) Firearms – as they are defined by the applicable law in Romania and, as the case may be, by a country of transit or by the country of dispatch and/or destination.

6. f) Postal shipments which, through their packaging method, may cause damage to some goods or may endanger people, the environment,

7. g) Perishable goods and products, live animals, materials for medical or biological examinations, medical waste, human or animal remains, body parts and/or organs.

3.11. Only tr. will be accepted and collected in the TCE network postal imitations that will have the following dimensions and maximum (physical) weights:

– envelope size – 210 mm X 297 mm (A4 format)

- envelope weight - 3 Kg

- package (physical) weight - 31.5 Kg

- maximum package length of one side of the package must not exceed 300 cm

– circumference + length (maximum) package: 500 cm (circumference = 2 x height + 2 x width).

– the minimum unit of charge for a postal item is 1 kg (the rounding of the physical weight is done by increasing, when the weight exceeds 0.01 grams).

GIRTH – L + (w + h) x 2 > 340 cm

– a postal item may contain 1 (one) or more pieces.

3.12. Each postal item is identified in the TCE postal network by a unique transport document (AWB).

3.13. All postal services aimed at internal postal items, provided by TCE, can be provided either using its own means or through subcontractors. Postal services aimed at international mailings are provided exclusively through subcontractors.

3.14. The tariff for postal services can be paid by bank transfer, at the latest when the postal item is submitted to the TCE postal network. The exception is postal items that are the subject of postal services offered and provided under a contract for the provision of postal services concluded separately with the sender, in which case the postal service fee will be paid by bank transfer, based on an invoice issued by the Supplier bimonthly or monthly, within 5 (five) calendar days from the date of communication of the invoice.

3.15. The postal service fee is charged/paid in RON (Leu), at the chargeable weight of the postal items, respectively at the higher of the value calculated between the physical weight and the volumetric weight.

The maximum allowable chargeable weight of a postal item is 31.5 kg.

The volumetric weight of a postal package is calculated according to the formula: length x width x height (measured in centimeters)/6000.

3.16. TCE practices standard tariffs, as well as negotiated tariffs, established by the contracts concluded with its shippers/beneficiaries.

 

 IV. Delivery of the postal item to the addressee

 

4.1. The delivery of the postal item that is the subject of all the postal services provided by TCE is made to the address indicated by the sender, personally to the addressee or to the person authorized to receive the postal item or to the contact point of TCE (served or not served by staff, including the automatic system of delivery), personally to the recipient or to the person authorized to receive the postal item, after the prior transmission of a notice (sent via SMS or email, but also through the TCE APP application https://app.tceholding.ro/, with the appropriate content provided of the normative acts) to announce the arrival of the postal item.

Mail delivery through the automatic delivery system (locker) is carried out every day of the week.

4.2. In the case of the express service or the special delivery service, TCE delivers the postal item to the address indicated by the sender, personally to the recipient or to the person authorized to receive the postal item.

4.3. In the case of the confirmation of receipt service, TCE will hand over the postal item that is the object of this postal service only on the condition that the recipient or the person authorized to receive the postal item confirms, in writing, the receipt of the postal item, by indicating the date, name and surname in clear , of its quality in relation to the recipient and, respectively, by adding the signature, on the form established and used by Sameday in the case of this service.

The deadline for returning proof of receipt (confirmed in writing by the recipient) is 5 (five) working days from delivery.

4.4. If the delivery of the postal item is carried out by means of automatic delivery systems, TCE will keep the postal item in the locker, in order to be picked up by the addressee, for a minimum of 36 hours, a term that is calculated from the time of his notification regarding the fact that the postal item has been submitted and loaded into the automatic system, which, moreover, will be communicated to the user, as part of the notice. Sent in order to pick up the postal item from the locker. By means of commercial contracts, individually negotiated with the senders, longer retention periods can be established or the possibility of extending the initial retention period.

4.5. TCE has the right to refuse delivery to the addressee of the postal item, when the postal item picked up through the access points not served by staff (especially in the case of the automatic delivery system) does not comply with the general acceptance conditions established by the Supplier, as well as in the situation where the sender has not fully paid the tariff corresponding to the chosen/ordered postal service.

