Delivery Solutions Zrt. (hereinafter referred to as “Service Provider“)
Head Office, Postal Address, Customer Service Address: 1097 Budapest, Könyves Kálmán krt. 34.
To place an order:
Telephone: 06 1 452 0090
E-mail: [email protected]
Website: https://www.sameday.hu
Working hours:
Monday: 8:00 – 20:00
Tuesday to Friday: 8:00 – 17:00
Its core business: express postal services and other postal services not replacing universal postal services within the territory of Hungary pursuant to Article 2, Section 9 and Article 8, Paragraph (1), points b) and d) of Act CLIX of 2012 on Postal Services (hereinafter referred to as the Postal Services Act).
The Customer is the individual, legal person, unincorporated business or other entity that complies with the General Terms and Conditions or, where appropriate, uses the service under the terms and conditions set out in specific contracts.
When using the services of the Service Provider, the sender customer (hereinafter referred to as the sender) shall be deemed to be the individual, legal entity, unincorporated business entity or other organization indicated as the sender on the shipment.
Consignee: the customer indicated as the consignee on the consignment, its packaging or the list attached to it.
Regardless of the existence of a contractual relationship, the Service Provider considers the person who initiates a procedure or asserts a claim against the Service Provider as a customer.
On the basis of the service contract, the Service Provider undertakes to provide the following postal services which do not replace the universal postal service under the Postal Act, in accordance with the conditions set out in the General Terms and Conditions and the law:
The Service Provider shall provide the above postal services, which do not replace the universal postal service, on the basis of an individual service contract concluded with the Sender, in accordance with these GTC and the applicable legal provisions, in combination with one or more of the following special additional services with significant added value:
The Service Provider may also use the services of an intermediary.
The rules on the packaging, sealing, addressing and dispatching of consignments are set out in this Chapter in so far as they differ from the general rules laid down in the Chapter on the duties of the consignor.
The General Terms and Conditions describe in detail the definition, size and weight limits of the consignments, the requirements concerning the content of the consignment.
Shipment: a Shipment that complies with the weight and size limits for the purposes of these Conditions of Carriage, as indicated on the Shipment, its cover or the accompanying list (waybill).
Types of consignment: letter or parcel consignment, which the Service Provider delivers by road vehicle with an accompanying document.
The service contract is created by the Service Provider for picking up the shipment, accepting the service, or placing the package/postal item in the parcel machine. If a separate written individual service contract is not created, the Bill of Lading taken and signed by the Sender and the Service Provider or its scanning after placing the package in the parcel machine shall be considered as the individual service contract. If the General Terms and Conditions provide for the form of the contract to be in writing, the service contract is concluded by the signature of the written contract by all the contracting parties.
The Service Provider shall provide the Customer with the forms necessary for the use of the service, including customized delivery notes, free of charge.
Unless otherwise agreed by the contracting parties, the Service Provider is obliged to accept the consignment if it is packed by the sender in a wrapping appropriate to the nature, nature and quantity of the contents and the contents cannot be accessed without obvious damage to the wrapping or sealing.
Payment of the service fee is due within 8 (eight) working days of receipt of the invoice for the first service fee after delivery of the shipment, unless otherwise provided for in the General Terms and Conditions or the parties. The payment period may be extended by contract, provided that the contract is in writing.
In the case of a service contract, the parties may derogate from the provisions of these General Terms and Conditions by mutual agreement, unless such derogation is prohibited by applicable law.
The contracting parties may not deviate from the rules of the General Terms and Conditions in cases where the pick-up, processing, forwarding or delivery of the consignment would cause injury to life, health or physical integrity or would endanger the recipient’s right to the safe receipt of the consignment.
3.2. Amendment of the Contract (sunsequent provisions)
The sender has the right to modify the contract only in the following cases:
3.2.1. Sender’s contract amendment prior to shipment
The sender may, for an additional charge, change the address details of the consignment after forwarding, subject to the appropriate application of the rules on subsequent disposal, which must be taken into account by the service provider at the place of destination until delivery begins.
If the change of address involves forwarding or returning the shipment to another place of delivery, the forwarding charge will be payable.
4.1. Conclusion of contract and refusal to perform
The Service Provider shall refuse to conclude or perform the contract for the service if it becomes aware of any of the following facts:
Any additional costs resulting from refusal to deliver as described above or from the return of the consignment will be borne by the consignor.
The Service Provider may refuse to conclude the contract if:
Cases of termination of the service contract:
4.3. Undeliverable items
A shipment that cannot be delivered to the addressee (or other authorized recipient) for reasons beyond the control of the Service Provider is considered undeliverable.
If the delivery fails due to the absence of the Recipient, the Service Provider will leave a notice and/or inform the Recipient of the failed delivery by e-mail/Viber/SMS message on the second delivery attempt. If the Recipient is not able to collect the parcel even at the second delivery attempt, he/she may collect it within 5 working days at the location indicated in the notice and/or the message.
