Applicable from September 1, 2017

Transcription

1 Applicable from September 1, 2017 TERMS AND CONDITIONS of the provision of non-universal postal services GLOBAL Expres in cross-border traffic (consolidated text) I. GENERAL PROVISIONS 1 1. Terms and Conditions of the provision of non-universal postal services GLOBAL Expres in cross-border traffic, hereinafter referred to as Terms and Conditions, sets out the conditions of performance and use of a service within the scope of: 1) rules and conditions for receipt of consignments, 2) payment of fees, 3) delivery and release of consignments, 4) responsibility, 5) complaint procedure. 2. These Terms and Conditions are addressed to customers and employees of Poczta Polska. 3. It is available at as well as in every post office. 4. Relevant specimen forms for provision of the GLOBAL Expres service are available at as well as in evert post office. 2 The terms used herein shall have the following meaning: 1) Addressee - entity indicated by the consignor as recipient of the GLOBAL Expres - 1 -

2 consignment, 2) ASD After-sales Service Department, organizational unit in the structure of Poczta Polska, 3) delivery leaving a consignment in the addressee s letter box, postal box or usual place in a manner that does not violate the rules of law of the country of destination or release of a consignment in the postal facility, in case when it exceeds the dimensions allowing to leave it in a letter-box or postal box; recipient s signature at delivery is not required, 4) message sent via the electronic mail, 4a) payment instrument customized device or a set of procedures agreed by the user and the provider, used by the user to make a payment order, 5) D+n expected date of service execution, where D means the date of dispatch, n number of days from the day following the dispatch until the date of its delivery to the addressee in the country of destination, except for Saturdays and public holidays. List of countries or territories and expected time limits for execution of GLOBAL Expres service is available in all post offices and at 6) consignor entity, which concluded a service agreement with Poczta Polska, 7) post office organizational unit of Poczta Polska or post agent, in which Global Expres service agreement may be concluded, 8) postal facility designated organizational unit in the country of destination that delivers GLOBAL Expres consignments, 9) Poczta Polska Poczta Polska S.A., 10) Repealed, 11) GLOBAL Expres consignment unregistered postal consignment intended for sending correspondence, documents and goods, accepted by Poczta Polska for the purpose of transferring and delivery to the addressee in the country of destination without a receipt; consignments are specially marked with dedicated logo and bar code, 12) Regulation - regulation of the Minister of Administration and Digitization of November 26, 2013 on complaints regarding the postal services (JoL of 2013 item 1468, as amended), 13) SMS short text message sent via the mobile network GSM, 14) agreement an agreement concluded by and between the consignor and Poczta Polska on service provision, 15) act act of November 23, Postal Law (i.e. JoL of 2016, item 1113, as amended), - 2 -

3 16) Repealed GLOBAL Expres service consists of receipt in post offices, and then transfer and delivery to a foreign addressee, of consignments containing correspondence, documents or goods of mass up to 2,000 g. 2. Within the scope of this service, consignors may send materials and goods of a maximum value of PLN (fifty zloty). 3. Poczta Polska allows the consignor to track consignments from the moments of its dispatch until delivery thereof at 4. The consignor shall receive a notification of delivery to the channel of communication (SMS/ ) provided thereby. 5. Repealed. 6. The service shall be performed between Poland and countries or territories listed in the List of countries or territories and expected time limits for execution of GLOBAL Expres service, which is available in all post offices and at 7. The service is executed within expected time limits for delivery, providing that the consignment is dispatched before the cut-off time. The cut-off time for the dispatch of consignments is the time, when post office ceases to accept consignments, however not later than 3pm. Consignments dispatched after 3pm shall be treated as dispatched on the following day, except for Saturdays and public holidays. Expected execution dates are provided in the list of countries or territories and expected time limits for execution of GLOBAL Expres service, which is available in all post offices and at II. CONSIGNMENT ACCEPTANCE RULES 4 1. GLOBAL Expres consignments shall be accepted based on the agreement. 2. The agreement, which is referred to in it. 1 shall be concluded upon the acceptance of consignment and issuance of an individual code mark for the consignment (form no. 11). 3. The consignor may conclude a written agreement for provision of the GLOBAL Expres service, which shall include the terms of execution thereof. 4. We accept GLOBAL Expres consignments, which are labeled by: 1) Applying the consignor s and addressee s addresses in a legible and permanent - 3 -

