GENERAL TERMS AND CONDITIONS

of EASTLINES, for supplying postal services and international transport

BY USING EASTLINES SERVICES AND LAUNCHING AN ORDER ONLINE OR BY PHONE, THE SENDER (AND THE ASSOCIATE RECEIVER OR THE THIRD PARTY WHO LAUNCHES THE ORDER) TAKES NOTE OF, AGREES AND FULLY UNDERTAKES TO OBSERVE THE TERMS AND CONDITIONS PRESENTED IN THIS DOCUMENT.

I. DEFINITIONS AND GENERAL TERMS

The following terms are used regularly in our activity:

  1. EASTLINES: (EASTLINES parcel delivery service/services, EASTLINES- discounted parcel delivery) is the general name (trademark, brand, commercial name) used to identify the parcel delivery services, international transport and related services of this activities supplied by a more complex group of companies from Great Britain and Romania. EASTLINES group of companies uses both its own logistics and a series of subcontractors in order to operate in its door to door courier activity and international transport in Europe.
  2. CONSIGNMENT (SHIPMENT): postal system consignment (door to door or delivery/collection to/from authorized offices), made of one or more parts (envelops, parcels, pallets) sent from one sender to one receiver;
  3. SUPPLIER: postal service, transport and parcel delivery supplier, EASTLINES in this case (with the definition from article I.1.)
  4. BENEFICIARY: the client (natural or juridical person) who benefits from the postal services supplied by the supplier (usually the Sender, but also the associate Receiver or the third party who launches the order)
  5. POSTAL PARCEL: postal consignment that observes the weight and maximum size set by the supplier and that contains goods with or without commercial value;
  6. PARCEL DELIVERY: parcel delivery and transport in postal system;
  7. PALLET: consignment made of more parts combined by specific means (wrapping, anchoring) on a special support base (made of wood, plastic, metal) and that can be moved with special equipment (forklifts, transpallets, platform lifts, etc.);
  8. SENDER: (natural or juridical) person who sends the consignment (postal system consignment) to the receiver;
  9. RECEIVER: (natural or juridical) person particularly specified and assigned to receive the postal consignment sent by the sender;
  10. LABEL: special document, visible and well attached to the surface of each postal parcel (or parts of a consignment: envelope, parcel, pallet), which contains elements necessary to identify, route and track the consignment;
  11. AWB: (AIR WAYBILL) international term used for the document accompanying the consignment, which includes all elements characteristic for a consignment, (including the AWB number, tracking bar codes, etc.) as well as elements related to the contractual relationship between the supplier of postal services and the beneficiary;
  12. WORKING DAY: days of the week in which the postal service supplier can work (Monday to Saturday including), this excludes the non-working days (Sunday and specified bank holidays in Romania, UK and transit countries);
  13. STANDARD SERVICE: non-guaranteed standard postal service which entails delivery of the consignment at the receiver within the estimated delivery and transit time, without supplier liability in case of delays;
  14. EXPRESS SERVICE: fast and guaranteed postal service which entails delivery of the consignment at the address of the receiver (personally to the receiver or to the person authorized to receive the consignment) within the initial specified delivery and transit time. The supplier can be held liable for delayed delivery of the consignment;
  15. DECLARED VALUE: inherent total value of the consignment, total cash value of the sent items, which stands at the basis of calculating the insurance. Declared value must be proved with correct documents (receipts, invoices, cash register receipts, evaluations, etc.) in case claims have been made and compensation has been requested.
  16. CASH ON DELIVERY: special postal service for consignments which specify the payment of the equivalent value of the goods within (or added the postal service cost) by the receiver to the sender through the supplier’s postal network;
  17. PROOF OF DELIVERY: special postal service for registered consignments which consists in obtaining written confirmation regarding the delivery of the consignment to the receiver and making this advice of delivery available to the sender;
  18. CHANGE OF DESTINATION: special postal service for registered consignments through which, upon the express request of the sender, before delivery and within a time agreed upon with the supplier, the destination address written on the consignment documents can be changed or the delivery of the consignment can be stopped;
  19. SPECIAL DELIVERY: special postal service having as object registered consignments which consist in the delivery of the consignment according to the sender’s indications concerning the date and hour of delivery to the indicated address, personally to the receiver or to the person authorized to receive the consignment by the beneficiary.

II. GENERAL PROVISIONS

  1. The contractual postal service relationships occur between the two parties (Beneficiary and Supplier) at the latest, simultaneously with the launching of the order by the client and its acceptance by the Supplier, if there are no other agreements signed previously;
  2. The general conditions of this document regarding supplying postal, courier and international transport services made available for our clients observes the current European statutory legal frame:

– Directive 97/67/EC of the European Parliament and of the Council, of 15 December 1997 – on common rules for the development of the internal market of Community postal services and the improvement of quality of service;

– Directive 2008/6/EC of the European Parliament and of the Council, of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services;

– Romanian Government Emergency Ordinance no. 13/2013 regarding Postal Services, with the subsequent amendments and completions;

– Law no. 187/2013 of the Romanian Parliament for the approval of the Emergency Ordinance no. 13/2013 regarding postal services

– Decisions and regulations of ANCOM Romania (National Authority for Management and Regulation in Communications of Romania)

– Legal stipulations of OFCOM in Great Britain;

– Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road, signed at Geneva (CMR*), approved by Romania through Decree 451/1972 on 06 December 1972;

  1. The general conditions on supplying all the postal services shall be applied to all the contracts for supply of postal services, including in the cases of non-acceptance and non-collection of consignments, other than the cases when other mandatory provisions from the Memoranda of Association shall prevail;
  2. EASTLINES offers services included within the universal service area (defined by current legislation), but also not included in the universal service area („non regulated services” according to OFCOM in Great Britain) or international road transport services in batches under the following terms:

– Only consignments packaged and labelled accordingly by the sender, observing EASTLINES PACKAGING GUIDE will be accepted;

– Through launching (including online launch) the orders to EASTLINES operators or agents, the sender agrees with the terms and conditions of EASTLINES, regardless of he/she signs or not the shipping document (AWB).

