GENERAL CONDITIONS REGARDING THE PROVISION OF POSTAL SERVICES

SC ROEXPRESS FUFLILLMENT SERVICES SRL, registered office: Valea Ialomitei Street, nr 4, bl C11, sc d, et 7, ap 146, room no.1Bucharest sector 6, 61966, tax code: RO 42074763, Trade register registration: J40/69/2020, bank account ING BANK account: RO83INGB0000999909844141

email: office@shipro.ro . tel: +40732 333 332 ,website: www.shipro.ro, orders: www.shipro/app, represented by Flavian Fecioru -administrator for the performance of postal services according to the 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 on the general authorization regime regarding provision of postal services.

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I. General provisions

 

1.1. These General Conditions regarding the provision of postal services regulate the contractual relations between the undersigned, SC SC ROEXPRESS FUFLILLMENT SERVICES SRL, registered office: Valea Ialomitei Street, no. 4, bl c11, sc d, et 7, ap 146, room no.1Bucharest sector 6, 61966, tax code: RO 42074763, Trade register registration: J40/69/2020, bank account ING BANK account: RO83INGB0000999909844141

email: office@shipro.ro . tel: +40732 333 332 ,website: www.shipro.ro, orders: www.shipro/app, represented by Flavian Fecioru -administrator, hereinafter referred to as "ROEXPRESS"/"Supplier"), as provider of postal services and Users (senders/integrators, recipients).

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

 

II. Definition of terms

 

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

2.2. "Postal Service Provider" – means any authorized natural person, sole proprietorship, family business or any legal entity whose activity consists, in whole or in part, in the provision of one or more postal services.

2.3. "Postal network" means the organizational 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 access points to distribution centres

• the distribution of postal items to the indicated addresses.

2.4. "Access points" – means the physical facilities, including mailboxes made available to the public, through which postal items can be introduced into the postal network.

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

2.6. "Automated collection and/or delivery systems" – represent unmanned, automated and digitized collection access points and/or delivery contact points, which are used for the provision of self-service postal services.

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

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

2.8. "Delivery" – represents 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. "Date of submission of the postal item" – represents the date on which the postal item was collected. The provisions of Article 181 of Law no. 134/2010 on the Code of Civil Procedure (republished, with subsequent amendments and completions) remain applicable.

2.11. "Mail Delivery" – means the communication, in written form, on any kind of physical medium, which is to be transported and delivered to the address indicated by the sender on the shipment itself or on its packaging. Books, catalogues, newspapers, periodicals are not considered correspondence items.

2.12. "Registered postal item" – represents the postal item that is the subject of a service that has the particularity of issuing by the provider to the sender a document that allows the provider to internally identify the item in the postal network, to certify the date of submission, as well as, as a rule, the payment of the tariff.

2.13. "Postal item" – represents an addressed good, in the final form in which it is to be transported and delivered to the address indicated by the sender on the item itself, on the packaging or in a distribution list. In addition to mail items, this category includes, for example, printed matter, "M" bags, small packages, postal parcels containing goods with or without commercial value and paper postal orders. This category does not include hybrid submissions.

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

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

2.16. "Registered mail service" – means 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 issuance, upon request, after the submission or delivery of the postal item, of proof regarding the delivery of the postal item or delivery to the addressee, without being confirmed in writing by the addressee.

2.17. "Cash on delivery service" – represents the postal service whose particularity 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 item.

2.18. "Acknowledgement of receipt service" – represents the postal service whose particularity consists in handing over to the sender the proof regarding the delivery of the registered postal item, confirmed in writing by the addressee.

2.19. "Special delivery service" – represents the postal service having as object registered postal items, whose particularity consists in the delivery of the postal item, personally to the recipient or to the person authorized to receive the postal item, according to the sender's indications regarding either the date and time of delivery, to the indicated address, or the delivery order, in the case of several recipients.

2.20. "Express Service" – represents the postal service that involves, cumulatively:

i) the issuance by the supplier to the sender of proofs that allow the supplier to internally identify the item 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) handing over the postal item to the addressee's address, personally to him or to the person authorized to receive the postal item;

iii) the rapid delivery of the postal item;

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

2.21. "Consignment service with declared value" – represents the postal service whose particularity consists in ensuring a registered postal item against loss, theft, total or partial destruction or damage, for an amount that may not exceed the value declared by the sender, and in the issuance, upon request, after the submission or delivery of the postal item, of proof of the delivery of the postal item or delivery to the addressee,  without being confirmed in writing by him.

