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GENERAL TERMS AND CONDITIONS
of the agreement with the clients of specialized postal services provided by MBE Bulgaria OOD, in accordance with the issued registration certificate for specialized postal services No. 0256/10.05.2021, approved by a decision of the Communications Regulation Commission No. [decision number]/[date]
Section I. General Provisions
- These General Terms and Conditions of the contract with the clients of courier services included in the scope of the specialized postal service offered by MBE Bulgaria OOD (Operator), henceforth known as General Terms and Conditions, shall establish the terms and conditions for the provision of such services by the Operator and shall outline the rights, duties, and liabilities of the parties involved in the execution and utilization of said services.
- A client of the specialized postal services provided by the Operator may be any individual or entity utilizing the services either as a consignor or a consignee.
- A consignor refers to an individual or an entity that sends a parcel.
- A consignee refers to the designated Consignee, either an individual or an entity, as specified in the parcel's delivery address.
- Clients may acquaint themselves with these General Terms and Conditions:
5.1. at any office of the Operator, where these General Terms and Conditions are prominently displayed and readily accessible; and
5.2. on the Operator's website at www.mbe.bg, where they are made available in digital format.
- The parties involved in this Agreement, as stipulated in clause 1 herein, may negotiate additional terms and conditions for the delivery of specialized postal services, and they shall sign an individual agreement therefor, an essential component of which are these General Terms and Conditions. Any terms and conditions not specified in the separate agreement shall be subject to these General Terms and Conditions of the Operator. If the parties agree on terms and conditions for the provision of specialized postal services that deviate from those outlined in these General Terms and Conditions, the former shall prevail, the newly established stipulations shall take precedence, even if the original stipulations are not explicitly rescinded.
- Upon signing the documents required at the time of acceptance of the parcels by the Operator, Clients confirm their understanding and agreement with the contents of these documents, thereby accepting and consenting to these General Terms and Conditions.
- The signatures may be as follows:
8.1. A handwritten signature affixed to a paper copy of the documents;
8.2. A digital signature affixed to an electronic rendition of the documents, eliminating the requirement for physical printouts.
- The electronic signature – whether standard, enhanced, or certified, carries the equivalent weight of a handwritten signature. A digital signature, affixed by the Client on a device of the Operator, equipped with a software application, which converts the Client’s signature into digital graphic representation and incorporates it into the framework of the electronic document, precluding any potential alterations or modifications, shall carry the equivalent weight of a handwritten signature affixed on a paper copy of the document. The original electronic document is stored in the Operator's database and cannot be altered or modified. As per the Client's request, they may receive a duplicate of the document at the email address provided by them, or as a physical printout.
- In conjunction with these General Terms and Conditions, the stipulations of the Universal Postal Union's ratified and officially promulgated acts shall govern international parcels, either originating from or destined to a foreign country. International parcels shall undergo customs scrutiny in accordance with the Customs Law and its associated Implementing Regulations.
- The Postal Services Act (PSA) and the legal framework of the Republic of Bulgaria shall govern any events and concepts not explicitly defined within these General Terms and Conditions.
Section II. Scope and Characteristics of Services
- The Operator shall provide specialized postal services within the meaning of the Postal Services Act.
- The Operator shall provide the following specialized postal services:
13.1. Courier services:
13.1.1. Delivery of domestic non-palletized parcels within the territory of the Republic of Bulgaria, including delivery of domestic or incoming international parcels assigned by another postal operator;
13.1.2. Delivery of international non-palletized parcels via land or air transportation;
13.1.3. Delivery of domestic or international palletized parcels;
13.2. Supplementary services to courier services:
13.2.1. "Declared Value" – the Operator's agreed higher liability up to the Consignor's declared value of the parcel contents in the event of loss, theft, or damage;
13.2.2. "Delivery Notice" – a mutually agreed supplementary service where the Operator notifies the Consignor upon the successful delivery of the parcel to the Consignee, or an individual authorized by the Consignee;
13.2.3. "Advice of Delivery" – procuring a document, signed by the Consignee in his own hand, ensuring the parcel's acceptance;
13.2.4. "Open/Open Before Payment" or "Examine/Examine Before Payment" - delivery of a parcel where the Consignor expressly permits the Consignee to inspect or test the parcel upon delivery;
13.2.5. "Stowage" – refers to a parcel’s retention in the Operator's office after two (2) business days from the date of sending a notification to the Client via a short text message (e.g., SMS, Viber message), telephonic conversation, or electronic mail, that the parcel is available for delivery in the relevant Operator's office. This includes the return of a parcel not delivered due to reasons beyond the Operator's control.
13.2.6. "Packaging" – an agreed supplementary service, wherein the Operator, upon the Client's solicitation, provides various categories of materials for parcel packaging.
- The Operator reserves the right to discontinue certain basic or supplementary services or introduce new services in accordance with market supply and demand.
- These General Terms and Conditions govern the courier services, part of the scope of the specialized postal services, offered by the Operator within the territory of the Republic of Bulgaria. This service is facilitated through a postal network comprising of stationary postal stations, mobile postal stations, postal agencies, and outpost counters, along with transport and technical resources. The components and resources of the postal network are organizationally and technologically interconnected to facilitate the receipt, transit, and delivery of parcels.
- By signing the delivery note, the Consignor declares that they are familiar with these General Terms and Conditions and commits to abide by and adhere to them.
Section III. Access Conditions. Signing and Fulfillment of the Courier Service Agreement
- The Operator conducts its operations under the principles of fairness and transparency.
- The Operator guarantees equal access for all Clients to the services offered through the Operator’s network.
- The operating hours of the access points encompass all business days and are determined by the Operator. These hours will be visibly displayed at the respective location for the convenience of the Clients, as well as on the Operator's online portal at www.mbe.bg.