III. PREPARATION OF CONSIGNMENTS

  1. It is compulsory to launch an order (by phone or online) only after the preparation, packaging, sealing and labelling of the consignment. The orders launched before these operations cannot be according to reality and can be unilateral cancelled by the Supplier;
  2. The sender is fully liable for observing the content restrictions, preparation, protection, packaging, sealing and labelling the consignment and cannot invoke ignorance or non-information in case the order has been launched by another person (beneficiary or third party);
  3. The consignments are being prepared taking note of and observing the conditions imposed by LIST OF RESTRICTIONS and EASTLINES PACKAGING GUIDE;
  4. The beneficiary shall be solely liable to:
  5. ensure the correct placing and inner protection of the contents of the consignment, based on its specificity and fragility,
  6. ensure the correct inner and outer packaging of the consignment, using quality materials, according to the indications in the PACKAGING GUIDE,
  7. ensure the complete outer sealing which does not allow access to the content, without leaving parts of the contents visible, using corresponding sealing tape,
  8. ensure the correct labelling, containing all compulsory elements,
  9. mark the parcels with specific visible signs, which indicate handle with care, position in pile, special content;
  10. keep complete details related to the contents of the consignment, mentioned in the contents list of the consignment and making these details available to the Supplier;
  11. The Beneficiary takes note of the specific conditions characteristic for the courier and international transport field which imply the following in the consignment handling: manual handling, loading, offloading, sorting, display in pile, transport and mechanical handling with specific means and equipment (diagonally falling height from 80 cm), various atmospheric conditions, road or air transport. The consignments are being readied by taking note of these conditions and they are protected as such;
  12. The services supplied by the Supplier do not include and do not stipulate obligations or liability of the Supplier with regards to preparation, packaging, sealing or labelling of the consignments, but refer only to transport and other activities related to the transportation of the consignments between the sender and receiver;
  13. Personal implication of the Supplier’s representatives in preparing the Beneficiary’s consignments or using packaging materials supplied by the Supplier for free or at a price, does not incur liability of the Supplier and does not exonerate the Beneficiary of his unilateral liability for preparing the consignments;
  14. The Sender, Receiver or Third Party take note of the exclusion and liability limitations of the Supplier with regards to losses, prejudices, damages and thefts in case they use (noncomplying with regulation of the outer packaging of the consignments) suitcases, hand bags, raffia bags, or any other similar means, as well as plastic bags, and they do not observe the packaging provisions within EASTLINES PACKAGING GUIDE;
  15. We do not recommend binding or connecting several parcels to each other through strings or sealing. We can collect only consignments made of individual parcels, not bound/ties to each other and which will be transported under sole identification codes and sole labels, regardless of their size and shape. The Supplier does not take liability for losses of parts of the consignment or damages incurred as inobservance of this provision;
  16. In case of the consignments inadequately prepared when launching the order and the situations that can occur due to inobservance of this provision, the Beneficiary will expressly agree to the following and to pay extra:
  17. the price differences occurred if an incorrect number of parcels has been declared, the real size and weight of the parcels has been incorrectly declared, including after collection of the consignment by the representatives of the Supplier, through the payment means indicated by the latter,
  18. the penalties imposed by the subcontractors incurred for the inobservance of weight restrictions, maximum size or volumetric size,
  19. the additional costs incurred for booking and driving to the collection address in case the non-corresponding consignment will be cancelled or our representatives will refuse to collect the unprepared or incorrectly declared consignments,
  20. the additional costs incurred for delays caused by the sender and if our representative must wait at the address for the consignment to be prepared accordingly, for the orders to be corrected, for the parcels to be relabelled and any modification that can disrupt the scheduled activity of our representatives,
  21. the additional costs incurred for incorrect routing, storing, failed attempts to contact and deliver and investigation unfolded in case the details within the orders or labels are incomplete or incorrect,
  22. the additional costs incurred after collection for repackaging, relabelling, resealing in case of consignments inade quately prepared,
  23. the penalties, legal imputations ordered by the customs authorities, court costs and the prejudice brought in case the legal content restriction have not been observed;
  24. In case of consignments with illegal content, which do not observe the current legislation, the Supplier will apprise the competent authorities and will cooperate by giving them access to all details necessary to identify the persons responsible for the illegal act;
  25. Postal consignments considered bodies of crime (corpus delicti), as well as all values and documents considered important in finding proof of the crimes and their authors will be made available to the criminal prosecution bodies or courts, but only based on the written request of the competent authorities;
  26. The Beneficiary is fully legally liable and undertakes the recovery proceedings in case the consignment or parts of it will be held by the rightful authorities (customs, police, sanitary authorities, fiscal authorities) due to inobservance of customs, international transport and transit laws and regulations, or veterinary and public health regulations;
  27. The Supplier, through its representatives and subcontractors, cannot be legally or materially held liable in case the Beneficiary does not observe the content restrictions of the consignments and will be fully exonerated of any liability, being considered a good faith transporter;
  28. The Supplier will hold liable and summon in court the Beneficiary, claiming damages to recover any prejudices caused in case the Beneficiary does not observe the content restrictions causing the following: fines, penalties, confiscations, delays in transit for checks, legal costs of representations);

