Complaints settlement mechanism for Dynamic Parcel Distribution SA
CHAPTER I: Defining terms
Within the meaning of GEO no. 13/2013, updated to date, the following terms are defined as follows:
- postal services - services consisting of the collection, sorting, transport and delivery of postal items;
- collection - the operation of receiving postal items carried out either through access points or from an address indicated by the sender;
- distribution - the process that begins with the sorting of postal items and ends with their delivery to recipients;
- postal item - goods addressed, in the final form in which they are to be transported and delivered to the address indicated by the sender on the consignment itself, on the packaging or in a distribution list;
- postal service with declared value - the postal service whose particularity consists in insuring a registered postal item against loss, theft, total or partial destruction or damage, for an amount not exceeding the value declared by the sender, and in issuing, upon request, after the submission or delivery of the postal item, proof of the submission of the postal item or delivery to the consignee, without being confirmed in writing by the consignee;
- cash on delivery service - the postal service whose particularity consists in the payment by the consignee to the sender, through the postal network, of the value of the good that is the object of the registered postal item;
- provider of postal services - any authorized natural person, individual enterprise, family enterprise or any legal person whose activity consists, in whole or in part, in the provision of one or more postal services;
- universal service provider - the postal service provider providing one or more postal services within the scope of the universal service, designated for this purpose by the regulatory authority;
- sender - the natural or legal person initiating the postal item and, in person or through a third party, introduces it into the postal network;
- recipient - the person to whom the postal item is addressed;
- user - any natural or legal person benefiting from the provision of a postal service as sender or consignee
CHAPTER II: Registration and settlement of complaints
Any complaint regarding postal items will be made in writing, by completing a request for complaints (Annex 1) and may be sent by the following means of communication:
- by post office with return receipt;
- by deposit at the office of the postal service provider;
- scanned by email using one of the following addresses: [email protected] or [email protected]
Each claim receives a registration number that will be subsequently entered in all communications that will be made between the postal service provider, Dynamic Parcel Distribution SA and the claimant.
The right to file a complaint has:
- For the NATIONAL service - the sender, the recipient or their legal / conventional proxy.
- For the International service - the sender or its legal / conventional proxy, respectively the consignee in case of shipments for which the “collection request” service was used.
The object of the complaint may be:
- total or partial loss, theft, destruction / damage of postal items;
- non-compliance with the delivery time of postal items, according to the contract concluded between the supplier and the beneficiary;
- professional conduct of DPD representatives;
- any other objections regarding the quality of services.
The term for introducing the preliminary complaint addressed to the postal service provider - in this case SC Dynamic Parcel Distribution SA is: 6 months and is calculated from the date of submission of the postal item.
Complaints regarding the packaging, number of packages or their weight are made upon delivery and not after it.
In order to be registered by Dynamic Parcel Distribution SA, the complaint must be accompanied by the following documents:
- Standard complaint request that can be found at any DPD office or can be downloaded online by accessing the following link:
- Proof of submission / receipt of shipment - copy of the slip
- Fiscal documents attesting the value of the goods that are the object of the compensation, in case of shipments with declared value;
- Fiscal documents attesting the payment of the transport for the claimed shipment;
- Finding report concluded in the presence of the DPD representative - if applicable.
The lack of one of the above documents makes it impossible to resolve the complaint.
The sender / consignee or their legal proxies will be entitled to compensation, only if the claim has been filed within the time limits provided above.
The term for solving the complaint is 30 calendar days from the date of its introduction.
If the complaint lodged by the user is not resolved or is unsatisfactory for the user within 30 calendar days, the user concerned may lodge a complaint with the regulatory authority. The complaint submitted to the regulatory authority shall be accompanied by proof of the prior complaint procedure. The right of neither party to apply to the competent courts under the law shall not be conditioned. In all cases, the time limit for filing a complaint or filing a lawsuit is one year. The prescribed limitation period runs from the date of submission of the postal item. The summons may be lodged whether or not a complaint having the same object has been lodged with the regulatory authority.
CHAPTER III: Limitation of liability
The limitation of liability is in accordance with the General Terms and Conditions of Carriage of DPD (Dynamic Parcel Distribution SA), which can be found at any DPD office or at the following address:
The postal service provider DPD - Dynamic Parcel Distribution SA is not responsible in the following cases:
- according to XV of the Terms and Conditions:
- accidental event, for example earthquake, storm or flood
- force majeure, for example war, plane crash or embargo
- any defect or characteristic of the nature of the load
- the shipment was received without objections by the recipient;
- any action or omission of any person outside the service provider postal. For example: sender, consignee, any interested third party, customs or other government institutions
If the service user has additionally insured the transport performed by Dynamic Parcel Distribution - DPD and has issued another insurance policy to another insurance company, the liability of the postal service provider is limited exclusively to the legal limit provided by law in force, detailed in Chapter IV.