- The agreement as mentioned in Clause 1 shall comprise of these General Terms and Conditions and a delivery note filled in by the Client, or under the Client's directive, and is assumed to be finalized upon the Operator's receipt of the package at the access points or by an Operator's employee at the designated address.
- The delivery note is a document bearing a unique identifier, filled out in accordance with the Operator's template either on paper or in a digital format within the Operator's electronic system, and it validates the finalization of the agreement and the services rendered under it. In instances where the delivery note has been completed by the Operator based on the Client's instructions – the Consignor shall receive a copy upon parcel delivery and shall have the right to examine the contents and request rectification of any errors or oversights at that time.
- In the context of the relationship between the parties, it is assumed that at the moment of delivery of the parcel, the Client:
22.1. Confirms the accuracy of the data provided in the delivery note, inclusive of the declared contents of the parcel;
22.2. Acknowledges the services requested and agrees to the conditions of delivery and remittance;
22.3. Provides personal information for the processing required for the execution of the courier service agreement and the legal obligations of the Operator;
22.4. Assumes liability for the consequences of declaring false or incomplete information;
22.5. Consents to the handling of their parcel the Operator's obligations (opening and checking of the contents in the cases provided for by law and these General Terms and Conditions, repackaging, verifying weight to establish the tariff weight, re-tariffing in the event of identified discrepancies with the declared information, etc.);
22.6. Confirms familiarity with these General Terms and Conditions and their incorporation into the courier service.
- The agreement referred to in paragraph 1 shall be deemed fulfilled:
23.1. Upon the delivery of the parcel to the Consignee or their representative and the completion of the supplementary service (if any), verified by the signatures of the Consignee or their nominee and the Operator on the delivery note.
23.2. With the return of undelivered items to the Consignors;
23.3. With the destruction of a parcel in accordance with clause 63 of these General Terms and Conditions.
- Upon the establishment and fulfillment of the Agreement stipulated under clause 1, shall implement a Privacy Policy (Privacy Notice), which the Clients may review in any office of the Operator, where it is prominently displayed and easily accessible, as well as on the Operator's website, at www.mbe.bg, where it is published in an electronic format.
- To improve and ensure the quality of the services offered, telephone calls between the Operator and Clients may be recorded, and video monitoring may be implemented within the premises of the Operator.
Section IV. Service Quality and Efficiency Requirements
- The Operator shall ensure the quality of the services provided by taking the necessary measures to:
26.1. Safeguard the integrity of the parcels;
26.2. Preserve the privacy of the Clients' correspondence, during and after the postal service;
26.3. Enforce postal security requirements and ensure the safety of the postal network;
26.4. Protect the Clients personal data;
26.5. Secure postal traffic and prevent the inclusion of forbidden items and substances in courier parcels;
26.6. Provide support in the prevention and identification of infractions and criminal activities perpetrated against or via the postal network.
- The Operator shall not:
27.1. Appropriate parcels;
27.2. Open parcels, except with the written agreement of the Consignor or the Consignee, if there is substantial reason to suspect that the received parcel contains forbidden items or substances, or upon the directive of the competent state authorities following the established procedure;
27.3. Remove from the contents of opened parcels;
27.4. Hand over the parcels to third parties for the purpose of revealing their contents, except with the written consent of the Consignor or Consignee, if there is sufficient reason to believe that the received parcel contains forbidden items or substances, or by order of the competent state authorities following the established procedure;
27.5. Disclose details and information about the parcels and their content, except to the Consignor and the Consignee, or to individuals authorized by them, as well as upon the directive of the competent state authorities following the established procedure;
27.6. Reveal information on postal traffic between individuals, except to the competent state authorities in accordance with the established procedure;
27.7. Disclose Clients’ personal information to third parties, except to the competent state authorities in accordance with the established procedure.
- The Operator shall implement all necessary measures and actions to preserve and protect the parcels, the Operator's property, and the life and health of the employees and the Clients.
- The Operator shall ensure efficiency in the delivery of services by maintaining an optimal balance between quality, cost, and speed in the delivery of parcels as follows:
29.1. The collection time for parcels from the Client's address will be determined based on the time of parcel request, the location of the address, and the presence of the Operator's office in the locality;
29.2. The delivery terms for parcels will be determined by the type of service and direction and will be adhered to by the Operator provided that the details specified by the applicant in the delivery note (name, address, and mobile phone number for contact with the Consignee) are complete and accurate;
29.3. The handling of claims and the disbursement of indemnities shall be conducted under a non-restrictive and streamlined process.
Section V. Stipulations for the Receipt and Dispatch of Courier Parcels. Format, Dimensions, Weight, and Packaging Prerequisites for Parcels.
- The goods shall be accepted/delivered by the Operator from/to the Consignor/Consignee in accordance with the agreement under clause 1 at a designated location or at a point of access to the Operator's postal network.
- Limitations in the execution of the service, imposed by the relevant authorities, force majeure or other extraordinary circumstances shall be communicated to all Clients via a notification on the Operator's website, at www.mbe.bg, or to the concerned Client during the acceptance of the parcel and the issuance of the delivery note.
- Parcels will be received/distributed during the Operator's business hours, which will be prominently displayed at each of the Operator's offices and on the Operator's online platform at www.mbe.bg.
[SIC!]32.1. The Operator will establish the mandatory requirements regarding the form, minimum and maximum size, weight, and packaging method of courier parcels.
- For domestic non-palletized parcels – services are provided for the following types of parcels:
33.1. Standard parcels, including:
33.1.1. Document parcels – parcels containing documents with a maximum tariff weight of 0.5 kg and A4 size;
33.1.2. Package Parcels – parcels composed of one or more components with a total weight of up to 50 kg. The maximum dimensions of each parcel component are 90 cm x 90 cm x 90 cm; and
33.1.3. Non-palletized parcels – parcels composed of one or more components with a total weight of 50 kg to 1000 kg. Each component of the parcel may have a maximum dimension of 90 cm x 90 cm x 90 cm; and
33.2. Oversized parcels – parcels containing one or more components with dimensions greater than 90 cm x 90 cm x 90 cm, regardless of weight. Non-standard parcels will only be accepted after the Operator approves the request.