IV. CONTENT RESTRICTIONS AND LIMITATIONS

  1. As per the strict customs regulations, the current legislation regarding international transit of goods within the European Community, the customs duties and other taxes applicable in different states, as well as veterinary and public health regulations regarding transportation of different products, the Beneficiary takes note of and commits to observe the contents restrictions, the packaging requirements and insurance and liability limitations set by the Supplier through the LIST OF RESTRICTIONS.
  2. THE LIST OF RESTRICTIONS includes the following:
    1. PROHIBITED ITEMS: totally and categorically not accepted as per the current legislation, the danger or risk degree, and which, through the nature of their contents or packaging can cause injuries to people, endanger the environment, damage the spaces and equipment used and the other consignments. Should these be identified in the consignments collected by the Supplier, the contract will be unilateral terminated and the Supplier will return the parcels, notify the authorities or destroy the parcels, according to the provisions of article VII. These items are:
      1. firearms (including hunting rifles or compressed air firearms)
      2. sidearms (anything that can injure a person, including knives, ornamental blades)
      3. explosives and ammunition
      4. fireworks, crackers and other pyrotechnical products
      5. flammable solid products (firestone, flint stone, matches)
      6. flammable liquid products (solvents, removers, proof spirits)
      7. explosive or volatile gaseous products (gas cylinders, aerosols, and fire extinctors)
      8. radioactive, corrosive and oxidant materials or waste (including battery acid)
      9. poisonous or toxic substances and waste (including herbicides and pesticide)
      10. batteries (including those with lithium, auto batteries)
      11. illegal drugs, assimilated pharmaceutical products
      12. ethnobotanical or hallucinogenic substances
      13. prescription medicines
      14. blood, samples for medical analysis, excreta or human or animal secreta
      15. transplant organs, special regime sanitary or medical material
      16. human or animal remains (including bones, cremains)
      17. non-processed, untanned animal skins or furs
      18. live or dead animals (including birds, reptiles, insects)
      19. plants, natural flowers, seed or germs
      20. ivory and ivory products
      21. cigarettes and other tobacco products (including non-processed or loose tobacco)
      22. pornographic material or against good behaviour or public order displayed on the outer packaging of the consignments or unprotected and visible from inside the parcels
      23. liquids of any kind (including those with high viscosity) regardless of packaging
      24. adhesives and paints
      25. engines, generators, mechanical parts that contain oils or petrol products
      26. precious metals, gems, jewels made of precious metals
      27. money (in any currency), cheque to bearer
      28. bank cards
      29. counterfeited goods transported for commercialization against the law
      30. antiquities, art works, paintings from the national patrimony with special regime
      31. items with a total value exceeding £10.000,00 per consignment
      32. items prohibited for import or export or which require special licence or shipping documents according to the legal legislation of the countries of origin, destination or transit
      33. perishable items that require special transport and authorization conditions (foods)
      34. any products that endanger the integrity, health and hygiene of the personnel, the integrity of the logistics base and equipment or of the other consignments, and that go against the work safety, fire prevention, environment protection or sanitary and public health regulations ;
    2. ITEMS ACCEPTED WITH NO LIABILITY, items that can be only accepted for collection on the Beneficiary’s responsibility, with no possibility for compensation, both in case of total and partial loss, as well as damage of any kind. These items cannot be quantified as intrinsic value or do not observe the regulations set by the Supplier, the damages occurring as a consequence of the sender’s action. These items are collected without declared value, on the responsibility of the Beneficiary and without possibility for compensation:
      1. original identity documents (identity card, passport, birth certificates, driver licence, etc.)
      2. cheques, bills, cheque to bearer, promissory notes, treasury certificates, shares, other bonds
      3. personal documents or data on material (paper) or electronic (dc, hard-disk, memory stick) support, including the support itself
      4. items of a consignment which are insufficiently and uncorrespondingly prepared and protected according to their fragility, incorrectly packaged or incompletely sealed and which do not observe the indications from the PACKAGING GUIDE
      5. items which exceed the limits of the packaging material, which are attached/bound to other parcels without being separately packaged or parcels which are bound/tied to each other
      6. materials and items used at protection, packaging and sealing, including if bags, suitcases, purses, covers, crates, boxes, containers or other similar items are being used for those purposes. They will travel without value, as packaging only and the Beneficiary will not be compensated for damages of any kind, replacement or loss of these materials or items;
    3. ITEMS ACCEPTED ONLY WITH PARTIAL LIABILITY,these items can be collected with only partial liability on behalf of the Supplier of postal services, even if all packaging indications from the PACKAGING GUIDE have been met. Thus, the Supplier mentions the following situations:
      1. THE SUPPLIER WILL BE LIABLE FOR TOTAL LOSS IN TRANSIT WITHIN THE LIMIT OF THE DECLARED VALUE, BUT WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING TOTAL DAMAGES).

Payment of compensation will be done only in case of total loss of the consignment (disappearance, theft, loss by fault of the Supplier), excluding any possibility of compensation for damages of any kind (external or internal, including total damages), even if the items are adequately packaged, but have a very fragile, instable, special content or which is incompatible with the logistics specifics and the services supplier by the Supplier. These products are:

  1. items made of glass or any items or elements that contain glass
  2. porcelain, ceramics and clay items
  3. stone, marble, resin, gritstone, faience items
  4. plastic, cast-iron items or other breakable items
  5. fragile pieces and voluminous auto parts made of tin, aluminium, plastic, glass (door, hood, roof, bumper, windshield, tonneau, etc.)

II. THE SUPPLIER WILL BE LIABLE BOTH FOR TOTAL LOSS WITHIN THE LIMIT OF THE DECLARED VALUE, AND PARTIALLY, FOR ANY DAMAGES, UP TO A SET LIMIT.

Payment of compensation will be done both in case of total loss of the consignment (disappearance, theft, loss by fault of the Supplier), within the limit of the value declared by the Beneficiary, and in case of damages occurred while the consignment was in the care of the Supplier, but only within a certain limit set by the type of claim, regardless of the value declared or insurance paid by the Beneficiary. Thus, the following items are accepted for transport with partial liability, with the maximum limit of compensation specified bellow for any damages (internal or external), regardless of the insurance paid and the value of the items attested with documents:

  1. assembled furniture (other than flat-packed) with maximum accepted compensation of up to £50.00/parcel (in case the Beneficiary did not chose the special removals services proposed by the Supplier, which have other insurance specifications)
  2. couches, armchairs, beds, sofas, mattresses and other furniture pieces that require at least 2 persons for handling, with maximum accepted compensation proposed by the Supplier, which have other insurance specifications)
  3. large household appliances (white goods) – refrigerators, deep-freezers, washing machines, ovens, gas cookers, dishwashing machines, microwave ovens, with maximum accepted compensation of up to £100.00/parcel (in case the Beneficiary did not chose the special removals services proposed by the Supplier, which have other insurance specifications)
  4. TV sets of any kind, including LCD, plasma TV, digital, PC monitors, with maximum accepted compensation of up to £200.00/parcel
  5. laptops, tablets, monitors, iPad, smartphones, mobile phones, with maximum accepted compensation of up to £200.00/parcel

