General Terms and Conditions of the Agreement with Customers of Non-Universal Postal Services
BOX NOW OOD,
in accordance with Certificate No. 0271/29.08.2022, issued by the Communications Regulation Commission, confirming that the company is entered in the register under Article 59, paragraph 5 of the Postal Services Act, for the provision of courier services.
I. GENERAL MATTERS
Art. 1. The courier services provided by BOX NOW OOD, UIC 206892501, having its seat and registered address at 10, Tsar Osvoboditel blvd., Sofia 1000, floor 3, with phone number: 070070744 and e-mail address: firstname.lastname@example.org (hereinafter referred to as "BOX NOW") are governed by the terms of these General Terms and Conditions between BOX NOW and its Customers (the “General Terms and Conditions”).
Art. 2 By means of an individual agreement, the parties may agree on different conditions for the provision of the courier services. For matters that are not explicitly provided for in the individual agreement, these General Terms and Conditions shall apply. In the event of a conflict between the provisions of the individual agreement and these General Terms and Conditions, the provisions of the individual agreement shall apply.
Art. 3. For the purposes of these General Terms and Conditions, a Customer is the sender and/or recipient (collectively referred to as the "Customer" and individually as the "Customer (sender)" and the "Customer (recipient)" respectively). The Customer may be any natural person as well as any sole trader and any legal entity.
II. SCOPE AND CHARACTERISTICS OF THE COURIER SERVICES. TERMS.
Art. 4. (1) BOX NOW is a postal operator providing courier services on the territory of the Republic of Bulgaria and international courier services. For the provision of the courier services, BOX NOW may use subcontractors, independent contractual partners or other operators selected by it. Regardless of the contractual relationships between BOX NOW and its subcontractors, independent contractual partners or other operators, BOX NOW guarantees and is liable for the performance of the provided courier services.
(2) The services that BOX NOW provides against consideration to the Customer (hereinafter referred to as the "Courier Services") are courier services within the meaning of the Law on Postal Services, which provide greater speed and reliability of receiving, transporting and delivering parcels to the recipient, as well as the provision of any or all of the following additional services:
a) collection from the sender's address;
b) delivery by a certain date;
c) option to change direction and recipient on the fly;
d) notification to the sender of receipt of the shipment;
e) controlled monitoring and tracking of shipments;
f) personal service to Customers and the provision of an “a la carte” (optional) service in the manner and time as required (“on demand” and “under contract”);
g) payment on delivery.
h) return to the initial Customer (sender)’s address.
(3) The Courier Services shall be provided through automated parcel machines (referred to also as “APMs”).
(4) The additional services “collection from the sender’s address” (also referred to as “address to APM delivery”), “return to the initial Customer (sender)’s address” (also referred to as “APM to address delivery (return)”) and “payment on delivery” shall be provided only to Customers with which BOX NOW has executed individual contracts.
Art. 5. (1) A complete list of the Courier Services provided by BOX NOW, as well as their corresponding terms for delivery and prices, are set out in the detailed price list which is published on the website https://boxnow.bg and forms inseparable part of these General Terms and Conditions. BOX NOW reserves the right to modify the contents of the price list referred to in the preceding sentence when it considers necessary. Any new publication of a price list shall supersede the previous price list, which shall cease to apply from the moment the current price list is published.
(2) BOX NOW provides Courier Services with a fixed performance time, which starts from the moment of Acceptance of the parcel for delivery by BOX NOW as described in paragraph 4 below. The acceptance time is also recorded in the shipment tracking system of BOX NOW.
(3) The term for reimbursement of the amount collected in respect of the additional service “payment on delivery” is within 2 (two) working days as of the day of delivery of the shipment to the Customer (recipient), unless otherwise agreed in a written individual agreement with the Customer (sender), if there is such, and provided that the parcel has been accepted.
(4) The term for delivery of postal parcels shall be as follows: (i) with respect to APM to APM delivery and APM to address delivery (return) – within 2 (two) days following the day of the placement of the postal parcel into the APM by the Customer (sender), as such day of placement of the parcel and its acceptance by BOX NOW is confirmed by BOX NOW in the confirmation sent by BOX NOW to the Customer (sender) by email or SMS for accepting the parcel, provided that if the 2-day period expires on a Sunday or on an official public holiday in Bulgaria, the 2-day period shall be extended to the first day after the Sunday or the official holiday; (ii) with respect to address to APM delivery – within the next day after the day of pick up by BOX NOW of the postal parcel from the address of the Customer (sender) as such pick-up is confirmed by BOX NOW in the collection statement signed between BOX NOW and the Customer (sender) or in the email sent by BOX NOW to the Customer (sender)’s email address as specified in the individual contract, provided that if the next day period expires on a Sunday or on an official public holiday in Bulgaria, the next day period shall be extended to the first day after the Sunday or the official holiday (the acceptance of the parcel by BOX NOW in each of items (i) and (ii) referred to as “Acceptance”).
(5) In case of inaccuracy found by BOX NOW on the transport document or packaging of a shipment intended for sending via APMs, which leads to a delay in processing, the shipment will be transported after clarification and correction with the Customer (sender).
III. PAYMENT METHODS
Art. 6. (1) Courier service prices are prepaid by the Customers, unless otherwise agreed in an individual written agreement between BOX NOW and the Customer. BOX NOW reserves the right to withhold or not deliver a postal item it carries until it is paid for its service. Payment shall be made cashless (by bank cards/ transfers) or otherwise as determined by BOX NOW.
(2) Courier service prices may also be paid within the terms specified in the individual written contracts, if such are executed between BOX NOW and its Customers.
(3) Courier service prices are provided to the Communications Regulation Commission for information 10 days before the entry into effect of the prices.
IV. ACCESS TERMS FOR THE SERVICES
Art. 7. (1) BOX NOW guarantees equal access of all Customers to the Courier Services.
(2) The courier services agreement consists of these General Terms and Conditions and a bill of lading completed by the Customer.
(3) Acceptance of a shipment for delivery is carried out through APMs as explained in detail in Article 8 below or by collecting a shipment from the address of the Customer, if this is agreed upon in an individual written agreement with the Customer.
Art. 8. (1) To submit an order for shipment, the Customer (sender) shall fill in a bill of lading and shall pay the respective fee for the Courier Service. The bill of lading is a document in electronic form with a unique number that is completed on a pre-approved form of BOX NOW, which is not negotiable. The completed document is stored in the electronic systems of Box Now and certifies the conclusion of the contract and the services provided under it. By submitting the bill of lading, the Customer (sender) confirms that it has been completed by him/her or by a person authorized by him (including BOX NOW) on his behalf and in accordance with his/her/its will. The Customer (sender) declares and confirms that he/she/it is the owner or has legal possession of the item to be transported by BOX NOW.
(2) In the bill of lading, the Customer (sender) shall fill in the following minimum data required for the accurate performance of the service: names, mobile phone number and/or e-mail address of the Customer (sender) and of the Customer (recipient), and APM on his/her choice or address (for the АPM to address delivery (return) service. Depending on the service used (for example payment on delivery) or in cases provided for by the law, BOX NOW may require provision of an address or additional identification data of the Customer (sender) and the Customer (recipient) of the shipment.
(3) Before submission of an order for shipment, these General Terms and Conditions are made available to the Customer (sender), who shall read them and: (i) tick the respective checkbox at the website or mobile application of BOX NOW, by virtue of which the Customer confirms that he/she accepts the General Terms and Conditions and agrees to be bound by them, or (ii) in the case of an individual contract with the Customer – express in the individual contract acceptance of the General Terms and Conditions and agreement to be bound by them. The contract for Courier Services shall be deemed concluded upon Acceptance of the parcel by BOX NOW and payment of the price of the service by the Customer.
(4) As the submission (except for when otherwise agreed in an individual agreement), respectively the receipt, of the shipment is made through APMs, the Customer is provided with a unique security code (PIN), which is sent to the mobile phone number and/or e mail and/or an instant messaging application profile (including, but not limited to, Viber) indicated by the Customer. The Customer (sender) receives his/her PIN once BOX NOW receives a duly completed bill of lading and full payment of the fee for the services, and the Customer (recipient) receives a confirmation that the parcel has been delivered to the respective APM ("Confirmation for Delivery”) and his/her PIN after the parcel has been placed by BOX NOW in the recipient APM indicated in the bill of lading, whereas in the cases of “payment upon delivery” – the PIN is provided after the Customer (recipient) has paid the respective due amount. In order to provide the service, BOX NOW uses Customer’s mobile number, email address and instant messaging application profile (including, but not limited to, Viber) to send the PIN related to the Acceptance/delivery of the shipment, to inform about the progress of the dispatch of the shipment and as well as to provide shipment related documents, such as an invoice, or other payment records. The use by the Customer (recipient) of the PIN represents and certifies his/her consent with and acceptance of these General Terms and Conditions.
(5) The Customer identifies himself/herself by the PIN sent to his/her mobile phone number or email address. The correctness of the Customer’s mobile phone number, respectively email address, is crucial for the correct acceptance, respectively delivery of the shipment. The correct communication of this information to BOX NOW is the sole responsibility of the Customer.
(6) The contract between BOX NOW and the Customer is considered performed: (i) upon delivery of the postal parcel in the APM, indicated in the bill of lading; (ii) upon delivery of the postal parcel to the address, indicated in the bill of lading, in the case of APM to address delivery (return) service; (iii) upon return to the Customer (sender) of the postal parcel which may not be received by the Customer (sender) for whatever reason; or (iv) with BOX NOW acquiring title over the parcel in the cases envisaged in Art. 12 of these General Terms and Conditions.
(7) The Customer undertakes not to disclose the unique security code (PIN) to third parties. In the event that the unique security code (PIN) is disclosed to a third party and such third party acts before BOX NOW, the actions of the third party shall be deemed to have been performed on behalf of the Customer, and BOX NOW shall not be liable in any way for any non-performance.
(8) Within 7 days after the Customer (sender) has submitted an order for shipment and a completed bill of lading, he/she shall place the parcel in the selected APM. Within this 7-day deadline the Customer (sender) may contact BOX NOW and cancel the order, in which case BOX NOW shall refund the paid fee for the Courier Service. If the Customer (sender) failed to place the parcel in the selected APM within the 7-day deadline and has not informed BOX NOW of their wish to cancel the order within the same deadline, the order and related contract are terminated automatically and BOX NOW is entitled to retain the paid fee in full amount.
(9) Within 72 hours as of the Confirmation for Delivery, the Customer (recipient) shall open the box using his/her PIN and take the parcel. The Customer (recipient) may contact BOX NOW and request prolongation of this deadline with up to 48 additional hours. If the Customer (recipient) does not take the parcel within the applicable deadline, BOX NOW may return the parcel to its warehouse and request from the Customer (sender) to take it. Article 12 of these General Terms and Conditions shall apply.
(10) Before the expiry of the deadline under Article 8, para. (9) hereof, the Customer (sender) or the Customer (recipient) may request a change of the location of the delivery APM of the recipient by contacting BOX NOW, provided that only one request and one change are possible. No further changes of the location of the delivery APM are allowed.
(11) When concluding and executing the courier services agreement and carrying out its activities, BOX NOW complies with the data protection legislation in force. Customers can get acquainted with the relevant data protection information at the website of BOX NOW at www.boxnow.bg.
Art. 9 The tracking of shipments shall be carried out through the shipment tracking system of BOX NOW, from which all stages of processing of the shipment (tracking) are visible.
Art. 10. By submission of the completed bill of lading, the Customer (sender) grants its consent for the handling of his/her shipment for the purpose of performing BOX NOW’s obligations (such as opening and checking the contents, in the cases provided for by law and these General Terms and Conditions, repacking, weigh check and similar). In addition, he/she declares and warrants that:
1. The information provided to BOX NOW regarding the shipment, including in respect of its contents, is correctly recorded on the bill of lading. The Customer is informed that postal shipments containing prohibited items or substances may be confiscated or destroyed by the competent authorities in accordance with statutory provided procedures;
2. The shipment is adequately packed to ensure its safe transportation, and
3. The postal item meets all other requirements contained in these General Terms and Conditions.
V. REQUIREMENTS ON THE SHIPMENTS. CONDITIONS ON ACCEPTANCE AND DELIVERY.
Art. 11. (1) BOX NOW shall accept for delivery only shipments meeting the following requirements:
1. For Small packages: maximum height 8 cm, maximum width 45 cm, maximum length 60 cm, maximum weight 10 kg;
2. For Medium packages: maximum height 17 cm, maximum width 45 cm, maximum length 60 cm, maximum weight 15 kg;
3. For Large packages: maximum height 36 cm, maximum width 45 cm, maximum length 60 cm, maximum weight 20 kg;
4. Maximum value of the contents of the shipment: BGN 800 (eight hundred leva).
5. The packaging and closure of parcels must be appropriate to their volume, weight and contents so as to ensure their preservation from damage and the preservation from damage of other parcels transported by BOX NOW.
BOX NOW is entitled to refuse the transport of a postal item that exceeds the above limits of weight, dimensions and value.
(2) BOX NOW shall not engage in and shall not carry out Courier Services which include the transport and delivery of:
1. narcotic, anesthetic, psychotropic and toxic substances;
2. weapons, ammunition, pyrotechnic articles, explosives, flammable or other dangerous substances and articles;
3. immoral articles;
4. articles which, by the nature or packing thereof, may expose the life or health of postal officers or other persons to danger, or may soil or damage other postal parcels or postal equipment;
5. religious materials of cults and organizations banned or unregistered in Bulgaria;
6. movable cultural property unaccompanied by an issued authorization or certificate;
7. excise goods and tobacco waste, the holding, moving, transportation, supply and sale of which are prohibited by the Excise Duties and Tax Warehouses Act;
8. coins, banknotes, currency notes, traveler's cheques, articles of value to the sender, platinum, gold or silver, whether manufactured or not, precious stones and any other valuables;
9. fragile items that are not packed appropriately;
10. activated bank cards;
11. fixed and mobile phone cards;
12. documents or items that are not reproducible (e.g., movies, videos of personal value, stamps, lottery tickets, etc.);
13. perishable food products;
15. biological material;
16. infectious, corrosive and poisonous substances;
18. any other items whose transportation is prohibited by international treaties or organizations (such as IATA, ICAO etc.) and/or the provisions of EU and/or the national legislation of the Republic of Bulgaria.
(3) In case BOX NOW has sufficient reason to believe that the shipment contains prohibited items or substances, BOX NOW can refuse to accept the shipment, or if the shipment has been accepted BOX NOW shall suspend the provision of the service, retain the shipment and, based on Customer’s (sender) consent under Art.10, opens and inspects the parcel in accordance with the rules and procedures regulating security of postal shipments.
(4) BOX NOW is entitled, but not obliged to check the contents of the shipment it undertakes to process, as well as not to receive a postal item for transportation, if the Customer (sender) refuses the shipment to be inspected by a representative of BOX NOW. BOX NOW is also entitled, either upon receipt or at any point in time after receipt, not to proceed with a shipment if there is evidence that the shipment is not in full compliance with these General Terms and Conditions, if there is sufficient reason to believe that the shipment contains prohibited items or substances or in the event of insufficient information about the Customer (recipient), or if no customs declaration has been lodged when required by the applicable customs regulations and/or if the consignment is not accompanied by any other documents required by law.
Art. 12. When for any reason the shipment cannot be delivered to the Customer (recipient) or returned to the Customer (sender), it shall remain in the warehouses of BOX NOW without charging a fee for 6 (six) months from the Acceptance of the shipment pursuant to Art. 5, Section (4) above. After the expiration of the six-month period, the shipment shall be deemed unclaimed and shall become property of BOX NOW, for which a protocol shall be drafted and executed by a commission consisting of three employees of BOX NOW. BOX NOW is entitled, in its capacity of owner, to sell shipments under the preceding sentence or to destroy them. The destruction of courier shipments under the preceding sentence shall be made by a protocol drafted and executed by a commission consisting of three employees of BOX NOW in the following way: (i) document shipments shall be cut by hand or by special machines for cutting paper; (ii) objects that may be sold, shall be sold, as the revenues following deduction of the sale expenses, shall remain in favor of BOX NOW; (iii) objects that have not been sold shall be destroyed in an appropriate manner, as the destruction expenses shall be for the account of BOX NOW.
VI. RIGHTS AND OBLIGATIONS OF CUSTOMERS AND OF BOX NOW
Art. 13. (1) The Customer shall have the following rights:
1. to receive the requested Courier Services in compliance with the terms and prices as per BOX NOW’s price list and in compliance with these General Terms and Conditions;
2. to receive information on the stage of processing of the shipment;
3. right to reclamation and compensation in compliance with these General Terms and Conditions;
4. right to receive the shipment back upon a refusal of the recipient to accept the shipment.
(2) The Customer shall have the following obligations:
1. to pay the price for the Courier Services as per BOX NOW’s price list and in compliance with these General Terms and Conditions;
2. before handing of the shipment to BOX NOW, to bring it into compliance with these General Terms and Conditions;
3. to fill in the bill of lading and to provide to BOX NOW sufficient and accurate information in order for the delivery to be successfully carried out, in compliance with these General Terms and Conditions;
4. to compensate BOX NOW for any damages caused to the latter or to other shipments due to the fault of the Customer or caused by the contents of the Customer’s shipment.
Art. 14. (1) BOX NOW shall have the following rights:
1. to receive the price for the Courier Services in compliance with BOX NOW’s price list;
2. to refuse the Acceptance of shipments which exceed the limitations for weight, size and value or are not in compliance with the packaging requirements as per Art. 11, Para. 1 hereinabove. If BOX NOW accepts for transportation a shipment which exceeds the limitations for weight, size and value or does not meet the packaging requirements as per Art. 11, Para. 1 hereinabove, the shipment is considered compliant with these General Terms and Conditions;
3. to refuse to process a shipment in case that insufficient information has been provided on the Customer (sender) or the Customer (recipient), as well as in the event that no customs declaration has been submitted, when such is required pursuant to the applicable customs provisions and/or the shipment is not accompanied by any other documents required by law;
4. to withhold or refuse to process a shipment if the Customer has not paid the relevant price according to BOX NOW’s current price list until the relevant price has been paid;
5. to refuse to process a shipment if it has reasonable grounds to believe that the shipment contains prohibited items or substances.
(2) BOX NOW shall have the following obligations:
1. to render the Courier Services in compliance with the terms contained in BOX NOW’s price list, as well as with these General Terms and Conditions;
2. to exercise due care to protect the integrity and contents of the shipments;
3. to maintain the confidentiality of correspondence during and after the service;
4. to review reclamations submitted by Customers and to compensate Customers pursuant to Section VII of these General Terms and Conditions.
VII. LIABILITY OF BOX NOW. RECLAMATIONS AND COMPENSATIONS.
Art. 15. (1) BOX NOW shall owe compensation to the Customer in the following cases:
1. proven lost, stolen, robbed or damaged, in whole or in part, domestic and international shipments;
2. postal parcels returned to the Customer (sender), when the non-delivery thereof is not motivated;
3. failure to meet the delivery deadlines specified in BOX NOW’s current price list.
4. failure to meet the deadline for return the payment on delivery to the Customer (sender);
(2) BOX NOW shall not be liable:
1. for damage or destruction of a shipment resulting from force majeure;
2. when the shipment cannot be tracked due to the destruction of the service documents for it by force majeure;
3. when the damage or destruction of the shipment occurred due to the fault of the Customer (sender) or results from the nature of the contents of the shipment;
4. for consignments containing prohibited items or substances which have therefore been seized or destroyed by the competent authorities in accordance with established procedures;
5. when due to an incomplete or incorrect data in the bill of lading the shipment is not delivered to the Customer (recipient) or is delivered to another person;
6. when the Customer has not filed a written claim of reclamation within the statutory period;
7. for unclaimed shipments for more than 6 (six) months;
(3) In the cases under Paragraph 2, items (1) and (2), the paid postal price shall be refunded by BOX NOW.
Art. 16. (1) BOX NOW determines the following amounts of the compensations:
1. for proven lost, stolen, completely or partially damaged or robbed shipments – BOX NOW shall pay compensation consisting of: (i) an amount equal to the actual value of the lost, stolen, damaged or robbed shipment as evident from documents provided by the Customer certifying the value of the shipment and the damage (such as purchase price invoices) or in the lack of documents about the value of the shipment – an amount equal to its market value determined by BOX NOW based on publicly available information, but in any case not exceeding the amount of BGN 800 (eight hundred leva) per shipment, and (ii) refund of the paid postage price for the specific shipment;
2. for postal parcels returned to the Customer (sender), when the non-delivery thereof is not motivated, the compensation shall be in the amount of the price paid for the service according to the price list in force at the time of Acceptance of the shipment;
3. for delayed shipment, the compensation shall be in the amount of the price paid for the service according to the price list in force at the time of Acceptance of the shipment; compensation shall not be due if the delay is due to an event of force majeure.
4. for failure to meet the deadline for return the payment on delivery to the Customer (sender), the compensation shall be in the amount of the price paid for the service “payment on delivery” according to the price list in force at the time of Acceptance of the shipment;
(2) The Customer unconditionally accepts the aforementioned amounts of the compensations and waives any further claims against BOX NOW for any damages or lost profits, regardless of the cause.
(3) The liability of BOX NOW is expressly limited to the amounts specified in Para. 1 hereinabove, and in no event shall BOX NOW be additionally or otherwise liable for any damages of any kind whatsoever, regardless of the cause (including, but not limited to, any damages or loss of profits, intangible damages, etc.). By limiting the liability of BOX NOW hereinabove by providing a lump sum compensation in accordance with Para. 1 hereinabove, all claims of the Customer (sender) and/or the Customer (recipient) arising from the provision of the Courier Services shall be considered covered.
(4) In all cases BOX NOW shall be exempt from any liability for any reason whatsoever in connection with non-performance of the Courier Services if neither the Customer (sender) nor the Customer (recipient) has filed a claim of reclamation with BOX NOW within the statutory period of 6 months as of the date of Acceptance of the postal parcel.
Art. 17. (1) The Customer shall be entitled to reclamation, as the reclamation may be made by the Customer (sender) or the Customer (recipient).
(2) Claims of reclamation for the Courier Services must be made in writing and received at the following address: email@example.com, within the statutory period of six months from the date of Acceptance of the parcel.
(3) The claims of reclamation must be detailed and supported by evidence and must contain attached proof of the claimed damage (bill of lading, purchase invoice, etc.). Within one month - for internal parcels, and three months - for international parcels, BOX NOW shall notify the claimant in writing of the results of the inspection.
(4) Payment of compensation, in the event of a claim of reclamation being accepted by BOX NOW, shall be made within one month of the date of notification by BOX NOW to the Customer that the latter’s reclamation has been accepted.
Art. 18. (1) Disputes between BOX NOW and the Customer shall be resolved through direct negotiations between them. In the event of failure to reach an agreement, either party may refer the dispute to the competent Bulgarian court.
(2) If the claim of reclamation of the Customer under Art. 17 above is rejected in whole or in part or is left without response within the time limit set by Art. 17, Section (3) above, the complainant may approach the Communications Regulation Commission with a written request to give an opinion on the dispute. The Communications Regulation Commission shall pronounce on the request made within thirty days after receipt of the said request and shall notify the parties to the dispute in writing of the opinion adopted within three days after the date of the decision.
(3) If the claim of reclamation under Art. 17 is rejected in whole or in part or is left without response within the time limit set by Art. 17, Section (3) above, the complainant may bring an action before a court of law without a need of complying with the provision of Art. 18, Section (2) before that. Alternatively, an action for settlement of the dispute may be brought before the court after application of the provision of Art. 18, Section (2) above.
(4) If the Customer is a “consumer” in the meaning of the Bulgarian Law on Consumer Protection, the following information is provided for him/her about alternative dispute resolution mechanisms:
For the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.
BOX NOW falls in the scope of activity of the following alternative dispute resolution (ADR) entities:
- Conciliation Committee for disputes in the sector of postal services within the Commission for Consumer Protection (website: http://www.kzp.bg);
- “Consensus” Alternative Dispute Resolution Centre (website: https://mediationcenter.bg/cacr);
- ‘NAIS’ Alternative Dispute Resolution Centre of the National Association for Extrajudicial Settlements (website: http://www.nais.bg).
BOX NOW is neither willing nor obliged to participate in any alternative dispute resolution proceedings before any ADR entity.
Art. 19. The parties agree that they recognize the legal effects of advanced and simple electronic signatures as equivalent to handwritten signatures in their relations to which these General Terms and Conditions apply.
Art. 20. In the relations between BOX NOW and the Customer, regulated by these General Terms and Conditions, the law of the Republic of Bulgaria shall apply.
For additional information the Customers may contact the client services department of BOX NOW via telephone at 070070744 or via email: firstname.lastname@example.org.