4 manner. 2) Placing the mark of postal fee in the form of a mark serving to confirm that the fee for service is paid in case of the agreement, which is referred to in it Information specifying the consignor and the addressee, which are referred to in it. 4 p. 1 shall particularly contain the following data: 1) Name and surname or the full name, written legibly and in full, 2) City and country of destination written in capital letters together with a correct post code. 3) It is recommended to provide the country of destination in the Polish language as well as in a commonly known language, e.g. WŁOCHY/ITALY, HISZPANIA/SPAIN, WĘGRY/HUNGARY, 4) The address of consignment sent to the post box - if applicable, shall contain an appropriate indication that the post office is intended to possess a post-office box (e.g. P.O. Box, Case postale ). 6. The address of consignments sent to poste restante, i.e. collected from the post office, shall contain the addressee s name and surname, city/town, country of destination and, if possible, name of the post office where such consignment is to be released. The Poste restante indication shall be written in legible, bold letters between the full name/addressee s name and the city/town. 7. Specimens of proper addressing of cross-border consignments are available at The consignor, with whom the agreement has been concluded shall provide the labeling, which is referred to in 4 it. 4 p. 2 in the form of inscription or impression of a stamp of the following wording: OPŁATA POBRANA [Payment collected] TAXE PERCUE - POLOGNE umowa z Pocztą Polską S.A. ID nr. [agreement with Poczta Polska S.A., ID no..] As well as shall place it in the place dedicated for the mark of postal fee at the address side of consignments. 2. In case of consignor that pays the postal fee in the form, which is referred to in 10 it. 2 p. 1, payment of such fee shall be confirmed by marking the consignment with a label (form no. 279a) - 4 -

5 6 1. GLOBAL Expres consignments that contain any goods shall be subject to the customs inspection. 2. Consignments subject to the customs inspection shall be equipped with the customs declaration CN 22, which is placed at the consignment s address side. 3. It is acceptable that consignors use special envelopes or other packaging materials with printed customs declaration CN 22, subject to 7 it The customs declaration shall not be provided for consignments sent to the member countries of the European Union i.e. Austria, Belgium, Croatia, Denmark (except for Greenland and Faroe Islands), Estonia, Finland (except for Åland Islands), France with Corsica (except for overseas departments i.e. French Guiana, Guadeloupe, Martinique, Mayotte and Reunion as well as Andorra and Monaco), Spain with Majorca (except for Canary Islands, Ceuta and Melilla), Netherlands, Ireland (Eire), Lithuania, Luxembourg, Latvia, Malta, Germany (except for Heligoland post code and Büsingen post code 78266), Portugal (except for Azores and Madeira), Slovakia, Slovenia, Sweden, Great Britain and Northern Ireland (except for overseas territories), Hungary and Italy (except for San Marino, Livigno, Campione d Italia and Italian part of the Lake Lugano). 5. The customs declaration CN 22 shall be filled with a particular care as well as according to explanations included in the declaration. The consignor shall bear full responsibility for correctness and compliance of data with factual condition of the consignment. 6. If the consignor made a customs declaration on the goods sent in the consignment electronically in the export control system (so-called ECS), they shall fill: 1) either the label (form no. 286a) informing on acceptance of the declaration by the customs authority, if they previously performed the customs clearance in local customs office and then dispatches the consignment with goods, 2) or the label (form no. 286b) informing on sending the customs declaration to the customs office, if they did not physically perform the customs clearance of goods sent in the consignment in the customs office. The consignor enters customs numbers on the label with the use of appropriate procedure for electronic customs declaration, i.e. Movement registration number MRN issued by the Export Control System ECS or Taxpayer Identification Number TIN and Export Declaration Reference Number IE Consignments dimensions shall be as follows: - 5 -

