General Terms of Service
Chapter 1. Definitions
Article 1. Definitions
1.1. The terms by the present “General Terms of Service” shall be defined as follows:
1.1.1. Company or the Service Provider – “DFL GROUP” LLC, ID: 405605046.
1.1.2. Legislation – refers to the legislation of Georgia in force and the acts of the Universal Postal Union.
1.1.3. Rules – refers to the terms and conditions, policies and acts established by the Company for its services;
1.1.4. Website – refers to the Company’s website – www.delivo.ge;
1.1.5. A person/entity – refers to any natural person or legal entity, association or any other legal entity acting in accordance with the Legislation;
1.1.6. Customer – A person/entity who uses or intends to use the postal services of the company. The sender or the recipient of the parcel.
1.1.7. Sender – A person/entity, who sends the parcel and is responsible on the contents of the parcel.
1.1.8. Representative of the parcel – A person/entity, who sends the parcel on behalf of the Sender according to rules.
1.1.9. Recipient – A person/entity who receives the parcel or a person/entity who is authorized to parcel according to rules.
1.1.10. Recipient’s address – place/address, where the parcel shall be delivered.
1.1.11. Postal package/parcel – Letter correspondence, parcel, cargo, received, sent or delivered by the services of the “DFL GROUP” LLC.
1.1.12. Ordinary Parcel – the type of the parcel, which shall be sent according to demand of the Customer on the territory of the Georgia and such sent/receive/delivery is not contradicting the legislation of Georgia, the Acts of the Universal Postal Union and the rules determined by the company.
1.1.12.1. Specification of the Ordinary Parcel:
• Weight of the ordinary parcel – Up to 30 KG.
• Dimension of the ordinary parcel – No larger than 100cmX70cmX70cm, including any unit of specified dimensions.
1.1.13. Cargo – The type of the parcel, with the larger volume, any contents, goods, which is not contradicting to the legislation and present rules.
1.1.13.1. Specification of Cargo:
• Weight of the cargo – Up to 100 KG.
• Dimension of the parcel – No larger than 150cmX100cmX100cm, including any unit of specified dimensions.
1.1.14. Letter/Documentation – The type of the parcel, letter correspondence or/and any type of documentation on the paper or unity of the documentation, which shall be send/delivered by the envelope.
1.1.14.1. Specification of the letter/documentation:
• Weight of the cargo – Up to 1 KG.
• Dimension of the parcel – No larger than 35cmX28cm, including any unit of specified dimensions and no larger than a company folder envelope.
1.1.15. Registered parcel – the parcel which is registered when its received and assigned the identification number, sent or received by the signature.
1.1.16. Insured Parcel – The parcel which is the subject of insurance and where the price of the parcel is declared in advance. The price shall be relevant to the real price of the contents. The declared price by the customer shall not exceed 10,000 GEL.
1.1.17. Calendar Day – 24-hour period, from 00:00 to 24:00.
1.1.18. Business day – An 8-hour section of a calendar day, and a 4-hour section on every Saturday, except for Sundays and holidays established by legislation of Georgia. The working hours of the Business Day are determined by the company and will be available on the website and in the service centers.
1.1.19. Service fee – The specified price of the service, which could be paid by the Sender or Recipient in accordance of the amount and rule established by the company. The service price shall be paid only by the Sender: A) in case it is sent by the legal entity, with whom the individual agreement is not concluded. B) in case the Recipient is legal entity. The prices of the specified services are reflected on the website.
1.1.20. Declared price – fixed price of the contents declared by the Sender, not exceeding 10,000 GEL.
1.1.21. Service center – The facility/branch, by which the operations of the services fulfilled.
1.1.22. Verification – The customer verification with the mobile number before the parcel is sent, when the services are asked for the first time by the customer. The verification shall be made by the representative of the company, in accordance of the information provided by the customer.
1.1.23. Packaging – the packaging of the contents of the parcel in accordance of the present rules.
1.1.24. Declared price of the parcel – fixed price of the parcel’s contents declared by the Sender, not exceeding 10,000 GEL.
1.1.25. Volumetric Weight – The weight calculated in accordance of the present provisions in case the packaged parcel dimensions exceed any of the determined dimensions (length, width, height) for the corresponding type of the parcel.
1.1.26. Coverage Area – Territory or/and Territorial unit within up to 10 km where the Company has the service center
1.1.27. Non-Coverage Area – Territory and/or Territorial unit outside the coverage area.
1.1.28. Highland Regions – Territory and/or Territorial outside, which is available and placed on the website of the company in the list of the highland regions.
1.2. For the purposes of the present “General Terms of Service” the issues defined below shall be
interpreted as follows:
1.2.1. The counting of delivery term of the parcel to the Recipient’s address shall begin on the next Business Day after the parcel is received by the company within the determined period of time of the Business Day, unless otherwise stipulated by a specific rule. Specified time period shall be determined individually for each service center. Parcel received in the service center after specified time period shall be considered as received on the next Business Day.
1.2.2. The counting of storage period shall start on the next Business Day, in case otherwise stipulated by the specific rule.
1.2.3. An action with the deadline provisions can be performed until the end of the Business Day
(23:59).
1.2.4. Any time period established regarding to the parcel storage can be shortened or extended by the individual written application of the sender or recipient. The storage period can not exceed 30days. The Company is authorized to make decision regarding to mentioned provision.