- For international non-palletized parcels: services are provided for single-package parcels. The maximum tariff weight per package is 31.5 kg. Parcels to be delivered by land transport are accepted if they have minimum dimensions of 22.9 cm x 16.2 cm, maximum length (longest length of the package) of 175 cm, and maximum dimensions (sum of the length + twice the sum of the height and width of the package in cm) of 300 cm. Parcels delivered by air will be accepted if they have minimum dimensions of 22,9 cm x 16,2 cm and a maximum tariff weight of 3 kg. Parcels with different dimensions or weight are accepted only after the Operator confirms the request.
- Regarding palletized parcels – services are provided for the following categories of parcels:
35.1. Standard parcels – pallet with a base of 120 cm. x 80 cm., maximum height up to 180 cm. and maximum tariff weight up to 800 kg.;
35.2. Non-standard parcels – a pallet of a size, height or maximum tariff weight that does not conform to the standard ones under clause 35.1. Parcels of a size, height or maximum tariff weight that deviate from those standards under clause 35.1 shall be accepted only after the Operator has confirmed the request.
- The tariff weight of the parcel shall be determined in the manner specified in clause 68 of these General Terms and Conditions.
- All parcels, once accepted, may be weighed and measured at the Operator's warehouses. If a discrepancy arises with the weight and dimensions provided by the Client or as per their instructions, the Operator shall perform an ex officio adjustment of the delivery note and re-tariffing. The Client shall pay a service fee that corresponds to the actual tariff weight of the parcel according to the Operator's current Tariff.
- The packaging and sealing of parcels must be suitable for their volume, weight and contents to ensure their protection from damage as well as the protection of other parcels transported by the Operator. The Operator shall accept parcels with appropriate packaging that does not jeopardize the contents of the parcel or the integrity of other parcels. If the parcel is accepted for transportation by the Operator, it is considered to be suitably packed.
- The provision of suitable and secure packaging and sealing of the parcel is the responsibility of the Client and is at their expense, regardless of whether the Client opts to purchase packaging from the Operator or use their own.
- For domestic and international parcels containing "jars", "bottles" or other glass or fragile containers holding liquid, the use of the Operator's packaging designed for the respective purpose is mandatory.
- Documentary items delivered by international service must be packed by the Consignor in a cardboard envelope.
- Individual packages may not be combined into a single parcel by attachment with packing tape unless placed by the Consignor in a single larger and sufficiently robust carton (box or crate).
- The Operator does not guarantee the preservation of the appearance of the commercial packaging of goods contained in a courier parcel if the same is not secured by additional outer carton packaging.
- The Operator offers packaging of various types, including but not limited to envelopes, cartons, wine shipping boxes, jars, stretch wrap and bubble wrap. Packaging shall be made available to the Client upon the Client's explicit request and remittance of the appropriate price as stated in the Operator's Tariff.
- When executing international courier services, the Operator will act as an authorized representative of the Consignor and/or the Consignee when necessary for customs control and processing purposes. Parcels with a customs value exceeding that specified in the applicable customs legislation and those to/from the UK and/or countries outside the European Union, regardless of their value, are subject to customs processing and the remittance of additional fees, duties and taxes in accordance with the relevant customs legislation and the customs authorities reserve the right to assess and alter the declared customs value.
- The Consignor is required to complete or provide all necessary documents for the countries the parcel is accepted, transported, or delivered to. Such documents must be attached to the parcel.
- Requests for a courier to visit the Client's specified address are accepted during the Operator's business hours and will be fulfilled within two business days following the processing of the request. The exact timing of the visit is not predetermined and will be determined by the Operator based on the location of the address and the availability of the Operator's local office. Requests made after 3:00 p.m. or for remote locations without daily service may be processed on the next business day.
- The Client is responsible for ensuring that the parcel is prepared for delivery when the courier arrives. The courier shall not have to wait at the address for more than 15 minutes. If the parcel is not ready for collection within this time, the Client must submit a new request and await another courier visit.
- The acceptance and delivery of palletized parcels are conducted from ramp to ramp, with the Client being responsible for organizing the loading and unloading works.
- Upon acceptance of a parcel, all details on the delivery note, including those of the Consignee, must be completed by the Consignor or as instructed by the Consignor. The Client, acting as the Consignor, can request courier service by: making a request on the Operator's website at www.mbe.bg; completing a Delivery Form at the Operator's office; or sending a request to the Operator's email address: office@mbe.bg. The Consignor must provide at least the following information: parcel contents (documents, clothes, equipment, etc.), Consignee details (full name, phone number, email address, and for legal entities, the company name and uniform identification code), and the exact delivery and pickup addresses (town, postal code, district, municipality, street, residential district, building, number, entrance, floor, etc.). The Consignor may also provide the following: details of an authorized person for parcel delivery (full name, phone number, email), use of supplementary services, and any additional notes or comments. The Operator is not liable for any inaccuracies or errors in the data provided in the request.
- The Operator does not commit to validating the accuracy of the information provided by the Consignor or as directed by the Consignor.
- The Operator retains the right to manage and execute the receipt, processing, rerouting, transportation, and delivery of parcels at its discretion and under the terms of operational independence, utilizing routes, transportation methods, centers, or subcontractors as it sees fit, provided this does not necessitate an additional cost to the Client or breach the agreement between the parties.
- The delivery of courier items will be conducted at the Operator's offices or at the Consignee's address, against a handwritten or electronic signature in accordance with clauses 8 and 9 of these General Terms and Conditions. The courier service to a specific address will include one visit to the Consignee's address, and in the event of unsuccessful delivery due to a reason the Operator is not accountable for, the parcel will be stored at the nearest office of the Operator and the Consignee will be informed via email or the provided contact number about the opportunity to collect it from the relevant office of the Operator within the period until its return to the Consignor.