4.6 . TCE may destroy mail that has caused or is likely to cause significant damage to persons, the environment, facilities used, or other mail items, in compliance with applicable law and, when possible, with notification to the sender. In this case, the contract terminates by law, the burden of proof falling under these circumstances to the postal provider TCE.

 

V. Terms of keeping/returning postal items

 

5.1. With the exception of postal items that are subject to the Express service and/or the special delivery service (in which case delivery has been requested by the sender at the date and time established by him, to the indicated address), in the event of the impossibility of delivering the postal items to the addressee ( or the authorized person), because it was not found at the address indicated by the sender, the recipient's address does not exist or at the indicated address there is no building or container to which the postal item can be delivered or an available service intended for receiving postal items, respectively in the event that the postal item has not been picked up from the automatic delivery system, TCE will notify the recipient through a notice (sms or email, as well as through the TCE APP application https://app.tceholding.ro/), regarding at the attempted delivery of the postal item and will keep, at the point of contact, for delivery, the postal item for a period of 5 (five) working days calculated from the date of its approval.

In these cases, TCE has the right to establish in its Commercial Offers, additional rates for the return of postal items.

5.2. Postal items undelivered to the addressee due to one of the causes mentioned above will be returned to the sender (with prior notification by means of a notice), to his address, and, in case of impossibility of delivery to his address (e.g., the sender was not found at address indicated), the return of the postal item to the sender will be made at the TCE access/contact point. Postal items are returned and charged according to the Commercial Offer and, where applicable, according to the rates separately agreed with the sender by means of the contract concluded with him on the basis of individual offers.

5.3. The deadline for returning the internal postal shipment is 5 (five) working days calculated from the date of expiration of the approved retention period or from the date of the delivery attempt, as the case may be. The deadline for returning international postal items is 7 (seven) working days from the date of expiry of the approved storage period or from the date of the delivery attempt.

In the case of the initial impossibility of delivering the returned postal item to the sender, TCE will notify the sender by means of a notice announcing the attempted return of the postal item and will keep, at the point of contact, for delivery, the postal item that could not be delivered delivered to him, for a period of 5 days from the date of his approval.

5.4. TCE offers the possibility of speedy return of the postal item without the consent of the addressee and, respectively, without keeping the postal item at his disposal. Thus, in the situation where the sender requested in writing to the postal provider, at the time of submitting the postal item, the prompt return of the postal item, without the consent of the addressee and respectively, without keeping the postal item at his disposal, in the event of the impossibility of delivering it to the addressee, TCE will proceed to the return of the said postal item according to the sender's option, within the term and according to the procedure established by Art.5.2. and Art. 5.3.

5.5. If TCE is unable to deliver the postal item due to the fact that the addressee (or the person authorized to receive the postal item) has refused, as the case may be, to pay the value of the good that is the object of the Cash on Delivery service or to confirm, in writing, the upon receipt of the postal item in the case of the Receipt Confirmation service, TCE will promptly return the said postal item, within the period established according to Art. 5.3., as the case may be, without the recipient's approval and, respectively, without keeping the postal item at his disposal.

5.6. The term in which the sender can request the proof of delivery or deposit of the registered postal item is 9 (nine) months calculated from the date of collection by TCE, and the term of its communication to the sender will be 30 (thirty) calendar days calculated from the request, through a method agreed with the sender or the integrator (for example, e-mail, on paper, etc.), without involving additional costs for the sender.

5.7. Postal items that could not be delivered to the addressee or returned to the sender will be kept by TCE for 9 (nine) months calculated from the date of their submission. After expiring after this term, unclaimed mail will become the property of TCE.

5.8. Proof of the recipient's identity is given by his identity document, or power of attorney and identity document, as the case may be.

With the exception of the receipt confirmation service, TCE uses additional ways to identify the recipient/person authorized to receive the postal item, respectively based on a PIN code sent via SMS to the recipient's phone number or to his/her email address as indicated by to the sender, as well as through the TCE APP.

5.9. TCE offers Users the availability of electronic monitoring of the course of the postal shipment (track & trace) for the entire duration of the collection, sorting, transport or delivery operations of the respective postal shipment, through the website www.tceholding.ro, as well as through the TCE application app.