Chapter 2. Preamble, Scope of Work and Data Policy.
Article 2. Scope of Work and Legislation.
2.1. The present “General Terms of the Service” represents the standard provisions of the services offered. “General Terms of the Service” stipulates the general terms regarding to services and
approaches of the services by the “DFL GROUP” LLC.
2.2. Postal-courier service agreement shall be deemed as concluded with the present standard provisions upon the parcel is received or/and the service fee is paid. “DFL GROUP” LLC is authorized to conclude the individual agreement with the customer stipulating the provisions of the services. In case of any discrepancy, the provisions of an individual agreement shall prevail.
2.3. The postal-courier services are performed according to the integral regulations and policy of the “DFL GROUP” LLC, legislation of Georgia, International agreements of acting in Georgia and the acts of Universal Postal Union.
2.4. Company remains the authorization to unliterally determine or/and change any provisions of the present “General Terms of Service” or to any company’s documentation. The final versions shall be posted on the website and is valid once upon its posted. The regulations and provisions on the day of sending shall apply on the parcel.
ARTICLE 3. REQUISITIES AND LANGUAGE
3.1. The parcel shall have the information regarding to the Sender and the Recipient. The sending form of the parcel shall be issued by the company, indicating following information:
• Identity (name, surname, id. number), telephone number, e-mail (if any) address (postal code, settlement, street name, building and apartment number).
3.2. In case the request of the additional information is determined for the specified parcel, the specified rules shall apply.
3.3. The information regarding to parcel shall be presented to the company in Georgian or English language according to demand of the customer, with the Arabic numbers.
ARTICLE 4. DATA POLICY AND ISSUANCE OF THE INFORMATION OF PARCEL.
4.1. In order to provide the offered services, the processing of the data requested in accordance of the “General Terms of Service” is necessary. Based on the specifics of the services, all the data requested on the website are necessary for the fulfillment and provision of the service.
4.2. The Customer declares his consent to provide personal information and data to the company for receiving the services and/or any part of it.
4.3. In order to improve the quality of service, the company reserves the right to change the terms of the present data policy with its own decision. All changes shall be deemed as effective immediately and are published on the website. Using the website automatically means the consent of the customer’s to the amended terms.
4.4. For the verification and/or providing the services following data shall be provided for the fulfilment of the services:
• About Sender and Receiver: Identity (name, surname, id. number), telephone number, email (if any) address (postal code, settlement, street name, building and apartment number).
4.5. The Customer has the right, at any time, without explanation, to refuse the given consent and to request the termination of the data processing and/or the destruction of the processed data. The company will provide the following in a timely manner. Such activity causes the cancellation of the verification or/and refusal on providing the future services. In case the will of the receiving the postal services, the Customer shall be obliged to remake the verification or/and provide the personal data for the fulfilment of the services again.
4.6. The written information regarding to the parcel shall be issued by the company to Recipient and/or its authorized representative by the written application. The information regarding to parcel or personal data might be issued by the decision of the court or in accordance of the legislation.
4.7. The company provides the written information with the signature of the authorized person on the blank of the company.
4.8. By the verbal or the email communication only the information regarding to the destination of the parcel shall be issued, in case the company receives the following information:
• The identification number of the parcel and/or the identification requisites of the Sender and the Recipient with the addresses.
4.9. The service provider shall not be responsible regarding to Sender’s and Receiver’s personal data correctness or its obtaining provided by the Customer.
4.10. In the service center and offices the video monitoring during the working hours is in progress. The purpose of the video monitoring is to protect: the rights of the consumers, safety and property and to improve the quality of the service. Created video materials shall be preserved no more than 30 days which shall be deleted automatically after this term without recovery/reaccess opportunity. Access to the video monitoring is limited and in the necessities the authorized department of the company shall give the concrete part of the video materials to the person on the basis of the demanded and purposes.
4.11. On the purposes of improving the quality of the services and to protect the rights of the consumers, audio monitoring is in progress during phone call between the call center operator and the consumer. All of the consumers are informed about audio monitoring before the communication via the phone. Created audio materials shall be preserved no more than 30 days which shall be deleted automatically after this term without recovery/ re-access opportunity. Access to the audio monitoring is limited and, in the necessities, the authorized department of the company shall give the concrete part of the audio materials to the person on the basis of the demand and purposes.
4.12. All the necessary information including marketing activities, implemented services, offers, news shall be provided on the costumer’s phone address, phone number and/or e-mail from the company. The costumer shall be authorized to demand the termination of marketing activities by appeal to the company at any time and the company shall be implemented no more than 7 (seven) days from the demand of the consumer. In the case of renew the personal data of the consumer, the reconsent shall be necessary.
CHAPTER 3. THE TYPE OF THE PARCELS AND THE SERVICES.
ARTICLE 5. THE TYPE OF THE PARCELS AND THE PRICES/FEES OF THE SERVICES
5.1. For the fulfilment of the services and delivery company receives, sends and deliveries following types of parcels:
• Letter/Documentation;
• Parcel;
• Cargo.
5.2. The fees of the postal services and additional services shall be determined by the company posted on the website and/or placed in the service centers of the company. The company is authorized to change the determined fees by its own discretion without the notification of the customer. The amended fees shall be available on the website and/or in the service centers.
5.3. The fees of the services could be different in accordance of the specifics of the services requested by the Sender.
5.4. The fees of the services could be paid with the cash or bank transfer. The payment could be made by the Sender or the Recipient in accordance of the prices determined by the Company.
