GENERAL TERMS AND CONDITIONS

General terms and conditions of the contract with users of non-universal postal services and DIREX S.A.

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I. Scope and general provisions

1.1 These General Terms and Conditions govern the relationship between DIREX EAD, UIC 205037136 (the “Courier”), and users of non-universal postal services provided by the Courier, and define the rights, obligations and liabilities of the parties.

1.2 Users of the Courier’s non-universal postal services may be natural persons, sole traders and legal entities (the “User(s)”).

1.3 The Courier provides non-universal (courier) postal services both within the Republic of Bulgaria (domestic shipments) and from/to other countries (international shipments), within the coverage of its postal network and as described in the DIREX EAD Courier Services Tariff, an integral part of these General Terms and Conditions.

1.4 The parties to the agreement under clause 1.1 may agree on other conditions for the provision of non-universal postal services by entering into individual agreements or supplementary agreements, of which these General Terms and Conditions form an integral part.

II. Definitions

2.1 Shipment means goods or documents of any kind (whether in bulk or in one or more packages) accepted by the Courier for carriage from one address to another, bearing an accompanying document (waybill) generated by the Courier’s system and accompanied by a handover manifest.

2.2 Accompanying document (waybill) means the document accompanying the shipment which clearly indicates its weight and the additional services requested.

2.3 Carriage means and includes all operations and services undertaken by the Courier in connection with delivery of the shipment.

2.4 Access point means any location (office, counter or other unit of the postal network of the Courier or its subcontractor), as well as an automated postal station, where shipments are accepted from users or made available to recipients.

2.5 Automated postal station (APS) means an automated machine through which shipments may be received and sent on the basis of an accompanying document completed by the user, entry of a code and compliance with instructions provided by the postal operator, with or without the option of paying amounts on site. For the purposes of these General Terms and Conditions, an APS is operated by a postal operator.

2.6 The Courier provides its services under the “Direx” trademark. The trademarks Direx, Дайрекс and Direx DX Post, and the names DX Tracked, DX Untracked, DX Untracked Plus, DX Parcel, DX Pack Plus, DX Express and DX Global are intellectual property of DIREX EAD. DIREX EAD does not grant any permission to exercise intellectual property rights in these marks. They may not be used, copied, reproduced, modified or offered in any manner without prior written permission.

III. Acceptance of the General Terms and Conditions

3.1 The User is deemed notified of the General Terms and Conditions from the date of their publication on the Courier’s website at https://direx.bg. The Courier may amend or supplement them at any time. The Courier informs Users of amendments or supplements by publishing the amended General Terms and Conditions on that website at least seven (7) days before they take effect.

3.2 The User is bound by these General Terms and Conditions from the date of signing an individual agreement for the Courier’s services or, as applicable, from the date the User actually starts using the services by handing a shipment to the Courier. In the latter case, by handing over the shipment the User accepts these General Terms and Conditions on its own behalf, whether or not the front of the waybill or the handover record has been signed.

3.3 These General Terms and Conditions extend to and may be relied upon by any subcontractor engaged by the Courier to collect, transport or deliver the User’s shipment, and by the Courier’s employees, managers and agents. If the User gives the Courier a shipment with oral or written instructions contrary to these General Terms and Conditions, the Courier is not obliged to follow those instructions.

IV. Services, characteristics and conditions of access

4.1 The Courier provides the following non-universal postal services through its transport network:

4.1.1 courier services within the Republic of Bulgaria (domestic shipments), as described in the DIREX EAD Courier Services Tariff, an integral part of these General Terms and Conditions;

4.1.2 courier services from/to other countries (international shipments), as described in the DIREX EAD Courier Services Tariff, an integral part of these General Terms and Conditions.