Undeliverable postal items must be returned to the sender by the postal service provider, which may be subject to reimbursement of costs by the Service Provider. If the sender does not reimburse the costs of return delivery or if return delivery is not possible for reasons beyond the control of the postal service provider, the postal item shall be deemed undeliverable.
4.4 Non-returnable items
The Service Provider is obliged to keep the irreturnable postal item. The rules of the Civil Code on unjustified possession shall apply to the custody, with the following exception. The Service Provider shall
After opening, the Service Provider will sell the postal item if it contains goods of commercial value, otherwise the Service Provider will destroy the contents of the postal item.
The opening, sale and destruction of the postal item shall be carried out in the presence of a committee of two persons, members of which shall be employees and members of the Service Provider, and shall be recorded, may be agents or contributors. The minutes shall be kept by the Service Provider for one year after dispatch.
The Service Provider will use the proceeds from the sale to reduce the costs incurred by the storage of
irretrievable postal items or will keep them available for this purpose.
5.1.1. Taking account of the rules on the content of the consignment
It is the responsibility of the sender to ensure that the contents of the shipment comply with the law and the General Terms and Conditions.
The contents of the shipment must not include any object or material the carriage of which is prohibited by law or the General Terms and Conditions. Certain objects and materials specified in the General Conditions may be dispatched only under the conditions laid down in the General Conditions. Items excluded from carriage and items which may be carried conditionally and their conditions of dispatch are set out in Annex 1. Items shall be shipped together with the energy or resources necessary for their operation in such a way that the packaging prevents accidental activation.
The Service Provider is not obliged to examine the content of the shipment to determine whether it is excluded from delivery or can be delivered conditionally. If, however, at any stage of the service, it determines that the contents of the shipment are excluded from carriage or that the conditions for carriage are not met, the shipment will not be delivered to the consignee. The consignor is liable for any damage caused by the consignment to the life, health and physical integrity of persons, other property, the Service Provider’s equipment and other consignments; he is liable for his own damage and to reimburse the Service Provider for any additional costs incurred (e.g. return, repackaging, costs incurred in the context of mitigation, etc.) if they are due to the consignor’s failure to comply with the provisions of the law and the General Terms and Conditions.
5.1.2. Packaging, sealing, labelling
It is the responsibility of the sender to ensure that the items are appropriately addressed for transport and that they are packaged in a secure manner appropriate to the nature of the contents and to protect them.
Packing of Consignments: Consignments must be packed according to the nature, type, shape and weight of the contents in such a way that the inner contents are protected by the wrapping of the consignment.
The wrapper must be a clean, clear packaging material that does not interfere with the legibility and handling of the label and to which the label and other markings can be easily and permanently affixed.
Bags, baskets and items that are not packed according to commercial practice do not need to be packed.
Sealing of packages: the wrapping, inner and outer packaging and sealing must be such that the contents cannot be accessed without obvious damage to the wrapping.
Addressing of shipments: shipments must be clearly, accurately and legibly addressed. The Service Provider will not accept for delivery any shipment whose address has been altered by crossing out, transcription or in any way. The addressee’s name must be written in full on the consignment. More than one name may appear per addressee.
The address label must be designed in such a way that the sender’s address and the addressee’s address are clearly separated. The address particulars shall be legibly printed in roman characters, in Arabic numerals (district, street, house number, building, floor, door number where appropriate, Roman numerals) on the consignment, on the cover or on an address label permanently affixed to the consignment, in ink, typewritten, ballpoint or printed, or on an address book or on an accompanying document attached to the consignment.
Only adhesive address labels may be used., which must be attached to the consignment in such a way that it cannot be detached during handling.
The name and address of the consignee must be indicated in the direction of the length of the consignment, in the order of delivery, on the front of the consignment.
The sender must indicate the following address details on the items:
If the sender indicates more than one address on the consignment, the address indicated first, if one of the addresses indicates a P.O. Box, the Service Provider will consider the other address as the return address.
The tasks of the recipient are set out in the General Terms and Conditions.
6.1. Setting of charges
The use of the services advertised in the General Terms and Conditions (hereinafter: services) is subject to a charge.
The charges for the services are set out in Annex 2 to these General Terms and Conditions, the current Tariff.
Charges for services can also be paid by bank transfer, subject to the terms and conditions of a written contract with the service provider.
The charges for the services are set by the Service Provider. In the case of free tariffs, the Service Provider will inform customers of the new tariffs on its website 15 days prior to the introduction of the tariff change.
The customer will have to pay the new charges from the date the charge change takes effect.
The Service Provider may claim the service charge and any other amount charged for the shipment within one year of the date of delivery of the shipment.
6.2. Payment methods
The services fee can be paid by the Sender or the recipient in cash or by bank card.The use of a debiting machine is not possible.
Cash/Debit Card Payment: the Service Provider will issue a cash invoice or a cash on delivery receipt to the sender upon collection or to the recipient upon delivery, as instructed in writing by the sender.
