General terms and conditions
Translation from Romanian
General Conditions on Supplying Postal Services
of S.C. DYNAMIC PARCEL DISTRIBUTION S.A. (hereinafter referred to as “DPD”).
1. Postal parcel - postal shipments with a maximum weight of 50 kg, consisting of goods having commercial value or not;
2. Express service - postal service that cumulatively presupposes:
- issuance by the Supplier to the sender of a document that certifies the date and hour of submission, as well as the payment of the tariff, as a rule;
- delivery of the postal shipment to the recipient’s address, personally to him or to the person authorized to receive the postal shipment;
- liability of the Supplier for delayed delivery of the postal shipment;
- fast delivery of the postal shipment;
3. Cash on delivery service - postal service having as object registered postal shipments, whose particularity resides in paying the equivalent value of the good subject matter of the postal shipment by the recipient to the sender through the postal network;
4. Advice of delivery service - postal service having as object registered postal shipments, whose particularity resides in the delivery to the sender of the advice concerning the delivery of the shipment, confirmed in writing by the recipient;
5. Destination change service - postal service having as object registered postal shipments, whose particularity resides in the possibility to change, upon the express request of the sender, before delivery and within a term agreed upon with the Supplier, the recipient or the address recorded on the postal shipment, as well as in case the delivery of the postal shipment is ceased;
6. Special delivery service - postal service having as object registered postal shipments, whose particularity resides in the delivery of the postal shipment according to the sender’s indications concerning the date and hour of delivery, to the indicated address, personally to the recipient or to the person authorized to receive the postal shipment or the order of delivery if there are several recipients;
II. General Provisions.
1. These General Conditions on Supplying All the Postal Services of DPD shall be applied to all the contracts for supply of postal services, including in the cases of non-acceptance of postal shipments, other than the cases where other mandatory provisions from the Memoranda of Association shall prevail.
2. The contracting parties are the customer and DPD, accepting the order to organize the delivery of the postal shipments. The postal shipment shall be delivered through DPD postal network and third parties mandated for this purpose. The contract shall come into force on or before the acceptance of a postal shipment for delivery.
III. Postal services, included in the area of the universal service, and supplied by DPD are:
1. Collecting, sorting, transporting, and delivering postal shipments having a weight of up to 2 kg (correspondence, printed materials);
2. Collecting, sorting, transporting, and delivering postal parcels having a weight of up to 10 kg;
3. Distributing postal parcels having a weight of up to 20 kg, shipped outside the territory of Romania to an address situated on its territory;
4. Registered shipment service, having as object postal shipments having a weight of up to 2 kg;
5. Shipment service with declared value, having as object postal shipments having a weight of up to 2 kg or postal parcels having a weight of up to 10 kg, namely postal parcels with a weight limit between 10 and 20 kg, shipped from outside the territory of Romania to an address situated on its territory.
IV. Postal services not included in the area of the universal service, and supplied by DPD are:
- Services having as object postal shipments exceeding 2 kg. (correspondence, printed materials); Service of postal advertising;
- Services having as object internal postal parcels with weight limits between 10-50 kg;
- Services having as object postal parcels with weight limits between 10-50 kg, shipped from the territory of Romania to an address situated outside its territory;
- Services having as object postal parcels with weight limits between 20-50 kg, shipped from outside the territory of Romania to an address situated on its territory;
- Cash on delivery service;
- Destination change service;
- Special delivery service;
- Advice of delivery service;
- Express service.
V. Conditions that must be met by the postal shipments:
1. size and weight of the postal shipment;
Postal shipments with the following sizes and weights shall be accepted:
30 kg - international shipments subject matter of the express service;
31.5 kg - international postal shipments;
40 kg - internal postal shipments;
3 kg - internal postal shipments subject matter of the express service;
Maximum length: 175 cm by road, 120 cm by air.
Circumference + length: 300 cm (Circumference = 2 x height + 2 x width).
Each postal shipment shall be identified by a sole transportation number.
2. manner of packaging or processing degree of the postal shipment;
The Customer shall be solely liable to assure the inner and outer adequate packaging and accurate marking of the shipments. The transport demands a packaging in such a manner as the content of the shipments should be sufficiently protected from the handling caused by the related equipments, various atmospheric conditions, where the case may be, and mechanical handling (diagonally falling height from 80 cm). The untraceable access to the contents of the shipments must not be possible.