4.1.3 Types of courier services:

  1. a) DX Untracked. An economical service for shipments weighing up to 2 kg worldwide, without tracking or proof of delivery. Shipments have a unique number generated by the Direx system. Status updates are available only until dispatch. The recipient may be notified by email or SMS upon dispatch. Priority delivery is provided through international postal networks according to the transit times on the Courier’s website. Shipments must consist of one package, weigh no more than 2 kg, measure no more than 60 cm in length and have a combined length, width and height of no more than 90 cm.
  2. b) DX Tracked. An economical worldwide service for shipments up to 2 kg with full tracking. A shipment can be tracked on the Direx website and on the website of the delivery partner. A recipient’s signature may be obtained for certain destinations. The recipient may receive free daily email status updates. Shipments must consist of one package, weigh no more than 2 kg, measure no more than 60 cm in length and have a combined length, width and height of no more than 90 cm.
  3. c) DX Parcel. Worldwide address delivery of heavier shipments up to 20 kg. Shipments can be tracked from dispatch to delivery on the Direx website and on the delivery partner’s website. If the recipient is absent, the shipment may be left at the nearest courier access point. Free daily email or SMS notifications are available. Shipments must consist of one package, weigh no more than 20 kg, measure no more than 100 cm in length and have a combined length, width and height of no more than 150 cm.
  4. d) DX Pack Plus. Priority delivery with full tracking for shipments up to 2 kg worldwide through a single partner, Deutsche Post. The service uses air transport and does not permit dangerous goods. Shipments can be tracked on the Courier’s and Deutsche Post’s websites, and no recipient signature is required on delivery.
  5. e) DX Untracked Plus. Priority worldwide delivery without tracking for shipments up to 2 kg through Deutsche Post. Shipments cannot be tracked after dispatch to the destination country and are identified by a unique number generated by the Direx system. All shipments travel by air; dangerous goods and cargo are prohibited.
  6. f) DX Express. Shipments up to 15 kg and, for countries outside the EU, a value of up to EUR 50 may be sent using one of DHL, FedEx/TNT or UPS. The Courier compares their prices and transit times and provides the best service according to destination and shipment weight.
  7. g) DX Global. An economical postal service with full tracking for shipments up to 5 kg (volumetric and/or actual weight). Delivery is to the recipient’s home; if the recipient is absent, the shipment may be handed to a person residing at the address. Shipments up to 0.5 kg are charged on actual weight; between 0.5 kg and 5 kg, volumetric weight is also taken into account. Volumetric weight is the shipment’s volume in cubic metres multiplied by 200. Customs clearance is on a DDP (Delivered Duty Paid) basis: all applicable duties, taxes and charges are payable by the sender.
  8. h) Declared value. An additional service for DX Tracked, DX Parcel, DX Express and DX Global.
  9. i) Cash on delivery. An additional service for DX Parcel and domestic courier services in Bulgaria.

4.2 The Courier accepts shipments from/to addresses and settlements within the coverage of its postal network. It maintains current coverage information at https://direx.bg or another location accessible to Users.

4.3 Shipments under the Courier’s non-universal postal service are delivered:

  1. a) personally to recipients and persons under clause 5.6 at the delivery address, or in a manner agreed between the User and the Courier in these General Terms and Conditions or an individual agreement;
  2. b) personally to recipients and persons under clause 5.6 at customer access points;
  3. c) at locations, facilities or automated postal stations agreed between the Courier and Users.

4.4 The Courier guarantees Users equal access to its services through its own offices or its subcontractors’ offices.

4.5 Shipments are accepted at the sender’s address or at the Courier’s or its subcontractors’ offices during working hours set by the Courier and displayed prominently and accessibly in the offices.

4.6 Users who have concluded an individual agreement for non-universal postal services with the Courier acquire the status of Approved Client from the date the agreement is signed by both parties.

4.7 In the absence of an individual agreement with an Approved Client, an agreement with any other User is deemed concluded when a shipment is accepted at an access point or collected from the User’s address, evidenced by the User’s signature on the waybill or handover manifest and payment for the service, or by creation of the shipment through the User’s access to the Courier’s waybill system (with username and personal password or via API) and its handover to the Courier. Where the Courier uses a subcontractor, these General Terms and Conditions are deemed accepted by the Client when the shipment is handed to the subcontractor and the document evidencing that handover is signed, including where a shipment generated through the Client’s account is handed over by a third party or an employee not expressly authorised to do so.

4.8 The agreement is deemed performed:

4.8.1 for a tracked domestic or international courier shipment, upon delivery, evidenced by the status “Delivered” in the electronic tracking system at direx.bg or on the delivery partner’s website, or by the recipient’s signature for services delivered against signature. For delivery through an APS, the shipment is delivered to the person using the unique PIN provided by the postal operator, and delivery is evidenced by records in the electronic tracking system;

4.8.2 for an untracked international shipment, upon acceptance and handover to the partner, which may be evidenced by supporting documents such as a CMR consignment note, air waybill or other transport documents;

4.8.3 the agreement is also deemed performed where one or more delivery attempts have been made but the final recipient has not accepted the shipment or has expressly refused it.

4.9 Information on the movement and delivery of a shipment is available at https://direx.bg. The Courier retains evidence relating to acceptance, carriage and delivery under clause 14.8.