 

 

 

 

VI. Guaranteed delivery times

 

6.1. In the case of the Express service, which is aimed at domestic postal shipments, the guaranteed delivery time is:

– 24 h, for the delivery of postal items collected and delivered in the same locality,

– 24 h, for the delivery of postal items between county and intra-county residences,

– 36 h, for the delivery of postal items between any two other localities on the territory of Romania.

6.2. In the case of exceeding the guaranteed delivery times related to the Express service, TCE will respond to the users by refunding the late service fee or will grant the sender another free mailing, according to his express request.

6.3. TCE does not offer and does not provide the Express service for international postal items.

6.4. For the other types of postal services having as their object internal postal items, delivery times will not exceed 3 (three) working days from collection.

6.5. 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 states in the European Union or outside the EU, as well as those in the opposite direction, delivery times will not exceed 18 (eighteen) days workers calculated from collection.

6.6. In the case of non-compliance with the times/terms thus established in this document (but excluding the delivery times related to the Express service), TCE will respond to the user by returning a percentage of 0.3% of the value of the respective service tariff.

 

VII. Liability of the postal service provider

 

7.1. TCE is responsible for the damage caused to the sender in the event of loss, theft, total or partial destruction or damage to the postal item, if these circumstances occurred between the time of submitting the postal item to the access point and the time of its delivery to the recipient. Also, TCE is responsible for theft, total or partial loss, total or partial destruction or damage to the postal item that is returned to the sender or integrator, respectively the amount of money that is the object of the cash on delivery service or the form that certifies the delivery of the postal item to recipient within the receipt confirmation service.

7.2. For postal services with the object of internal postal items, TCE responds as follows:

1. a) in case of loss, theft or total destruction:

2. with the full declared value, for a postal item that is the subject of a declared value delivery service, including whether or not the said postal item is subject to a cash on delivery service.

3. with the cash-on-delivery value, for a postal item that is subject to a cash-on-delivery service without a declared value.

4. with the amount representing 5 times the service rate, for postal items that are not subject to a value-added service or a cash-on-delivery service.

5. b) in case of loss or partial destruction or damage:

6. with the declared value for the missing, destroyed or damaged part or with the share corresponding to the missing weight of the declared value, for postal items that are subject to a declared value delivery service.

7. with the amount representing 5 times the service rate for postal items that are not subject to a value-added service.

8. c) in the case of a shipment that is the subject of a cash-on-delivery service, the postal service provider is responsible for the full value of the cash-on-delivery for the situation in which it did not return the entire value to the sender or with the corresponding difference up to its full value, in if the refund was partially collected from the recipient.

7.3. To the sums provided for in Art.7.2/ letter a) and Art.7.2/letter b) shall be added the penal interest that accrues from the moment of the introduction of the prior complaint or, as the case may be, of the introduction of the request ii of summons, regardless of which of these moments intervenes first.

7.4. Complete loss of content is equivalent to loss of mailing.

7.5. In the situation where the sender declared a lower value of the postal item than the actual one, the compensation is at the level of the declared value.

7.6. Apart from the compensation provided for in Art. 7.2 / letter a), TCE will also refund the fees collected when submitting the postal item.

7.7. In case of non-performance of the services that constitute additional features of the postal services, nominated by the sender through special instructions, TCE undertakes to refund only the additional fees collected from the sender, compared to the applicable tariff for the standard postal service.

7.8. In case of loss of the proof of delivery of the postal item which is the subject of the delivery confirmation service, confirmed in writing by the recipient, TCE has the obligation to draw up and make available to the sender a duplicate proof of delivery.

7.9. TCE is responsible for international mailings in accordance with the above legal provisions applicable to postal services for domestic mailings.

7.10. The sender may waive his right to indemnification in favor of the recipient.

7.11. TCE is exempt from liability in the following situations:

1. a) the damage occurred as a result of the act of the sender or the recipient.

2. b) the postal item was received without objection by the addressee, with the exception of complaints regarding the loss, theft, damage or total or partial destruction of the contents of the postal item.

3. c) the damage occurred as a result of a case of force majeure or fortuitous event.

7.12. TCE is not liable and cannot be charged for special, indirect losses (loss of profit, income, interest, sales markets, auctions, damage to image) or other indirect damages and losses generated by delay, loss, destruction, defective delivery or non-delivery of postal items.

7.13. TCE is not responsible for possible alterations to the mailing by electromagnetic means or causes (eg demagnetization, X-ray scanning during security/customs procedures, etc.).