5.5. The prices of services include VAT in case otherwise is determined for the specific service and/or by the individual service agreement.
ARTICLE 6. RECEIVING OF THE PARCEL
6.1. The receiving of the parcel could be carried out by presenting the parcel in the service center or by the courier services, after which the processing and the delivery to the recipient shall be carried out in accordance of the present rules.
6.2. The parcel shall be packaged relevantly to the contents inside by the Sender, excluding any damage during the transportation. In case the contents of the parcel is fragile, the Sender shall provide relevant marking on the packaging. Fragile content in factory packaging shall be sent without additional packaging, in case the packaging is not damaged. Any liability regarding to damage of the parcel shall be excluded in case damaged factory packaging. The company is authorized to receive the Parcel with the fragile content with inappropriate packaging, where the Sender declares consent to exclude any liability regarding to damages of the Parcel.
6.3. Upon the receiving of the parcel, the Sender could receive the packaging in case of necessity with the additional service price by the company. The responsibility of the company despite the fact of the packaging shall remain the same. The company is authorized to receive any type of Parcel with inappropriate packaging, where the Sender declares consent to exclude any liability regarding to damages of the Parcel.
6.4. The company is authorized to decline the receiving/sending the parcel in case the company considers that the parcel contains high risk of the damage packaged by the Sender. The company is entitled to mentioned authorization and the company shall not bear any responsibility regarding to damages of the parcel.
6.5. During the sending of the any type of parcel, the Sender shall take any restrictions regarding to the contents into the account, derived by the legislation and/or present rules. The accordance of the legislation and/or present rules of the contents shall be responsibility of the Sender.
6.6. The sender before the sending of the parcel shall provide accurate information. The company reflects the information regarding to parcel in accordance of the information provided by the Sender.
6.7. The sending order of Parcel can be placed by both the Sender and the Receiver. In case the order is placed by the Receiver, the Receiver is responsible for appropriate packaging, transferring to courier and all other details and activities which shall be done by the Sender, including payment of the paid parking fees and other matters, which represents the prerequisite for sending the Parcel. When the order is placed by the Receiver, all the relevant communication regarding to the Parcel shall be done to the Person/Entity who placed the order.
6.8. The Person/Entity who places the order is obliged to provide all the following mandatory information regarding to the Parcel:
6.8.1. Information regarding to Sender:
Name, Surname/Company Name (in case of representation, its identity).
ID number/Identification code
Address
Mobile/telephone number.
6.8.2. Information regarding to Receiver:
Name, Surname/Company Name (in case of representation, its identity).
ID number/Identification code
Address
Mobile/telephone number.
6.9. The Customer/Recipient is entitled to receive the delivered parcel in the service center and/or by the courier services on the address.
6.10. Upon sending the parcel the sender is authorized to choose the service including the proof of delivery, where the specified fees of the services shall be added to the service prices. The parcel with the proof of delivery implies the possibility of receiving the information regarding to delivery/non-delivery of the parcel. The information regarding to proof of delivery shall be delivered to the Sender in accordance of the parcel delivery terms and provisions determined by the present rules.
6.11. Upon the sending of the parcel relevant service fees and charges shall be indicated in accordance of the demanded services by the Customer during the sending of the parcel. The prices, terms and provisions could be different according to the type of services.
6.12. Upon the receiving of the parcel the company shall receive the information regarding to declared price of the parcel by the Sender, which affects on the service prices and terms in case of reimbursement during any damage/lost. The declared price affect on the prices of the services.
6.13. Upon receiving the parcel, the Company is entitled to re-weigh/measure the parcel in order to confirm the data declared by the Customer and/or to determine the actual details of the parcel. Postal service fees and charges are subject to change based on actual details of the parcel. The weight and volume/measures of the parcel shall be calculated with the packaging.
6.14. The dimensions of the outer corners of the parcel shall be taken into account for the calculation of the service prices and charges and not the dimensions of the contents inside.
6.15. Volumetric Weight and its terms and provisions:
6.15.1. In case the dimensions of the parcel exceed any of the determined dimensions (length, width, height) for the corresponding type of the Parcel, the company shall determine the volumetric weight of the Parcel.
6.15.2. In case the volumetric weight exceeds actual weight, the price of the services shall be calculated in accordance of the Volumetric weight. The formula of the calculation of the Volumetric weight shall be the following: (Length*Width*Height)/6000.
• Example: In case the Sender sends the Parcel, where the lengths of its outside corners are 110 CM, the width of its outside corners 80 CM and heights of its outside corners 50 CM despite its actual weight, its Volumetric weight shall be: (110*80*50)/6000=73.3 (Units to be rounded off to the nearest tenth).
Accordingly, the Parcel with the above-mentioned specification and dimensions, shall be sent within the price of the Cargo. The mentioned rule applies on all types of Parcels.
6.15.3. In case the Volumetric Weight of the parcel exceeds allowed actual weight of the Cargo or the Parcel falls into another type of the Parcel by its Volumetric Weight, the service price shall be calculated by the determined prices of the services.