V. LAUNCHING THE ORDERS

  1. The supplier makes available for clients and members of the public interested the following contact, information and order launching channels:
    1. by telephone – dialling one of the contact numbers displayed for the public;
    2. online – using the online forms or facilities made available on the Internet (client account, import orders, etc.);
    3. fixed or mobile drop off points opened to the public;
  2. Orders will not be accepted and cannot be processed if they sent by simple e-mail, messages left on the socialization web pages, SMS messages or dialling any numbers belonging to our representatives, numbers that have not been specified as official contact channels;
  3. The Supplier cannot be held responsible for any delays and direct or indirect damages if the orders, sent by any other means than those registered at article V.1, will be ignored;
  4. Orders cannot be accepted if the Beneficiary does not know all the following compulsory details:
    1. full names of the people involved (sender, receiver),
    2. complete and correct addresses used in the order and labelling (county, city, street, house number, block-of-flats number, stairs, floor, apartment),
    3. post code for the respective address,
    4. contact telephone numbers (including county code, depending on the case),
    5. e-mail addresses for automatic notifications,
    6. exact number of parcels,
    7. real weight, as exact as possible (in kilograms),
    8. parcels sizes (length, width, height, measured in cm).
    9. detailed content of the consignments (which must be also detailed in the contents list)
  5. The orders sent without the full necessary details, launched incorrectly by choosing inadequate services, that are not available for the situation of the Beneficiary and his type of consignment, can be unilaterally refused and cancelled by the Supplier, including after being launched and confirmed online;
  6. Deliveries will not be accepted at postal boxes (PO BOX) or BFPO type addresses;
  7. In case of collections or deliveries at juridical persons, school campuses, university campuses or assimilated addresses, as well as in case of secured residential complexes, the consignments will be collected from, or delivered at, the special designated area (reception, post-room, mail-room, front office, etc.), the Supplier being in no way under duty to go beyond these specific locations;
  8. Cancellation of orders will include the briefing of the Beneficiary by email and return of all payments already made, within 3 working days from the cancellation decision;
  9. When launching the order (by phone or online), the Beneficiary assumes responsibility for any incorrectly provided details and expressly agrees to:
    1. pay the price differences occurred if an incorrect number of parcels has been declared, the real size and weight of the parcels has been incorrectly declared, including after collection of the consignment by the representatives of the Supplier,
    2. bear the extra cost of a higher price obtained by exaggeration of the weight and sizes or the parcels, by placing the order in the incorrect tariff areas or choosing the incorrect services,
    3. pay the penalties occurred when the weight, maximum or volumetric size restrictions are not being observed,
    4. pay the additional costs incurred for booking and driving to the collection address in case the non-corresponding consignment will be cancelled or our representatives will refuse to collect the unprepared or incorrectly declared consignments,
    5. pay the additional costs incurred for delays caused by the sender and if our representative must wait at the address for the consignment to be prepared accordingly, for the orders to be corrected, for the parcels to be relabelled and any modification that can disrupt the scheduled activity of our representatives,
    6. pay the additional costs incurred for incorrect routing, storing, failed attempts to contact and deliver and investigation unfolded in case the details within the orders or labels are incomplete or incorrect;
  10. The details incorrectly declared when launching the order, or filled in our online forms, related to the names of the parties (sender, receiver), full addresses (collection or delivery), contact telephone numbers, can lead to delays or impossibility of delivery, for which the Supplier is not and cannot be held liable;
  11. Before launching an order with the Supplier, the Beneficiary must become acquainted with the regulations and must check if his consignments include goods restricted for delivery according to the LIST OF RESTRICTIONS from article IV. Lack of knowledge regarding the restrictions cannot be invoked to avoid the process of returning or destroying the parcels;
  12. In case there are doubts regarding if the goods meet the restrictions in the restriction list, the Beneficiary must inform the Supplier and wait his decision before launching the order;
  13. When launching the order the Beneficiary must declare the value of his consignment (attested by documents in case of additional insurance). Consignments with total value exceeding £10.000 are not accepted.
  14. When taxable goods are being transported, goods in commercial regime or any other products that must be accompanied by documentation, authorizations, approvals, origin invoices or for the Beneficiaries, shipping documents, the Beneficiary will be responsible to ensure the entire documentation required by the customs or control authorities, in a visible envelope, easily accessible, attached to the outer packaging of the consignment.
  15. The orders already launched with the Supplier can be cancelled or amended by the Beneficiary at least 24 hours (one day, maximum until 15.00 GMT) before the day booked for collection;
  16. Cancellation or amendment of orders must be done directly by the Beneficiary, only by phone, through the Supplier’s operators, or online through the specific forms made available for the clients. SMS messages, emails or messages through socialization networks will not be taken into consideration.

