Resolution mechanism of complaints for SC Dynamic Parcel Distribution SA
Chapter I : Definition of terms
For the purposes of the Government Ordinance no. 31 of 30 January 2002, approved, with amendments and completions by Law 642/2002, the following definitions shall apply:
- postal services - public-oriented services consisting of collection, sorting, transport and delivery to the addressees of postal items, professional nature and for profit;
- collection - teaching operation of postal;
- distribution - the process which starts from sorting at the distribution center of the postal and ends with their delivery to recipients;
- reference - a good in final form to be transported and delivered, in another way than electronic means to the address indicated by the sender; This category includes mail, as well as books, catalogs, newspapers, periodicals and postal parcels containing goods with or without commercial value;
- international reference - postal item sent from Romania to an address that is not on this territory or sent from outside Romania to an address located on its territory;
- insured service - postal service whose particularity is the insurance of a postal against a postal loss, theft, total or partial destruction or damage for an amount equal to the value declared by the sender;
- cash-on-delivery service - postal service whose particularity consists of the payment of the property subject to the postal sender to the recipient through the postal network;
- postal service provider - legal person providing postal services;
- universal service provider - the postal service provider which provides one or more postal services within the universal service, officially approved by the regulatory authority;
- sender - the person who effectively generates the postal item and, personally or through an intermediary, introduces the public postal network;
- recipient - the person to whom it is addressed postal item;
- user - the person benefiting from postal services as a sender or recipient;
Chapter II : Registration and solving procedure of complaints
Any complaint relating to the postal items shall be made in writing by completing a complaint form (Annex 1) and it will be sent through the following channels of communication:
- by mail with return receipt;
- by deposition at the main office of the service provider or fax to 031.824.9053;
- scanned on email using one of the following addresses: [email protected] or [email protected] .
Every complaint will receive a registration number which will be passed subsequently on all communications which will be made between the postal service provider, Dynamic Parcel Distribution SA and applicant.
Right to make a complaint has it:
- For DPD National Classic - the sender, the recipient or legal representative / their conventional.
- For DPD Classic International - the sender or the legal representative / conventional thereof, respectively the recipient when the service which was used is "collection request”.
The subject of complaint can be:
- loss, theft, destruction / total or partial damage of the postal items;
- failure to comply of postal delivery time, according to the contract between supplier and customer;
- professional conduct of DPD representatives;
- any other complaints about the quality of the services.
The deadline for input of the prior complaint addressed to the postal service provider - namely SC Dynamic Parcel Distribution SA is 6 months and is taking in consideration from the date of takeover by the postal service provider of the postal item .
Complaints about the package, number of packages or their weight are made at the delivery time and not thereafter.
To be registered by Dynamic Parcel Distribution SA the complaint must be accompanied by the following documents:
- Request standard complaint which can be found to any workstation DPD or can be downloaded online accessing the following link: http://www.dpd.com/ro/Home/Informatii/Solutionare-sesizari ;
- Proof of takeover sending – docket copy or carbonless copy of Maxilabel DPD, DPD Parcel Shop;
- Fiscal documents certifying the value of assets subject to compensation (if possible) and a description of the goods list;
- documents attesting payment of transport tax for the claimed postal item;
- Statement on own responsibility which attests that the transport was not provided to another insurance company;
- Minute report completed by the DPD representative - if necessary.
Failure to comply of any of the above documents leads to the impossibility of solving the complaint.
Consignor / consignee or their legal representatives shall be entitled to damages only if the complaint has been introduced in the above-mentioned deadlines.
The term of resolution of complaint is 30 calendar days from the date of its submission.
If within 30 days the complaint entered by the user is not solved or is solved unsatisfactory for the user, the customer has the way opened to address to the court, as required by Article 31 para. 5 of O.G No 31/2002.
Chapter III : Limitation of liability
Limitation of Liability is in accordance with the DPD Terms and Conditions of carriage (Dynamic Parcel Distribution SA), which are available at any workstation or at the following address DPD:
DPD postal service provider - Dynamic Parcel Distribution SA is not responsible in the following cases:
- according to Article 3 of Terms and Conditions;
- fortuitous event, eg earthquake, storm or flood;
- force majeure, eg war, plane crash or embargo;
- any defect or characteristic of the nature load;
- the item was received without objection by the consignee;
- any act or omission by any person outside the postal service provider. For example: (sender, recipient, any interested third party, customs or other government institutions).