Payment by bank transfer: the Service Provider will issue a bank transfer invoice to the sender or the recipient, if separately agreed.
(see Annex 2 for charges)
The Service Provider will deliver and deliver all shipments after acknowledgement of receipt, booked, registered, transposed at the time of delivery and returning the signed document to the sender.
7.1. Available services
Express mail service: the Service Provider collects the parcel from the sender and delivers it to the processing point, where the parcel is stored, stored and processed. The parcel is delivered on the next working day after pick-up in the country, on the 3rd working day after pick-up in EU Member States at the latest, and on the 5th working day after pick-up in other countries at the latest.
The following are considered as special additional services:
7.2. Takeover
Parcels are collected at a specified time based on the request recorded in SAMEDAY’s internal system, at the sender’s premises or address. Prior to this, notification is sent out via phone or SMS. The Service Provider informs the Customer of the expected time of pickup at the premises. Parcel pickup is carried out by a courier from SAMEDAY or its subcontractor.
The conclusion of the service contract and the receipt of the shipment by the Service Provider is evidenced by the Service Provider’s document, which bears the signature of the person receiving the shipment, the date of receipt and the Service Provider’s details.
If, after inspection, the courier considers the consignment to be dangerous to his/her personal safety or unsafe for safe transport using the available means of transport, or if the consignment contains an object excluded from carriage or the conditionally eligible consignment does not comply with the provisions of
Annex 1 to the General Terms and Conditions, he/she shall refuse to accept it.
7.3. Weight and size limits
The weight and size limits of the consignments that can be transported with the Service Provider, taking into account the means of transport, are as follows:
7.3.1. Atypical packages
In the case of amorphous parcels – requiring manual handling (cannot be transported on conveyor belts), incompletely packed, not loadable and/or with a circumference between 270 and 300 cm, the parcel is considered as an atypical parcel and the Service Provider will charge the surcharge as set out in the Annex.
Circumference calculation: 2x Height +2x Width + 1x Length.
7.3.2. Oversized, volumetric, palletized shipments (bulky shipments)
7.3.2.1. A shipment or parcel is considered oversized if it does not meet any of the dimensional, size, or weight characteristics specified in section 7.3 for the desired postal service (hereinafter collectively referred to as “oversized shipment”).
In the case of a shipment, parcels sent to the same address may be consolidated by SAMEDAY and classified as oversized if the conditions for oversized classification are met for the shipment or part thereof. The same applies to parcels sent to multiple addresses but delivered to the same location. A parcel is considered volumetric if the specific weight per 1 m3 is less than 300 kg; for such parcels, the freight charge is determined based on volumetric weight. Volumetric weight calculation: volumetric weight (kg) = height (cm) x length (cm) x width (cm) / 6000 (cm3/kg) (hereinafter collectively referred to as “volumetric shipment”).
7.3.2.2. A shipment or parcel is considered palletized if it exceeds 0.5 m3 in volume or 75 kg in weight, or if the total weight of all parcels sent to the same address exceeds 300 kg (hereinafter collectively referred to as “palletized shipment”). The Sender is obligated to notify SAMEDAY of the oversized, volumetric, or palletized nature of the shipment, after which SAMEDAY will determine the presence of these characteristics using certified scales or measuring instruments and inform the Sender accordingly. SAMEDAY is entitled, but not obligated, to examine the size, volume, or weight parameters of the shipped or intended parcel.
If SAMEDAY determines through any examination that a certain threshold is exceeded by the shipment, it is entitled to act in accordance with the provisions of this section. If a particular shipment or consignment exceeds 75 kg in weight, it will not be handled as a postal service; however, the provisions of the General Terms and Conditions shall apply in the absence of different regulations. SAMEDAY reserves the right to refuse acceptance of such shipments or consignments or to accept them only under separate agreement and at additional cost.
If the total volume of shipments handed over at one place exceeds 1 m3, SAMEDAY has the right to request palletized or unitized delivery from the Sender. If the Sender submits a shipment exceeding the maximum permitted weight (max. 75 kg), size (max. 305 cm = 1 x length + 2 x width + 2 x height), extent (max. 2 m side length), volume (0.5 m3), or any other parameter set by SAMEDAY, and it is not rejected by the pickup driver, then all costs and charges related to the handling and transportation of the shipment will be settled according to the oversized shipment. In these cases, SAMEDAY reserves the right to stop these goods for coordination, in which case the shipment will be returned or forwarded at the appropriate oversized shipment rate, and the delivery time may be extended by 1 business day.
Handling of oversized shipments and consignments in the Home Delivery Service:
The size, weight, and volume of the shipment or consignment can be checked by SAMEDAY at any time during or after the shipment.
If a shipment or consignment initially considered non-oversized is classified as oversized during inspection, the Sender assumes the additional costs associated with oversized transportation, as specified in the applicable rate sheet at the time of dispatch. SAMEDAY will inform the Sender retrospectively about the classification as oversized.