V. Conditions for acceptance and delivery of courier shipments, transport route and delivery periods

5.1 The User completes all data on the waybill. By printing the waybill or handover manifest and signing it, the User confirms the accuracy of the data, assumes full responsibility if it proves inaccurate, incomplete or false, and acknowledges and accepts these General Terms and Conditions. If the Courier accepts a shipment, its packaging is presumed suitable for the type of shipment declared by the User. This presumption does not apply if it later emerges that the User supplied inaccurate, incomplete or false information about the type and nature of the shipment.

5.2 Proper packaging is the User’s responsibility. Packaging must suit the shipment’s volume, weight and contents and protect it against damage. For sensitive or fragile contents the User must use appropriate protective packaging and marking (for example, “Fragile”). The Courier may refuse an unpackaged or inadequately packaged shipment that cannot be transported safely. If requirements for packaging and marking sensitive or fragile contents are not met, the Courier is not liable for concealed or visible damage.

5.3 The accompanying document (waybill) must clearly indicate the shipment’s weight and the additional services requested.

5.4 Each courier shipment is delivered to the address specified by the User within the delivery periods announced on the Courier’s website. Unless otherwise agreed in an individual agreement or in circumstances of force majeure, the maximum delivery period is five (5) working days within Bulgaria, twenty (20) working days to EU Member States and thirty (30) working days to the rest of the world. This period applies only to shipments for which carriage and additional service charges have been paid.

5.5 Conditions for delivery of shipments:

  1. a) The Courier must make at least one delivery attempt at the address on the accompanying document. Delivery is made personally to the recipient or a person under clause 5.6; for services requiring a signature, the recipient identifies themselves with an identity document and signs;
  2. b) If delivery at that address fails for reasons beyond the Courier’s responsibility (for example, the recipient is absent or does not answer a prior call), after the delivery attempts are exhausted the shipment is left at the nearest access point (office, automated postal station or other point) to the address on the accompanying document. The Courier or its partner performing the physical delivery informs the recipient of the delivery location by an appropriate means (SMS/Viber, email or telephone call);
  3. c) A shipment addressed for delivery to an address may not be redirected by the Courier to its access point without instructions from the sender or recipient, except under letter (b) above or in other cases specified in these General Terms and Conditions;
  4. d) If delivery to the APS specified by the sender is impossible due to lack of capacity or technical failure, the shipment may be delivered to another APS at a reasonable distance within the same settlement without instructions from the sender or recipient;
  5. e) If the recipient refuses the shipment, the recipient records the refusal on the shipment or service form and signs it;
  6. f) If the recipient does not collect the shipment within seven (7) calendar days of notification under letter (b), the shipment is returned to the sender at the sender’s expense.

5.6 Recipients who are natural persons may authorise others to receive their shipments. Legal representatives of legal entities and sole traders may authorise employees or other persons to receive shipments. Authorisation is by written power of attorney presented upon delivery, unless another method is agreed in an individual agreement. For APS delivery, sharing the collection PIN constitutes due authorisation. The possibility of authorisation applies to all shipments under these General Terms and Conditions.

5.7 Shipments addressed to children under 14 are handed to their parents or guardians against documents proving their status. Shipments addressed to minors aged 14 to 18 may be delivered to them personally if their parents or custodians have given prior written consent for each sender. Senders should not address shipments to persons under 18 for APS delivery.

5.8 When shipments are lodged, the Courier provides Users with information on its postal network coverage and instructs them not to enter unserved settlements or addresses in the accompanying document. If a shipment enters the Courier’s network for an unserved settlement or address, the Courier promptly contacts the sender and/or recipient to clarify delivery where contact details (telephone number or email address) are available. If contact cannot be established, the shipment is returned to the sender.

5.9 If a delivery address is incomplete and does not permit delivery to a specific address (for example, only a settlement is given without street and number), the Courier contacts the sender and/or recipient to clarify delivery where contact details are available. If contact cannot be established, the shipment is returned to the sender. If the Courier cannot contact the sender after return, it may dispose of the shipment under these General Terms and Conditions after the periods specified in them expire.

Weekends, national holidays and days on which banks are closed, as well as delays caused by customs authorities or other circumstances beyond the Courier’s control, including force majeure, are excluded when calculating the delivery period stated on the Courier’s website. The Courier determines the route, mode of transport and choice of subcontractor. The delivery period is measured from the day after acceptance of the shipment until the first delivery attempt to the recipient.

Exceptional circumstances and/or force majeure reducing the Courier’s or its subcontractor’s capacity to handle shipments may extend delivery periods. The Courier must notify Users of the changed period for the destination by email or at https://direx.bg within 24 hours of receiving the information from the subcontractor. Delivery may be extended by no more than ten working days.