6.16. In case the insured parcel (in case such services are available at the moment), the company inspects the packaging and the contents (on the surface), the sender is obliged to package the parcel in relevant form which gives the possibility to Company’s representative to inspect the parcel. The company shall not bear any responsibility regarding to technical or any detail of the parcel, which shall not be inspected by the visual inspection. The company remains a right to refuse the sending of the insured parcel, in case company considers that the packaging and contents inside of the parcel do not complies the relevant standards and/or there is a high risk of the damages.
ARTICLE 7. SENDING OF THE PARCEL AND THE REFUSEMENT OF IT.
7.1. After receiving the parcel in the relevant service center the company processes and preparing the parcel for the delivery to the Recipient.
7.2. For the delivery of the parcel, it is sorted, distributed to appropriate service center for the purposes of the delivery to the Recipient.
7.3. The parcel shall be subject of the sending in case it complies the rules of the receiving, legislation and the provisions of the present document.
7.4. The sender is authorized to declare cancellation regarding to delivery to Recipient of the parcel, in case the parcel still remains in the service center where it is operated and/or it has not been taken by the courier and/or it has not been delivered. The mentioned shall be regulated as follows:
7.4.1. In case the sender refuses to send the parcel, when the parcel still remains in the operating service center, the Sender receives the parcel and the paid fees. In the mentioned case, the Sender receives the parcel from the Service Center. In case the Sender would like to receive the parcel with the courier services, the regular service price shall apply.
7.4.2. In case the Sender refuses to send the parcel, after the parcel leaves the operating service centers, the Sender shall reimburse the service fee of the parcel returned.
7.5. The identification of the Sender shall be carried out within the following documentation: ID CARD, Passport, international passport, residency permit, driver’s license. The minimum age of a person authorized to send a parcel is 16 years.
ARTICLE 8. DELIVERY OF THE PARCEL
8.1. Based on the service chosen by the Customer, for the purposes of the delivery, the Parcel may be placed in the relevant Service Center for the receiving purposes by the Recipient or be delivered to the Recipient via the Company’s courier.
8.2. The Parcel may be delivered to the Recipient by way of receiving from the Service Center. In such cases:
8.2.1. The Recipient may visit the relevant Service Center during the working hours and receive the Parcel;
8.2.2. In accordance with the terms and rules established by this document, the Company shall ensure the availability of the Parcel for the Recipient’s to receive in the relevant Service Center;
8.2.3. A third party may receive the Parcel from the Service Center only if it provides the Company with the Recipient’s active identification document or the passport;
8.3. The Parcel may be delivered to the Recipient via the Company’s courier. In such cases:
8.3.1. The courier shall make a one-time visit at the Recipient’s Address in case the delivery is done by the courier services:
8.3.2. If it is not possible to deliver the Parcel at Recipient’s Address, the Company shall ensure, in accordance with the terms and conditions stipulated in this document, availability of the Parcel at the appropriate Service Center for the Recipient to receive it. Information about this arrangement will be written on an adhesive tape, which shall be attached to the door of the Recipient’s house or flat/building’s entrance;
8.3.3. If the Recipient’s Address allows it, the courier ensures that a notice (attached with an adhesive tape) is left at the Recipient’s Address about the non-delivery of the Parcel. Subsequently, the Recipient is obligated to personally visit the Service Center for receiving the Parcel within the specified time;
8.3.4. If the courier cannot visit the Recipient’s Address due to it being located inside a building, office or/and other similar structures that require additional actions for physical access, the courier will leave a notice tape in a visible place nearby, depending on the possibility;
8.3.5. The Company does not take responsibility for the warning left with an adhesive tape or/and the need to inform the Recipient about it, since, due to the actions of a third party, for unknown reasons, the tape may be destroyed or lost;
8.3.6. In cases when the Recipient is a legal entity, the Parcel may be delivered to the employee or/and the physical person present at the address, granted that, upon the visual inspection made by the courier, the age of such person is clearly above 16;
8.3.7. For the purposes of delivering the Parcel, the Recipient may be identified by presenting either of the following documents: identification card, passport, international passport, temporary/permanent residency permit, or driver’s license. The minimal age requirement for the physical person that can receive the Parcel is 16 years;
8.3.8. The Parcel shall not be delivered:
• To the third parties such as the neighbor or a relative, except for when such person meets the courier at the Recipient’s Address (in a flat, office, or a yard of the private house);
• To persons that, although are the family members of the Recipient, upon the visual inspection, are determined by the courier to be younger than 16 years old.
8.4. In case the Parcel could not be delivered to the Recipient, it will be transferred for storage in the Service Center chosen by the Company. The term for the free storage of the Parcel in such a Service Center is 10 (ten) Calendar Days. Within this term, the Recipient, or its representative, or an adult who, together with its own, presents the Recipient’s active identity card (or other identification document), has the right to receive the Parcel from the Service Center. After the expiration of the mentioned term, it is considered that the Recipient refused to receive the Parcel.
8.5. The Parcel with an expired storage period as per the paragraph 8.4 of this document, shall be returned to the Service Center from where it was sent. The free storage period in this Service Center for such Parcel shall be 5 (five) Calendar Days.
8.6. In the event that the Recipient or the Sender does receive the Parcel within the storage period established by paragraphs 8.4 – 8.5 of this document, the Company will communicate with the Recipient and/or the Sender by telephone, after which, in the case of confirmation by the Recipient/Sender, the Company will ensure the storage of the Parcel in either Service Center for a period longer than the terms established by paragraphs 8.4 – 8.5 of this document. The Parcel may be stored in the Service Center for no more than 30 (thirty) days, of which the days in excess of the free storage period are compensated as per the prices determined by the Company. The Parcel may only be received after the payment of the mentioned fees. The Company will carry out the actions related to the Parcel in accordance with the free terms in case the phone communication with the Receiver and/or the Sender could not be established.