For volumetric-weight shipments or consignments, the transportation fee is determined based on volumetric weight (volume = product of sides in meters). The basis for volumetric-weight transportation tariff is 1m3 = 300 kg.
Special rules for palletized shipments in the Home Delivery Service:
The Sender must notify SAMEDAY of the palletized shipment at least one business day before dispatch using a separate form provided by SAMEDAY. The Sender is solely responsible for completing the form accurately and completely (including, for example, liability for fines and other regulatory sanctions due to inaccurate weight data).
SAMEDAY only accepts palletized shipments (the receipt of shipments on pallets at the Sender’s premises and their delivery to the SAMEDAY premises) by prior agreement and individual arrangement.
Palletized shipments must be sent only on standard EUR pallets. One-way pallet dispatch is only possible if its size matches the standard EUR pallet size (80 cm x 120 cm).
The total weight of shipments transportable on one pallet, including the weight of the pallet and packaging material (maximum gross weight), must not exceed 700 kg.
The total dimensions of shipments transportable on one pallet must not exceed 80 cm x 120 cm x 120 cm (placed on a EUR pallet, the edges of the pallet cannot protrude). Double service fee will be charged (considering other pricing factors) if the palletized shipment:
SAMEDAY is not responsible for damages resulting from the quality of pallets provided to them (e.g., protruding nails, breakage, tipping, excessive gaps, instability). In this regard, all responsibility lies with the Sender.
The service provider shall deliver the consignments to the address indicated by the sender on the consignment or on the accompanying document, unless otherwise agreed by the parties or the consignee of the consignment.
If the delivery of the shipment is prevented, the Service Provider will notify the sender by telephone if possible. The shipment will be returned to the sender upon payment of the fee due.
Inappropriate addressing does not exempt the service provider from attempting to fulfil its obligations under the service contract, but the service provider is exempt from the obligation to pay compensation in the event of non-delivery due to an incorrect address.
8.2.1. Home delivery
The Service Provider delivers all domestic shipments to your door.
8.2.2. Indirect delivery
The service provider shall deliver the consignment to the head of the organisation at the address concerned, or to the person authorised by the head of the organisation to receive the consignment, at the place provided by the indirect deliverer, instead of the private individual to whom the consignment is addressed, in cases specified by law.
It cannot be delivered indirectly:
The service provider shall inform the addressee of the arrival of items that cannot be delivered indirectly by leaving a notification.
The indirect deliverer is required to handle separately mail for his own account (for his employees).
The addressee, the authorised representative, the substitute addressee and the indirect recipient are considered to be authorised recipients.
The service provider will deliver all shipments to the authorised recipient. The service provider fulfils the service contract upon delivery to the authorised recipient.
The chief executive officer of the organisation is authorised to receive mail addressed to legal persons, unincorporated business entities and other organisations (hereinafter collectively referred to as “the organisation”). The service provider shall also consider a letter addressed to an organisation to be a letter addressed to the organisation if the letter addressed to the organisation is addressed to the organisation and the name of the natural person is indicated in the addressee’s name, or if the letter bears the name of the natural person and the address (postal address) of the organisation without the name.
The authorised recipient other than the addressee is responsible for the delivery of the consignment to the consignee in accordance with the general rules of civil law.
The consignee must acknowledge receipt of the consignment by signing his/her full name on the delivery document after the date of delivery has been recorded.
If the consignee does not acknowledge receipt of a consignment addressed to an individual, the consignee must also indicate the relationship between the consignee and the consignee.
In the event of refusal to sign, the service provider will return the consignment to the sender, stating the reason.
Registered mail addressed to a recipient who is unable to write, who does not know the Latin alphabet, or who is blind or otherwise unable to write because of a change in his physical condition, must be delivered in the presence of a witness of legal age who can write. The witness, indicating his capacity as such, shall sign his/her name on the document when it is delivered. The identity of the witness and the addressee must be verified before the person effecting service.
Mail sent to a minor or to a person under guardianship where incapacity is excluded will be delivered to the legal representative or guardian instead of the addressee. The legal representative or guardian may prove this capacity by means of a final official decision, an official certificate or an official attestation.
In the event of the death of a natural person or the dissolution of a legal person or a company without legal personality or other organisation, the Service Provider shall return the consignment received to the sender without delay after becoming aware of these facts.
The Service Provider is obliged to take back the incorrectly delivered shipment and its contents, even if opened, by simultaneously recording the fact of incorrect delivery, to refund the fee
collected at the time of incorrect delivery, and to ensure its proper delivery after closing the shipment and indicating the fact of previous incorrect delivery.
Intact and undamaged items delivered to a proxy, substitute addressee or indirectly, the Service Provider will accept the items, indicating the reason for non-deliverability and the signature of the addressee (intermediary), and return them to the sender if delivery to the addressee is unsuccessful.
The Service Provider will not take back the duly delivered COD if the document for the settlement of the COD has already been forwarded.