As regards the packaging manner, the customer must ensure that the goods to be shipped are NOT to be packed in several individual parcels bound/connected to each other under the same sole transportation document.
3. filling out the identification data of the recipient: they must be accurate and complete, as follows: Surname, Forename, Postal Code, Locality, Address, preferably of the sender as well, unless this concerns the cash on delivery service, in which case the sender’s data must be recorded as well;
4. the minimum or maximum number of postal shipments that may be the subject matter of the postal service: at least 1, other than the service of postal advertising, in which case the minimum number is of 500 postal shipments;
5. postal shipments that may be refused for delivery (e.g. postal shipments that cannot be processed with the usual staff and means in the possession of the supplier; whose delivery is prohibited by the legal provisions; etc.);
6. geographical areas where the supplier may deliver postal shipments by its own means and geographical areas where it can assure the delivery through another supplier: entire Romanian territory;
7. proof of identity/capacity as representative of the sender of the person that submits the postal shipment to the access point personally served: in case of the individual, by identity card / in case of the legal entity, by delegation/power of attorney, signed and stamped;
8. in case of Cash on delivery service: maximum limit accepted for the Cash on delivery is of RON 5000/day/legal entity and limitless/individual;
9. manners to pay the postal service tariff: cash/payment order/promissory note /check/compensation;
10. (permitted) currency in which the collection may be made, namely payment of the amounts of money in case of Cash on delivery service: RON.
VI. The following shall be excluded from collection, sorting, transporting, and delivery:
1. The following shall be excluded from collection, sorting, transporting, and delivery:
1.1 All the shipments incompliant with the conditions provided by Sections V and VI;
1.2 Goods with special value, especially precious metals, genuine jewels, precious stones, genuine pearls, antiques, art works, paintings;
1.3 Counterfeited goods, negotiation instruments, money, valuable documents, original deeds, securities, credits, checks or telephone cards or certificates of a similar value;
1.4 Vouchers and access tickets with a value exceeding EUR 520 / shipment;
1.5 Furs, rugs, watches, other jewelry items, and leather goods with a value exceeding EUR 520/shipment;
1.6 Other goods with a value exceeding EUR 13 000/shipment;
1.7 Parcels whose contents, outer aspect are against the law;
1.8 Fire arms as they are defined in the law on fire arms from Romania, a transit country or the destination country;
1.9 Postal shipments residing in goods whose transport is prohibited by the legal provisions, even only on a part of the track;
1.10. Postal shipments whose package has inscriptions that contradict public order or proper manners, as well as postal shipments consisting of goods that contradict public order or proper manners, if they are submitted without a package;
1.11. Postal shipments having labels or old inscriptions not removed;
1.12. Postal shipments that may cause, by the packaging manner or nature of the contents, deteriorations to some goods or may endanger persons, perishable goods, foods, cigarettes (above the limit set by the law), live or dead animals, materials for medical or biological examinations, medical wastes, human or animal remains, body parts or organs;
1.13 Hazardous goods, other than the cases when they are accepted for the delivery of postal shipments further to a consultation with the supplier of services, and a special contract was previously issued;
1.14 Postal shipments for which the cost of transportation or value of the contents must be collected upon delivery, excepting the cases when it was accepted (cash on delivery) for the delivery of postal shipments further to the consultation with the supplier of services, and a special contract was previously issued;
1.15 In case of international postal shipments, the contents of the shipments whose export or import is prohibited or needs special approvals in accordance with the regulations of the respective country for postal delivery, transit or destination;
1.16 The following categories of postal shipments are admitted for delivery only if, aside from the general conditions, special conditions are also met for the transport of such goods, as follows:
a) Postal shipments consisting of goods for which special conditions of transportation are set, by legal administrative, economic, sanitary, veterinary, phytosanitary, and other similar conditions, under the terms specified in these provisions;
2. DPD is authorized to refuse the continuous transport, if DPD discovers, after the acceptance of the goods, a reason to exclude or if there are any reasons to assume the exclusion of the parcel from delivery.