8.7. If the Parcel is accepted for delivery at the Sender’s request, despite the Company not having an established coverage area at the Recipient’s address/location at the time of the delivery, the Parcel will be placed at the Service Center nearest to the Recipient’s address. The Recipient shall be authorized to receive the Parcel from a Service Center specified by The Company, in case of inability to contact the Recipient the Sender must be informed. If the Recipient agrees to receive the Parcel from the designated Service Center, the period for which the Parcel shall be stored at the Service Center is 10 (ten) days from the date of the mobile communication. If the Recipient refuses to accept the Parcel an/or upon the expiration of the storage period, the Parcel shall be returned to the Sender within 5 (five) days. In the event of non-delivery, the provisions stipulated in the General Terms of Service.
8.8. In case the service center of company is not established in the specific region and/or city, the parcel shall be sent in accordance of the decision of the company to the city, where the company has the service center. The delivery of the parcel shall be carried out from the mentioned service center to different addresses of coverage areas. The delivery terms of the parcels in the area where company does not have a coverage and in the highland regions amounts 5 (five) business day from recipient of the parcel.
8.9. After the expiration of the storage period for the Parcel, if it was sent from the Sender’s address, the Parcel shall be returned to the Sender’s address. For this purpose, the courier shall make a onetime visit in accordance with the rules put in place for sending such Parcel.
8.10. In case the Sender shall not receive the Parcel within the term provided by paragraph 8.5 of this document or/and it could not be delivered with the first try to the Sender’s address as provided by paragraph 8.7 of this document, the Company waives any liability pertaining to the Parcel and it may be transferred to the state or destroyed if its return is not possible or if it requires the Company to incur additional expenses.
8.11. In any case, the Parcel, as provided by the present document, is delivered to the Recipient only if the relevant Service Fee for such Parcel has been fully paid to the Company.
8.12. The Parcel is considered delivered:
8.12.1. By delivering it at the Recipient’s Address to the Recipient, its family member or/and a person happening to be at the address (given that, upon the visual inspection, it is determined by the courier that such person is older than 16 years);
8.12.2. By way of receiving the Parcel from the Service Center by the Recipient, its authorized representative, or a person who, together with its own, presents the Recipient’s active identity card (or other identification document).
ARTICLE 9. ADDITIONAL SERVICES
9.1. The Sender has the option to send the Parcel using the additional services provided by the Company. Beside the additional services directly defined in this Article, detailed information about other available additional services may be posted on the Website and may also be included in the table of service fees determined by the Company or presented as a separate document. Some types of parcels are subject of limitation of additional services, which shall be confirmed in each case with the Company. “Cash on Delivery” and/or “Insured Parcel” additional services shall not be used for Letter Correspondence Parcels.
9.2. If the Sender selects the additional service of “double visit” for delivering the Parcel to the Recipient’s Address (with delivery by a courier), the courier will make two visits to the Recipient’s Address instead of a one-time visit, as specified in this document. In the event of failure to deliver the Parcel during the first visit, the courier will make a second visit to the Recipient’s Address on the following Business Day. Should the second visit also be unsuccessful, the terms provided in this document for failed delivery of the Parcel shall apply.
9.3. The Company shall deliver the Parcel exclusively to the Recipient or its authorized representative. The courier/operator of the Company will verify the identity using the identity card or other identification documents. In the case of representatives, the verification will include checking the Power of Attorney granting the representative the authority to receive Parcels on behalf of the Recipient.
9.4. The additional service of “Insured Parcel” refers to sending the Parcel with insurance coverage. Such Parcel is subject to terms different from those applied to ordinary Parcels, and the Customer must provide a Declared Price in advance. The Declared Price of the Parcel as provided by the Customer should accurately reflect the real value of the Parcel and should not exceed 10,000.00 (ten thousand) GEL. Upon the receipt of the Parcel, if the Company determines that the Declared Price as indicated by the Sender is inaccurate, the Company is authorized to request a correction of the Declared Price from the Sender or/and refuse the provision of the service. The specific terms applicable to this service are determined in the relevant paragraphs of this document.
9.5. The additional service of “Cash on Delivery” (COD) refers to the service through which the Recipient pays the price of Parcel’s Contents and postal Service Fees upon receiving the Parcel. The service price of COD and/or any additional service price could be paid by the Sender or the Recipient. If the delivery is successful, the Sender receives from the Company the price paid (in cash or by card) by the Recipient for the Parcel’s Contents. The Company’s liability for the Parcel’s Contents or/and its material or/and legal defects is excluded. Neither party is authorized to contests the fact of the Company transferring the funds received from the Recipient to the Sender or/and file a claim against the Company if the transfer of funds to the Sender occurs after the delivery of the Parcel to the Recipient. In such a situation, the Recipient does not have the right to refuse delivery or request from the Company the return of the paid amount due to any defect of the Parcel.