If, at the time of delivery, the addressee or his/her authorised representative declares in writing that he/she does not accept the shipment, the Service Provider will return it to the sender, without any time limit for acceptance and stating the reason.
If such persons refuse to make a written declaration, the service provider shall record this fact on the delivery document and on the consignment.
If the shipment cannot be delivered for reasons beyond the control of the Service Provider, the Service Provider will return it to the sender, stating the reason.
The Service Provider undertakes to inform its customers of any material changes to the terms of service.
It will make it available to the beneficiaries by telephone, e-mail and on its website:
9.2. User reports, complaints
The Service Provider shall ensure, in accordance with the applicable legislation, that its customers may make complaints about the services (hereinafter referred to as “complaints“) free of charge.
Customers can make complaints in the following ways:
A complaint is a notification in which the user alleges that the service provided by the Service Provider does not comply, in whole or in part, with the legal provisions or the General Terms and Conditions. The Service Provider shall register complaints concerning the partial loss of or damage to postal items and the assertion of a claim for compensation.
Complaints arising from the performance of the services provided by the Service Provider may be lodged within a time limit of six months from the date of dispatch, or, in the case of an act or conduct complained of, within 30 days of becoming aware of it, but no later than six months after the act or conduct was carried out.
The Service Provider is obliged to examine complaints received free of charge, in a simple, transparent and non-discriminatory procedure.
In the event of a verbal comment, the Service Provider will take immediate action to settle the complaint on the spot as far as possible and provide the necessary information. The Service Provider shall investigate the complaint and respond to the customer as soon as possible, but no later than 30 calendar days from the date of the complaint.
For complaints made orally or by telephone, the date of submission of the complaint is the date of submission, and for complaints made in writing, by letter or otherwise, the date of receipt. The Service Provider shall inform the complainant in writing of the outcome of the investigation of the complaint without delay in the case of domestic services and within 15 days of the date of receipt of the information from the foreign service provider in the case of international services. In the event of delayed information from the foreign service provider, the domestic service provider responsible for the performance of the service contract shall not be liable if it has made every effort to provide the data and information to be obtained from the service provider of the contractual partner in due time.
The Service Provider keeps a record of all complaints.
If the recipient of the service does not accept the reply to the complaint or the Service Provider does not reply to the complaint within the time limit, the complainant may turn to the Authority within 30 days of receipt of the reply or, in the case of failure to reply, of the expiry of the time limit for reply.
In the case of complaints or reports involving SAMEDAY employees, it is important to consider the Company’s good reputation. However, communication or contact from Customers/Partners that is generally unacceptable in style, including but not limited to defamation, vulgar, obscene, and personal attacks, may lead to immediate termination of the conversation.
10.1 Provision of data
The Service Provider is obliged to provide the Authority with data concerning the Service Provider which is necessary for the use of the services, the implementation of access or the performance of the Authority’s tasks, even if such data is considered to be business secrets.
The Service Provider shall make the data specified in the General Terms and Conditions publicly available.
In providing the data as described above, the data provider is responsible for the timeliness, accuracy, verifiability and authenticity of the data content.
10.2 Protection of personal data, obligation of confidentiality
The Service Provider processes, processes and transmits the data relating to its postal service contract and the data it becomes aware of in the course of its performance.
The processing of data:
(a) for the purpose of: performance of the postal service contract, accounting, verification and post-clearance of performance, provision of data to the Authority, and any other purpose specified by law.
(b) duration: the last day of the fifth calendar year following the date of dispatch of the postal item, unless otherwise provided by law or by the user.
The Service Provider shall not make the provision of the postal service conditional on the provision of personal or other data or on the making of a declaration of consent to the processing of data for purposes that are not necessary for the provision of the postal service with the content requested by the sender.
The Service Provider may transfer data relating to the performance of the postal service and data obtained in the course of the performance of the postal service to a data controller or processor in a third country solely for the purposes of the performance of the postal service contract, the verification, accounting and subsequent verification of the performance.
The Service Provider may handle, process and transmit data related to the provision of the service or data that come to its knowledge in the course of the provision of the service, in compliance with the law.
The Service Provider may only know the content of the mailing it transmits to the extent necessary for the provision of the service.
The Service Provider:
The person who presents the document proving the dispatch of the postal item or who communicates the unique identification data of the postal item (e.g. code, item identifier) and, if necessary, the name of the sender and the addressee and the address of the item to the Service Provider by means of electronic communication (telecommunications equipment, Internet) shall be deemed to have the same right as the sender.
The Service Provider may open a sealed shipment if:
The opening of the consignment shall be carried out by a committee of at least two persons, who shall record the opening and the action to be taken. The members of the committee shall be appointed by the Service Provider from among its employees, members, agents or contributors. If the committee is not operational, the resolution may be adopted in the presence of an authorised representative of the local authority. The fact of the opening shall be recorded on the consignment and, where possible, the consignor shall be notified of the opening and the reason for the opening.
