General Terms and Conditions of Use
1. Scope and characteristics of the services provided
1.1. These General Terms and Conditions govern the terms of performing transportation services, which AYA EXPRESS LTD. (registered data controller) provides, referred to herein as Contractor and all legal age natural persons and legal entities, who wish to take advantage of the services of the Contractor and agree with these General Terms and Conditions (referred to as User).
1. 2. The service includes only and exclusively transportation of articles ordered and paid for in advance by the User, from Germany/DE to Bulgaria/BG.
1. 3. The Contractor provides transportation services using subcontractors and independent contract partners. The Contractor vouches for the choice of its contract partners, who are known for their good reputation and quality performance of the services.
1.4. The Contract signed under these General Terms and Conditions, as well as their application commence from the moment of registration of the User.
1.5. These General Terms and Conditions and the price lists, as well as other additional information regarding the services offered are published on the Internet page of the Contractor. Upon request by the User, the same will be provided on paper as well.
1.6. No special deadlines and terms of shipping can be used with priority over these General Terms and Conditions, unless the Contractor expressly agrees to that.
1.7. The contract relations between the parties will be governed by these General Terms and Conditions in compliance with the Geneva Convention (known as CMR) for international carriage of goods by land.
2. Terms and Conditions for accepting and delivering shipments. Packaging and shipment parameters.
2.1. Only Users registered on the electronic page of the Contractor have access to the transportation services provided by the Contractor.
2.2. Only shipments which, as assessed by the company, have appropriate appearance and packaging for transportation, will be accepted. The company has the right to provide additional packaging to the shipments which in its assessment are not well-packaged, although they may already be accepted, for an additional charge.
2.3. The User orders and pays for the articles which he/she wants, on his/her behalf and at his/her expense, and specifies as delivery address the address of the Contractor in Germany/DE.
2.4. It is MANDATORY that the User write the ID number and his/her NAMES in the manner specified on the electronic page of the Contractor.
2.5. A shipment of the User which has arrived at the warehouse of the Contractor in Germany/DE will be prepared for shipment to a warehouse of the Contract in Bulgaria/BG with the first available transportation option.
2.6. The delivery trips from Germany/DE to Bulgaria/BG will be published on the electronic page of the Contractor in the section “Schedule”.
2.7. The User will receive a message via e-mail and SMS message to the mobile phone registered in the account when the shipments ordered by him/her arrive in Bulgaria/BG.
3. Unacceptable shipments.
3.1. The Contractor does not accept to perform transportation services for shipment with the following contents or appearance:
3.1.1. Shipments which do comply with the requirements in item 2 of these General Terms and Conditions:
3.1.2. Goods of special value, in particular precious metals, genuine jewelry, precious stones, genuine pearls, antiques, works of art;
3.1.3. money, certificates, promissory notes, documents, collaterals, and other objects of monetary value (credit, cheque, telephone cards or similar, policies and order entries, securities, documents of company shares, as well as any other documents on paper or other media conferring right to payment);
3.1.4. Vouchers and access tickets with value higher than 520 euro per one package;
3.1.5. Furs, carpets, watches, other jewelry and leather goods with value per item higher than 520 euro per one package;
3.1.6. Any other goods with value higher than 13,000 euro per one package;
3.1.7. Items whose content, external appearance or shipment contravene the law;
3.1.8. Weapons, explosives, illegal drug substances, ammunitions, gas, highly flammable items, radioactive, contagious or corrosive substances, psychotropic, deleterious and poisonous substances;
3.1.9. Items which, by their nature or by the way they are packaged could endanger the persons, who transport or carry them or the environment or could endanger the security of the vehicles used to transport them or could cause damages to other shipments being transported, to vehicles or third parties;
3.1.10. Perishable goods, live or dead animals, animal furs, materials for medical or biological examinations, medical waste, human remains, body parts or organs;
3.1.11. Items whose export or import is prohibited or requires special approvals in accordance with the regulations of the legislation of the respective country of shipment, passage or delivery;
3.1.12. Any items classified as hazardous by national and international regulations (for example these of IATA);
3.1.13. Alcoholic substances which are not suitable for consumption, perishable plants and goods, as well as any items whose import is prohibited in the country of destination;
3.1.14. Items, for which the amount due for transportation or the goods has to be collected at the time of delivery, unless they are accepted for shipment in consultation with the contractor for the service and after signing a special contract;
3.1.15. Items which are obscene or contrary to moral norms, as well as religious materials of banned or unregistered sects and organizations;
3.1.16. Dangerous items, unless they are accepted for shipment in consultation with the contractor for the service and after signing a special contract;
3.2. In case of doubt of placement of banned items or substances in the shipments the Contractor at the time of accepting them shall require from the User consent to perform inspection. In case of refusal by the User, the shipment will not be accepted.
3.3. When there are grounds to consider that an accepted shipment contains banned items or substances, the Contractor will require from the User written consent to open the shipment. In case of refusal or lack of response, the Contractor shall notify the Prosecutor’s Office.