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

2.23. "Addressee" – represents the person to whom the postal item is addressed.

2.24. "User" – any natural or legal person who benefits from the provision of a postal service as sender or recipient.

2.25. "Integrator" – represents any natural or legal person acting 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 generating and processing postal items and introducing them into the postal network of a postal service provider in order to deliver them 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 the tracking of the postal item in the ROEXPRESS postal (and transport) network.

2.27. "Essential requirements" – represents the general conditions, of a non-economic nature, by which requirements are imposed for the provision of postal services, consisting of: confidentiality of correspondence, ensuring the security of the postal network in case of transport of dangerous goods, compliance with the conditions of employment, the social security systems provided for by the laws, regulations or administrative and regulatory provisions and/or by the collective agreement negotiated between national social partners, in accordance with national and European Union legislation and, where applicable, data protection, environmental protection and spatial planning rules. Data protection includes the protection of personal data, the confidentiality of transmitted or stored information and the protection of the right to privacy, in compliance with the legal provisions in force.

2.28. "ROEXPRESS" – represents the company SC ROEXPRESS FUFLILLMENT SERVICES SRL, registered office: Valea Ialomitei Street, no. 4, bl c11, sc d, et 7, ap 146, room no.1Bucharest sector 6, 61966, fiscal code: RO 42074763, Trade register registration: J40/69/2020,

, including any subcontractor of ROEXPRESS FULFILLMENT SERVICES SRL, contracted by it in order to perform/provide postal services.

2.29. "Commercial offer" – represents the set of offers regarding the provision of postal services, except for the individual offers proposed within the direct negotiations.

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

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

– Government Emergency Ordinance no. 13/2013 on postal services, as subsequently amended and supplemented

– Government Emergency Ordinance no. 34/2014 on consumer rights within the contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, with subsequent amendments and completions

– ANCOM Decision no. 925/2023 on the general authorization regime for the provision of postal services

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

 

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

 

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

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

3.3. The collection by the provider of the postal item is carried out even if it does not indicate the name/surname or address of the sender, except for the Cash on Delivery Service.

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

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

The maximum limit of the cash on delivery collected is RON 5,000.00 (for the Cash on Delivery service with legal entities as recipients) and RON 10,000.00 (for the Cash on Delivery service with individuals as recipients), per domestic or international postal item.

The deadline for returning to the sender the value of the goods (the amount collected from the recipient as cash on delivery) 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 cash on delivery will be collected in the national currency of the country of collection/destination or the Euro currency, if the monetary policy of the country of destination allows it.

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, one can derogate only by means of commercial contracts concluded in written form, based on individually negotiated offers separately.

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

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

Also, in the case of the sending service with declared value, the term in which the sender can request from ROEXPRESS the proof of submission, respectively the delivery of the postal item that is subject to 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,  by a method agreed with the sender or integrator (e.g. e-mail, paper, etc.), without involving additional costs for the sender.

The proof of the identity of the sender or of the capacity of representative of the sender of the person who submits the postal item that is subject to the sending service with declared value is the identity document or power of attorney and the identity document, as the case may be.

3.7. ROEXPRESS offers and provides the acknowledgment of receipt service and the special delivery service, having as object only domestic postal items.

3.9. In order to be deposited in the postal network of the ROEXPRESS provider, the postal items must be packaged and labeled (where applicable) corresponding to the nature of the good that is the subject of the postal item and that correspond to the weight, shape and nature of the contents, as well as to the mode and duration of transport, by ensuring an opaque outer shell so that the contents cannot be viewed and access to the contents of the postal items is not possible.

The packaging of postal items is the responsibility of the sender.

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

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

2. b) the packaging must not allow the content of the postal item to be damaged due to successive handling, pressure, the packaging being able to be carried out by using boxes made of cardboard, plywood, wood, plastic, metal and/or non-standard packaging.

3. c) ensuring the tightness of the containers subject to postal items, which must not allow the leakage or spillage of the contents during transport, sorting, handling of postal items and/or causing damage to the facilities used in the process of sorting, handling, transport and delivery of postal items or other postal items or other goods.

4. d) postal items must be closed and sealed by the sender.  ROEXPRESS does not collect (pick up and/or receive) unopened 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 the related equipment, varied climatic conditions (where applicable) and mechanical handling (diagonal drop height from 80 cm).

6. f) postal items containing fragile goods or requiring special handling must be properly packaged and labelled by the sender, using bubble wrap, shaving, anti-shock polystyrene or other material that attenuates mechanical shock as filling, and have the label/inscription "Fragile" affixed.