The Service Provider and the person (organisation) carrying out the intermediary activity must ensure, by means of appropriate organisational and technical measures, that the data transmitted using the Service Provider the confidentiality of correspondence, text messages or communications. The Service Provider and the person (organisation) carrying out the intermediary activity must, if the legal conditions are met and if requested to do so, hand over or present the dispatch, text message or communication to organisations specifically authorised by law to have access to it, and to allow their surveillance, storage or other interference with the dispatch or text communication.
10.3 Data protection and confidentiality responsibilities of postal employees, agents and intermediaries
The obligation to protect data and confidentiality shall apply to the Service Provider’s employees, members, agents and contributors – in the case of employment, membership, agency, contributor, contract, contract of employment, contract of even after the termination of the legal relationship – in the same way as the Service Provider, and shall be liable for any breach thereof.
The Service Provider shall be liable in the event of non-performance of the services, including damage, loss of contents, loss and destruction of the parcel, in accordance with the Postal Act and these General Terms and Conditions.
The Service Provider shall not be liable for any damage arising from the services if it is caused by an unavoidable cause beyond the control of the Service Provider:
The burden of proving the above damages lies with:
– the Service Provider: in respect of defective packaging and insufficient labelling, or in respect of damage caused by a person other than the injured party due to an external cause beyond the control of the Service Provider or by a person other than the injured party in the performance of the contract;
– the Sender; or the Recipient: to the extent that the damage is not due to defective packaging or inadequate addressing, or to the contents or intrinsic qualities of the shipment.
In the case of indirect delivery, the responsibility of the service provider is transferred to the addressee upon delivery of the consignment, and the addressee is liable to the addressee according to the general rules of civil law.
11.1.1. General rules on compensation
The Customer may claim compensation from the Service Provider in writing from the 15th day after dispatch or, in the event of a defect or damage to the shipment, within a limitation period of six months from the date of dispatch, following the recording of the relevant report.
The customer may submit a claim for compensation against the Service Provider for late delivery of a postal item within a time limit of fifteen days from the date of receipt of the item.
In order for the Customer’s claim to be assessed and satisfied in the event of destruction or loss of the shipment, damage to the shipment, or lack of contents, the claim must be made in writing or recorded in writing by the Service Provider.
If the Service Provider is unable to take back and properly deliver the incorrectly delivered items, the item will be considered lost.
The sender is entitled to claim damages, except for the following:
The recipient is entitled if:
If the consignment was the property of the consignee, the Service Provider is obliged to accept as proof of the distance contract the confirmation of the contract given by the business to the consumer under the law, including the full amount paid as consideration for the sale of the goods, and the consignment is not accompanied by any additional charges payable by the consignee at the time of delivery.
The Service Provider may request the Customer to provide proof of the extent of the damage, if the claim for compensation is related to the damage or lack of content of the shipment.
11.1.2 Liability for the Contents of Shipments
The Sender is solely responsible for ensuring that the products sent by them can be placed on the market and distributed in Hungary, as well as for their importation, entry, distribution, and sale in Hungary in compliance with the applicable legal regulations in Hungary (including, in particular, customs and tax regulations, as well as administrative and commercial legal requirements).
The Sender is exclusively responsible for ensuring the proper conduct of all necessary official and other mandatory procedures (especially customs procedures, any licensing, notification procedures) related to the products and the economic activities carried out with them, and for fully complying with the regulatory requirements.
Any damage and liability arising from the non-fulfillment of the provisions of this paragraph shall be borne solely by the Sender, who shall indemnify SAMEDAY to the fullest extent possible against any adverse consequences suffered by SAMEDAY (including, in particular, reimbursing all damages incurred by SAMEDAY). SAMEDAY shall not be liable for damages if the shipment is excluded from postal services or if it can be conditionally delivered, and the necessary conditions for delivery are not fully met (Postal Act §45(5)).
The Sender shall bear all liability related to the contents of the shipment throughout the entire duration of the service, including, in particular:
If it is noticeable at the time of the shipment’s pickup that the shipment is excluded from postal services, SAMEDAY shall refuse to pick up the shipment. In the case of conditionally deliverable shipments, SAMEDAY is entitled to make the acceptance of the shipment dependent on the complete fulfillment of the necessary conditions for delivery. If at any stage of the postal service, SAMEDAY determines that the shipment is excluded from postal services or that the necessary conditions for delivery are not fully met, SAMEDAY shall not deliver the shipment to the Recipient and shall withdraw it from the postal service.
SAMEDAY shall notify the Sender of the refusal to pick up the shipment or the withdrawal of the shipment from postal services and, if necessary, inform the competent authority (“authority”) (in the latter case, the Sender shall only be notified after the authority’s notification, with the authority’s permission and in accordance with it). In cases specified by law, the authority may inspect, seize, open, and record the contents of the shipment using technical means. The Sender shall be obliged to remove the withdrawn shipment from the location where the withdrawal occurred at their own expense within 5 (five) working days. If unsuccessful, SAMEDAY may dispose of the shipment.
