Art. 36. The Contract for the provision of services by the Operator shall be considered concluded with the acceptance of the shipment by the Operator.
Art. 37. Unless any special or additional services are agreed upon under these General Terms and Conditions, the Services provided by IN TIME shall be limited to receiving, transporting and delivering the shipment.
Art. 38. Shipments may be transported through intermediate points deemed suitable by IN TIME.
Art. 39. The User accepts that his/her shipments are collected with the shipments of other users when performing the Services and that IN TIME may not monitor the incoming and outbound movement of individual shipments at all points of their processing.
Art. 40. The Operator may enter into contracts with other persons for the performance of separate activities from the Services. In these cases, the Operator shall be responsible for fulfilling its obligations arising from the Contract with the User.
Art. 41. IN TIME shall ensure the quality of services by undertaking measures for preserving the secrecy of correspondence, ensuring the inviolability of postal items and provision of postage security.
Art. 42. (1) Shipment delivery times, according to the type of services selected by the User and the type of shipments, are usually calculated in working days, and the day of receipt of the shipment is not counted.
(2) When calculating the terms and date of delivery of international shipments, both holidays and weekends in Bulgaria and holidays and weekends in the other country are not counted.
(3) The times of delivery of shipments and the method of their calculation, according to the type of service selected and the type of shipment, can be found in the Tariffs.
(4) To the extent not otherwise provided in the Tariffs, the deadlines for delivery of shipments are as follows:
- For domestic shipments – up to 3 (three) working days;
- For international shipments – up to 7 (seven) working days.
(5) For international shipments, depending on the destination to which the shipment is sent, the delivery time according to item 2 of the previous paragraph may be longer.
Art. 43 The User can calculate the delivery time of his/her shipment using the available online tools, information about which can be found on the Operator’s websites and in the Tariffs.
Art. 44. (1) Shipments can be sent to the address of the Recipient and an access point, as detailed information about this, according to the type of selected services, can be found on the Operator’s websites and in the Tariffs.
(2) Shipments are not delivered to mailboxes in the territory of Bulgaria.
Art. 45. The Users should make sure that there is a road with a durable and good surface to the addresses of submission and receipt of the shipment, suitable for access, parking and manoeuvring of the vehicles used by the Operator to receive, carry and deliver the shipments, as well as to carry out the necessary loading and unloading operations.
Art. 46. (1) Shipments are accepted from and delivered to the first above-ground floor of the building where the sender’s address is located, respectively the Recipient’s address.
(2) Shipments with a total weight of more than 50 kg shall be accepted and delivered by the Operator from and to the User’s address only from and to areas suitable for the acceptance and delivery of the shipment and only with the availability of suitable equipment provided by the User for the necessary loading and unloading operations at the addresses of submission and receipt of the shipment.
(3) The loading and unloading activities and the provision of suitable terrain and facilities for loading and unloading shipments weighing more than 50 kg shall be the responsibility of the User. The Operator shall not be responsible for non-fulfilment of its obligations under the Contract with the User in the absence of such.
Art. 47. (1) The courier service to the address of the recipient includes one visit to an address for delivery.
(2) For some destinations and at the Operator’s discretion, subsequent delivery attempts may be made to an address.
(3) As far as the Tariffs or the Contract between the Operator and the User do not provide otherwise, subsequent delivery attempts shall be made within a new term, not less than the term of the selected courier service.
Art. 48. (1) The Sender agrees that IN TIME may apply any alternative delivery methods chosen by the recipient and agreed with the Operator. Such alternative delivery methods include, without limitation:
- redirection of delivery of a shipment to an alternative address (including to an access point);
- allowing the Operator to leave the shipment at the recipient’s premises or submitting it to another person and/or
- modification of services selected by the Sender or postponement of the delivery.
(2) The Sender expressly waives any claims he may have against IN TIME arising from such instructions provided to the Operator by the Recipient.