3.4. In addition to the responsibility established by law, the User shall also be responsible for any and all direct or indirect damages inflicted on the Contractor, on its subcontractors and partners and on third parties, which arise from shipping of shipments, excluded as per item 3.1.
4. Rights and obligations of the User.
4.1. The User has the right to receive the services with the quality and parameters under these general terms and conditions; as well as to receive information on the characteristics of the services; to submit requests, complaints and suggestions.
4.2. The address in Germany/DE cannot be used for anything other than online shopping from stores/sites of items which are 100% paid for or transportation of personal items.
4.3. The Contractor does not undertake to release shipments from customs offices and courier warehouses in Germany/DE.
4.4. The User is obligated to read the General Terms and Conditions and the sections Help in the respective service which is provided to him/her by the Contractor, on the electronic page of the Contractor.
4.5. The User is obligated to engage personally in correspondence, to require investigation from sellers or online stores/sites for shipment which have not arrived at the address of the Contractor.
4.6. The User is obligated to provide information under item 4.5 to the Contractor in the cases when the User has claims for compensation from the Contractor.
4.7. In case of change of data, the User is obligated to correct his/her data in his/her personal account on the electronic page of the Contractor.
4.8. If the shipment arrives in warehouse Germany/DE and is not paid for at 100% (purchased on credit) to the store/site, it will not be accepted and will be returned to the sender (store/site).
4.9. For security reasons the Contractor has the right to require from the User evidence for 100% payment to the store/site for a shipment delivered through the service of the Contractor.
4.10. As Data Controller, the Contractor has the right to require from the User personal identification document (ID card) for establishing/proof of his/her identity when receiving a shipment(s). The Contractor is obligated to protect the data provided to the Contractor by the User. The User data shall be used only and exclusively by the Contractor for better service and security and shall not be provided to third parties.
4.11. Shipments addressed to P.O. Boxes are not accepted for delivery.
4.12. The User agrees that any government authority, including customs authorities shall have the right to open and inspect the shipments, entrusted to the Contractor, at any time, and that exercising this right in no way affects the fact that the User is solely responsible for the accuracy of his/her statements.
5. Rights and obligations of the Contractor
5.1. The Contractor is not responsible for the contents of the pages of the online store selected by the User or the description of the items on them, as well as any potential changes in the prices of the items by the administrators of the online stores or the unavailability of an ordered item.
5.2. The Contractor is not responsible for any damages caused during the transportation of the shipments, if the damages are due to the properties of the actual item or due to force majeure.
5.3. The Contractor is not responsible for failure to perform due to inaccurate execution of the submitted order by the online stores regarding the quantity, quality and type of articles ordered.
5.4. The Contractor makes an effort to maintain the correct functioning of the electronic page, but retains the right to temporarily restrict the activities on the electronic page due to technical reasons or reasons beyond the control of the Contractor.
5.5. The Contractor is not responsible for shipments which have not arrived at the address in Germany/DE until full evidence of the opposite has been presented by the User.
5.6. The Contractor is not responsible for any damages caused during the transportation of the item/shipments, if the damages are due to inadequate packaging, lack of packaging or lack of relevant markings regarding the properties (brittle etc.) on the actual shipment.
5.7. The Contractor retains the right not to send shipments which have arrived, filed and prepared for transportation to Bulgaria/DE, in the cases when the volume of the shipments exceeds the space allocated for the trip in advance.
5.8. The Contractor retains the right to hold and not send shipments which have arrived in Germany/DE, in the cases when on the shipments there is not written ID No. and no name of recipient, until the ownership of the shipment has been identified.
5.9. The Contractor retains the right to hold and not send shipments which have arrived in Germany/DE, due to the specifics of the actual shipment, such as volume or weight, or without the required packaging, preventing its safe loading and transporting to Bulgaria/BG.
6. Quality of the services provided Prices and deadlines for delivery.
6.1. The quality and the reliability of the transportation services provided are guaranteed by the corporate standards and the good business practices of the contract partners.
6.2. The specific characteristics and parameters of the types of transportation services, the deadlines for delivery and the prices are indicated in the price lists of the Contractor. The terms of the price lists which are valid on the day of acceptance of the shipment shall be deemed to be current.
6.3. The price lists are an inseparable part of these General Terms and Conditions.
6.4. The shipments can be received/paid for by the User with cash on delivery payment using a courier service in accordance with the terms and conditions of the respective courier company or our courier for Plovdiv.
6.5. For an old shipment which has not been received by the User within two trips there is a charge of 5.00 BGN (STORAGE) per trip. The Contractor is not responsible for shipments which have not been collected after 5 trips.
7. Additional agreements
7.1. The Contractor retains the right to change the General Terms and Conditions. The changes shall be published on the electronic page of the Contractor and shall come into effect no earlier than 3 (three) business days after their publication.
7.2. All other matters not settled above shall be settled in accordance with the Bulgarian legislation.
7.3. All disputes arising from these General Terms and Conditions or related to them, including the disputes arising or related to the their interpretation, invalidity, execution, as well as the disputes for filling in missing elements in them or their adaptation to newly arisen circumstances shall be resolved by the competent court.