VI. PAYMENT OF SERVICES, PENALTIES AND ADDITIONAL COSTS

  1. Unless stated to the contrary in a written agreement, payment of services shall be done in accordance with the current price list of the Supplier. The tariffs valid during the day when the delivery order was made shall be applied;
  2. The price of the services supplied by the Supplier is calculated depending on:
    1. actual weight of the consignment (in kilograms and subdivisions),
    2. optimum weight (the highest between the actual and the volumetric weight–the volumetric weight includes the sizes of the consignment) in mentioned cases,
    3. areas of tariffs at collection and delivery or distance between certain working locations,
    4. type of service chosen (specific characteristics: logistics, urgency, guarantee of delivery within a timeframe, additional special services, notifications),
    5. additional costs and services chosen by the Beneficiary,
    6. additional costs which occur during the development of the service, as consequences of situations independent of the Supplier’s will or as consequences of the Beneficiary’s actions;
  3. From the moment the order is sent to the Supplier, the Beneficiary agrees with the manner in which the orders are processed, with the routes and means of handling and transportation, as well as with the practiced tariffs, the additional costs and penalties that may occur subsequently. The Beneficiary cannot invoke lack of knowledge of the aforementioned subsequent to launching the orders towards avoiding payment or noncompliance with the procedures;
  4. Inobservance of the minimum time for cancellation or amendment of the order incurs prejudices to the Supplier, entitling the Supplier to impose and withhold from any payments made by the Beneficiary the costs of the organization, booking and payment to subcontractors and to request recovery of these prejudices;
  5. In case of cancellation of the order, the amount already paid will be returned to the payer within 3 working days, out of which the additional costs or penalties incurred prior to the cancellation will be withheld; Orders can be cancelled or modified by phone and online with at least 24 hours before pick up (the day before). Cancellations are dealt by Customer Support team, refunds are made in 3 working days. Cancellations within 24 hours will be charged with £10.00 cancellation fee.
  6. The tariffs of the Supplier are clearly displayed on the specific webpages accessible by the public and in the price lists transparently displayed, and instant price quotations can be supplied before launching the online order or at the request of the interested parties.
  7. Any tariff modifications shall be communicated 15 days prior of becoming effective and shall be communicated by public display on the Supplier’s website or the Beneficiary shall be notified;
  8. Given the complexity of the daily operations, the differences in weight and size between the initial declaration, when launching the order, and the actual weight and size determined at the collection time through representatives or at the working locations, as well as due to possible additional costs and penalties incurred during development of the delivery order, the companies within EASTLINES group issue pro-forma invoices until delivery to the receiver (the time of delivery and sign for receipt of the consignments);
  9. The Supplier must issue the final invoice until 15th of the month following the month in which the service has been supplied, according to the current legislation;
  10. Pro-forma invoices, the final invoice and the shipping document (AWB), as well as the receipts related to the payments received will be sent to the Beneficiary, depending on the case, through the Supplier’s representatives, electronic mail or can be made available on the Internet, in the Beneficiary’s client account;
  11. The currency accepted for the tariffs and in which the cash on delivery is collected is the currency of the country in which the payment is being made (RON in Romania, GBP in Great Britain, EURO in other countries of EU);
  12. Payment of services can be done in cash or through bank account. Payment through bank draft or bank cheque is possible only for juridical persons with ongoing written agreements;
  13. Additional costs and penalties are clearly included in the pro-forma and final invoices sent to the Beneficiary. The amounts and the situations in which they can be incurred are publicly displayed (on the Supplier’s website);
  14. With the exception of the situations when payment of services or additional costs shall be made at term, through different agreements, all differences in price, additional costs and penalties incurred by the Beneficiary must be paid prior to the delivery of the consignment to the receiver or, in case this is not possible, by adding the aforementioned as cash on delivery, requiring the payment from the receiver at the time of delivery;
  15. The payment of the price differences, of the additional costs and of the penalties will be made during the development of service at the request of the Supplier: in cash, by card or by bank draft;
  16. In case the Beneficiary does not pay the value of the invoices at the agreed term, the Supplier can apply penalties in quantum of 1% for each day of delay, calculated at the outstanding and unsettled value;
  17. The additional costs (displayed without the VAT) which can be added or withheld from the payments made for the consignments, in the situations objectively described, are:
    1. £10.00 – for each rebooking of collection from the address of the sender or delivery at the address of the receiver, for any consignments made of envelopes or parcels, after failure to collect/deliver within the accepted number of attempts, by fault of the Beneficiary;
    2. £20.00 – for each rebooking of collection from the address of the sender or delivery at the address of the receiver, for any consignments of pallets or goods batches after failure to collect/deliver within the accepted number of attempts, by fault of the Beneficiary;
    3. £10.00 – for driving within the area with paid access from the centre of London (Congestion Charge area) within the timeframe in which it is valid (Monday-Friday 08.00-18.00) at the express request of the Beneficiary;
    4. £10.00/parcel – for parcels of up to 30 kg optimum weight, if inadequately prepared, with torn, damaged or unsealed package, case in which it must be repackaged, and cannot be handled through the logistics chain and international transport without this operation;
    5. £20.00/parcel – for parcels (or pallets) with optimum weight of over 30 kg, if inadequately prepared, with torn, damaged or unsealed package, case in which it must be repackaged, and cannot be handled through the logistics chain and international transport without this operation;
    6. £1.00/km – for driving to addresses outside the tariff areas specified in the order, invoicing being done only during driving, taking into consideration the distance between the specified address and the closest working location of the Supplier;
    7. £1.00/day – for storing the consignment at the working location of the Supplier until its recovery by the receiver, subsequent to exhausting all number of possible delivery attempts;
  18. Penalties (displayed without VAT) added to the consignment costs, as a consequence of non-compliance of the Beneficiary with certain conditions are:
    1. £10.00 – in case our representatives refuse to collect the consignment, due to inadequate preparation, in case the consignment is not at the specified address or is incompliant with the given order (weight, volume, number of parcels, contents, etc.);
    2. £50.00 GBP/parcel – in case the parcel declared Standard when launching the order, as parcel of up to 30 de kg optimum weight (the highest weight between the actual and the volumetric weight) exceeds the volumetric weight of 31 kg and cannot be accepted within the Standard service, situation determined when the parcel arrives at the warehouse through weighing and measuring.
  19. In case payment by Cash-On-Delivery is being requested (COD), the receiver must pay the and the Beneficiary is responsible for informing the receiver and organization of this payment;
  20. Consignments insured at declared value and Express service consignments (with guaranteed delivery time) cannot be paid Cash-On-Delivery, they must be paid in full latest at the collection time;
  21. Costs related to the import/export deliveries (ex. customs duty and import taxes) shall be invoiced to the Beneficiary in case any have occurred during transportation.
  22. The Beneficiary will also compensate the Supplier for all costs born from the moment of opening, returning or disposing of the parcels;
  23. In case the receiver cannot pay or refuses payment and the delivery attempts fail, the postal consignment will be kept in the temporary care of the Supplier or its subcontractors for a period of 7 working days from the date of the last failed delivery attempt (notice), awaiting for the outstanding Cash-On-Delivery payment;
  24. During this time, the Beneficiary can recover the postal consignment personally from the location specified by the Supplier, rebooking for delivery being possible only for additional charges;
  25. If payment and recovery of the postal consignment by the receiver is not possible within the specified (VI.23) time, the Supplier will be allowed to return the consignment to the sender or will notify the Beneficiary with regards to the storing of the consignment at a designated office for 6 month, depending on the approval of the Beneficiary;
  26. Notification of the Beneficiary shall be done by phone or by email and storing for the receiver or sender shall incur additional storing costs (£1.00/calendar day) starting with the notification day;
  27. If during this time the Beneficiary has not reclaimed the postal consignment and paid in full the outstanding amount (including storing up to the reclaiming day), the respective consignment will become, without any prior notification or formality, the property of the Supplier in order to cover the transportation and storing costs;
  28. The Beneficiary expressly approves with the withholding right of the Supplier regarding the postal consignment or batch of goods that is the object of the services, until full payment of all transportation and additional costs or of the incurred penalties. Ownership on these consignments cannot be invoked for the purposes of recovering them without payment of the outstanding amounts.