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

The sender must ensure that the postal items to be picked up/collected and distributed by ROEXPRESS will not be packed in several individual postal items linked and/or caught together, which circulate and be transported to their destination under the same Single Transport Document (AWB).

Recommendations, methods and instructions on the packaging of postal items, depending on the nature of the goods that can be subject to postal items, are available to users by publishing on the page www.shipro.ro 

The data of the recipients and, where applicable, of the senders will also have to contain the telephone number of the recipient and the sender, respectively, these being useful to ROEXPRESS in order to efficiently perform postal services.

3.10. Postal items refused for collection, implicitly sorting, transport and delivery:

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

2. b) Postal items whose packaging bears inscriptions that contravene public order or good morals, as well as postal items consisting of goods that contravene public policy or good morals, if they are deposited unpackaged or in transparent packaging.

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

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

5. e) Firearms – as defined by the law applicable 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 items which, by their method of packaging, may cause damage to goods or endanger persons, 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 postal items that will have the following maximum dimensions and (physical) weights will be accepted and collected in the ROEXPRESS network:

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

– envelope weight – 3 Kg

– (physical) weight of the parcel – 31.5 Kg

– maximum parcel length of one side of the parcel must not exceed 300 cm

– circumference + length (maximum) parcel: 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 achieved by increase, when the weight exceeds 0.01 grams).

GIRTH – L + (W + H) x 2 > 340 cm

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

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

3.13. All postal services that have as object internal postal items, provided by ROEXPRESS, can be provided either using its own means or through subcontractors. Postal services that have as their object international postal items are provided exclusively through subcontractors.

3.14. The postal services fee can be paid by bank transfer, at the latest at the time of submitting the postal item in the ROEXPRESS postal network. Exceptions are postal items that are subject to 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 Provider 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 taxable weight of the postal items, respectively at the highest of the calculated value between the physical weight and the volumetric weight.

The maximum permissible taxable weight of a postal item is 31.5 kg.

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

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

 

IV. Handing over the postal item to the addressee

 

4.1. The delivery of the postal item that is subject to all postal services provided by ROEXPRESS is made to the address indicated by the sender, personally to the recipient or to the person authorized to receive the postal item or to the contact point of ROEXPRESS (served or not served by personnel, including the automatic delivery system), personally to the recipient or to the person authorized to receive the postal item,  after the prior transmission of a notice (sent by SMS or email, but also through the ROEXPRESS APP www.shipro.ro/app application  , with the corresponding content provided by the normative acts) announcing the arrival of the postal item.

The delivery of the postal item via 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, the delivery of the postal item by ROEXPRESS is made 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 acknowledgment of receipt service, ROEXPRESS will hand over the postal item subject to this postal service only on the condition that the addressee or the person authorized to receive the postal item confirms, in writing, the receipt of the postal item, by indicating the date, the name and surname in clear, of his/her capacity in relation to the addressee and, respectively, by adding the signature,  on the form established and used by ROEXPRESS in the case of this service.

The deadline for returning the 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 made through automatic delivery systems, ROEXPRESS will keep the postal item in the locker, in order to be picked up by the recipient, for at least 36 hours, a term that is calculated from the time of his notification regarding the fact that the postal item has been deposited and loaded in the automatic system,  which, moreover, will be communicated to the user, within the notice. Sent in order to pick up the postal item from the locker. Through commercial contracts, negotiated individually with shippers, longer retention periods or the possibility of extending the initial retention period can be established.

4.5. ROEXPRESS has the right to refuse the delivery of the postal item to the recipient, when the postal item taken over through access points not served by the staff (especially in the case of the automatic delivery system) does not comply with the general conditions of acceptance established by the Provider, as well as in the situation where the sender has not paid in full the tariff corresponding to the postal service chosen/ordered.

4.6. ROEXPRESS may destroy the postal item that has caused or may imminently cause significant damage to people, the environment, the facilities used or other postal items, in compliance with the applicable legislation and, when possible, with the information of the sender. In this case, the contract ceases by right, the burden of proof falling in these circumstances on the postal provider ROEXPRESS.

 

V. Deadlines for keeping/returning postal items

 

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

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

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

5.3. The deadline for returning the domestic postal item is 5 (five) working days calculated from the date of expiry of the notified 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 notified retention period or from the date of the delivery attempt.