9.5.1. While using the above-mentioned service, the Sender, in addition to other requisites as provided by this document, should also indicate its bank accounts, where it wishes to receive the funds;
9.5.2. The Company shall only receive from the Recipient the price of the Contents as indicated by the Sender and Service Fee for the Parcel (together with the fee for the additional service), and after receiving it, the Company is authorized to transfer the Parcel to the Recipient. Additionally, in case the Sender has paid the Service Fee for the Parcel or/and the fees for the additional service, the Recipient is released from the obligation to pay the Service Fee and shall only pay the price for the Parcel’s Contents;
9.5.3. If the delivery of the Parcel cannot be completed, the Parcel will be returned to the Sender in accordance with the terms and service fees provided by this document, excluding the COD price set for the Contents of the Parcel. In case of non-delivery, the Sender shall be responsible for the full amount of the Service Fee as well as the fees for the return of the Parcel, payable upon the Parcel’s return. The parcel opened by the Recipient shall not be returned.
9.5.4. For the purposes of the present additional service, the Sender may be either a physical person or a legal entity, however, the Recipient can only be a physical person.
9.5.5. For using the present service, a separate agreement may be concluded with the Sender;
9.5.6. The company is authorized to deduct the funds of any debt of the Sender without its consent in case the debt arises from the services provided by the Company.
9.5.7. While providing the additional service as outlined in this paragraph, the price for the Contents of the Parcel, paid by the Recipient to the Company, shall be transferred to the Sender in accordance with the following terms:
• If the amount is received from the Recipient through non-cash/cash payment, it will be transferred to the Sender by the Company through a non-cash payment method, by depositing the amount into the bank account provided by the Sender, no later than Monday to the reporting week of the provision of the services. In case the Monday is the holiday, the customer receives the funds on next following working day.
• The day of delivery of the postal package shall be considered as the day of providing the services.
ARTICLE 10. THE TERMS OF THE DELIVERY
10.1. In the event that the Recipient receives the parcel from the Service center, the terms of its delivery is:
10.1.1. 2 (two) Business Days from the receipt of the Parcel at the Service Center – except for the cases directly specified in this document and/or the Contents to be delivered in specified units.
10.2. In the event that the Recipient receives the parcel using the courier services, the terms of its delivery is:
10.2.1. 2 (two) Business Days from the receipt of the Parcel by the Company – except for the cases directly specified in this document and/or the Contents to be delivered in specified units.
ARTICLE 11. WITHDRAWING THE ADDITIONAL INFORMATION OF PARCEL.
11.1. If the Sender wishes to receive information confirming the Parcel’s dispatchment, the Sender, the Recipient, or/and their legal representative, have the right to contact the Company and request additional information about the Parcel. This information is provided to the Entities with whom an individual contract has been signed according to its terms.
11.2. If the Customer desires to receive additional information about the Parcel, it must be requested as an additional service at the time of sending it, in accordance with the fee determined by the Company. In such cases, the requested information is delivered to the address of the requesting Entity/Person within 10 (ten) Business Days from the day following the receipt of the relevant application and/or issued at the relevant Service Center within the same period.
CHAPTER 4. THE EXTENT OF THE COMPANY’S LIABILITY AND ITS LIMITATION
ARTICLE 12. LIABILITY OF THE COMPANY
12.1. The extent of the Company’s liability as it pertains to the provided postal services are regulated by the present rules.
12.2. The Company may be held liable in cases where direct damages are present, and it is a direct consequence of the Company’s culpable actions. The maximum amount of the Company’s liability is determined by the terms specified in this document
12.3. In any case, any claim related to the Parcel and/or request for anything specified in this document must be made within 30 (thirty) days after sending the Parcel. After the expiration of this period, it is not possible to make any demands against the Company and/or hold it liable.
12.4. The Company’s liability does not extend to alleged or/and indirect damages or/and unearned income.
12.5. Pursuant to the rules outlined in this Article, the Company shall be liable in the following cases:
12.5.1. The contents of the Parcel are damaged partially or in whole, provided that the Sender adhered to the rules of its packaging;
12.5.2. The loss or theft of the Parcel;
12.5.3. Breach of the term for delivering the Parcel to the Recipient by more than 2 (two) Business Days
12.6. The Company’s liability does not extend to the following Parcels:
12.6.1. Parcels containing prohibited/banned Contents, even if the Company received them;
12.6.2. Parcels that could not be delivered to the Recipient due to the Sender providing incorrect or/and incomplete information;
12.6.3. Parcels that lack the necessary markings or/and are packaged in violation of the Rules;
12.6.4. Parcels that were lost, damaged, or for any other reason, gave rise to liability due to the Sender’s culpable actions or failure to provide information that could have prevented the aforementioned outcomes.
12.6.5. Parcels subject to investigation, halted for inspection, arrested, or requested for destruction/confiscation by state bodies. The Company’s obligation to adhere to the terms of delivery does not extend to such Parcels;
12.6.6. The Sender/Recipient is acting in bad faith to receive compensation using the Parcel;
12.6.7. Parcels for which the Company has adhered to the terms for their delivery as per the rules and conditions established by this document;
12.6.8. Parcels affected by customs authorities’ decisions that halt or exclude the possibility of delivering the Parcel before a specific action is carried out or a circumstance is corrected. In such cases, the terms of delivery shall be postponed proportionally to the period during which the customs authorities halt the Parcel;
12.6.9. Parcels for which non-delivery or damage were caused by Force Majeure.
ARTICLE 13. EXTENT OF THE SENDER’S LIABILITY
13.1. The Sender bears full liability for the Contents of the Parcel and any consequences resulting from such Contents. This liability is not subject to any terms limiting the maximum liability.