VII. OPENING, RETURNING AND DISPOSING OF CONSIGNMENTS

  1. The secrecy of the postal consignments is inviolable;
  2. The Supplier is not entitled to open the parcels, except in the special foreseen situations, under the provisions and legal procedure described at article VII;
  3. The Supplier is entitled to refuse continuation of the transportation service if, after accepting the goods, a reason for exclusion is discovered or if there are reasons to believe the parcel must be excluded from the services in compliance with the restrictions from article IV.
  4. Initial acceptance of parcels which include the prohibited or restricted goods mentioned at article IV, does not represent a waiver of the checking procedure or of the subsequent exclusion from transport;
  5. In case the consignments for international transit, cannot be checked for compliance with the list of PROHIBITED ITEMS (article IV.2.A) by the Supplier’s representatives at collection from the Beneficiary, the latter will expressly agree, for valid reasons regarding the safety and legal character of the Supplier’s activity, for the consignment to be opened and the contents to be inspected;
  6. The express agreement is also extended on the actions of any national or international, customs and fiscal authorities, police or similar;
  7. The checking procedure for international consignments is based on security reasons and does not violate the confidentiality of the postal consignments, this procedure is independent of it;
  8. The Sender, as the owner of the postal consignment until it is delivered to the receiver, shall be informed from before launching the order regarding the checking procedure and expressly agrees that the checking procedure shall be done by the Supplier, under the conditions specified by the latter, as a compulsory condition of the contractual agreement between the parties.
  9. The checking procedure consists of scanning through specific means and equipment, at the offices of the Supplier or of its representatives or in other third party locations specialized in these operations;
  10. Depending on the data obtained through scanning, the parcels may be opened and submitted to visual inspection, based on a simple minute, in the presence of three representatives of the Supplier;
  11. In case the content restrictions violation is evident (LIST OF RESTRICTED ITEMS) based on immediate observation (olfactory, auditory, visual) the checking procedure is done immediately after the observations, without scanning being necessary;
  12. The minute regarding the checking procedure can also be sent in copy to the Beneficiary, together with the return of the consignments as being incompliant, to the authorities regarding the violation of the laws, or at written the request of the Beneficiary, within 14 working days (starting with the receipt of the written request of the Beneficiary);
  13. The findings written in the minute can lead to:
    1. resealing and continuation of the transportation services, as the content of the consignment observes the restrictions within the LIST OF RESTRICTED ITEMS. In this case the notification regarding the check of the content is visibly displayed on the outer packaging of the consignment;
    2. notification of the authorities regarding a serious breach of the content restrictions or the outer shape (guns, explosives, forbidden substances, pornographic material, etc.) and surrendering the consignment to the authorities, with the notification of the Beneficiary;
    3. resealing and return of the consignment or parts of the consignment that does not observe the content restrictions (contain items specified in the LIST OF RESTRICTED ITEMS) to the sender in its initial shape and content. The Supplier shall withhold or recover the costs for the return transport from the Beneficiary, transport between the address of the Sender and the working location of the Supplier where the breach of the content restrictions has been determined;
    4. The return transport costs will be calculated depending on the local prices or obtaining a price quotation from the subcontractor used by the Supplier;
  14. The Supplier can also open the postal consignments to:
    1. ensure correct processing of formalities and customs documents, in 14 days from the written or telephonic notification of the Beneficiary, if this is possible and checks from the customs control is not imminent;
    2. eliminate any risks that can affect the people, goods, properties or any other consignments because of a parcel that cannot be delivered or is refused by the receiver;
    3. find out the content and value of the parcels that cannot be delivered or are refused and cannot be returned, such that the parcel may be destroyed or become property of the Supplier after the procedure;
    4. identify the consignment in case the label is not present or does not offer sufficient information for identification, within 7 days from the written or telephonic notification of the Beneficiary, if this is possible;
    5. In order to eliminate the risks, if the goods are perishable or for any other similar reason that may endanger the logistics base, health and integrity of the personnel, the parcel can be immediately opened without prior notification ;
  15. If, according to articles VII.5 and VII.15-16 the parcel cannot be delivered, returned to the Beneficiary or the Beneficiary refuses to receive it, the Supplier will store the parcel for a period of 6 months. The 6 months term shall be calculated starting with the date of collecting the parcel from the sender;
  16. After the expiry of the term previously mentioned, the Supplier is entitled to destroy the goods or become owner in order to recover the transportation or storing costs without prior notification; Storing shall incur additional costs (1.00 GBP/day);
  17. The Supplier can destroy the consignment that can imminently induce serious injuries to people, damages to environment, used logistics tools or other postal consignments, notifying the Beneficiary, if possible. In this case the service agreement will cease immediately through unilateral decision, without refunding the amounts paid for such a consignment.

VIII. DEVELOPMENT OF SERVICES

  1. EASTLINES – parcel delivery and transport service uses both its own logistics and a series of subcontractors, carriers or contractual partners in order to operate in its door to door courier activity and international transport in Europe;
  2. The services supplied by the Supplier, without payment of additional costs, covers:
    1. general organization of transport, together with all its related aspects;
    2. organization of collection from address, in a single attempt notified accordingly to the Beneficiary;
    3. organization of delivery at the address specified in the order and if the receiver is not found, reattempt delivery for the second time, without additional cost;
    4. delivery, to meet the obligation, to any person found at the receiver’s address, with the exception of cases where there is a valid reason to doubt the right of the respective person to receive the delivery. For this purpose, it is not compulsory to check the identity of this person with and ID card, only name and signature of the person present at the address of the receiver will be required;
    5. storing in safe conditions or return at the sender of any parcels that cannot be delivered or are refused by the receiver, according to the procedures mentioned in this document;
  3. The Beneficiary undertakes to be present at the collection address during the entire timeframe specified by the chosen service, without reducing this time;
  4. Through its representatives or subcontractors, the Supplier is entitled to refuse the collection of the consignments and or processing of orders from the Beneficiary under the following cases:
    1. inadequate or abusive behaviour towards the telephone operators, representatives or subcontractors;
    2. the consignment or parts of it are not prepared at the time scheduled for collection or delivery. The envelops, parcels, pallets, goods batch are not adequately packaged, are not well closed and sealed and labels with the receiver’s complete details are not well glued;
    3. the fragile items are not adequately packaged, correspondingly protected and labelled with marking FRAGILE, and there is a certitude that incompliance with the specifications regarding packaging can lead to the damage of the fragile items;
    4. the operators or representatives of the Supplier suspect that the sender does not observe the content restrictions and does not declare the real or complete content of the consignment, or what he intends to send within the respective consignment is part of the LIST OF RESCTRICTED PRODUCTS at article IV.2.A. The Supplier can ask the sender permission to open and check the contents, if the sender refuses it can lead to the unilateral cancellation of the order;
  5. Through its representatives or subcontractors, the Supplier is entitled to refuse the delivery of the consignments to the receivers under the following cases:
    1. the Beneficiary does not pay in full the corresponding tariff, including the additional costs occurred from recalculation, based on the real weight and dimensions identified at delivery or check in the warehouses of the Supplier;
    2. the Beneficiary or the Receiver refuses to pay additional costs and penalties imposed for incompliance with clauses described at articles VI.18 and VI.19;
    3. the receiver refuses to pay the cash on delivery outstanding amounts;
    4. when, after collection, there is no doubt, after making the checks specified at article VII, that the parcels include restricted good mentioned in the LIST OF RESTRICTED ITEMS and the return of the parcels is initiated or the competent authorities are being notified;
    5. when, after collection of the parcels, they have caused or can cause imminent damage to the other handled consignments, to the transportation means or the logistics base of the Supplier or its subcontractors, endanger personnel health, environment protection, and are contrary to the work safety regulations, fire prevention and veterinary and public health regulations. In this case the personnel immediately initiates the procedure to destroy the parcel, with notification of the Beneficiary;
  6. Collection of consignments from the Beneficiary’s address, within the day and time specified when launching the order cannot be guaranteed;
  7. The Supplier will make all necessary efforts to observe the days and timeframes specified within the orders and will notify the Beneficiary in case objective situations occur that prevent the collections;
  8. In case the Supplier cannot respect the day or timeframe specified in the order, it can be rescheduled without additional costs, automatically for the next day or for any other day suitable for the Beneficiary;
  9. The courier postal services are ensured both through door to door service, and through drop off at the working locations (Drop Off/Pick Up), depending on the case, at the request of the Beneficiary or due to imposed situations;
  10. By term “at door” we understand collection or delivery of the consignments at the limit of the client’s property (court gate, flat door or in the specialized location: reception, mail-room). The Supplier’s representatives are not under duty to and cannot enter beyond these property limits;
  11. In case the representatives or subcontractors of the Supplier do not observe these property limitations, and through their own will, help the Beneficiary beyond these limits, they shall do so in their name only, without any legal liability of the Supplier for any incidents, damages, deteriorations, thefts or any other events;
  12. In case of parcels individually heavier than 30 kilograms and voluminous consignments collected/delivered by only one operator/courier, the Beneficiary undertakes to ensure help for handling and loading/offloading of the consignments also over the distance between the limit of his property (“at door”) and the courier’s car.
  13. In case of overweight consignments, cargo or pallets, the Beneficiary is under duty to ensure the handling and loading/offloading with specific equipment (transpallets, forklifts, etc.), unless these services have been requested from and paid to the Supplier.
  14. The postal consignments belong to the sender until their delivery at the receiver. Until this moment, only the sender has the right to withdraw delivery, to modify the address written on the parcels or make any other modifications;
  15. In case of withdrawals before the delivery, the Supplier is entitled to withhold the costs incurred up to the withdrawal time or a percentage price quota for services supplied until that very moment. The modifications made during the delivery times and that lead to additional costs will subsequently modify the price of the services depending on the respective incurred additional costs.