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

5.4. ROEXPRESS offers the possibility of quickly returning the postal item without notifying the recipient and, respectively, without keeping the postal item at his disposal. Thus, in the event that the sender has requested in writing to the postal provider, at the time of submitting the postal item, the prompt return of the postal item, without notifying the recipient and respectively, without keeping the postal item at his disposal, in the event of the impossibility of delivering it to the recipient, ROEXPRESS will proceed to return the respective 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 ROEXPRESS is unable to deliver the postal item due to the fact that the recipient (or the person authorized to receive the postal item) has refused, as the case may be, the payment of the value of the good subject to the Cash on Delivery service or the confirmation, in writing, of the receipt of the postal item in the case of the Confirmation of Receipt service, ROEXPRESS will proceed to the prompt return of the respective postal item,  within the term established according to Art.5.3., as the case may be, without notifying the addressee and, respectively, without keeping the postal item at his disposal.

5.6. The term in which the sender may request proof of delivery or submission of the registered postal item is 9 (nine) months calculated from the date of collection by ROEXPRESS, and the term of communication of this to the sender will be 30 (thirty) calendar days calculated from the request, by a method agreed with the sender or 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 recipient or returned to the sender will be kept by ROEXPRESS for 9 (nine) months calculated from the date of their submission. After the expiration of this term, the unclaimed postal items will become the property of ROEXPRESS.

5.8. The proof of the identity of the recipient is given by his/her identity document, or power of attorney and the identity document, as the case may be.

Except for the acknowledgment of receipt service, ROEXPRESS uses additional ways to identify the recipient/person authorized to receive the postal item, respectively based on a PIN code sent by SMS to the recipient's telephone number or to the recipient's email address thus indicated by the sender, as well as through the ROEXPRESS APP application.

5.9. ROEXPRESS offers Users the availability of electronic monitoring of the postal item (track & trace) throughout the collection, sorting, transport or delivery operations of the respective postal item, through the www.shipro.ro website  , as well as through the ROEXPRESS APP application.

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VI. Guaranteed delivery times

 

6.1. In the case of the Express service that has as its object domestic postal items, the guaranteed delivery time is:

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

– 24 hours, for the delivery of postal items between the 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 case of exceeding the guaranteed delivery times related to the Express service, ROEXPRESS will respond to the users by refunding the delayed service fee or will grant the sender another free postal delivery, according to his express request.

6.3. ROEXPRESS does not offer or provide the Express service for international postal items.

6.4. For the other types of postal services having as object domestic postal items, the 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 of the European Union or outside the EU, as well as those in the opposite direction, the delivery times will not exceed 18 (eighteen) working days calculated from the collection.

6.6. In case of non-compliance with the times/deadlines thus established in this document (except for the delivery times related to the Express service), ROEXPRESS will be liable to the user by refunding a percentage of 0.3% of the value of the tariff of the respective service.

 

VII. Liability of the postal service provider

 

7.1. ROEXPRESS is liable for the damage caused to the sender in case of loss, theft, total or partial destruction or damage to the postal item, if these circumstances occurred between the moment of depositing the postal item at the access point and the moment of its delivery to the recipient. Also, ROEXPRESS is liable for the theft, total or partial loss, total or partial destruction or damage of the postal item that is subject to return to the sender or integrator, respectively of the amount of money that is subject to the cash on delivery service or of the form that certifies the delivery of the postal item to the recipient within the acknowledgment of receipt service.

7.2. For postal services having as object domestic postal items, ROEXPRESS is responsible as follows:

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

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

3. with the cash on delivery amount, for a postal item subject to a cash on delivery service with no declared value.

4. with the amount representing 5 times the service fee, for postal items that are not subject to a delivery service with declared value 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 subject to a declared value delivery service.

7. with the amount representing 5 times the service tariff for postal items that are not subject to a postal service with declared value.

8. (c) in the case of a consignment which is subject to a cash on delivery service, the postal service provider shall be liable for the full amount of the cash on delivery for the failure to refund the full value of the cash on delivery to the sender or with the corresponding difference up to its full value, if the cash on delivery has been partially collected from the addressee.

7.3. To the amounts provided for in Art.7.2/lit.a) and Art.7.2./lit.b) shall be added the legal penalty interest that accrues from the moment of the filing of the preliminary complaint or, as the case may be, of the filing of the writ of summons, whichever comes first.

7.4. The complete loss of the contents is equivalent to the loss of the postal item.

7.5. If the sender has declared a lower value of the postal item than the real one, the compensation is at the level of the declared value.