If the condition, state, moisture content, or any other physical, chemical, or biological characteristic of the material or product forming the content of the shipped item changes to such an extent that special measures would be necessary, or in the case of other excluded postal services or conditionally deliverable shipments that do not meet the necessary delivery conditions, SAMEDAY may promptly arrange for the disposal, destruction, or neutralization of the shipment. In this case, the cost of disposal, destruction, or neutralization shall be borne by the Sender, and the Sender shall not be entitled to indemnification or compensation.
Any damage and costs arising from the refusal to pick up the shipment or the withdrawal of the shipment from postal services at the Sender’s, SAMEDAY’s, or third party’s premises shall be borne by the Sender. In such cases, SAMEDAY is not obligated to refund the service fees paid by the Sender and may demand reimbursement from the Sender for any additional costs and damages incurred (e.g., return shipping, repackaging, mitigation of damages, costs incurred for damage mitigation).
SAMEDAY is entitled to refuse the conclusion or performance of an individual service contract and the fulfillment of an order if there are reasonable grounds to believe that the shipped item(s) do not comply with or will not comply with the provisions stated herein.
SAMEDAY excludes or limits its liability in the following cases:
11.1.3. How to make a claim
If, within 30 days of investigating the complaint, the Service Provider has determined that the shipment has been destroyed or lost, it shall inform the Customer in writing of the fact.
If the customer wishes to claim compensation, he/she may do so within a limitation period of six months from the fifteenth day after the dispatch of the shipment.
Damage to the consignment or total or partial loss of contents may be reported in writing.
If at any stage of the handling of the shipment the Service Provider discovers damage or defects to the shipment, the Service Provider will record the fact and extent of such damage or defects. The damaged or incomplete consignment shall be delivered by the service provider accompanied by this record.
In these cases, the consignee or his/her authorised representative – in some cases the consignor – takes receipt of the consignment – takes it back – and signs it – at the time of the statement of the amount of the claim (possibly with a declaration of the amount of the claim).
If the damage or defects of the shipment are not apparent at the time of delivery, the notification must be made in writing to the Service Provider within 3 working days of delivery.
11.1.3. Assessment and payment of compensation
In the event of destruction or loss of the shipment or total or partial loss of the contents, the Service Provider shall assess the claim for compensation reported on the basis of a protocol within 30 days of the report and shall inform the Customer of the result in writing without delay.
The Service Provider shall pay the amount of damages it finds to be justified within 8 calendar days of the assessment.
In the event of a total or partial refusal of a claim, the Service Provider shall inform the customer in writing of the reasons for the refusal.
11.1.4. Level of compensation
In the event of damage, incompleteness, loss or destruction of the contents of the items, the Service Provider shall pay a lump sum compensation as follows:
The compensation to be paid by the Service Provider in the event of destruction or total loss of a shipment with a guaranteed delivery time but not declared as of value is fifteen times the amount of the fee payable for the service due to the destruction or total loss of the shipment.
In the case of a special cash-on-delivery service, the Service Provider is liable up to the amount of the cash-on-delivery amount if the shipment was delivered without collection of the cash-on-delivery amount or with collection of a lesser amount.
11.1.5. The amount of compensation
The extent of compensation for damage incurred by SAMEDAY due to the damage, deficiency, loss, or destruction of the contents of the shipments is subject to the material legal provisions regarding liability for damages caused by breach of contract under the Civil Code (Ptk). According to Section 44 (2) of the Postal Act, SAMEDAY compensates for proven damage caused to property (i.e., the product constituting the content of the shipment) within the limits set by the Civil Code. SAMEDAY is not obligated to compensate for lost economic benefits, moral damages, damages arising from infringement of personality rights, or impose sanctions unrelated to the liability for infringing personality rights (Civil Code Sections 2:52, 2:53, 2:51).
If the value of the shipment exceeds this maximum compensation limit, it is solely the responsibility of the Sender to secure additional insurance or supplementary coverage beyond the maximum compensation limit, and SAMEDAY assumes no insurance or compensation liability in this regard.
If the Sender (or any other person claiming compensation) cannot provide sales or purchase invoices to prove the purchase or selling price of the shipment, the provisions of this section shall apply with the following deviations:
Contrary to the provisions of this section, if the Sender qualifies as a consumer and is unable to substantiate the purchase or sale price of the shipment with disproportionate difficulty or expense, or if the shipped item is a handmade or personal movable property, or another item with no commercial value (i.e., an item whose purchase price cannot be proven with an invoice), SAMEDAY shall be liable according to the lump-sum compensation rules stipulated in the Postal Act.Top of Form
11.2. Procedure in the case of postal expeditions found after compensation
If the shipment or part of the contents of the shipment is lost after the amount of compensation has been paid, the Service Provider will notify the recipient of the compensation. The Service Provider shall return the shipment to the Indemnitee and in such case the Indemnitee shall not be required to repay the amount of compensation received. In the event of unsuccessful delivery, if the Indemnitee does not reply to the notification within 8 days, the Service Provider shall consider this as a waiver of the bypassed shipment or the contents thereof.