5.10 Payment period for cash on delivery: cash on delivery proceeds are paid out within fourteen (14) calendar days from collection from the recipient.

VI. Shipments containing dangerous and prohibited goods

6.1 Except under clause 6.2, the Courier does not carry goods that in its judgment may be classified as dangerous, including those identified in the technical instructions of the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods Code (IMDG Code), the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), and other applicable national or international rules, including Article 90(1) of the Postal Services Act. A detailed list of prohibited items under the Postal Services Act and the Excise Duties and Tax Warehouses Act is available on the Courier’s website and at its shipment acceptance offices.

6.2 At its discretion, the Courier may accept certain dangerous goods for international carriage if the requesting User cumulatively meets the following conditions: a) the User is an Approved Client with an individual agreement; b) the User has provided samples at the Courier’s request; c) the User has properly packed and marked the dangerous goods in accordance with international rules; and d) the Courier has confirmed its consent in writing. Even if these conditions are met, the Courier may refuse carriage if, when tendered, the goods are not packed to permit their safe and unobstructed transport.

6.3 The Courier may charge an additional amount for carrying dangerous goods according to their type, quantity and destination.

6.4 When completing the waybill for a domestic or international shipment and handing it to the Courier, the User undertakes to certify that it contains no substances or items prohibited for transport by Bulgarian law or an international treaty, including but not limited to: narcotic, anaesthetic, psychotropic and poisonous substances; weapons, ammunition, pyrotechnics, explosives, flammable or other dangerous substances and items; items contrary to moral standards; items or substances whose nature or packaging endangers postal workers or others or may contaminate or damage other shipments or equipment; religious materials of prohibited or unregistered sects or organisations in the User’s, recipient’s or a transit country; movable cultural property without the required permit or certificate; and excisable goods and tobacco waste whose possession, carriage, transport, offering or sale is prohibited by the Excise Duties and Tax Warehouses Act.

6.4.1 Except in shipments with declared value, coins, banknotes, currency, travellers’ cheques, items of value to the sender, platinum, gold, silver, cut or uncut precious stones and other valuables may not be enclosed.

6.4.2 International shipments, including those with declared value, must not contain, in addition to the items under clause 6.4, substances or items specified in international treaties or items whose importation or distribution is prohibited in the destination or any transit country.

6.5 The User must accurately describe the shipment contents on the waybill. Providing this information does not release the User from obligations and liability concerning dangerous or prohibited goods tendered for carriage.

6.6 Whether or not the Courier requests a sample of the goods, the User assumes full responsibility for the shipment contents and bears the burden of proving that no dangerous or prohibited goods were handed to the Courier for carriage.

6.7 If the User has handed prohibited or dangerous goods to the Courier for carriage, the User undertakes to fully indemnify the Courier and its subcontractors against any third-party claims for damage resulting from their carriage. The User agrees that the Courier may dispose of dangerous and/or prohibited goods handed to it in accordance with Bulgarian law.

6.8 The User agrees that shipments may be security scanned, including by X-ray, and may be opened and their contents inspected during transit control. Opening is carried out by a committee of at least three members, who must draw up a report.

6.9 The User consents to the shipment being detained and opened at any time by the Courier or a competent public authority under Article 93 of the Postal Services Act, with an inspection report signed by the operator’s employees.

6.10 The User declares that the shipment was prepared in advance by the User or competent employees and protected against unauthorised interference during preparation, storage and transport immediately before acceptance by the Courier.

6.11 The Courier may refuse to accept or transport a shipment at any time if: a) the User acts contrary to these General Terms and Conditions or an individual agreement; and/or b) a court or arbitral tribunal, public authority, law or international treaty determines that the service for that shipment breaches an applicable rule; and/or c) a duly adopted rule makes carriage materially more expensive or financially difficult in the Courier’s reasonable judgment; and/or d) the Courier has sufficient grounds to believe the shipment contains dangerous and/or prohibited goods.

VII. Customs clearance, duties and charges

7.1 The User is responsible for informing the Courier of the shipment contents and whether they are subject to customs duties, excise duties or other charges (including VAT or other shipment-related taxes). The User certifies that all information it supplies concerning export and import is true and accurate. The User acknowledges the risk of civil claims and/or criminal prosecution by the competent authorities, with penalties including seizure and sale of the shipment, if false or fraudulent information is declared.