(3) The Sender also agrees that the Recipient will receive information about the shipment in advance, as well as after its delivery (including, but not limited to, specimens and copies of the transport and other documents accompanying the shipment and information from the Operator’s systems regarding the shipment).
Art. 49. (1) IN TIME may deliver the shipment to the Recipient or to another person authorized to receive it on behalf of the Recipient, such as persons located at the recipient’s address, an employee of the Recipient, a member of the Recipient’s household, porters, reception staff, security of the building in which the address is located, clerks and other persons with similar functions.
(2) Shipments addressed to minors and/or minors in Bulgaria are delivered to their parents or guardians.
Art. 50. (1) If domestic shipment services provide for the Operator to deliver a shipment after identification of the Recipient or the person authorized by him to receive the shipment by means of an identity document, the Recipient (respectively an authorized representative) should provide a valid identity document to the Operator before receiving the shipment.
(2) The Recipient or a person authorized to accept the shipment can identify himself/herself, respectively prove that he/she has the right to receive it, by presenting to the Operator a code that was sent in advance by the Operator to the telephone number for contacting the Recipient specified in the transport documents with instructions. It is the responsibility of the Users to protect the secrecy of the code presented by the Operator.
Art. 51. IN TIME may use electronic devices to obtain proof of receipt and/or delivery of a shipment and the User agrees not to object to IN TIME relying on a printed copy as the sole and sufficient proof of the conclusion and performance of the Services, only because that the information in question is received and stored electronically.
Art. 52. (1) IN TIME and the User agree that an electronic signature can be used in their relationship, agreeing to recognize its value as a handwritten signature.
(2) An electronic signature can be placed on the Operator’s device, in which a software application (program) is installed, which transforms the handwritten signature into a digital graphic image and integrates it into the structure of an electronic document/s related to the shipment, in the PDF format. The Parties agree that the electronic signature thus placed has the value of a handwritten signature placed on a paper copy of the document.
Art. 53. (1) In the event of failure to deliver a domestic shipment to the Recipient’s address due to a reason for which the Operator is not responsible, he may return the shipment to the Sender with “Standard Express” service (and for shipments transported with “City Express” services – with the “City Express Standard” service) or to leave it at an access point of its network where shipments are stored within the settlement to which the shipment was sent, and if there is no such access point in the settlement, in an access point in a nearby populated area where shipments are stored.
(2) If the Operator leaves a domestic shipment at an access point, the Operator will attempt to notify the Recipient by message or by calling the Recipient’s contact phone number about the possibility of receiving the shipment from the respective access point within the next 5 (five) working days.
(3) A domestic shipment addressed to an access point from the Operator’s network in Bulgaria or left at an access point by the Operator in Bulgaria in accordance with the previous article, which is not received within 5 (five) working days may be automatically returned to the Sender by the “Standard Express” service
(4) The Sender shall owe the payment of the price for the “Standard Express” service (resp. for shipments transported with “City Express” services – for the “City Express Standard” service) for the return of the domestic shipment including other fees that may apply according to the Tariffs.
Art. 54. For all international shipments within the European Union, where the Operator has taken measures to deliver the shipment but has failed to do so, the shipment will automatically be returned via the “Standard” service to the Sender. The cost of the return, which includes the cost of all return services and charges according to the Tariffs, shall be payable by the Sender.
Art. 55. For all shipments sent to recipients outside the European Union, where the Operator has made arrangements to deliver the shipment but has been unable to do so, the Operator will contact the Sender to clarify with him how to process the shipment. Both shipping costs and additional charges for any such shipment shall be payable by the Sender.
Art. 56. IN TIME undertakes no obligation, under any circumstances, unless expressly agreed, to terminate the performance of the Services, redirect the delivery (whether to another recipient or address other than that specified in the transport document accompanying the shipment) or return the shipment to the Sender.
Art. 57. (1) If the Operator determines that a shipment does not meet the limitations or conditions of these General Terms and Conditions or that the “cash on delivery” amount specified in the Bill of Lading exceeds the amounts specified in these General Terms and Conditions or the Tariffs, IN TIME may refuse to accept the shipment in question (or the relevant part thereof) and, if the shipment has already been accepted, to suspend the performance of the Services and to hold the shipment (or the relevant part thereof) until receiving an order from the Sender. In this case, IN TIME will attempt to contact the Sender to clarify the follow-up actions with the shipment.
(2) IN TIME may also suspend the provision of the Services if:
- the Recipient refuses to accept the shipment or does not look for it after being notified by the Operator;
- the Recipient is absent or unknown at the specified address or the Operator becomes aware that the recipient has been deceased (deleted or without a legal representative for legal entities) or is unable to accept the shipment within the term of the selected Service;
- IN TIME cannot make a delivery due to an incorrect or incomplete address (after an attempt has been made to establish the correct address) or because the correct address turned out to be in another town or country than the one indicated in the transport document, accompanying the shipment;
- the transport document accompanying the shipment does not indicate or indicates an incorrect or incomplete phone number for contacting the Recipient, in accordance with the requirements of these General Terms and Conditions;
- IN TIME cannot collect the amounts due from the Recipient before delivery;
- other objective circumstances that prevent the provision of Services.
Art. 58. In cases where IN TIME has the right to suspend the provision of Services for the shipment (or a relevant part of it), it also has the right to return it to the Sender. In case of return of a shipment (or part of a shipment), the Sender shall pay all costs and the cost of returning the shipment, calculated according to the current Tariffs and accept back the shipment.
Art. 59. (1) If, after a temporary suspension of international shipment services (or a relevant part thereof) in accordance with these General Terms and Conditions, IN TIME is unable to receive acceptable instructions from the Sender on how to proceed with the shipment or if it fails to identify or contact the Sender or other authorized person in respect of the shipment within 14 days, the Operator has the right to destroy or sell the shipment (or the relevant part thereof) at its sole discretion.
(2) If, after a temporary suspension of domestic shipment services (or a relevant part thereof) in accordance with these General Terms and Conditions or the law, IN TIME is unable to identify or contact the Sender or other authorized person within 14 days person in respect of the shipment, the Operator has the right to destroy or sell the shipment (or the relevant part thereof) at its sole discretion.
(3) The Operator has the right to destroy or sell the shipment (or the relevant part thereof) entirely at its sole discretion in the event that the Sender refuses to receive it back.
(4) All amounts, fees, costs or expenses (including interest) not settled by the concerned User and related to the shipment or due on another occasion by the User to IN TIME, shall first be deducted from the proceeds of such sale. The balance is kept until the order is received from the Sender.
Art. 60. (1) The Recipient’s refusal to receive a domestic shipment shall be certified by the Recipient’s signature. If the Recipient or a representative of the Recipient refuses or is unable to sign a refusal to receive the shipment (including, but not limited to, absence from the address or refusal made by telephone, e-mail or otherwise), this shall be certified by the Operator.
(2) The User’s refusal to receive an international shipment shall be certified by the Operator.
Art. 61. (1) Where customs clearance is required for a shipment, it shall be the duty of the Sender to provide or to ensure that the Recipient provides the Operator with complete and accurate documentation for that purpose and, unless otherwise directed, the Operator or a person designated by him acts on behalf of, for the account of and at the risk of the Sender or the Recipient in the customs clearance.
(2) With respect to a shipment whose point of origin and destination are within the same customs area, the Operator shall perform customs clearance only if instructed to do so.
(3) The Sender also agrees that the Operator or a person designated by him may be considered the recipient of the package or shipment for the sole purpose of determining a customs intermediary to carry out the customs clearance (to the extent permitted by law).
Art. 62. Except in the other cases provided by law, the Contract with the User for the provision of Services shall be considered to be fulfilled by the Operator:
- upon delivery of the shipment;
- upon return of the undelivered shipment to the Sender;
- upon destruction or sale of the shipment by the Operator in accordance with these General Terms and Conditions or accordance with other cases provided by law.