IX. DELIVERY TIMES

  1. The Supplier offers transport services with guaranteed delivery time (Express) or non-guaranteed delivery time (Standard, Economic, Cargo, XXL, Cargo pallet);
  2. The delivery times are adequately specified and displayed for each of the postal services offered by the Supplier and voluntary chosen by the Beneficiary when launching the order;
  3. In case of transport services with non-guaranteed delivery time, the estimated delivery time for the consignment supplier when launching the order is not guaranteed, being purely orientative, due to the complexity of the operations, delays or objective reasons that may occur during international transit. The Supplier is constantly making efforts to keep true to the delivery terms and to avoid the delay of the consignments;
  4. For services with non-guaranteed delivery times the Supplier cannot be held liable and compensation will not be offered in case of unexpected delays occurred during transport or delivery at the address;
  5. In case of services with guaranteed delivery time (Express), the inobservance of the maximum delivery time at the address of the receiver, by fault of the Supplier, will attract liability of the Supplier and compensation for the Beneficiary, at his request, in quantum of 50% of the value paid for the transportation service (excluding additional costs and penalties).

X. INSURANCE

  1. Each consignment is accepted for collection, transport and delivery only by declaring total value of the sent items;
  2. The cost of insurances is calculated depending on the declared value as follows:
    1. Cost £0.00 for consignments with declared value of up to £100,00/parcel (envelope, pallet);
    2. Cost of 3% of the declared value for consignments with declared value exceeding £100,00/parcel (envelope, pallet);
  3. The maximum accepted declared value is of £10.000/consignment. Consignments with total value exceeding this amount are not accepted;
  4. Every consignment and every part of a consignment is covered by insurance and possibility of compensation in case of loss, theft, deteriorations or damages within the limit of the value declared when launching the order. No changes or modifications of this value will be taken into consideration after collection of the consignment by the Supplier;
  5. The Supplier will be held liable together with its partners and subcontractors in case of loss, theft, partial or total damage by fault of the Supplier, during collection, handling, transport, storage, sorting, distribution or delivery at the address, from the collection of the consignment until delivery.
  6. In case of loss, theft or damage, at the initiative of the Supplier or the filling of a complaint, the claim settlement mechanism is initiated together with the investigation that can lead to the decision of compensating the Beneficiary.

XI. THE CLAIM SETTLEMENT MECHANISM

  1. The Supplier has established a simple, transparent and accessible claim settlement mechanism, especially regarding loss, theft, partial or total deterioration or damage of postal consignments, as well as inobservance of the quality standards of the products. The procedures allow for a fair and prompt settlement of the claims, as well as an adequate compensation system;
  2. The object of the claim can be:
    1. loss, theft, destruction/partial or total damage of the postal consignment;
    2. inobservance of the delivery time for postal consignments, according to the contracts and specifications of the chosen service;
    3. professional behaviour of the Supplier’s representatives;
    4. any other complaints regarding the quality of the services delivered;
  3. The Supplier is under no duty to take into consideration any claim until the moment when payment has been made for the value of the transportation services;
  4. The time during which a claim can be set forth to the Supplier of postal services is of 6 month and is calculated from the date of sending the consignment;
  5. Notifications regarding the losses, missing items, differences in weight, visible damages (including to the packaging) must be made at the moment of the delivery at the receiver’s address, by informing the operators when signing for receipt;
  6. Theft from the content, deteriorations and hidden damages, or invisible at first sight can be seen at a later date and must be notified to the Supplier in maximum 48 hours from the receipt of the consignment (or recovery) by the receiver;
  7. Notification to the Supplier registered after the 48 hour time can lead to refusal of liability, regardless of the reasons invoked by the Supplier;
  8. The Beneficiary cannot invoke impossibility of notification because the rightful receiver was not present at the moment when the consignment was delivered at the address, as the person present at the address and signing for the receipt of the consignment could have checked the integrity and the content;
  9. The Beneficiary (sender, receiver or third party who launches the order) unhappy with the services offered or prejudiced after the transport, can make a written claim, filling in the specific CLAIM FORM;
  10. The claims shall be set forth only through the CLAIM FORM, which can be accessed and downloaded from the Supplier’s website or can be requested through email. Any claims sent outside of the claim form cannot be taken into consideration;
  11. THE CLAIM FORM must be sent to the Supplier, within 6 calendar months from the date of sending the consignment, by one of the following ways:
    1. by registered mail, with proof of delivery, at the registered office of the Supplier;
    2. by e-mail at the special address plangeri@eastlines.co.uk;
    3. in person at the registered office of the Supplier;
  12. Together with the CLAIM FORM, the claimant must hand in/send all related documents necessary to substantiate the claims and for the investigation and complete analysis of the claim. These documents are attached to and specified in the CLAIM FORM as follows:
    1. minute to ascertain the loss or damage, written at the delivery time by the courier, or pictures which show the claimed damages;
    2. proof of the notification regarding loss or damages, within maximum 48 hours from the delivery of the consignment to the receiver;
    3. content inventory list and detailed description of the items inside the consignment, mentioning which of these items are missing;
    4. documents proving the total declared value of the consignment (invoices, receipts, cash register receipts, payment confirmations, etc.) or of the damaged items;
    5. in cases specified by the Supplier, the packaging used or the damaged items to set up an examination;
  13. Lack of some of the documents or proofs necessary to the investigation can lead to the decline of responsibility by the Supplier, as the claim is considered inconclusive, is not supported by evidence or the declared value cannot be determined in the requested legal manner;
  14. The claim set forth to the Supplier will be registered and the claimant will receive a register number, for conformity and reference in subsequent correspondence; The Supplier’s communication regarding the claim will be sent to the Beneficiary by email only, which will contain the register number as well;
  15. The postal service Supplier is under duty to solve the claim within 30 calendar days from its registering date;
  16. If the claim set forth by the claimant is not solved within 30 calendar days or is solved unsatisfactorily for the Beneficiary, the claimant can institute proceedings against the Supplier, according to the valid legislation.