7.2 Duties, fees and other charges may vary with the transport route. The Courier may, but is not obliged to, assist with customs clearance. The User appoints the Courier as its agent solely for clearing and presenting the shipment to customs authorities. The User acknowledges that the Courier is named as consignee solely to appoint a customs agent to clear and present the shipment to customs if the Courier subcontracts those activities. If customs requires further documents, the User must provide them at its own expense.

7.3 If the Courier voluntarily assists in complying with and completing customs or other clearance formalities, it does so at the User’s expense and risk. The User agrees to indemnify and hold the Courier harmless against claims arising from information provided by the Courier, and to pay all costs, including administrative charges, incurred for services under this clause.

7.4 The User acknowledges that the Courier is not a party to commercial relations between the User and its subcontractors or between the User and the recipient/importer. The Courier must not be treated as the sender, importer, ultimate recipient or the User’s subcontractor for commercial, legal or tax purposes. Duties, taxes, fines, storage fees and other costs paid by the Courier because of actions by customs or other authorities, or because the User and/or recipient failed to provide suitable documents or obtain a required licence or permit, will be invoiced to the User or recipient. If the Courier invoices the recipient and the recipient refuses payment, the User must pay instead, together with an administrative staff fee and all other additional costs. The User must provide appropriate security for such costs on first demand.

7.5 The Courier is not liable for delays, losses or damage caused by customs officers or other public authorities concerning the shipment’s status or clearance. For shipments cleared on a DDP (Delivered Duty Paid) basis, all applicable duties, taxes and charges are payable by the sender.

VIII. VAT and other taxes applicable to shipments

8.1 The User is responsible for determining whether its shipment is subject to VAT or other taxes or charges. Given the complexity and diversity of tax laws in different countries, the Courier does not provide tax advice or information concerning the shipment. The Courier assumes no liability for tax or other disputes or claims against the User. The User must fully indemnify the Courier for losses arising from claims against it by a state or third parties relating to tax or other legal violations.

IX. Prices, periods and payment methods

9.1 Courier service prices are stated in the Courier’s Tariff published at https://direx.bg or in an individual agreement with an Approved Client under clause 1.4. Prices in an individual agreement may not exceed those in the Tariff.

9.2 A User who is not an Approved Client prepays courier service charges in cash or by bank transfer. The Courier’s Tariff is displayed prominently at access points in its office. The Tariff is set under the Postal Services Act and submitted for information to the Communications Regulation Commission ten (10) days before it takes effect for Users.

9.3 An Approved Client agrees to pay the Courier the carriage charge between the addresses on the waybill, charges for selected additional services and applicable VAT within seven (7) days of the Courier’s invoice, unless otherwise agreed in an individual agreement.

9.4 A User who considers that there are grounds to dispute an invoice may do so by written notice to the Courier within seven (7) days of issue. The Courier must check the invoice as soon as practicable and correct any established inaccuracy under applicable law and accounting standards. Failure to dispute the invoice within seven (7) days is deemed tacit approval and a waiver of the User’s right to dispute it later. The User must pay within the period under clause 9.3 or the individual agreement, whether or not the invoice is disputed.

9.5 Courier charges are calculated using the current Tariff applicable to the shipment and the weight and volume actually measured at the Courier’s warehouse.

9.6 All customs duties, VAT on goods and other charges imposed on a shipment in the recipient’s country are payable by the recipient on delivery. If the recipient refuses payment, the User agrees to pay all unpaid duties, taxes and charges within seven (7) days of notice. The same applies where the User gave special payment instructions, including instructions that a third party would bear these costs.

9.7 Delivery prices in the current Tariff include ordinary customs formalities for shipments not requiring formal customs clearance. The Courier may charge additional administrative costs necessary for clearance. Additional charges may arise in some countries for complex customs procedures, including formal declarations involving more than three different goods, customs inspection or delivery under customs control, temporary import relief or permits from public authorities other than customs. The Courier may advance import duties, taxes or fines on the importer’s behalf; administrative charges for this additional service are payable by the recipient or, as applicable, the User.

9.8 The Courier’s invoice is not accompanied by proof of delivery (POD) or other supporting documents. It is payable in the currency stated on the invoice.

9.9 If the User fails to pay an invoice within the period under clause 9.3 or an individual agreement, the Courier may claim a contractual penalty of 0.1% of the unpaid amount for each day of delay.

9.10 To secure its claims against the User, upon accepting these General Terms and Conditions the User grants the Courier a pledge over all the User’s shipments in the Courier’s possession. The Courier may retain proceeds from their sale to settle unpaid amounts. The Courier has a right of retention over shipments in its possession for due claims against the User.