3. Acceptance for the delivery of the postal shipments of the excluded goods shall not be construed as a waiver of the exclusion from delivery;
4. In addition to any liability duly set up, the customer shall be liable for any direct or indirect damage resulting from the delivery of postal shipments of the goods that are excluded from delivery;
VII. Aim of Services.
1. The services cover:
1.1. Organizing the transport by transporters and delivering the shipments to the recipient;
1.2. If the recipient cannot be found, a second attempt of delivery shall take place;
1.3. The delivery, with the aim to complete the obligation, to the recipient or authorized person, unless there is a plausible reason to doubt the right of this person to take over the delivery (the identity of this person must not be verified, save for the registered postal shipments);
1.4. Returning to the client any parcels that cannot be delivered or that are refused by the recipient;
1.5. DPD shall implicitly attempt to deliver twice, in consecutive business days. Where the recipient or the person authorized to receive the postal shipment is not found at the destination place, DPD shall leave an advice including details on: the number of the transport document, postal code, address of the presence point of DPD where the shipment is to be stored, as well as data on the following attempt of delivery;
1.6. The recipient has the possibility to modify the delivery address or the day of the following attempt of delivery by using the platform www.livrarenoua.ro;
If, following the two attempts of delivery, the postal shipment is not delivered to the recipient, it shall be kept at the DPD presence point for 7 calendar days as of the date of the last endorsement, and during this period, the details of the last attempt of delivery can be established with the sender and/or recipient;
1.7. In case the postal shipment can neither be delivered to the recipient nor returned to the sender, it shall be kept at the DPD office for 9 months as of the taking over date.
VIII. Delivery Times.
1. Guaranteed delivery times for the internal postal shipments:
1.1. The quality conditions to be met by the supplied postal services, namely the guaranteed delivery times for the service of internal postal shipments are of 48 hours;
1.2. The term for returning the advice of delivery to the sender, within the service of advice of delivery, is of 48 hours as of the time of delivery;
1.3. The term to keep the postal shipments for delivery purposes, in case they could not have been supplied to the recipient, is of 7 calendar days as of the advice sent to the recipient;
1.4. The equivalent value of the postal shipment subject matter of the cash on delivery service shall be returned within a term of 7 business days as of the delivery of the shipment;
2. The guaranteed delivery times for the international postal shipments are:
2.1. in case of international postal shipments, the time during which the postal parcel is on the territory of Romania is of maximum 48 hours. Outside the territory of Romania, the term is of maximum 7 days;
3. Guaranteed delivery times for the express service:
3.1. The guaranteed delivery times for the Express service, starting with the postal shipment acceptance in view of delivery, and which shall comply with the following conditions:
a). in case of internal postal shipments, the delivery times shall not exceed 12 hours in the same locality, 24 hours between the county seats and intra-county, namely 36 hours between any other two localities.
4. Guaranteed delivery times for the international postal shipments subject matter of the express service:
4.1. in case of international postal shipments, the time during which the postal shipment is on the territory of Romania cannot exceed the limits provided for by these conditions;
4.2. in case of international postal shipments, the time during which the postal shipment is outside the territory of Romania cannot exceed the time during which the same postal shipment might be outside the territory of Romania should it be the object of the standard postal service supplied by the universal service suppliers;
4.3. DPD shall be liable to the sender for the delayed delivery of the postal shipments by paying penalties in amount of 0.15% from the service tariff, namely per 6 hours of delay, in case of the express service.
IX. Payment of Services.
1. Unless stated to the contrary hereinabove, the services shall be paid in accordance with the current price list of the supplier of services. The tariffs valid during the day when the delivery order was made shall be applied. Any modifications of tariffs from the DPD standard Offer, with at least 30 days before their validity, shall be communicated by a notification sent by courier, fax or e-mail to the address indicated by the Customer and need not the entering into of an addendum to the contract. The modification of the standard tariffs shall not bring about the modification of the percentage discounts granted, and need no appendix to this contract;
Should the Customer and DPD negotiate other terms and other conditions than the ones provided for in this document, the new terms and the new conditions shall be construed as an exception thereto. DPD introduces the fuel index, valid for the internal and international services;
The fuel index shall be computed on a monthly basis, based on the average price of the pump Diesel oil, during the last day of the month prior to the application, price which is obtained by going to: http://www.pretbenzina.ro/petrom. It shall be published on a monthly basis on the site: www.dpd.ro;
It shall be computed and recorded in the DPD invoice, according to a (grid) mechanism to be found in the standard offer of DPD and on the site: www.dpd.ro, offering the possibility to analyze the influence of the fuel price on the logistic costs. The fuel index shall be added to the value net of VAT of the services. The fuel index shall not be added to the services that exclude transportation;
2. The supplied services shall be paid in the following currency: RON, USD, EUR;
3. Manners to pay the postal service tariff: cash/payment order/promissory note/check/compensation;
4. In case of failure of the Customer to pay the value of the invoices on the agreed term, DPD may apply penalties in amount of 0.15 % for each day of delay, computed at the outstanding and unpaid value.