7.6. In addition to the compensations provided for in Art.7.2 / letter a), ROEXPRESS will also refund the fees collected when submitting the postal item.

7.7. In case of failure to perform the services that constitute additional characteristics of the postal services, nominated by the sender through special indications, ROEXPRESS undertakes to refund only the rates collected additionally from the sender, compared to the applicable rate for the standard postal service.

7.8. In case of loss of proof of delivery of the postal item subject to the acknowledgement of receipt service, confirmed in writing by the recipient, ROEXPRESS has the obligation to prepare and make available to the sender a duplicate of the proof of delivery.

7.9. ROEXPRESS is responsible for international postal items in accordance with the above legal provisions applicable to postal services having as object domestic postal items.

7.10. The sender may waive its right to compensation in favor of the recipient.

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

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

2. b) the postal item has been received without objection by the addressee, except for claims relating to 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. ROEXPRESS is not liable and cannot be held liable for special, indirect losses (loss of profit, income, interest, markets, auctions, image damages) or other indirect damages generated by the delay, loss, destruction, defective delivery or non-delivery of postal items.

7.13. ROEXPRESS is not responsible for any alterations of the postal item by electromagnetic means or due to electromagnetic causes (e.g. demagnetization, X-ray scanning within security/customs procedures, etc.).

7.14. If the delivery of postal items collected by ROEXPRESS is made by another postal provider, the responsibility towards any user is always the responsibility of the ROEXPRESS provider.

 

VIII. Grievance Mechanism

 

8.1. Any complaint regarding a postal service offered and provided by ROEXPRESS or to a postal item shall be made in writing and shall be sent, either by means of a postal service with acknowledgment of receipt, or shall be submitted to the headquarters of ROEXPRESS, or shall be sent by e-mail to the curierat@shipro.ro address  or through the computer application made available by the provider to the senders with whom it has concluded separate commercial contracts,  each complaint receiving a registration number that will be communicated to the complainant by the same means by which it was received or by the one requested by the complainant in the complaint, such as: by communicating in writing the registration number, in case the complaint was submitted physically, by duly filling in and signing the acknowledgement of receipt,  if the complaint was sent through a postal service with acknowledgement 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 email address indicated within the ROEXPRESS APP application).

8.2. The right to make a complaint belongs to:

– to the sender or his legal representative.

– to the recipient or his legal representative.

8.3. The object of the complaint may be:

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

– failure to comply 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 the staff (employed or subcontracted) ROEXPRESS.

– any other objections regarding the quality of the services/inadequate provision or non-provision of services.

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

8.5. Each complaint must be accompanied by relevant evidence for the postal provider to carry out correct and complete analyses, corresponding to the complained event (such as, as the case may be, a copy of the transport document, a copy of the document certifying the payment of the postal service fee, the receipt/invoice issued by the supplier, photographs, the packaging of the postal item, the destroyed/damaged goods that are the subject of the postal item,  copy of the damage report or any other evidence that supports the veracity of the statements in the complaint).

In order to settle the complaint, the complainant user will have to identify the shipment, describe in the complaint submitted to ROEXPRESS the event (facts, acts and causes) related to the complaint, formulate his claims and claims, the payment method chosen in the case of compensation granted by the supplier and provide the necessary information for the transmission of compensation, in the event that the complaint will prove to be well-founded,  as well as 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 shall be entitled to compensation, only if the claim has been filed within the term provided in Art.8.4. above.

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

8.8. In the case of well-founded complaints, the payment of compensation shall be made within 30 (thirty) calendar days calculated from the date of completion of the analysis of the complaint, 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 by PO, depending on the user's request mentioned in the submitted complaint.

8.9. The complaint is considered well-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 ownership of the good that is the subject of the respective postal item to ROEXPRESS, except for postal items that are subject to delivery services with declared value or Cash on Delivery services, for which compensation has been granted according to the applicable legal provisions, as a result of the loss, theft or total destruction of the postal items.

8.11. If the complaint addressed to ROEXPRESS has not been satisfactorily resolved or has not been 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 of the postal item, a complaint to the regulatory authority accompanied by proof of completion of the prior complaint procedure or a request for summons. A writ of summons may be filed regardless of whether or not a complaint with the same subject matter has been submitted to the regulatory authority.

8.12. The provisions of these General Conditions regarding the provision of postal services are duly supplemented 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.

 

ROEXPRESS FULFILLMENT SERVICES SRL

Fecioru Flavian Mihai Bucharest 2024