9.11 If force majeure materially changes the international logistics network and requires, for example, express air transport, an additional air transport charge may be imposed. DIREX EAD may introduce such a charge on at least 48 hours’ written notice to the client’s email address registered in the system. The charge applies prospectively only; it does not affect shipments created before that period or shipments in transit.

X. Rights and obligations of the Courier and User

10.1 The Courier has the right:

(i) to arrange and perform acceptance, processing, transport and delivery at its discretion using routes, vehicles and subcontractors it considers appropriate;

(ii) to require shipments to be suitable and packaged for carriage without endangering the integrity or contents of other shipments, and to add or replace packaging where a shipment’s integrity is compromised;

(iii) to receive compensation from the User for damage caused by the User’s shipments to the Courier or other shipments;

(iv) to require the User to open a shipment upon handover;

(v) to seek the User’s consent to inspect a shipment suspected of containing prohibited items or substances and to refuse it if consent is withheld.

10.2 The Courier has the obligation:

(i) to display these General Terms and Conditions and the Tariff prominently and accessibly in every office and at https://direx.bg, and provide them free of charge to Users on request;

(ii) to carry out additional instructions from the User before delivery if feasible, consistent with its operations and paid for where they incur additional costs;

(iii) to ensure equal access to its services for all Users;

(iv) to preserve the confidentiality of correspondence during and after provision of the service;

(v) to inform Users about service characteristics, terms and procedures for use, and postal network coverage;

(vi) to review and respond to Users’ requests, complaints and suggestions within one month of submission;

(vii) to maintain a register of requests, complaints and suggestions, their grounds and merits, and actions taken. Register data are retained for twelve months in compliance with applicable data protection rules;

(viii) to compensate Users in accordance with Section XIII.

10.3 The User of courier services has the right:

(i) to give instructions concerning shipments until they are handed to recipients, bearing all the Courier’s costs of carrying out such instructions under the conditions and within the periods set out here;

(ii) to receive complete information on the characteristics and parameters of the services;

(iii) to receive courier services of the required quality in relation to delivery;

(iv) to submit requests, complaints and suggestions and receive a reply within one month;

(v) to lodge complaints and reports with the Communications Regulation Commission;

(vi) to have a shipment returned if the recipient refuses it, upon payment of the relevant amount to the Courier;

(vii) to receive compensation for damage caused by the Courier under Section XIII;

(viii) recipients have the right to inspect a shipment’s contents upon receipt.

10.4 The User of courier services has the obligation:

(i) to prepay the service price stated in the Tariff unless a different amount or payment method is specified in an individual agreement;

(ii) to provide as complete and accurate information as possible about the recipient, the shipment’s value, contents and weight, and to affix a heavy-item label to the outside of any shipment weighing 25 (twenty-five) kilograms or more;

(iii) to package shipments suitably for transport according to their contents, type, size and weight and hand them to the Courier with labels generated by its electronic system affixed;

(iv) to be liable for damage caused by its shipments to the Courier’s property or employees or to other shipments or persons;

(v) to pay for shipments sent at the recipient’s expense if the recipient refuses payment.

XI. Representations

11.1 The User represents and warrants that:

(i) the shipment contents are correctly described on the waybill and the full address, postal code and recipient’s name are duly provided;

(ii) labels supplied through the Courier’s electronic system are correctly affixed by the User in a suitable and clearly visible place on the outside of the shipment;

(iii) the contents are securely and carefully packaged with regard to their nature and the ordinary risks of carriage, including sorting;

(iv) the shipment’s exact weight is stated and special loading or unloading equipment will be provided if required;

(v) a heavy-item label is securely affixed in a suitable place outside any shipment weighing 25 (twenty-five) kilograms or more;

(vi) the shipment does not contain goods prohibited by IATA or ICAO or any “prohibited goods”;

(vii) the correct VAT identification numbers of the User or recipient are stated for delivery to an EU Member State where the recipient pays the Courier’s charges;

(viii) a correctly completed commercial invoice is attached for an international shipment, with the correct billing address, VAT number, legible goods description, GATT code representing the first six digits of the Harmonized System (HS) code and accurate shipment weight.

11.2 The User agrees to indemnify and hold the Courier harmless against all liabilities, claims, damage, costs and expenses arising from breach of any of these representations and warranties.

XII. Undelivered and refused shipments

12.1 Shipments that cannot be delivered are returned to senders within the period and under the conditions in these General Terms and Conditions unless the parties agree otherwise.