11.3. Provider’s obligation to reimburse the charge
The Service Provider shall refund to the sender the charges, the difference in charges or the charges for the service not rendered, which were erroneously established at the time of collection or collected at the time of delivery, after establishing this fact.
The Service Provider will reimburse the service charge in full if the sender withdraws from the contract – by requesting the return of the consignment at the place of pick-up – before the forwarding, the consignment has returned to the place of dispatch without reaching its destination due to the fault of the Service Provider, the Service Provider has not fulfilled the service contract, the consignment sent by the fragile special service has been damaged.
The Service Provider will refund part of the fees paid in the following cases and within the following limits (partial refund):
The overpaid amount, if the sender or the consignee has paid a higher fee for the shipment than the fee according to the tariff and this can be established from the Service Provider’s handling documents or the shipment.
The difference between the charge collected and the new charge, if the sender changes the address of the consignment or the extra or special service requested at the Service Provider before forwarding and, on the basis of the new destination or in the case of the extra service changed, is liable to pay a lower charge than the one paid.
11.4 Liability for late delivery of postal items
The Service Provider is liable to pay compensation for the delay in delivery of the guaranteed delivery time, unless the Service Provider proves that the delay was caused by an unavoidable cause beyond its control. The amount of compensation shall be twice the fee paid for the guaranteed delivery time.
The Service Provider shall not be liable for damages for late delivery of a shipment with a non-guaranteed delivery time.
If, in domestic traffic, delivery or attempted delivery of the consignment is not effected within fifteen days of dispatch, the consignment shall be considered lost unless otherwise agreed by the parties and the rules applicable to compensation for loss of consignment shall apply.
If a shipment is found to be lost, the shipment must be delivered. However, even in the case of delivery, the compensation already paid does not have to be repaid to the service provider.
In the course of its activities, the Service Provider undertakes to provide the services requested and paid for by the Customer under the General Terms and Conditions in full, to forward the consignments in safe conditions and to deliver them intact and undamaged condition in accordance with the quality standards set out in the relevant government decree.
The Service Provider chooses the route and the method of forwarding of the received items according to the service used.
12.1. Transit times for internal expeditions
The Service Provider shall organise and operate its activities in such a way that the end-to-end routing time for domestic mail items is as follows:
The Service Provider undertakes to deliver, or attempt to deliver, the consignments in accordance with the delivery deadlines agreed in its current and future contracts and in the case-by-case contracts (waybills), as indicated on the waybill and in accordance with the sender’s wishes.
The Service Provider shall cooperate with organisations authorised by law to collect confidential information. The Service Provider shall ensure the conditions of application of the means and methods of secret information gathering in respect of its own equipment and premises at the same time as the Service commences its services. The provision of data to organisations authorised to collect secret information is free of charge.
With the service detailed in these special conditions of use, Sameday offers its customers an optimal solution for the rapid delivery of small and medium-sized mail items (parcels) via a fully automated delivery system and Easybox cabinet-type vending machines consisting of automatic terminals, made of metal, in the form of a cabinet with multiple storage compartments (boxes), secured in multiple ways and available to customers around the clock by code.
Such parcels are not considered as postal items, Sameday’s IT system will not have the information to process the parcel in the Sameday network, so these parcels with a “return” status will be treated as abandoned products in the locker.
Special products (cosmetics, batteries, non-perishable food) must comply with the section on packaging conditions and products excluded from transport published on the website.
Scanning the QR code by the recipient or entering the PIN code in the electronic system in the technical column of the locker unlocks the drawer where the parcel is stored. The process of the recipient’s receipt of the parcel is completed by the recipient closing the door of the drawer where the parcel is stored, digitally ticking the screen and completing the receipt of the parcel at its destination.
Sameday accepts no liability in the following situations:
* The Sender/Recipient is solely responsible for the correct packaging of the package, both inside and outside.
** The Sender/Recipient is solely responsible for checking the size and maximum weight of the parcel.
Sameday, as a postal and courier service, wants to prevent situations in which picked-up mail items (parcels) can be damaged in transit through the postal network of lockers.
In this case, our partners are obliged to ensure that postal items delivered to Sameday for delivery and delivered through lockers are packed according to the following instructions on the website.
Annex 1
Forbidden goods for transportation through Easybox cabinets:
Materials prohibited for transportation:
Valuables include:
Annex 3
Supervisory body:
Office of the National Media and Infocommunications Authority
Address: 1133 Budapest, Visegrádi u. 106.
Postal address: 1376 Budapest, PO Box 997.
Telephone: 06-1-468-05-00
Fax: 06-1-468-06-80
E-mail: [email protected]
Website: www.nmhh.hu
Annex 4
Forms used in the provision of the service:
Annex 5
Signal pattern:
