CARGO BG Ltd.
GENERAL TERMS AND CONDITIONS
SUBJECT MATTER AND GENERAL PROVISIONS
Art. 1. „CARGO BG” Ltd (hereinafter „the COURIER”) is a duly registered postal services operator under No. 7265948, having their head office and registered address in the UK, for the purpose of carrying out non-conventional postal services.
Art. 2. (1) The present General Terms and Conditions of the Non-conventional Postal Services Contract shall regulate the terms and conditions and the way the COURIER shall render the postal services they offer to their customers.
(2) The General Terms and Conditions define the scope and the characteristics of the postal services provided, the conditions of access to the services offered, the service quality and efficiency, the payment for the services, the terms and conditions of acceptance and delivery of the consignments, rights and obligations of the COURIER, the postal services end users’ rights and obligations, the prohibited items and substances, the type and amount of liability of the postal services contract parties, how to make claims, the disputes settlement and other issues relating to the rendering and using of the postal services.
Area of Applicability
Art. 3. (1) The present General Terms and Conditions shall be binding to the COURIER and the users of the postal services and these shall form an essential part of the Contract between them.
(2) The parties shall be free to agree on additional and/or other terms and conditions of rendering the non-conventional postal services in a separate individual contract.
(3) The present General Terms and Conditions shall be deemed supplementary applicable to the Contract mentioned in para 2 above.
(4) The regulations of the Contract mentioned in para 2 above shall prevail to the regulations of the General Terms and Conditions in the case that these contravene with them.
SERVICES SCOPE AND CHARACTERISTICS
Art. 4. The OPERATOR shall provide the following postal services:
1. „Cargo service” in the territory of Europe.
2. Additional services: Payments for goods upon delivery, priority delivery, return documents, additional insurance of the consignments according to the declared value.
ACCESS TERMS AND CONDITIONS
Art. 5. The OPERATOR hereby guarantees equal access of all the users (customers) to the services he offers.
Where do we receive your consignments. Working Hours
Art. 6. (1) The postal consignments shall be received by the COURIER at the address of the Sender or in the offices of the COURIER in the territory of the UK.
(2) The COURIER shall receive the consignments within the previously set working hours.
Contract Signing. General Terms Acceptance
Art. 7. (1) The postal service contract shall be deemed concluded upon the consignment acceptance by the COURIER.
(2) By handing over the consignment to a representative of the COURIER and signing of the Way Bill the Sender accept the General Terms and Conditions of the OPERATOR.
(3) The signing only of the Way Bill by the Sender shall not form a sufficient prerequisite for concluding of the postal service contract.
SERVICE QUALITY AND EFFICIENCY PROVISIONS
Art. 8. (1) The COURIER undertakes to deliver each CONSIGNMENT within the time periods as specified in the Tariff of the COURIER which forms an integral part of the present General Terms and Conditions.
(2) The COURIER shall be obliged to deliver the Consignments within the time periods as per para 1 above only in the case that the information provided by the Sender in the Way Bill regarding the name, the address and the telephone number of the Receiver is full and correct.
Art. 9. (1) The COURIER guarantees that he will keep the postal services users’ correspondence confidential and he shall not disclose any information regarding the personal data of the senders and the receivers, regarding the postal parcels, neither during the service or at any time afterwards.
(2) The COURIER shall ensure that the postal parcels are secure and well kept. He shall undertake all the necessary measures as to never allow acceptance, storage, carriage and delivery of any items and substances prohibited by the Law.
Art. 10. For an extra charge the COURIER will insure the shippment at the cost of the SENDER for the value declared by the SENDER. To this end, upon placing the shipment order the SENDER must let the courier know of his wish by checking the appropriate section in the waybill and indicating the value of the shipment contents. In such cases the parcel will be covered for all risks of loss and damage which might occur from the moment of its shipment until the moment of delivery to the Receiver.
The SENDER shall inform the COURIER of his insurance request by checking the special box in the Way Bill and indicating the value of the Parcel.
In the cases of para 1 and 2 above all the risks of loss and damage caused from the moment of acceptance of the parcel until the delivery of the same to the Receiver are covered.
INSURANCE CHARGES ON THE BASIS OF DECLARED VALUE - 3.2% of the Declared Value*
*This is the value indicated on the waybill as signed by the COURIER and the SENDER. The following principle shall apply to the valuation: The value of the shipment is the value that it would cost to replace the carried goods .
Only shipments containing new goods can be insured on the basis of the declared value and only if those are packed in packages meeting the carriage requirements. Any packaging which can not protect the insured item from the usual carriage risks is classed as unsuitable. The packaging should be reliable and protecting the item, to ensure that the consignment is rigid and reliable, it must provide interior and exterior insulation of the individual items in the shipment against any mechanical damages. Any consignment wrapped in plastic foil/nylon only and/or in thin paper/boxes shall be deemed unpacked. We do not acccept any claims for suitcases and bags, which are not protected externally with babal wrap or placed in additional box.
The following risks are covered by the insurance: damage during carriage or handling, wet package, fire, burglary, breakage in any of the instances listed above. In the event of any insured risk occurrence the insurance Beneficiary shall prove the value of the damaged and/or lost item by means of invoices, customs declarations, purchase-and-sale contracts of personal effects – as the case may be according to the particulars of the commercial transaction. Should the Beneficiary fail to do that the COURIER will refuse to pay the insurance compensation .
The following risks are not covered by the insurance:
1. Any losses or damages of consequential character (e.g loss income or profit, lost markets, reputation, etc.);
2. All the losses and damages incurred as result of delayed delivery.
3. The cases when the loss is a result of the Sender’s defaulting on the present General Terms and Conditions.
4. In any case where Cargo BG acts as a sub-contractor of other couriers in the territory of Bulgaria and England.
Cargo BG will not guarantee and or be liable for the actions of the other intermediary couriers either in England or Bulgaria. Cargo BG may place an order on behalf of the Sender or recommend a courier, but will not be liable under any circumstances for their pick-up or delivery times from/to the Sender's address or from/to our warehouse, for the quality and prices of their service or for any possible damages or losses. Cargo BG commits only to make a claim in the event of any problem and to assist as far as the work with third parties and their terms and conditions allow us to do so. With a view to the aforesaid, each consignment should be provided with a list of the contents and the relevant number of pieces, declared value and photographs.
Claims for consignments whether covered or not by insurance on the declared value, shall be considered only if made upon receipt of the consignment by the Consignee in front of the Courier. All the losses, damages or full loss shall be proven according to the packing list/photos/hand-over records.
The Courier's liability for proven damages of consignments which are not covered by insurance on declared value, shall be £3 per each kilogram of weight damaged/lost, max of £80.
Art. 11. (1) The Sender shall pay all the due charges for the carriage of the Parcel between the addresses.
(2) The carriage charges shall be calculated according to the prices applicable to the Parcel of the Sender, which are specified in the valid Tariff of the COURIER.
(3) In the cases when the Parcel is sent by the Sender under the condition that the Receiver will pay all the due charges, taxes and other expenses, but the Receiver refuses to make the due payments, the Sender shall be liable for these and he undertakes to settle the payment within 3 (three) days from the notification of due payment.
Art. 12. (1) All charges from Courier are described on this website
(2) The prices tariff of the Operator on a hard copy or in electronic format shall be made available to the Users upon their request.
(3) The Courier shall charge on the actual weight or the volumetric weight of the Parcel (calculated according to the volumetric conversion rate indicated in the Tariff) – whichever is the higher one.
(4). No sums paid (advance payment/deposit or full amount upfront) for carriage shall be refundable unless the service delivery failure is by the Courier's fault or the Courier has defaulted on his part of the agreement made.
TERMS AND CONDITIONS OF POSTAL PARCELS ACCEPTANCE AND DELIVERY
Art. 13. (1) The COURIER shall receive the parcel at the address of the Sender or in any of the COURIER’s offices. Once the COURIER has accepted the Parcel, he shall deliver this to the Receiver’s address as indicated in the Way Bill.
(2) When the Sender hands over the Parcel to the COURIER all the information in the Way Bill should be filled out according to the Sender’s instructions.
(3) The Sender should indicate the true and correct address (including the town/city/village, the street address, the name of the Zone, block number, suite, floor, apartment number, etc.), as well as telephone numbers of the Sender and the Receiver.
(4) When he signs the Way Bill the Sender affirms that the information filled out is correct including the delivery and payment terms he declared, as well as the contents of the parcel.
Art. 14. When the Sender hands over a parcel, he guarantees that:
1. The contents of the parcel have been correctly described in the COURIER’s Way Bill.
2. The full address including the postal code of the Receiver has been correctly indicated in the Way Bill.
3. The packaging is adequate to the contents and it allows the safe carriage and delivery of the Parcel. The Sender shall be liable and responsible for the reliable packaging of each parcel.
4. The Parcel has been packed so as it is secured against the usual risks during carriage.
5. The exact weight of the parcel has been indicated and that the Sender will provide, if necessary, loading and handling machinery and/or manpower for the loading/unloading of the Parcel on/from the vehicles of the COURIER.
6. The Parcel is free from any prohibited items and substances.
Handing over of the Parcels
Art. 15. (1) he Sender of the Parcel shall remain its lawful owner and the only authorized administrator thereof until the moment of the delivery to the Receiver.
(2) The Parcels shall be delivered to the respective Receivers according to the terms and conditions in the Way Bill at the Receiver’s address or in the relevant regional office of the COURIER. The parcels shall be delivered against signature.
(3) When receiving the Parcel the Receiver shall identify him/herself by means of an ID Card or Drivers License.
(5) In case that the Receiver is not able to accept the delivery due to his/her absence or any other good reason, the Parcel shall be delivered to the receiver’s lawful representative or any full-age member of his/her family (if a physical person) or to any other person who undertakes in writing before the COURIER to hand the parcel over to the Receiver.
If the Receiver Refuses to Accept the Delivery of the Parcel
Art. 16. (1) If the Receiver refuses to accept the delivery of the Parcel, he/she shall state this in writing on a document furnished by the COURIER and sign the refusal.
(2) An employee of the COURIER shall witness the Receiver’s refusal of the delivery..
Returning the non-received parcels
Art. 17. (1) If a parcel is refused by the Receiver the same should be returned to the Sender at expense of the latter after 7 (seven) days from the date of the refusal.
(2) Any non-delivered Parcel due to the Sender’s failure to indicate the correct address of the receiver shall be returned to the Sender at the expense of the latter after 7 (seven) days from the date when the address has been found incorrect.
(3) The COURIER shall keep for another 14 days any Parcels which have not been requested within the time period as set in Art. 17 paras 1 and 2 hereof, and thereafter these shall be destroyed.
Art. 18. (1) In case that a Parcel proves undeliverable due to incorrectly stated address of the Receiver, the COURIER shall make all reasonable efforts to find the correct address of the Receiver.
Art. 19. (1) When a Parcel cannot be delivered for any reasons beyond the COURIER’s control he shall send a notice to the address of the Receiver and indicate the date and time of the delivery attempt, the reasons making the delivery impossible, as well as the last location of the Parcel.
(2) Should a second delivery attempt to the Receiver fail or should the Receiver refuse to accept the Parcel, the COURIER shall contact the Sender and request instructions how to proceed and where to deliver or return the Parcel to.
(3) The Sender shall be liable for all the expenses to the COURIER incurred in relation to the dispatch or return of the Parcel, as well as for the charges (if any) for any delivery attempt after the first two.
POSTAL OPERATORS’ USERS’ RIGHTS AND OBLIGATIONS
Rights and Obligations of the Users (senders and receivers)
Art. 22. (1) The users shall have the right to:
1. access the COURIER’s services;
2. receive full information regarding the characteristics and the parameters of the COURIER’s services;
3. receive the service according to the present General Terms and Conditions;
4. use preferential conditions in case they have signed individual contract with the COURIER;
5. insure the Parcels;
6. make requests and put claims to the COURIER.
7. receive compensation for damages caused by the COURIER according to the present General Terms and Conditions;
8. receive back their Parcel in case of Receiver’s refusal of delivery according to the present General Terms and Conditions;
(2) The users shall be obliged to:
1. pack their Parcels so as to allow their safe handling, carriage and delivery, as well as to protect the parcels from the usual risks of carriage.
2. give instructions when filling out the Way Bill.
3. identify themselves by means of an ID Card or Driver’s License.
4. provide, if necessary, special equipment for loading or unloading the Parcel on/from the COURIER’s vehicles;
5. the users shall not put any prohibited items or substances (as defined in the Postal Services Act).
6. pay the price for the service according to the Tariff of the COURIER or according to the provisions of the individual contract, if any.
7. indemnify the COURIER and protect him against any losses he might incur or any payments, damages or expenses including the lawful payments made by the COURIER which are result of any breach of the regulations hereof .
Rights and Obligations of the COURIER
Art. 23. (1) The COURIER shall have the right to:
1. demand that the parcel is made and packed in a way allowing its correct and safe carriage.
2. refuse to accept any parcels that fail to comply with the requirements hereof and endanger the contents of the other parcels.
3. pack or re-pack parcels with damaged packing so as to keep their contents safe.
4. organize the performance of the services in a way and by means as he thinks appropriate, including the right to use other couriers.
5. receive the agreed payment for the services supplied.
4. receive compensation from the users for any damages incurred;
(2) The COURIER shall be obliged to:
1. present the General Terms and Conditions and the Tariff free of charge to the Users
2. provide access to all the users to his services at equal conditions.
3. keep the parameters announced for the supply of the services.
4. compensate the users under the present Terms and Conditions for any damages incurred.
PROHIBITED ITEMS AND SUBSTANCES
Art. 24. (1) The Sender may not put in the Parcels he submits to the COURIER any substances or items prohibited by the Postal Services Act or any International Statutory Acts.
(2) The following items and substances are prohibited in the consignments:
• Alcoholic beverages and products (home-made or factory-made)
• Cigarettes, cigars, loos tobacco and tobacco products (home-made or factory-made)
• Live animals (domestic or wild), and wild animals skins
• Jewelery (eg works of art, antiques, precious stones, processed gold, silver and other precious metals, jewelery and watches)
• Dangerous goods / materials / chemical products
• Money (banknotes and coins), securities, debit and credit cards, telephone SIM cards without accompanying document-contract of ownership / possession
• Pornographic materials
• Live plants and seeds
• Medicinal products in tablets and powders
• Nutritional supplements and fitness chemistry (proteins / vitamins / minerals / amino acids / steroids)
• Raw ivory and ivory products
• Perishable food, goods and products: raw meat, sausages, milk and dairy products, fresh or frozen fruits and vegetables
• Weapons, explosives and incendiary materials
• Narcotic, narcotic and psychotropic substances - including drugs, vitamins, steroids.