12.2 If the recipient cannot be found, refuses the shipment or refuses to pay applicable duties, levies and other charges, or if a competent customs authority establishes undervaluation for customs purposes or another violation of the destination country’s rules that prevents delivery, the Courier will use all efforts to return the shipment at the sender’s expense. If this is impossible, the Courier may dispose of the shipment without incurring obligations to the sender or third parties.

12.3 Undelivered shipments that cannot be returned to senders are treated in accordance with these General Terms and Conditions or bilateral arrangements, including Section XVI.

XIII. Liability of the Courier

13.1 Except in cases of wilful misconduct or gross negligence by the Courier within the meaning of Article 94 of the Obligations and Contracts Act, its liability is strictly limited to direct loss of or damage to a shipment and to the amounts in clause 13.4. All other compensation for loss or damage is excluded, including lost profits, revenue, interest and future business, whether special or indirect, even if the Courier was advised of the risk. The Courier is not liable under postal shipment insurance contracts concluded by senders with insurers, where the insurers are subrogated to the insured persons’ rights under Article 213 of the Insurance Code, beyond the compensation limits in this Section. Compensation is paid to insurers if it has not been paid to senders or recipients.

13.2 The Courier need not compensate the User if all or part of a shipment is lost, damaged, delayed, misdelivered or undelivered, or if an obligation is wholly unperformed, as a result of:

(i) circumstances beyond the Courier’s control, including natural disasters (earthquakes, cyclones, storms, floods, fires, epidemics, fog, snow or ice); force majeure (war, disasters, terrorist acts, strikes, embargoes, air hazards, local conflicts or civil unrest); national or local transport network disruption or technical transport problems; latent defects or inherent vice of the contents; third-party criminal acts such as theft or arson; or delays caused by customs action or inaction;

(ii) acts or omissions of the User or third parties, including the User’s failure to comply with Section X, clauses 10.4(ii), (iii) and (v), where this has led to the circumstances under clause 13.2 and has been cited as a cause by the final-mile courier or postal operator; an act or omission by customs, an airline, airport or public authority; or delivery to another person because of an incomplete or incorrect address;

(iii) the shipment contents include a component found to be a “prohibited good”, even if the Courier accepted the shipment in error.

13.3 Subject to clause 13.2, the Courier compensates the User for culpable failure to perform its obligations in the following cases:

(i) domestic or international shipments sent by DX Tracked, DX Parcel or DX Express that are lost, wholly or partly robbed of contents, or damaged;

(ii) returned shipments under any service where no reason for non-delivery is given;

(iii) failure to meet delivery periods stated in the Tariff or an individual agreement.

13.4 If a claim submitted under Section XIV is upheld, the Courier pays compensation to the claimant as follows:

13.4.1 For domestic shipments within the Republic of Bulgaria sent by DX Tracked, DX Parcel or DX Express:

  1. a) for contents completely damaged through the Courier’s fault, or a shipment lost, entirely robbed of contents or handed to an unauthorised person: EUR 5/kg, up to EUR 10 per shipment;
  2. b) for a shipment with declared value that is lost, robbed of contents or damaged, including loss of or damage to part of its contents not due to hidden packaging defects or the nature of the contents: the actual loss, up to the declared value;
  3. c) for cash on delivery amounts not collected on delivered shipments or collected but not remitted to senders: liability equal to the cash on delivery amount. For failure to meet the payment deadline: compensation of 1% of the cash on delivery amount, up to EUR 10 per shipment.

13.4.2 For international shipments sent by DX Untracked, DX Tracked, DX Parcel, DX Pack Plus, DX Untracked Plus, DX Express or DX Global:

  1. a) for a lost, entirely robbed or wholly damaged shipment: EUR 10/kg, up to EUR 35 per shipment;
  2. b) for a partly robbed or partly damaged shipment: the actual loss, up to the lower of EUR 10/kg or EUR 35 per shipment;
  3. c) for a shipment with declared value that is lost, robbed of contents or damaged, including loss of or damage to part of its contents not due to hidden packaging defects or the nature of the contents: the actual loss, up to the declared value.

13.4.3 Determining actual value: the actual value of a compensable shipment is evidenced by the User’s purchase invoice, whose description must match that on the waybill created in the Courier’s system. If the User cannot provide such an invoice, the shipment’s actual value is taken as 50% of the sales invoice value, up to the declared value.

13.4.4 For an undelivered shipment returned to the sender without a stated reason: compensation equal to the courier service price.

13.5 If the User or its client considers these liability limits insufficient, it may declare the actual value of the shipment contents and request the Insurance service described in the Tariff, or arrange its own insurance.