7.14. In the event that the delivery of postal items collected by TCE is carried out by another postal provider, the responsibility towards any user is always that of the TCE provider.

 

VIII. Complaints Resolution Mechanism

 

8.1. Any complaint regarding a postal service offered and provided by TCE or a postal item shall be made in writing and shall be sent, either by means of a postal service with confirmation of receipt, or shall be submitted to the TCE headquarters, or sent by e -mail to the address curierat@tceholding.ro or through the IT application made available by the supplier to shippers with whom it has concluded separate commercial contracts, each claim receiving a registration number that will be communicated to the claimant in the same way in which it was received or through the one requested by the petitioner in the content of the complaint, such as: by communicating in writing the registration number, for the case that the complaint was submitted physically, by the appropriate completion and signing of the confirmation of receipt, for the case that the complaint was sent via a postal service with confirmation of receipt or by communicating the registration number by e-mail to the e-mail address from which it was received or through the computer application (to the e-mail address indicated in the TCE APP application).

8.2. The right to file a complaint belongs to:

- the sender or his legal representative.

- to the recipient or his legal representative.

8.3. The object of the complaint can be:

– total or partial loss, theft, destruction/damage of postal items.

- non-compliance with the delivery times of postal items or the deadlines established in this document, according to the contract (which is considered) concluded between the supplier and the beneficiary.

– the professional conduct of TCE staff (employed or subcontracted).

- any other objections related to the quality of the services/improper performance or non-performance of the services.

8.4. The deadline for submitting the prior complaint addressed to the TCE is 6 (six) calendar months calculated from the date of submission of the postal item.

8.5. Each claim will have to be accompanied by relevant evidence for the postal provider to carry out correct and complete analyzes corresponding to the event complained of (such as, as the case may be, the copy of the transport document, the copy of the document certifying the payment of the tariff related to the postal service, the receipts/invoices issued by the supplier, photographs, the packaging of the postal shipment, the destroyed/damaged good that is the object of the postal shipment, the copy of the record of  of the damage or any other evidence to support the veracity of the statements in the complaint).

In order to resolve the complaint, the complaining user will have to identify the shipment, describe in the content of the complaint submitted to TCE the event (facts, documents and causes) related to the complaint, formulate his claims and claims, the payment method chosen in the case of the compensation granted of the supplier and to provide the necessary information for the transmission of compensations in the situation in which the complaint will prove to be well-founded, as well as the communication and contact data.

8.6. The sender or the recipient (in the event that the sender waives his right to compensation in favor of the recipient) or their legal representatives will have the right to compensation, only if the claim was submitted within the term provided for in Art. 8.4. from above.

8.7. The deadline for resolving the complaint is 3 (three) months from the date of its submission.

8.8. In the case of well-founded claims, the payment of compensation is made within 30 (thirty) calendar days calculated from the date of completion of the analysis of the claim, but without exceeding the term of 3 (three) months mentioned in Art.8.7. The payment will be made by transfer to the bank account communicated by the user or through OP, depending on the user's request mentioned in the submitted complaint.

8.9. The complaint is considered founded when the contractual liability of the postal provider towards the sender or recipient is engaged.

8.10. The granting of compensation cannot be conditioned by the transfer of the ownership of the good that is the object of the respective postal item to TCE, with the exception of postal items that are the object of sending services with a declared value or Cash on Delivery services, in which case compensations have been granted according to the applicable legal provisions , as a result of the loss, theft or total destruction of postal items.

8.11. If the complaint addressed to the attention of TCE was not satisfactorily resolved or it was not answered within the term provided in Art.8.7., the user in question may submit, within 1 (one) calendar year from the date of submission mailing, a complaint to the regulatory authority accompanied by proof of completion of the prior complaint procedure or a request for a summons. The summons can be filed regardless of whether a complaint with the same object has been submitted to the regulatory authority or not.

8.12. The provisions of these General Conditions regarding the provision of postal services are supplemented accordingly with the provisions of the legislation in force applicable in the field.

8.13. The date on which the General Conditions regarding the provision of postal services become applicable is July 1, 2024.

 

General Manager                                                                               Bucharest | Romania

 

FLAVIAN M. FECIORU                                                                                July 1, 2024