CHAPTER IV: Compensation procedure
The compensation procedure is in accordance with the DPD Terms and Conditions.
Dynamic Parcel Distribution SA is responsible for internal shipments, as follows:
- a) in case of total loss, theft or destruction:
- with the entire declared value, for a shipment that is the subject of a forwarding service with declared value;
- with the entire declared value, for a shipment that is the subject of a cash on delivery service, until the moment of delivery to the recipient;
- with the full value of the refund, for a item that is the subject of a cash on delivery service, after its delivery to the recipient, when the postal service provider has failed to collect the refund from the recipient;
- with the amount representing 5 times the service tariff, for postal items that are not the subject of a sending service with declared value
- b) in case of partial loss, partial destruction or damage:
- with the declared value for the missing, destroyed or damaged part, registered in the inventory note, for the open deposited postal items, which are the object of a sending service with declared value;
- with the amount representing 5 times the service tariff, in case of partial loss, partial destruction or damage of the postal items that are not the object of a sending service with declared value;
- in the case of a consignment which is the subject of a cash-on-delivery service, the postal service provider shall be liable for the full amount of the refund for failure to return the full value of the item to the sender or the refund was partially collected from the recipient. "
- the sender may waive his right to compensation in favor of the recipient.
The term of payment of the compensations is of maximum 30 calendar days from the date of solving the claim, the payment being made either in cash or by bank transfer, as follows:
If after analyzing the documents provided by the user it is found that based on the DPD Terms and Conditions, he is entitled to receive a sum of money as compensation, the payment of these amounts will be made as follows, within the deadline set above:
- legal entities
- The legal entity issues an invoice to Dynamic Parcel Distribution SA
- It is specified on the invoice “compensation, according to contract no. _____ from _____, for damage caused during transport "
- VAT does not apply to the amounts included on the invoice.
- If the client's approval request has been approved, he will be informed in this regard and will have to issue and send to Dynamic Parcel Distribution SA an invoice under which the compensation will be paid.
If the customer does not send, within 30 calendar days, the aforementioned invoice by e-mail, registered letter or any other means that ensures the transmission of the text and proof of receipt, Dynamic Parcel Distribution SA will consider this attitude as representing a tacit waiver of the customer at the amount representing the equivalent value of the approved compensations. The term of 30 calendar days will run from the date on which the client was informed that his claim has been approved and can issue the invoice for compensation.
- natural persons - If the client has been approved the claim, he will be informed in this regard and will have to send to Dynamic Parcel Distribution SA complete and correct information related to the account number, bank and branch where he is open, information on the basis of which the compensation will be paid later.
If the client does not send, within 30 calendar days, the information related to the account number, bank and branch by e-mail, registered letter or any other means that ensures the transmission of the text and proof of receipt, Dynamic Parcel Distribution SA will consider this attitude. as representing a tacit waiver of the client to the amount that represents the equivalent value of the approved compensations. The term of 30 calendar days will run from the date on which the client was informed that his claim has been approved and may submit the information for compensation.
CHAPTER V: Transitional and final provisions
The secrecy of letters, documents and other postal items is guaranteed by law. All persons involved in the activity of postal services are obliged to ensure the confidentiality of shipments. It is forbidden to violate or disclose the contents of correspondence or other postal items, to provide information about those who use the postal services or to facilitate and encourage such acts.
Postal items considered criminal bodies as well as all values and acts considered important in discovering crimes and their perpetrators and for finding out the truth may be made available to criminal prosecution bodies or courts, but only on the basis of the written order given by the competent magistrate according to the Code of Criminal Procedure.
Postal items belong to the sender until they are delivered to the recipient. Until this moment, the sender has the right to withdraw them, to modify the address written on them.
Shippers of postal items are liable to the postal service provider, Dynamic Parcel Distribution SA for damages resulting from the dangerous nature of postal items or their inadequate packaging conditions, up to the amount of damages and amounts paid as compensation to other beneficiaries of postal services whose referrals were damaged because of this.
All the other definitions / mentions that can be found in GEO no. 13/2013 complete and are applicable to this mechanism.