13.2. The Sender is held liable for the following consequences caused by the Contents of the Parcel:
13.2.1. Damage to the Company’s movable or immovable assets;
13.2.2. Injury or harm to the health or body of the Company’s employees;
13.2.3. Damage to other Parcels;
13.2.4. Dispatchment of illegal materials or Contents;
13.2.5. Violation of the established rules or/and improper packaging.
13.3. If the Sender has complied with all the conditions put in place for sending a Parcel, it is exempted from liability for any damage caused by the fault of the Company.
13.4. In the event an obligation to compensate for damages arises as provided in this Article, the Sender shall compensate the damages in the amount equal to the Company’s liability towards any third party.
13.5. The Parcel that was damaged due to its improper packaging by the Sender, the Company shall hold no liability.
13.6. The Company shall hold no liability for Parcels whose Contents are damaged, but the packaging is not damaged or is damaged in a way that could not have resulted in damaging its Contents.
ARTICLE 14. FORCE-MAJEURE
14.1. Company shall not be liable for any failure or delay in fulfillment of this Agreement or of any obligation hereunder if such failure or delay is caused by Force Majeure circumstances, which occurred independently of party’s will and the party was deprived of the opportunity to fully and promptly fulfill the obligations stipulated in the agreement. Force majeure shall be interpreted as the circumstances that did not exist at the time of the conclusion of the Agreement, arose without the will of the parties, the occurrence and control of which exceeds the reasonable control of the parties, in particular technical limitations, natural disasters, acts of war, civil disturbances, lockout, decisions of local, central and judicial bodies of government, making it impossible to fulfill the envisaged actions.
14.2. The terms of the fulfillment of the obligations shall be postponed with proportion of the period of time during which it was impossible for the company to fulfill its obligations due to the force-majeure circumstances. The parties are obliged to fully restore (continue) the performance of the obligations under this agreement, after such force-majeure conditions are completed.
CHAPTER 5. THE RULES AND CONDITIONS FOR REMUNERATING THE DAMAGES
ARTICLE 15. THE DAMAGES TO BE REMUNERATED FOR THE PARCEL AND THE RULES OF REMUNERATION
15.1. In the event that the Company damages, loses, or/and the Parcel gets stolen while in the Company’s care, the remuneration for damages shall be carried out according to the rules established in this Article:
15.1.1. The damages shall be remunerated if the Sender/Recipient have complied with the obligations set forth in this document. In cases where the Sender/Recipient are in violation of the terms for sending/receiving the Parcel as provided by this document, the Company’s liability is excluded
15.1.2. In cases where there are grounds for the Company to provide compensation for the Parcel, the maximum amount of such remuneration shall be equal to the Declared Price of the Parcel (maximum amount of liability in cases where the Sender has opted to use such an additional service). The specific cases for such compensation are defined by this Article;
15.1.3. Regardless of the market or/and actual value of the Parcel, the Company shall not provide compensations exceeding the Declared Price of the Parcel. Furthermore, the Declared Price shall be compensated only in cases when the Sender has opted to use the service of Insured Parcel;
15.1.4. In case of loss of proof of receipt for the Parcel, the Company shall reissue such notice only one additional time;
15.1.5. In case the Parcel is not an Insured Parcel, the remuneration shall be made only in an amount of 50% of the Service Fee;
15.1.6. In case the Parcel is an Insured Parcel, the remuneration shall be made in an amount equal to the Declared Price as declared by the Sender;
15.1.7. In case the uninsured Parcel is partially damaged in a way that the remaining part can still be used for its intended purposes – based on the Parcel’s Contents, only half of the remuneration as provided by these terms shall be made.
15.1.8. The Sender and the Company are authorized to agree on the amount of remuneration that is less than the one provided by the terms of this document. In such cases, the remuneration shall be made for the agreed amount;
15.1.9. In the of non-delivery of the Parcel due to the Company’s fault or/and as a result of breaching the rules for delivery, the Company shall remunerate the Sender for the Service Fee. If the Sender requests it, the Parcel can be shipped for free one additional time instead of receiving remuneration.
15.2. The Company shall evaluate the terms of remunerating the damages and shall carry out the process of compensation in accordance with the terms provided in this Article if the relevant Entity/Person submits the application provided under this paragraph:
15.2.1. The subject of remunerating for the damages, when all necessary conditions are present and no circumstance requires additional research or/and receiving additional information for the Sender or/and any other third party, shall be resolved by the Company no later than 30 (thirty) days, and the relevant decision will be made;
15.2.2. In case a positive decision is made for the remuneration of damages, the Company shall make relevant compensation within 5 (five) Business Days;
15.2.3. Generally, the remuneration for damages is made in favor of the Sender. However, if the Sender wishes for the remuneration to be made in favor of the Recipient, the former is obliged to submit a written request to the Company and state its preferences. In the case of a verified Customer, documents exchanged email serve as official communication between the parties, and the Sender cannot challenge the Contents of the sent Contents, as the Sender is the one providing its email address during the Verification. In other cases, the Company is presented with an original document or notarized copy;
15.2.4. The remuneration is made through a non-cash payment by transferring the sum to the bank account.
15.3. The Entity/Person authorized to receive remuneration for damages for the Parcel, is obliged to present the Company an application regarding remuneration for damages. This application should be submitted within 30 (thirty) days from the Parcel’s dispatch. The application should be signed and contain the following:
• The identity of an applicant (name, surname or name of an organization,
personal/identification number, address, and phone number);
• Full information about the Parcel (the Sender, the Recipient, the Parcel’s number);
• The substantiated request of the Entity/person – finding the Parcel or remuneration of
damages;
• The preferred method of receiving feedback from the Company (in written – through post or
email).