In case the services user has additional secured the carriage made by Dynamic Parcel Distribution - DPD and it has issued and another insurance policy from another insurance company, the liability of the provider of postal services is limited exclusively to the legal limit stipulated by laws in force, detailed punctual in Chapter IV.
Chapter IV : Compensation procedure
The procedure for compensation is in accordance with the Terms and Conditions DPD.
Dynamic Parcel Distribution SA is responsible for internal postal items, as follows:
- a) in case of loss, theft or total destruction:
- with the entire amount declared for the postal items subject to an insured service;
- with the entire amount declared for a postal item subject to a cash-on-delivery service until delivery to the addressee;
- with the entire amount of the reimbursement, for a postal item subject of a cash-on-delivery service, after delivery to the addressee, when the postal service provider has omitted to collect reimbursement from the addressee;
- with the amount equal to 5 times the service charge for postal items not covered by a service with declared amount .
- b) in case of partial loss, partial destruction or damage:
- with the declared value for the missing, destroyed or damaged part, stated in the inventory note, for the open deposited postal items , the object of a service with declared amount;
- with the share part of the declared value of the missing weight for postal items deposited closed, the object of a service with declared amount;
- the share part of the amount referred to in subparagraph a) point 4, established in relation to the weight missing or with damaged contents weight for parcels not being the object of a service with declared amount.
The sender may waive his right to compensation in favor of the addressee.
The deadline for payment of compensation shall not exceed 30 calendar days from the date of complaint settlement, payment being made in cash or by bank transfer, as follows:
If after analyzing the documents received from the user is find that based on DPD Terms and Conditions, it is entitled to receive a sum of money as compensation, payment of such amounts will be done so, within the period stated above:
- legal entities
- The legal person issues an invoice to Dynamic Parcel Distribution SA;
- Specify on the invoice "compensation according to contract no. ______ from the date of_____________ for the damage caused during transport ___________________";
- At the amounts listed on the invoice the VAT is not applied.
- If the customer compensation claim's has been approved , he will be informed in this regard and will have to issue and transmit to Dynamic Parcel Distribution SA an invoice under which the compensation will be made. If the client does not transmit, within 30 days, the invoice mentioned above by e-mail, letter or any other means that provides transmission of the text and the proof of receipt, Dynamic Parcel Distribution SA will consider this attitude as representing a waiver tacit of the client to the amount which represents the value of compensation approved. The term of 30 calendar days will run from the date the customer was informed that his application for compensation was approved and may issue the compensation invoice.
- individuals – If the customer compensation claim's has been approved, he will be informed in this respect and will have to send to Dynamic Parcel Distribution SA complete and accurate information related to the account number, bank's branch at which is open, information under which subsequently the compensation will be paid.
- If the client does not transmit, within 30 days, the information about the account number, bank's branch by email, letter or any other means that provides transmission of the text and the proof of receipt, Dynamic Parcel Distribution SA will consider this attitude as representing a waiver tacit of the client to the amount which represents the value of compensation approved. The term of 30 calendar days will run from the date the customer was informed that his application for compensation was approved and may transmit the compensation information.
Chapter V : Transitional and Final Provisions
The secret of letters, documents and of other postal items is guaranteed by law.
All persons involved in carrying out the postal service are compelled to ensure the confidentiality of the postal items. It is forbidden to violate or disclose the content of correspondence or of other postal items, to give information about those who use postal services and encourage or facilitate such acts.
The postal items considered material evidence and all values and documents considered as being important in revealing of the offenses and of their authors and for finding out the truth can be made available to criminal prosecution bodies or courts, but only based on written arrangements data, granted by the competent magistrate under Code of Criminal Procedure.
The postal items belong to the sender until their delivery to the consignee.
Until the time of delivery, the sender has the right to withdraw them, modify the address printed on them.
The shippers of the postal items respond to the provider of postal services, Dynamic Parcel Distribution SA for damages resulting from hazardous nature of the postal items or of the conditions of inadequate packaging thereof,
in the limit of the value of damages and the amounts paid as compensation to other beneficiaries of postal services whose postal items have been damaged because of it.