X. Obligation to Cooperate.
1. The Customer is liable to ensure that the addresses and transport documentation are error-free and accurately attached. PO boxes addresses or the delivery to an automatic service of shipment taking over shall not be accepted;
2. When postal parcels have taxable goods inside, the Customer shall be liable to ensure the entire documentation necessary for the customs, attached to the parcel, in an outer envelope;
3. Prior to the registration of the postal shipment at DPD, the customer must verify whether there are goods excluded from delivery, and must notify DPD for this purpose. If the delivery of the postal parcel needs specific packaging conditions, the Customer shall request the point of view of DPD or shall follow the instructions posted on www.dpd.ro under the section Packaging Modalities.
XI. Opening, Returning, Disposing of, and Destroying Postal Shipments.
1. The secret of the shipments cannot be tampered with;
2. DPD shall not open the postal shipment and shall not condition the supply of the postal services on opening the postal shipment which has been submitted closed;
3. Withholding, opening, and disclosing the contents of the postal shipments is allowed only under the conditions and by observing the procedure provided for by the law;
4. DPD may destroy the postal shipment that caused or may cause imminently important damages to people, environment, installations used or to other postal shipments, by notifying the sender, if possible. In this case, the contract ceases by unilateral denunciation by DPD. The burden of proof is incumbent upon the company Dynamic Parcel Distribution S.A.
XII. Liability for the Costs.
1. The costs for the customs formalities and for the customs export statement (as the case may be) shall be borne by the sender. In case of delivery requests, the recipient shall bear only the costs for the customs formalities;
2. In case of an import outside the EU, the import taxes, VAT, or any other applicable taxes are invoiced to the recipient. In case of an export outside the EU, the import taxes, VAT or any other applicable taxes are invoiced to the recipient, and if they are refused on the first request, they shall be invoiced to the sender;
3. The Customer shall reimburse to DPD all the costs borne by DPD as of the opening and / or disposing of and/or destroying the parcel according to Section XIV;
1. Save for the cases of deliberate damages or gross neglect of the Customer, the supplier of the service shall be liable as of the acceptance of the goods in view of delivering the postal shipments and until the delivery to the recipient.
2. In case of loss or deterioration of the goods during the internal delivery of the postal shipments, Dynamic Parcel Distribution shall be liable in accordance with the provisions of Government Emergency Ordinance 13/2013, supplemented with the other legal provisions in force;
3. In case of loss or deterioration of the goods during the international delivery of the postal shipments, DPD shall be liable in accordance with the provisions of the international agreements to which Romania is a party. Where there are no international agreements, the provisions of Government Emergency Ordinance no. 13/2013 and the provisions of section XV shall be applicable.
XIV. Limits of Liability.
1. Within DPD regulations, the maximum threshold admitted for the declared value is of EUR 13,000/parcel, and the insured amount grows by multiples of EUR 500.
2. For the amounts that exceed EUR 5000, it is possible to choose the service of delivery with declared value only by consulting and receiving a confirmation from DPD before the postal delivery takes place;
3. Solely the Customer (sender or recipient) shall be the Beneficiary of the eventual compensation. Any claims deriving from this cannot be attributed to any third parties;
4. Parcels covered by other insurance are excluded from DPD insurance by excess of liability;
5. We are not liable and we do not accept any special losses to be incumbent upon us (loss of profit, of income, interests, trading markets, tenders) or other indirect damages and harms generated by the delay, loss, destruction, harmed delivery or non-delivery of the parcel;
6. The supplier of postal services DPD - Dynamic Parcel Distribution SA shall not be liable in the following cases:
a) the damage was caused further to a deed of the sender or of the recipient;
b) the shipment was received without any objections by the recipient, save for the claims concerning the loss, theft, total or partial deterioration or destruction of the contents of the postal shipment;
c) the damage was caused further to a case of force majeure or to a fortuitous case; in this case, the sender is entitled to be reimbursed for the paid tariffs, other than the insurance tariff.