15.3.1. The Company is authorized to request the copy of the applicant’s identity card, power of attorney or/and the respective authorization document;
15.3.2. The Company is authorized to request the receipt that confirms the payment of the fee for sending the Parcel;
15.3.3. Based on the Contents of the application, the Company is authorized to request documents confirming the validity of the facts presented in it
15.3.4. If the information listed above is not presented in full, the Company is authorized to reject reviewing the application/remunerating the damages.
15.4. In case, in accordance with this Article, the Entity/Person was compensated for the value of the Parcel in the manner established by this article, and later the Company finds the Parcel or it becomes possible to return it, the Company will notify the Sender. If the Sender wishes to return the Parcel, it has the right to do so only if it returns the remuneration received from the Company to the latter. The Sender should communicate this decision to the Company no later than within 5 (five) Business Days from when the Company informs the Sender that the Parcel was found. If the Company does not receive a response within said period, the Parcel shall become the Company’s possession or/and that of an Entity’s/Party’s as nominated by the Company.
15.5. The terms of remuneration do not extend to Parcels that were damaged due to improper packaging on the Sender’s part or/and when the Contents were damaged, however, the packaging is not damaged, or it is damaged in way that could not result in damage to its Contents. In case of an Insured Parcel, the compensation will not extend to cases where the Content’s technical parameters are affected or/and to other cases that could not have been determined via a visual inspection prior to its dispatchment.
ARTICLE 16. THE PROHIBITED AND RESTRICTED CONTENTS OF A PARCEL
16.1. The list of prohibited Contents/substances/Contents/animals/products or/and materials for a Parcel are established by the Company. For the purposes of a postal services, the following Contents are prohibited from Parcel:
16.1.1. Explosive equipment, combat materials, weapons or/and similar Contents or/and equipment or/and Contents/parts connected to it;
16.1.2. Narcotics drugs or/and psychotropic drugs or/and any medication that, generally, cannot be purchased in a pharmacy buy a person not having the prescription;
16.1.3. Infectious substances;
16.1.4. Substances that carry fatal risks, explosive, inflammable, toxic or/and other substances that are dangerous, including radioactive or/and its substitute matters;
16.1.5. Animals/birds or/and other living beings;
16.1.6. Any document/contents/substance that is connected to pedophilia, child pornography, or/and any other associated material as determined by Legislation;
16.1.7. The contents or/and parts thereof that are received, created, or crafted in violation of Legislation (contents stolen or obtained fraudulently or otherwise), including Parcels that are being sent to facilitate a fraud or to avoid the full payment of payables;
16.1.8. Any substance, contents, or material possession of which is prohibited by law or/and requires special permit, including for their transportation, such as substances that are dangerous for health or that carry fatal risks;
16.1.9. Any substance, contents, or material that may become dangerous during their transportation or/and provision of postal services.
16.1.10. Perishables
16.2. The Company may make amendments or additions to the list of prohibitions, which shall be uploaded on the Website and published in Service Centers in a place accessible to the Customers.
16.3. In case the Legislation or/and the present Rules require submission of additional documents for a particular Parcel, it will be dispatched only in case such documents are submitted. In case of receiving an illegal Parcel or/and having a suspicion of its illegal nature, the Company is authorized to notify relevant bodies regarding the Parcel and transfer to them the documents associated with it.
16.4. The Company’s liability shall not extend to the Parcel that was dispatched in violation of the rules provided by this article. Furthermore, in addition to the requirements and liabilities provided by the Legislation, the Customer shall be obliged to pay the Company a penalty amounting to 20% (twenty) of the Declared Price of the Parcel.
CHAPTER 6. AMENDMENTS, CORRESPONDENCE AND DISPUTE RESOLUTION
ARTICLE 17. AMENDMENTS AND AUTHORIZATION
17.1. The company reserves the authorization and right to unliterally with its own discretion without the additional consent of the Customer to make any amendments or changes in the present document and/or in the terms of service and/or in any related document, including the terms, provisions, prices, fees and etc. In case such changes are made after the parcel is sent and such action changes the rules regarding to specified sent parcel, the “General Terms of Service” existing on the day of sending shall apply on this particular parcel.
17.2. The amended rules apply on the parcel sent after the changes are into force, therefore by sending the parcel it is deemed that the customer agreed and acknowledged the amended terms and provisions.
17.3. The changes and amendments enter into force on the next day when it was published on the website and in the service-centers, in the moment when the information is available to the Customer.
ARTICLE 18. CORRESPONDENCE
18.1. The communication shall be made on the e-mail, in service centers and/or on the official addresses.
ARTICLE 19. JURISDICTION AND DISPUTE RESOLUTION.
19.1. The present document is concluded, governed and interpreted by the legislation of Georgia, despite the location and origin of the Customer.
19.2. In case of any discrepancy between Georgian and English Version, Georgian version shall prevail.
19.3. Any disputes regarding to the services or related to it shall be settled by the Courts of Georgia in accordance of the legislation.