13.6 The User expressly agrees that the Courier is not liable for damage or costs resulting from errors, improper or incomplete instructions, or acts or omissions of the User’s employees, subcontractors, contractors or other third parties with whom the User has contractual relations. The Courier undertakes to follow instructions and special requirements of such third parties only if: (i) they have a power of attorney entitling them to represent the User concerning the shipment; and/or (ii) the Courier has received the User’s express written confirmation that they may act in the User’s name and at its expense.

XIV. Claims procedure

14.1 All Users may make a claim where grounds exist for the Courier’s liability.

14.2 The User must notify the Courier in writing of loss, damage or delay no later than six months from the Courier’s acceptance of the shipment for dispatch; otherwise the Courier bears no liability. The recipient must note visible damage on the Courier’s or its subcontractor’s delivery document upon receipt. The claim must detail the shipment and direct losses and attach a copy of the waybill, manifest, damage report, invoice or customs document evidencing the contents and value. The Courier may request correspondence between the User and recipient and require the claimant to provide the contents and original packaging for inspection.

14.3 The Courier examines the claim and the relevant facts and circumstances. It notifies the claimant in writing of its decision on each duly submitted claim within one month of receipt for domestic shipments and three months for international shipments.

14.4 If a claim is upheld, the Courier pays compensation under Section XIII within one month of notice under clause 14.3. If compensation covers the goods’ full value, the Courier may require the claimant to provide the contents and original packaging before payment.

14.5 For the avoidance of doubt, the Courier presumes the shipment was delivered in good condition unless the recipient noted damage in the delivery record of the Courier or the subcontractor that delivered it at the time of acceptance.

14.5.1 For tracked international shipments delivered without signature, the parties presume delivery in good condition unless the recipient provides an official damage report signed and stamped by the police or the Courier’s final subcontractor.

14.5.2 For untracked international shipments, the parties presume delivery in good condition unless the recipient provides an official damage report signed and stamped by the police or the Courier’s final subcontractor.

14.6 A claim is deemed duly submitted only if all amounts due for carriage of the shipment concerned have been paid when it is lodged.

14.7 If the Courier rejects a claim in whole or in part or fails to reply within the period under clause 14.3, the claimant may submit a written request to the Communications Regulation Commission for an opinion on the dispute.

14.8 The Courier retains all evidence relevant to acceptance, carriage and delivery within the postal network (transport documents, evidence of attempted address visits, telephone calls, sender and recipient data, etc.), in paper or electronic form in its system, for at least the period under Article 86(2) of the Postal Services Act and, if a claim is made, until the claims procedure ends.

XV. Personal data protection

15.1 Where the User provides personal data needed to perform a courier service, the User represents and warrants that: (i) it has complied with all local laws on use and disclosure of personal data; and (ii) the law permits the User to disclose those data to the Courier and the Courier to process them for carriage of the shipment.

15.2 For the avoidance of doubt, the Courier states that it follows the User’s instructions for delivery. It will not use the personal data supplied for purposes other than delivery and will take the necessary technical and organisational measures to prevent theft or misuse of personal data.

15.3 The Courier will disclose personal data only to its employees, workers, subcontractors, representatives and/or advisers where necessary for carriage, and to national or international authorities where they lawfully require the information.

XVI. Procedure for disposal of unclaimed shipments

16.1 Undelivered postal shipments that cannot be returned because senders refuse them, have moved to an unknown address, have incomplete, inaccurate or illegible addresses, have died, or have failed to collect them within twenty days of written notice, are disposed of one year after the date of posting.

16.2 Disposal is recorded in a written report as follows: saleable items in small packets and parcels are auctioned, with proceeds after selling costs retained by the Courier; items unsold at auction are disposed of appropriately under the Waste Management Act.

16.3 The procedure under clause 16.2 also applies to undelivered postal shipments that cannot be returned because the sender’s address is incomplete, inaccurate or missing.

XVII. Dispute resolution

17.1 If any provision is declared null or invalid, the remaining provisions of these General Terms and Conditions remain effective.

17.2 Disputes between the Courier and User are resolved through direct negotiations. If no agreement is reached, either party may seek assistance from the Communications Regulation Commission or other competent authorities or refer the dispute to the competent Bulgarian court.

17.3 Matters and terms not addressed in these General Terms and Conditions are governed by applicable Bulgarian law.

These General Terms and Conditions have been updated in accordance with the General Rules on the Conditions for Delivery of Postal Shipments issued by the Communications Regulation Commission (promulgated in State Gazette No. 26 of 13 March 2026).