7. The liability of DPD for the loss or deterioration of its shipments is, in addition to the legally regulated cases, excluded if:
7.1. The content of the parcel is excluded from the postal shipment or the customer is unable to notify DPD that the goods are excluded from shipment, and DPD cannot detect this. DPD shall not be under the obligation to make the necessary verifications;
7.2. The damages are caused by acts or omissions of the customer, recipient, or their respective agents.
7.3. In case DPD assigns the obligation to supply postal services to a third party, the liability for the eventual damages caused to the customer shall rest with DPD;
7.4. In case of total or partial loss, total or partial destruction or deterioration of the postal shipment, DPD shall be liable for the caused damage, if such circumstances occurred between the submission of the shipment and the time of delivery to the recipient;
7.5. Dynamic Parcel Distribution SA shall be liable for the internal and international shipments, as follows:
a) in case of loss, theft or total destruction:
a.1. with the entire declared value, for a postal shipment subject matter of a service of delivery with declared value;
a.2. with the entire declared value, for a postal shipment subject matter of a service of cash on delivery, until the moment of delivery to the recipient;
a.3. with the entire value of the cash on delivery, for a shipment subject matter of a cash on delivery service, after its delivery to the recipient, when the supplier of postal services omitted to collect the cash on delivery from the recipient;
a.4. with the amount representing 10 times the tariff of the service, for postal shipments that are not the subject matter of a service of delivery with declared value.
b) in case of partial loss, partial destruction or deterioration:
b.1. with the value declared for the part that is missing, destroyed or deteriorated, recorded in the inventory advice, for postal shipments that have been submitted opened, and which are subject matter of a service of delivery with declared value;
b.2. with the share part corresponding to the weight that is missing from the declared value, for postal shipments that have been submitted closed, and which are subject matter of a service of delivery with declared value;
b.3. with the amount representing 10 times the tariff of the service, in case of partial loss, partial destruction or deterioration of the postal shipments that are not the subject matter of a service of delivery with declared value;
7.6. To the abovementioned amounts, legal penalizing interest shall be added, running as of the time when the precursory claim has been filed or, as the case may be, when the suing petition has been filed, whichever comes first;
7.7. Total loss of the contents equals the loss of the postal shipment;
Where the sender declared a value below the real value, the compensation shall be at the level of the declared value.
7.8. Apart from the provided compensation, the tariffs collected upon submitting the postal shipment shall be returned within the value limit of the failure to comply with the obligation undertaken by DPD. The collected tariffs shall be returned in full only in case of loss, theft or total destruction;
7.9. In case the supplies consisting of additional features of the postal services are not performed, as they were specified by the sender by special indications, only the tariffs collected in addition to the tariff applicable for the standard postal service shall be returned;
7.10. In case the proof of the delivery of the registered postal shipment, confirmed in writing by the recipient is lost, the supplier of the postal service shall be under the obligation to draft and make available to the sender a duplicate of the proof of delivery;
7.11 The sender may waive its right of compensation in the favor of the recipient;
7.12 DPD shall be liable to the sender for the delayed delivery of the postal shipments by paying certain penalties in amount of 0.15% from the tariff of the service in case of postal services which are not an express service.
XV. Claim Settlement Mechanism:
1. Any claim concerning the delivery of the postal shipments shall be made in writing, by filling out a claim petition, and may be sent by the following communication modalities:
• by post office, with advice of delivery;
• by submission to the registered office of the supplier of postal services or by fax at 031.824.9053;
• scanned by e-mail, using one of the following addresses: firstname.lastname@example.org or email@example.com;
2. Each claim is given a registration number to be communicated to the plaintiff by the same way by which the claim was sent or by the way demanded in the petition, and which shall be subsequently recorded in all the communications that shall take place between the supplier of postal services, Dynamic Parcel Distribution SA and the plaintiff;
Both the sender and the recipient have the right to file claims.
3. The object of the claim may be:
• the loss, theft, total or partial destruction / deterioration of the postal shipments.
• failure to comply with the time of delivery of the postal shipments, according to the contract entered into between the supplier and the beneficiary.
• professional conduct of the representatives of DPD.
• any other objections concerning the quality of the supplies.
4. The term to bring the precursory claim addressed to the supplier of postal services – namely S.C. Dynamic Parcel Distribution S.A. is of 6 months and shall be computed as of the submission of the postal shipment;
5. Claims concerning the package shall be submitted upon the delivery;
The claim shall be submitted individually for each and every postal shipment.
The claim must be accompanied by the following documents in order to be registered by Dynamic Parcel Distribution SA:
a) Standard application of claim, which is found at any DPD working point or may be downloaded online by going to:
b) Proof of taking over the postal shipment – copy of docket or Maxilabel DPD, Parcel Shop DPD copy;
c) Documents based on which the claims are grounded, in view of conducting accurate and complete analyses. Fiscal documents (fiscal bill, receipt, payment order, etc.), certifying the payment of the transport for the claimed delivery;
d) Finding minutes concluded in the presence of the DPD representative – if the case may be.
6. Absence of either of the documents above, depending on each case, shall result in the impossibility to settle the claim;
7. The sender / recipient or the persons duly authorized thereof shall be entitled to compensation only if the claim was brought within the terms provided for hereinabove;
8. The term to settle the claim is of 30 calendar days as of its submission date.
XVI. Compensation Procedure:
1. The payment term of the compensations is of maximum 30 calendar days as of the settlement of the claim, and the payment shall be made either in cash at our office, or by bank transfer, as follows:
If, further to the analysis of the documents made available by the user, he is found entitled, based on the General Conditions on Supplying Postal Services of DPD, to receive an amount of money as compensation, the payment of such amounts shall be made as follows, within the term established hereinabove:
a) legal entities:
a.1. The legal entity issues an invoice to Dynamic Parcel Distribution S.A.;
a.2. The invoice shall specify “compensation, according to contract no. _____ from _____ , for the damage caused during transportation”;
a.3. VAT shall not be applied to the amounts included in the invoice;
a.4. In case the customer was approved the compensation petition, it shall be notified for this purpose, and must issue and send to Dynamic Parcel Distribution S.A. an invoice by means of which compensation should be paid to it.
In case the Customer was approved the compensation petition, it shall be notified for this purpose, and must send to Dynamic Parcel Distribution SA complete and accurate information related to the account number, bank and branch where it is held, information based on which compensation should be subsequently paid, if he desires that the payment should be made in the bank account. In case of individuals, the compensation may also be made in cash at the registered office of DPD.
The senders of postal shipments shall be liable to the supplier of postal services. S.C. Dynamic Parcel Distribution S.A. for damages resulted from the hazardous nature of the postal shipments or inadequate packing conditions thereof, within the limit of the damage value and of the amounts paid as compensation to other beneficiaries of the postal services, whose postal parcels were deteriorated due to this cause.
The reception of the banking information offered by the prejudiced user in view of transferring the equivalent value of the prejudice shall be confirmed by e-mail or fax, where the e-mail address or the fax number is specified or in writing, by courier.
2. In all cases, the term to file a complaint or to bring the suing petition is of 1 year. The provided limitation term runs as of the submission date of the postal shipment.
XVII. Agreements between the Parties
1. The agreements between the parties shall be valid only if they are drafted in writing and appropriated under signature.
XVIII. Completion Venue, Jurisdiction, Unforeseeable Contingencies, Applicable Legislation, Partial Invalidity.
1. The completion and jurisdiction venue is the registered office of the supplier of services;
2. The invalidity of the individual provisions of these conditions shall not prejudice the validity of the remaining provisions;
3. Any subsequent amendments of the General Conditions on Supplying Postal Services of DPD shall be available on the official site www.dpd.ro with at least 30 days before the coming into force of the respective amendments. Any amendment of the General Conditions on Supplying Postal Services of DPD shall not be the object of an appendix to the contract;
4. The provisions of the General Conditions on Supplying Postal Services of DPD shall be adequately supplemented with the provisions of the legislation in force applicable in this field.
S.C. DYNAMIC PARCEL DISTRIBUTION S.A.
Duly represented by,
Executive Manager – Lucian Tiberiu Aldescu