XII. COMPENSATION PROCEDURE

  1. In case the claim is valid and the following investigations shall give satisfaction to the claimant, as a result of the legal stipulations or agreements, the amount admitted to compensation shall be paid in full, by cheque or bank transfer, to the claimant, regardless if the claimant is a natural or juridical person. Payment is due in maximum 30 days from the day of the compensation decision;
  2. The Supplier pays compensations depending on the declared value of the consignment (and insurance paid) as follows:
    1. in case of total loss (disappearance, theft):
      1. in amount of up to the entire declared value per parcel, depending on the compensation decision and the documents related to the claim;
      2. in amount of £0.00 for items identified at articles IV.2.A and IV.2.B;
    2. in case of total deterioration of the content (total damage):
      1. in amount of up to the entire declared value per parcel, depending on the compensation decision and the documents related to the claim;
      2. in amount of £0.00 for items identified at articles IV.2.A, IV.2.B and IV.2.C.a;
    3. in case of content theft, partial damage (internal or external):
      1. a percent amount of the declared value per parcel, for the missing, destroyed or damaged part or items. The compensation decision shall take into consideration the missing weight, proven degree of damage and value of the products proven by the related documents of the claim;
      2. a percent amount depending on the damage of up to the maximum limit amount of £50.00/parcel for assembled furniture sets (other than flat-packed), couches, armchairs, beds, sofas, mattresses or other furniture pieces that require the presence of at least 2 people at handling (article IV.2.C.b);
      3. a percent amount depending on the damage of up to the maximum limit amount of £100.00/parcel for large household appliances (white goods) – refrigerators, deep-freezers, washing machines, ovens, gas cookers, dishwashing machines, microwave ovens (article IV.2.C.b);
      4. a percent amount depending on the damage of up to the maximum limit amount of £200.00/parcel for TV sets of any kind, including LCD, plasma TV, digital, PC monitors, laptops, tablets, monitors, iPad, smartphone, mobile phones (article IV.2.C.b);
      5. in amount of £0.00 for items identified at articles IV.2.A, IV.2.B and IV.2.C.a;
  3. For the above mentioned cases, in addition to the stipulated compensations the claimant will also be refunded the standard amounts paid for the transport of consignment which was lost, totally damaged or destroyed or for parts of the consignment that were lost, stolen or totally damaged, depending on the case;
  4. Additional costs, penalties and the cost of the insurance at declared value cannot be refunded, the refunded amounts being strictly related to the standard tariffs paid for the supplied services;
  5. In order to receive the determined compensation as a consequence of the claim, the Beneficiary, as juridical person, must issue an invoice without VAT, in total value specified by the compensation decision, mentioning the claim reference number as well as its bank details;
  6. The natural persons entitled to receive compensations following a claim must indicate to the Supplier the bank details necessary to make the payment;
  7. If according to the procedure, the claimants do not provide the specified invoices (juridical persons) or the bank details required to make the payments within 30 calendar days from the date the compensation decision has been communicated to them, the Supplier will consider the Beneficiary’s attitude as being a quiet waiver of any compensation rights and of the amounts approved for this purpose, the payments being unilateral cancelled;
  8. According to the valid legislation and the provisions of these contractual terms between the Supplier and the Beneficiary, the Supplier is completely exonerated of liability and will not offer compensations if:
    1. the damage has been a consequence of the sender’s actions, or omission or action of one of the parties involved: sender, receiver, order Beneficiary or their representatives involved in certain operations;
    2. the damage has been a consequence of the action of a third party for which the Supplier is under no duty to accept liability according to the law (customs, legal bodies, etc. – the subcontractors and direct partners of the Supplier are excluded, as the Supplier shall share liability with them);
    3. the consignment has been received without objections and notification in maximum 48 hours by the receiver;
    4. the damage occurred following a force majeure case (war, accident, embargo, etc.) or a fortuitous event (earthquake, storm, floods, etc.), situations in which the Beneficiary is entitled to be refunded the paid tariffs, with the exception of the additional costs, penalties or insurance tariff;
    5. the damage occurred because of goods which by nature favour breaking, leaks, rusts, self-ignition, decomposition, stagnation, action of parasites or the damages are of magnetic or electric nature, as deletion of electronic data and images.

XIII. DUTY OF THE SUPPLIER. LIMITS OF LIABILITY

  1. The Supplier is liable, as follows, from the moment of accepting the consignments of the Beneficiary until delivery at the receiver:
    1. for loss or deterioration of goods following internal consignments, in Romania, according to the provisions of the Romanian Government Emergency Ordinance no. 31/2002, completed with the other valid laws;
    2. for loss or deterioration of goods during international transit or on the ground of Great Britain according to the provisions of the CMR for road transport and the Warsaw Convention, Montreal Convention for air transport or the provisions of OFCOM of Great Britain;
  2. The Supplier is not liable and cannot be imputed the special losses (loss of profit, of income, interests, trading markets, tenders) or other indirect damages and prejudices generated by the delay, loss, destruction, harmed delivery or non-delivery of the parcel;
  3. The liability of the Supplier for the loss, theft or damage of the goods is, in addition to the legally regulated cases, excluded if:
    1. the consignment is excluded from delivery according to the provisions of chapter IV (LIST OF RESTRICTIONS) or Supplier liability is limited by these provisions (IV.2.B and IV.2.C);
    2. the damages are caused by act of the sender, by acts or omissions of the Beneficiary, receiver of their respective agents;
  4. In case the Supplier assigns the obligation to supply postal services to a third party (subcontractor or contractual partner), the liability for the eventual damages caused to the Beneficiary shall rest with the Supplier.

XIV. FINAL PROVISIONS

  1. The Beneficiary cannot contest or file a claim against these provisions and contractual terms;
  2. The provision within this document shall be cancelled only by a court decision or only if the Supplier admits as fully justified a certain amendment;
  3. The contradictory agreements shall be valid only if they are drafted in writing. This requirement which entails written form cannot be eliminated verbally;
  4. The completion and jurisdiction venue is the registered office of the postal service Supplier, who accepts the order of the Beneficiary;
  5. Any contingencies unforeseen by these general terms shall be, based on the valid legal system, supplemented with any provisions that best fit at purpose and aim in the respective contingency;
  6. The applicable law shall be that of the country in which the registered office of the service Supplier is located. The international consignments will be subject to the provisions of CMR or Warsaw Convention/Montreal Convention;
  7. EASTLINES LIMITED is a limited liability company (LTD) registered in Great Britain and it submits to the English law and authorities. For legal claims it can be summoned in the courts of England or Wales. The summons can be received at the registered office of UNIT 9 BARRATT WAY, HARROW, HA3 5TJ, UNITED KINGDOM.
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