6 1) Minimum the consignment s address side shall be at least 90 mm x 140 mm, 2) Maximum the sums of length, width and height shall not be longer than 900 mm, whereas the largest dimension (length) shall not exceed 600 mm, 3) If the consignment is rolled up: a) Minimum the sum of length and double the dimension shall not be less than 170 mm, whereas the largest dimension (length) shall not be less than 100 mm, b) Maximum the sum of length and double the dimension shall not be more than 1040 mm, whereas the largest dimension (length) shall not exceed 900 mm, 4) All dimensions shall have +/- 2 mm tolerance. 2. The GLOBAL Expres consignment shall be packed and closed: 1) in a manner that corresponds to the mass, dimensions and properties of their content, 2) so that it does not cause any danger for employees occupied with handling thereof as well as that it does not damage or contaminate other consignments or postal equipment It is forbidden to include the following items in GLOBAL Expres consignments: 1) coins, notes, currencies or any bearers, traveler's checks, either processed or unprocessed platinum, gold or silver, precious stones, jewelry and other valuable items, 2) dangerous items that are likely to harm persons or damage property, or cause contamination of or damage other consignments or postal devices, 3) items, packaging of which contains inscriptions or drawings that violate legally protected assets, 4) narcotics and psychotropic substances or other illegal narcotic substances forbidden in the country of destination, 5) explosive, inflammable or radioactive materials, 6) dismantled explosive devices and military equipment, including grenades, missiles and other similar items, as well as replicas of such items and devices, 7) infectious substances, 8) live animals and plants, 9) counterfeited items and illegal copyright-protected products, 10) aerosol cans, such as deodorants, hairsprays, hair dyes, etc., 11) Items, trade and import of which is prohibited in the country of dispatch/destination. 2. Basic information on customs prohibitions and restrictions in particular countries of - 6 -

7 destination is contained in the Additional information on postal services in cross-border traffic, which is available at and in post offices. 9 Poczta Polska shall have the right to refuse to accept the GLOBAL Expres service, if it does not satisfy the conditions specified in the Terms and Conditions or if acceptance and transfer of the consignment is forbidden under separate provisions. III. PAYMENT OF FEES The amount of fees for the service is specified and calculated under the price list or agreement concluded applicable as of the date of dispatch. 2. The fee for service shall be paid: 1) by cash - in advance, 2) b cashless payment: a) by payment instrument - in advance, if such payment is made in a post office, b) by money transfer to the bank account indicated in a written agreement - in advance, in arrears or as prepayment. 3. Agreements, which are referred to in 4 it. 3 shall be concluded by authorized directors of organizational units of Poczta Polska or by other authorized persons. IV. DELIVERY OF CONSIGNMENTS The GLOBAL Expres consignments shall be delivered to the address indicated on the consignment under internal regulations of the country of destination. 2. In case, when it is impossible to deliver the GLOBAL Expres consignment, it is returned to the consignor without charging any additional fees. 3. After delivery of the GLOBAL Expres consignment or upon the decision of the operator in the country of destination on its return, the consignor shall receive a notification of such fact by SMS or in case, when the consignor provided the selected communication channel at the consignment s dispatch, 4. GLOBAL Expres consignments addressed to post-office boxes or poste restante shall be released to the addressee with the effect of having been served

8 12 1. An undeliverable GLOBAL Expres consignment, which has been returned to Poland from abroad and which is unable to be delivered back to the consignor, shall be directed to DOP for further proceeding. 2. The GLOBAL Expres consignment, which is referred to in it. 1, shall be retained for 12 months since its dispatch. 3. In case, when the consignor acquired information that the GLOBAL Expres consignment has been directed to DOP, they may submit, within the time limit, which is referred to in it. 2, directly in DOP or via the post office, where execution of service was ordered, the request for release of the consignment sent to DOP. 4. Upon lapse of the time limit, which is referred to in it. 2 and failure to submit the request on conditions specified in it. 3, the undeliverable consignment shall be treated in accordance with provisions included in art. 33 of the act. V. LIABILITY OF POCZTA POLSKA Poczta Polska shall bear the liability for non-performance or improper performance of the service. 2. The service shall be deemed non-performed, if: 1) the consignment has been lest, whereas the consignment shall also be deemed lost, if delivery thereof or notification of the attempt to deliver thereof has not been made within 36 days from the day following its dispatch. 2) there occurs a total loss or total damage of the consignment s content. 3. The service shall be deemed improperly performed, if: 1) the consignment s delivery or notification of the attempt to deliver thereof has not been made within the expected time limits, which are referred to in 3 it. 7. 2) there occurs a partial loss or partial damage of the consignment s content For non-performance of the service, the consignor shall be entitled to receive a compensation in the amount claimed by the consignor, which shall not be larger than the value of lost items, which is referred to in 3 it For improper performance of the service, the consignor shall be entitled to receive a compensation: - 8 -

9 1) in case, which is referred to in 13 it. 3 p. 1 in the amount of PLN 10.00, 2) in case, which is referred to in 13 it. 3 p. 1 - in the amount claimed by the consignor, which shall not be larger than the value of lost items, which is referred to in 3 it In case of non-performance, Poczta Polska shall refund the entire fee paid for the dispatch of consignment, regardless of paid compensation, which is referred to in it Poczta Polska shall not bear any liability for consignments, which have been delivered (released) under the internal provisions of the country of destination. 16 Poczta Polska shall not bear any liability, if non-performance or improper performance of the service occurred: 1) as a consequence of the force majeure, 2) for reasons attributable to the consignor or the addressee, independent of Poczta Polska. 3) due to the consignor s or addressee's violation of these Terms and Conditions or improper protection of the consignment s content. 4) as a result of confiscation under the legislation of the country of destination. 17 Poczta Polska shall be liable neither for customs declarations regardless of the manner of filling thereof neither for decisions of customs authorities made during the control of consignments subject to the customs inspection. VI. LIABILITY OF THE CONSIGNOR The consignor shall bear the material liability for all damages made to other consignments, employees, third parties or the postal property as a consequence of dispatching of items not admitted to transport or failure to observe the established conditions. 2. In case of damages made to other consignments, the consignor shall be liable within - 9 -

10 the same scope as postal operator for each damaged consignment, unless there occurred fault or negligence of postal operators or carriers. 3. Acceptance of the consignment by a post office shall not exempt the consignor from their liability. 4. If the consignor observed the conditions of acceptance of the consignment, they shall not bear any liability, if there occurred a mistake or negligence of postal operators or carriers during processing or transport of the consignment after its acceptance. 5. The consignor shall be entitled to a full refund of the fee collected at the dispatch, if the consignment is not accepted for cross-border transfer for reasons attributable to Poczta Polska. VII. COMPLAINT PROCEDURE The right of claims shall be vested in the consignor, who concluded a service agreement with Poczta Polska. 2. Complaints shall be filed: 1) in writing or electronically, 2) verbally into a record. 3. Written complaints may be submitted via the form of Poczta Polska, which is available at 4. Electronic complaints may be submitted via the Poczta Polska s website Complaints shall include: 1) Name and surname or full name and address of the claimant, 2) Tracking number, 2a) date and place of dispatch, 3) justification, 4) object of complaint, 5) amount of compensation, in case, when the claimant requests the payment of compensation, 6) date and legible signature of the claimant (in case of submission of the complaint in a post office), 7) list of attached documents

11 2. The complaint shall be annexed with issued individual code mark/printout/electronic scanned copy. 3. The complaint may be submitted: 1) due to improper performance of the service, which is referred to in 13 it. 3 p. 1 - upon the lapse of at least 14 days following the date of dispatch, subject to complaints regarding the consignments sent to Australia and New Zealand, which may be filed upon the lapse of at least 25 days following the date of dispatch, 2) due to non-performance of the service, which is referred to in 13 it. 3 p. 1 - upon the lapse of at least 36 days following the date of dispatch, 3) upon the lapse of up to 12 months following the date of dispatch. 4. If the submitted complaint does not satisfy the requirements specified in 20 it. 1 or the complaint needs to be supplied with documents, which are referred to in 20 it. 2, the organizational unit that reviews a complaint shall request the claimant to remove the formal and legal defects within 7 days from the date of delivery of the request. This period shall not be included in the time of complaint consideration. 4a. Acceptance and consideration of complaint shall be free of charge. 5. Complaints submitted after the time limit specified in it. 3 p. 3 or by an unauthorized person shall be left without consideration, where relevant unit of Poczta Polska shall immediately inform the claimant about such fact Complaints shall be considered by a relevant organizational unit of Poczta Polska. 2. The organizational unit of Poczta Polska, which considers the complaint shall respond in the same manner, in which the complaint has been submitted within the time limit of up to 3 months from the date of complaint. The time limit shall be deemed observed, if Poczta Polska sends a response within this period. 3. Response to the complains shall include: 1) reference to the legal basis, 2) decision on the acceptance or rejection of the complaint, 3) name of the Poczta Polska s unit competent for consideration of the complaint, 4) in case of granting the compensation - the amount of granted compensation as well as information on the time limit and form of the payment thereof, no longer than 30 days from the acceptance of claim. 5) in case of rejecting the complaint in its entirety or part - factual and legal justification, 5a) instruction about the right to appeal as well as the name and address of the appeal

12 body, with which the appeal may be lodged, as well as an information on the possibility to make claims in the mode, which is referred to in it. 5, 6) signature of authorized employee of the Poczta Polska s organizational unit as well as information on their position, 7) date of response. 3a. An appeal shall be made within 14 days from delivery of the response to the complaint by the considering organizational unit, which within 7 days repeals its decision or transfers the appeal to the appeal body, which the claimant shall be immediately informed about. 3b. In case of lodging the appeal after the time limit, which is referred to in it. 3a, the complaint shall be left without consideration, which the claimant shall be immediately informed about. 3c. The appeal body, which received the appeal, within the limit of up to 30 days following the date of lodging the appeal by the claimant, shall inform the claimant about: 1) acceptance of the complaint and granting the compensation as well as submission of the payment order to the considering organizational unit in order to pay the compensation due, 2) Rejection of the complaint and dismissal of the complaint as well as exhaustion of the complaints procedure and the right to enforce claims by means of a court proceeding, in a proceeding concerning the extrajudicial resolution of consumer disputes conducted by the President of the Office of Electronic Communications or in a proceeding before the Permanent Consumer Arbitration Court of the President of the Office of Electronic Communications. 4. The complaints procedure shall be deemed exhausted in case of refuse to accept the complaint or failure to pay the sought amount within 30 days following the acceptance of complaint. 5. Before exhaustion of the complaints procedure, the claimant may enforce their claims by means of a court proceeding, in a proceeding concerning the extrajudicial resolution of consumer disputes before the President of the Office of Electronic Communications or in a proceeding before the Permanent Consumer Arbitration Court of the President of the Office of Electronic Communications. 6. The proceeding concerning the extrajudicial resolution of consumer disputes between the consignor or addressee and Poczta Polska shall be conducted by the President of the Office of Electronic Communications (address of the official seats: 18 Kasprzaka Street 20, Warsaw; website: at the addressee s or consignor s request, or ex officio, if protection of the consumer s interest so requires. Within the framework of the above proceeding, there may be resolved consumer disputes between

13 the consumer residing within the territory of the Republic of Poland or other EU country other than Poland and Poczta Polska. Consumer shall mean a natural person transacting with an entrepreneur in a way that is not directly related to their economic or professional activity. The dispute may also be conducted, when the consignor or addressee is not a consumer. Request for initiation of proceeding may be lodged in paper form or electronically. 7. In case of a refusal to accept the consumer s complaint in its entirety or part, Poczta Polska shall inform the claimant on the agreement or refusal to participate in the proceeding concerning the extrajudicial resolution of consumer disputes before the President of the Office of Electronic Communications. 22 The compensation, which is referred to in 14 for non-performance of improper performance of the service as well as refunds shall be paid in accordance with a written order of the claimant within the time limit of up to 30 days following the complaint s acceptance. VIII. PROTECTION OF PERSONAL DATA Administrator of personal data of consignors and personal data of addressees provided by consignors is Poczta Polska S.A. with its registered office at 8 Rodziny Hiszpańskich Street, Warsaw. 2. Contact with the Inspector of Personal Data Protection (since May 25, 2018): Inspector of Personal Data Protection of Poczta Polska S.A., 8 Rodziny Hiszpańskich Street, Warsaw, inspektorodo@poczta-polska.pl. 3. Personal data of persons indicated in it. 1 shall be processed for the purpose of provision of the service, in accordance with the agreement, which is referred to in 4 it Provisions of personal data is voluntary, however necessary for the purpose of execution of the service in accordance with the agreement, which is referred to in 4 it Subject of the data shall have the right to access the content as well as correct the content of this data. 6. Personal data shall be stored for 12 months following the date of acquisition thereof. 7. Personal data shall not be disclosed to other entities

14 IX. FINAL REGULATIONS 24 Poczta Polska, in justified cases, particularly in specification of technological requirements or specific expectations by the consignor, in written agreement with the consignor, may establish individual terms of execution of the service other than specified in these Terms and Conditions, adjusted to the consignor s needs, particularly within the scope of: 1) date of service execution: 2) manner of preparing the consignments for dispatch. 25 To the matters not provided herein, the regulations of the commonly applicable law shall apply, particularly the regulations of the Universal Postal Union, act and regulation