- Parcels shall be delivered to:
54.1. The individual identified as the Consignee in the delivery note, and in their absence at the address, after agreement with the Consignee – an individual who is at the address and accepts the parcel against signature (a member of the Consignee's household, another individual present at the time of delivery, or a doorman, security guard, reception desk clerk – when the Consignee's address is in a residential or administrative building where outsider access is restricted) – in the case the Consignee is an individual;
54.2. At the address on the delivery note, and when the address is situated in a building with restricted outsider access – the parcel may be delivered to the reception, security, concierge, clerk – if the Consignee is a legal entity;
54.3. To a parent or legal guardian of the Consignee, upon presentation of documents verifying their status – in the event the Consignee is a minor;
54.4. To an individual expressly authorized by the Consignee or by the Consignee's parent or guardian – in the event of authorization by the Consignee.
- In all instances where the Consignee is not specifically identified by an identity document, the Operator shall request, record, and store the name of the individual who received the parcel.
Section VI. Parcels Delivery Time Limits
- The Operator commits to delivering each courier Parcel within the specified time frames outlined below, contingent upon the Consignor providing complete and accurate details in the delivery note – including the name, address, and phone number of the Consignee. The day of Parcel acceptance is not included in this count.
- Delivery timelines for parcels will be determined based on the type of services and the respective destination as follows:
57.1. Delivery of domestic non-palletized items to locations with an Operator's office – one (1) business day;
57.2. Delivery of domestic non-palletized Parcels to locations without an Operator's office – as per service schedule within three (3) working days;
57.3. Delivery of international non-palletized Parcels via land transport will be completed within seven (7) business days, depending on the area of the address. The stated delivery time for international parcels addressed to remote locations, subject to customs processing, with an inaccurate/incomplete address or without a specified phone and email address for contact with the Consignor and Consignee, as well as addressed to a location in Bulgaria without daily service, may be extended accordingly.
57.4. Delivery of international non-palletized parcels via air transport will be completed within seven (7) business days, depending on the area of the address. The stated delivery time for international parcels addressed to remote locations, subject to customs processing, with an inaccurate/incomplete address or without a phone and email address for contact with the Consignor and Consignee and addressed to a location in Bulgaria without daily service, may be extended accordingly.
57.5. The delivery of domestic palletized parcels shall be completed within two (2) business days in the event of delivery to an office or to an address at a location with daily service, and in other cases – within three (3) business days.
57.6. Delivery of international palletized parcels shall be completed within seven (7) business days,
and the Operator reserves the right to introduce services with shorter terms.
- When the Operator needs to send a notice regarding the delivery of a parcel to a Consignee or Consignor, it may be done in one of the following ways:
58.1. By a phone call/text to the Consignor's or Consignee's mobile phone number specified by the Consignor upon delivery of the parcel or specified as the method of correspondence between the Operator and the Consignor/Consignee;
58.2. By an email, the address of which is provided by the Consignor when delivering the parcel or specified as the method of correspondence between the Operator and the Consignor/Consignee;
- If the Consignee rejects a parcel, this rejection will be noted by the Consignee on the delivery note accompanying the parcel and signed. If the Consignee rejects this, the Consignee's rejection of a parcel will be certified by an officer of the Operator who will record the rejection and sign it.
[SIC!] 59.1. Consignees of courier parcels may authorize other individuals to receive them in writing. In such instances, the parcel will be handed over to the authorized individual upon presentation of a specific power of attorney and an identification document.
- In the event that the Operator is unable to deliver a Parcel due to the Consignee's refusal to accept it, due to the Consignee's absence, or due to unknown status at the provided address, the Consignee's death, incorrect, incomplete or non-existent delivery address, or the Consignee's failure to claim the parcel after notification by the Operator, among other objective reasons, the Operator will return the parcel to the Consignor at the Consignor's expense. In this scenario, the parcel will be redirected ex officio to the Operator's office and returned to the Consignor after a period of five (5) working days, with the Consignor being responsible for the remittance of the service in both directions. The Operator will not be held accountable in the event of the Consignor's refusal to accept the returned parcel, or in the event of failure to deliver the parcel to the Consignor.
- Redirection of a parcel to a new address, to a different Consignee or under different service parameters will be executed upon the Consignor's/Consignee's request and will be considered a new service request subject to separate remittance. In the event of redirection, a new delivery note will be issued automatically in accordance with the altered service parameters.
- Parcels that remain unclaimed or undelivered within the time frame and under the conditions specified in clause 60 of these General Terms and Conditions will be stored by the Operator for an additional period of ten (10) days, after which the parcel will become the property of the Operator. The Operator will then have the right, as owner, to sell or destroy the parcel.
- Destruction of the courier parcels referred to in clause 62 will be executed by a report of a committee composed of three employees of the Operator in the following manner:
63.1. Documentary parcels will be shredded manually or by specialized paper shredding machines;
63.2. Items in small packages and parcels that can be sold will be sold in a commercially appropriate manner, with the proceeds, after deducting the costs of sale, remaining for the benefit of the Operator;
63.3. Items not sold under 63.2 will be disposed of in an appropriate manner.
Section VII. Prices and Remittance Method
- The Operator will establish the prices of the services it provides in accordance with supply and demand, submitting them to the Communications Regulation Commission for information within ten (10) days before their implementation.
- All prices for the services provided by the Operator will be contained in the Operator's Tariff for the provision of services, which will be announced to Clients through:
65.1. Posting in a prominent and accessible place for Clients in each office of the Operator;
65.2. Publication on the Operator's website, at www.mbe.bg;
65.3. Provision upon request in paper or electronic format.
- In determining the price of each courier service (including supplementary services), the Operator's Tariff in effect at the time of acceptance of the parcel shall apply.
- The prices for courier services (excluding supplementary services) include a fuel surcharge. The fuel surcharge will be updated at the beginning of each week based on the retail price of diesel fuel on the last day of the preceding week. The current fuel surcharge by service is disclosed and available at any time on the Operator's website at www.mbe.bg.
- Each parcel will be assessed by its actual weight and its dimensional weight. The dimensional weight will be calculated at a ratio which, at the time of these General Terms and Conditions being adopted, is 1 cubic meter = 200 kg. The tariff weight of the parcel, which will be the basis for charges, will be the greater of the actual weight and the dimensional weight. The Operator reserves the right to perform a control measurement and re-tariffing of the service if it identifies a discrepancy between the parcel and the data provided by the Client when preparing the delivery note, or a dimensional weight higher than the actual weight.
- The Operator reserves the right to determine and incorporate into the courier service price additional fees and surcharges to the base price resulting from the specific conditions of the service (e.g. when opting for delivery to/from a specific address), processing (e.g. for processing heavy parcels or loading and unloading operations, clarification or correction of an incorrect/incomplete address of the recipient after accepting the delivery), or the delivery (i.e. to specific addresses or remote/difficult to access destinations, for toll charges, for delivery on partial working days or on public holidays), and these will be detailed by type and value in the Operator's Tariff.
- The fees for the services can be remitted in cash, or by using a debit or credit bank card, or by bank transfer, or by any other method specified in a separate agreement between the parties.
- The services can be remitted by the Clients using the officially accepted means of exchange in the Operator's system – vouchers for prepaid services, discount coupons. For each of these means, the Operator clearly states the rules and method of their use on its website, at www.mbe.bg.
- Remittance of the price:
72.1. By the Consignor upon acceptance of the parcel, if it is at the Consignor's expense. The Consignor will pay the service fees upon delivery of the parcel to the Operator's office or upon delivery to the Operator's courier, unless remittance is agreed in a different method specified in a separate agreement between the parties;
72.2. By the Consignee upon receipt of the parcel, at the Consignee's expense. The Operator is entitled to retain the parcel until the price has been remitted;
72.3. By a third party, if this has been expressly agreed, and the Operator reserves the right to withhold the parcel until the due amount has been remitted.
Section VIII. Rights and Obligations of the Operator and the Clients
- The Operator shall undertake the following:
73.1. Ensure all Clients have equal access to the services;
73.2. Deliver the services in accordance with the terms and conditions outlined in these General Terms and Conditions and the delivery note, or as per the individual agreement, if one has been established;
73.3. Execute additional requests from the Consignor prior to the Parcel's delivery, provided they are achievable and do not interfere with the Operator's workflow;
73.4. Uphold the confidentiality of all correspondence during and after the service provision;
73.5. Adhere to the relevant laws regarding the handling of Clients' personal data during the service provision;
73.6. Display prominently and accessibly to the Clients in each of the Operator's offices: the General Terms and Conditions of the agreement with the Clients; the current Tariff of the specialized postal services; Information about the access points to the Operator's postal network where the specialized postal services are provided; the requirements regarding the format, minimum and maximum sizes, weight and the method of packaging and addressing of the items; the Operator's business hours; the prohibited articles and substances in parcels; the timelines for accepting and processing claims, the extent of the Operator's liability and the compensation payable in the event of justified claims;
73.7. Compensate Clients for any damages incurred under the conditions and amounts specified in these General Terms and Conditions or in the individual agreement between the parties;
73.8. Review and consider feedback, claims, requests, and suggestions from Clients.
- 74. Operator shall have the following rights:
74.1. Accept the compensation for the corresponding service as outlined in the prevailing Tariff or as stipulated in a separate agreement;
74.2 Require that parcels be properly packaged for shipment in accordance with these General Terms and Conditions;
74.3. Shall not accept parcels containing prohibited articles or substances;
74.4. Decline acceptance of an international parcel that is not accompanied by the necessary documentation as required by the relevant authorities of the countries through which the parcel transits for customs or border control purposes, or that does not comply with the conditions for maximum weight and minimum and maximum dimensions as stipulated in the Operator's Tariff;
74.5. Reserve the right to reject a parcel with inadequate packaging at the discretion of the Operator;
74.6. Undertake the repackaging and/or re-wrapping of parcels to ensure their content preservation, and perform control measurements of parcels to determine the accurate tariff weight and adjust the tariff accordingly in the event of incorrect weight declaration by the Consignor;
74.7. Generate independently a new delivery note for the parcel in the event of rerouting or alteration of service parameters by the Consignor or the Consignee;
74.8. In the event of suspicion of prohibited items or substances within a parcel, conduct an inspection of the parcel either in the presence of or with the written consent of the Consignor. In the event of refusal or non-response, the Operator reserves the right to decline acceptance of the parcel or to notify the prosecutor's office for inspection by the competent authorities if the parcel has already been accepted.
74.9. Organize and execute at their own discretion and under the conditions of operational autonomy the reception, processing, transfer, transportation, and delivery of the parcels, utilizing routes, modes of transport, centers, or subcontractors that it deems optimal and suitable, provided this does not result in the Client incurring an additional cost or breach the terms of the agreement between the parties;
74.10. Seek compensation from Clients for damages caused by them or their parcels to the Operator or to other parcels transported by the Operator.
- The Clients shall have the following rights:
75.1. Receive equal access to the services provided by the Operator;
75.2. Obtain information in a comprehensible format about the features and specifications of the services provided by the Operator;
75.3. Access information about the General Terms and Conditions, the Operator's Service Tariffs, the Operator's guidelines on the format, minimum and maximum dimensions, weight, and packaging and addressing procedures, the Operator's operating hours, items and substances that are not allowed in parcels, deadlines for filing claims, and compensation amounts;
75.4. Receive the agreed service without deviation from the conditions outlined in the delivery note and these General Terms and Conditions, and when a separate agreement is made – from the conditions specified therein;
75.5. File written claims in instances of damaged, lost, destroyed or stolen parcels, in cases of delivery delays, as well as to receive appropriate compensation in the amounts specified in the Operator's General Terms and Conditions when claims are justified;
75.6. Receive compensation for damages caused by the Operator in accordance with these General Terms and Conditions;
75.7. Have the parcel returned in the event of the Consignee's refusal, in accordance with these General Terms and Conditions;
75.8. For the Consignors, as the legal owners of the items and disposers – to manage the parcels by issuing orders for changes in service parameters, until the parcel is delivered to the Consignee, while being responsible for all costs incurred by the Operator in executing the orders for changes in service parameters;
- The Consignee of a domestic parcel, based on clause 75.4, is considered authorized by the Consignor to do the following: change the Operator's office selected by the Consignor for delivery, choosing from available options within the locality to which the parcel has been sent; modify the address provided by the Consignor for delivery, within the locality to which the parcel has been sent; change the delivery day specified by the Consignor, within the locality to which the parcel has been sent. Under those circumstances, if the parcel is delivered, the costs of changing the service parameters will be borne by the Consignee.
- Clients shall undertake the following:
77.1. Make a remittance for the courier service (inclusive of any supplementary services), including instances where Consignors are required to cover the service cost for items dispatched at the expense of a Consignee, should the latter refuse to make a remittance;
77.2. Furnish comprehensive and accurate details pertaining to the Consignor, the Consignee, and the contents of the parcel for the purpose of service execution;
77.3. Provide instructions upon completion of the delivery note;
77.4. Present identification documents for verification;
77.5. Adhere to the stipulations regarding content, format, weight, dimensions, type, and method of addressing as outlined in these General Terms and Conditions;
77.6. Refrain from including prohibited items and substances in parcels;
77.7. Ensure parcels are delivered with packaging and sealing suitable to their volume, weight, and contents, in order to safeguard them from damage, as well as other parcels transported by the Operator. All repercussions of non-compliance with this obligation will be borne by the Client, at their own cost, risk, and liability;
77.8. Compensate the Operator for any direct and immediate material damages incurred as a result of inaccurate or incomplete data provided, from documents, declarations, or other information, not supplied or supplied late, and as a result of failure to make a remittance for a service in a timely manner;
[SIC!] 77.9 Compensate the Operator for any damages caused by the contents of their parcels, the Courier's property/employees and/or other parcels/individuals. Liability will be to the extent of the direct and immediate material damage suffered by the Operator and, in the case of damage to other parcels, to the extent that the Operator is liable to the individuals whose parcels have been damaged.
Section IX. Carriage of Special Cargo
- Special Cargo shall mean:
78.1. Any cargo that may compromise the aesthetics and/or structural integrity of other parcels and/or pose a risk to the safety of individuals conducting transport and unloading procedures;
78.2. Any cargo necessitating specific packaging to ensure its safe transportation by the Operator;
78.3. All cargo processed within the Operator's system under distinct instructions for the method of transport (direction, do not fold, do not invert);
78.4. All chemical substances intended for laboratory use;
78.5. Vaccines and prepared dosage forms and substances for humanitarian and veterinary medical purposes;
78.6. Paints, varnishes, glues, oils and other pigments packaged in cans, tanks, tubes and boxes;
78.7. Perfumery goods;
78.8. Previously owned machine components and/or parts that contain or have contained liquids and fractions, the leakage of which may compromise other parcels in transit;
78.9. Batteries filled with electrolyte;
78.10. All parcels containing liquids.
- Special Cargo shall be accepted by the Consignor for transport only in a form and packaging that ensures it will not compromise or stain the aesthetics and structural integrity of the packaging and the contents of other parcels and does not pose a risk to the safety of individuals conducting the transport and unloading operations.
- The Operator accepts the parcel by repackaging it at an additional cost to the Consignor/Consignee. In doing so, the Operator assumes responsibility for its transport and ensures that it will not cause damage to other parcels and will be transported safely.
Section X: Prohibited Articles and Substances
- The inclusion of the following items and substances in domestic and international parcels is strictly forbidden:
81.1. Narcotics, psychotropic, and poisonous substances;
81.2. Firearms, ammunition, pyrotechnic materials, explosives, incendiary or other hazardous substances or objects;
81.3. Objects that violate moral standards;
81.4. Items and substances that, due to their nature or packaging, could endanger the life or health of the Operator's employees or other individuals, or could contaminate or damage other parcels and facilities;
81.5. Religious materials from sects and organizations that are either banned or unregistered in the country;
81.6. Movable cultural monuments without a permit or certificate;
81.7. Excise goods and tobacco waste, the possession, transfer, transport, supply, and sale of which are prohibited by the Excise and Tax Warehouses Act.
81.8. Coins, banknotes, currency tokens, traveler’s cheques, items of value to the Consignor, platinum, gold, silver, processed or unprocessed precious stones and other valuable items are not to be included in courier parcels, except for parcels of declared value.
- Other substances and items specified in international treaties, as well as items, the import and distribution of which is prohibited in the destination country, may not be included in international courier parcels, including those under the supplementary service "Declared Value", in addition to the substances and items referred to in clause 81.
- Courier parcels containing animals or perishable biological substances, including diagnostic specimens, will not be accepted if their packaging does not comply with the legislation of the Republic of Bulgaria and applicable international regulations.
- Courier items subject to a special regime will not be accepted and can only be held, transported or carried if they meet certain requirements of the regulations of the Republic of Bulgaria, unless the Consignor verifies compliance with these requirements and provides the Operator with the necessary documents for the service. The inclusion of excise goods with outstanding excise duty in domestic and international parcels is prohibited.
- If there is suspicion of prohibited articles or substances in courier parcels, or of such articles or substances the possession, carriage or transportation of which is subject to a special regime, the Operator will request the Consignor's consent to conduct an inspection by opening the parcel and examining its contents. If consent is refused, the parcel will not be accepted.
- If there is reasonable cause to believe that an accepted courier parcel contains prohibited articles or substances, or those the possession, carriage or transfer of which is subject to a special regime, the Operator reserves the right to detain the parcel and suspend delivery for inspection and/or to involve the relevant authorities.
- The Operator will not be held responsible for any lost, destroyed, stolen or damaged parcel in which the Consignor has included prohibited items specified in these General Terms and Conditions or applicable law but has not declared them to the Operator when the delivery note is prepared. In such cases, the Client is liable to compensate the Operator for the damages resulting from the violation, including penalties imposed by the competent authorities.
Section XI. Declared Value of Parcels
- Upon the request of the applicant for the courier service, the Operator may offer a supplementary service "Declared Value", wherein the Operator commits to compensate the Client for a lost, stolen or damaged, in whole or in part, parcel during the execution of the service, subject to the limited liability of the Operator and up to the amount of the declared value. The declared value cannot exceed the actual value of the contents of the parcel and is subject to verification via documents provided by the Client during the claim procedure.
- When delivering non-palletized parcels, the additional "Declared Value" service is available only for parcels that contain packages with a tariff weight up to 30 kg. For other domestic or international parcels, the additional "Declared Value" service is available without weight limit. The Declared Value of parcels may not exceed ten thousand leva (BGN 10,000), except for overland deliveries from/to Europe and air deliveries where the Declared Value may not exceed three thousand leva (BGN 3,000). For security reasons, the exercise of the “Open/Open Before Payment” or "Examine/Examine Before Payment" options on parcels with an additional "Declared Value" service may be permitted against the provision of proof of identity, and the Operator shall collect and keep the Consignee's full name and Personal Identification Number until the parcel has been accepted or rejected.
- Parcels containing mobile phones and portable computers may benefit from the supplementary service "Declared Value" only in cases where the Client has the identification numbers of the mobile phones (IMEI) or the factory numbers of the laptops and reports them the Operator at the time of dispatch. Where the contents of the parcel are “other equipment”, the Operator reserves the right, at their own discretion, to request the provision of factory or other identification data.
- The supplementary service "Declared Value" is provided only for parcels that contain items or goods that are new or under warranty. This service is not provided for parcels containing:
91.1. previously owned goods and items, except those under warranty;
91.2. money, credit cards, securities, vouchers, coupons;
91.3. documents, plans, designs, drawings;
91.4. computer, audio, video recordings and information, software;
91.5. works of art, articles of precious metals and gems;
91.6. any vehicle, other than a bicycle, packaged in factory packaging.
- For the supplementary service "Declared Value", the Operator's liability for non-performance is limited to the actual amount of direct and immediate material damage or loss caused to the Client, but not more than the amount of the declared value of the parcel. The Operator does not cover indirect and non-material damages or loss of profit. For partially damaged parcels, the Operator may alternatively, at their own discretion, cover the cost of repairing the damage (repairs made) based on an invoice or other document certifying the expense.
- When submitting a claim, the Client shall prove the value of the damage caused to them by submitting invoices, customs declarations, contracts for the purchase and sale of property, the Operator's declaration pertaining to the identification of damage upon delivery, inclusive of photographs and/or additional documents, contingent on the contents of the Parcel and the Client's entitlements thereto.
- No compensation shall be disbursed in instances where a misstated or neglected condition by the Client or other conduct of the Client (Consignor or Consignee) has influenced the emergence of the detrimental event and/or causing the damage. No compensation shall be accorded under the supplementary service "Declared Value" if it is determined that the parcel encompasses an object or commodities referred to in clause 90 and clauses 91.1-6 and the person or entity requesting the service has not explicitly declared this fact when creating the delivery note.
Section XII: Claims and Compensation Procedures
- A claim may be filed with the Operator in relation to incomplete, incorrect, or tardy execution of the courier service agreement, inclusive of instances such as:
95.1. parcels that have been lost, stolen, destroyed or damaged, in their entirety or partially;
95.2. returned parcels where there are no justifiable reasons for non-delivery;
95.3. non-adherence to the delivery timelines for parcels as stipulated in these General Terms and Conditions;
95.4. non-compliance with other aspects of the courier service.
- The following parties shall be entitled to file claims:
96.1. The Consignor of the parcel, and after the parcel delivery – the Consignee;
96.2. Until the parcel has been received, the Consignee shall only be entitled to a Claim and/or indemnification if the Consignee has the Consignor's written consent to do so;
96.3. After delivery of the parcel, the Consignor shall only be entitled to a Claim and/or compensation if the Consignor has the written approval of the Consignee.
- The timeline for filing a claim is 6 months from the date of acceptance of the parcel.
- Upon receipt of the parcel, the Client must inspect its contents in the presence of the courier. In the event that upon receipt damage to the contents of the parcel or its packaging is discovered, an inspection report shall be drafted in two identical copies in accordance with the Operator's template, which shall be signed by the parcel courier and the Consignee. The report shall include details of the delivery time, the damage discovered and any causes thereof, if any. If the Consignee rejects signing the report, the courier shall certify said rejection.
- Claims shall be filed in writing at the Operator's office, in writing by courier or postal operator to the Operator's address, by electronic message to the following e-mail address of the Operator: office@mbe.bg. The claim shall be considered to have been duly filed submitted only when all amounts due to the Operator for services provided have been remitted without delay or deduction.
- The operator shall examine the claim and shall inform the Consignor in writing of the outcome within a one-month period for domestic parcels, and a three-month period for international parcels.
- If the claim is entirely or partially dismissed or remains unaddressed within the timeline specified in clause 100, the claimant may submit a written request to the Communications Regulation Commission for a resolution on the dispute. The Communications Regulation Commission is required to make a decision on the request within 30 days of receipt and must inform the parties involved in the dispute in writing of its decision within three days of the decision date.
- If the claim is entirely or partially dismissed or remains unaddressed within the timeline specified in clause 100, the claimant may initiate legal proceedings without adhering to the provision of clause 101. Legal proceedings may also be initiated for dispute resolution after the provision of clause 101 has been implemented.
- In the event of a valid claim by a Client for a lost, stolen, or damaged, either entirely or partially, domestic or international parcel, the Operator shall provide compensation in the following amounts:
103.1. For an international non-palletized parcel without the additional service "Declared Value" – the compensation will be equivalent to the actual value of the damage, but not exceeding BGN 100;
103.2. For a domestic non-palletized parcel without the additional service "Declared Value" – the compensation will be equivalent to the actual value of the damage, but not exceeding BGN 18;
103.3. For domestic or international palletized parcels without the additional service "Declared Value" – the compensation will be equivalent to the actual value of the damage, but not exceeding BGN 200;
103.4. For a domestic or international parcel with an additional "Declared Value" service – the compensation will be equivalent to the actual value of the damage, but not exceeding the declared value of the parcel.
103.5. For a domestic or international parcel not specified in clauses 103.1 to 103.4 inclusive – the compensation will be equivalent to the actual value of the damage, but not exceeding BGN 18.
- In the event of a valid claim by a Client for an unjustifiably returned parcel, where there is no valid reason for non-delivery, the Operator shall reimburse the fee remitted for the unfulfilled courier service.
- In the event of a valid claim for delayed delivery of a parcel submitted by a Client, the Operator shall provide compensation in the following amounts:
105.1. For a domestic non-palletized parcel – the compensation will be 10% of the courier service fee for each day of delay, but not exceeding 50% of the total fee for the entire period of delay;
105.2. For a domestic palletized parcel – the compensation will be 10% of the courier service fee for each day of delay, but not exceeding 25% of the total fee;
105.3. For international non-palletized and palletized parcels – the compensation will be 0.1% of the courier service fee for each day of delay, but not exceeding BGN 100.
105.4. For a domestic parcel under a service for delivery of incoming international parcels from another postal operator, the compensation will be BGN 1 for each day of delay, but not exceeding BGN 10 in total.
105.5. For a domestic or international parcel not specified in 105.1 to 105.4 inclusive – the compensation will be 0.1% of the courier service fee for each day of delay, but not exceeding BGN 100.
- The amount of the damage in the event of a parcel that has been lost, stolen, destroyed or damaged, either entirely or partially, shall be substantiated by the Client with invoices, customs declarations, ownership documents or other suitable written evidence that verify the actual contents of the parcel, its value and the damage incurred.
- The Operator shall reimburse the Client for the service fee only in instances where the service is not fully provided due to a reason for which the Operator is accountable.
- The Operator shall not be held responsible for delayed delivery of a parcel found to be completely lost, destroyed, damaged or looted (total loss). In this case, the Operator's liability shall be in accordance with clause 103 of the General Terms and Conditions.
- The Operator shall not be held accountable for any indirect or non-material damages suffered by the Clients, nor for any lost profits resulting from non-performance, incomplete, inaccurate or delayed execution of the courier service. The Operator's liability for damages resulting from non-performance, incomplete, inaccurate or delayed execution of the courier service agreement shall be confined to the amounts specified in clauses 103 to 105 of these General Terms and Conditions.
- The Operator shall not be held accountable for non-fulfillment, and for delayed, incomplete or inaccurate execution of the service when:
110.1. It is due to force majeure, including, but not limited to, natural phenomena, strikes, riots, anti-epidemic or other restrictive measures imposed by competent authorities, etc. The Operator will make sincere efforts to limit the default and to minimize the damage;
110.2. It is due to unexpected events transpiring during national or international transportation (for instance, the holding of the parcel for examination of its contents, due to breaches of relevant legislation, for the finalization of customs procedures of the destination country, or for the settlement of customs tariffs or other charges), the delivery timeline is automatically prolonged by the quantity of days during which the parcel was retained by the competent authorities;
110.3. Damaging or obliteration of parcels is attributable to the actions of the Consignor or is a consequence of the inherent characteristics of the parcel's contents.
110.4. The parcel includes forbidden items or substances and as a result has been confiscated or destroyed by the authorized bodies (inclusive of those in other countries through which the parcel is in transit) in accordance with the instituted rules and procedures;
110.5. In the event of an inaccurate or incomplete address or contact phone number, the parcel may not be delivered to the intended Consignee, or may be delivered to an unintended recipient;
110.6. In the event that no formal written claim has been filed within the stipulated timeline as per clause 97 of these General Terms and Conditions.
- Notwithstanding the Client's right to file a claim within the timeline stipulated in clause 97 of these General Terms and Conditions, the Operator bears no responsibility for any damage inflicted upon the Parcel in instances where the Consignee has utilized their prerogative to unseal or inspect the Parcel prior to its acceptance under the applicable supplementary services and has subsequently accepted it without reservation.
- The period for remittance of the compensation for a valid claim filed by a Client and acknowledged by the Operator shall be one month from the date on which the Operator informs the claimant of its resolution on the claim and the latter designates a bank account or an office to receive the compensation.
- Upon remittance of indemnification by the Operator equivalent to the value of the merchandise, in response to the Client's claim, the Operator assumes ownership of the merchandise, subject to said claim. The Client agrees to hand it over to the Operator prior to the disbursement of the aforementioned compensation stipulated in the mutual Agreement.
- The time limit for the remittance of compensation by the Operator under clause 113 shall be 5 working days from the date of the signed bilateral Agreement between the Operator and the Client on the amount of the claim accepted by the Operator. A draft of the Agreement shall be sent to the Client by the Operator together with the Claim Closure Notification Letter.
Section XIII: Dispute Settlement Procedure
- Any disputes arising between the Client and the Operator shall be resolved by both parties acting in good faith, via bona fide negotiations and additional covenants. In the event of an impasse, either party reserves the right to file a claim to the Communications Regulation Co