I. General information on terms and conditions
Subject
Article 1
The General Terms and Conditions for ePhilately electronic store business operations within the Public Enterprise "Post of Serbia", Belgrade (hereinafter referred to as: General Terms and Conditions) determine the conditions for purchasing goods, i.e. products of the Public Enterprise "Post of Serbia", Belgrade (hereinafter referred to as: The Post) via the Internet, and through the electronic store "ePhilately" (hereinafter referred to as: e-store).
The General Terms and Conditions are harmonized with the regulations of the Republic of Serbia, especially with the Law on Electronic Commerce, Law on Trade, Law on Obligations, Law on the Protection of Personal Data and the Law on Consumer Protection, which regulate the conditions of remote shopping and pre-contractual notices, which are valid for natural persons, i.e. consumers in the sense of that law, as well as with the General Acts of the Post that regulate this area, including the Post's Code of Business Ethics, which is published on the Post's website
The e-store is accessed via the e-store website: https://efilatelija.posta.rs/. https://efilatelija.posta.rs/.
The Post undertakes to regularly maintain the website of the e-store and to provide users of the website with clear and understandable information on goods and prices, as well as on all other issues relevant to the provision of remote sale of goods.
The General Terms and Conditions apply to all users of the website referred to in Paragraph 3 of this Article, together with information on goods, prices and all other notices on that website, which, in accordance with regulations, are communicated to users.
By using any part of the website referred to in Paragraph 3 of this Article, the service user also confirms that they are familiar with these General Terms and Conditions, with information about goods and prices, as well as with other elements of pre-contractual notices and information, in terms of the provisions of the Law on Consumer Protection, the Law on Electronic Commerce, and the Law on the Protection of Personal Data.
The Law on Consumer Protection does not apply to business conditions in relation to service users with the capacity of a legal entity or entrepreneur.
These General Terms and Conditions are made in Serbian and English.
Definitions
Article 2
Certain expressions used in these General Terms and Conditions have the following meaning:
- service user is any natural person, a natural person who is registered to perform a certain activity in accordance with the law or a legal entity who uses the services of the Post as information society for professional or other purposes,
- website user is the visitor of the website referred to in Article 1, Paragraph 3 of the General Terms and Conditions, regardless of whether they make a purchase or not,
- consumer is a natural person who acquires goods, i.e. products or services on the market for purposes that are not intended for their business or other commercial activity,
- contracting parties are the Post and the service user,
- e-store is a store on the Internet through which a merchant offers goods/services,
- electronic trade is a type of remote trade in the sense of the law governing trade,
- sales premises is a space that forms a unique physical, functional and technical and technological unit, of a permanent or temporary construction character, equipped in a prescribed manner, which is intended for performing trade,
- purchase order is a contract in electronic form concluded between the Post and the service user electronically using electronic means.
Territory where the Post provides remote sale services
Article 3
The Post provides the service of remote sale of goods on the territory of the Republic of Serbia as well as abroad.
Principles in conducting distance trade
Article 4
In the provision of remote sale of goods, in terms of these General Terms and Conditions, the Post is obliged to adhere to the principles of conscientiousness and honesty, respecting good business practices and guidelines for good business practice, as well as other principles prescribed by laws that the Post applies regarding the remote sale of goods, in terms of these General Terms and Conditions.
The Post is obliged to take all necessary organizational and technological measures to provide service users with quality and safe services of remote sale of goods.
Codes of conduct in terms of the Law on Electronic Commerce
Article 5
Codes of conduct in terms of the Law on Electronic Commerce require that the usual requirements regarding the quality, price or other characteristics of the goods, i.e. product be complied with when concluding and executing the contract.
The Post is obliged:
- to act in accordance with business ethics in relation to service users and to respect service users as business partners,
- not to discriminate against service users in terms of quality, price or quantity of services, as well as in terms of conditions for providing services to users; to respect all contractual and legal standards related to the manner of providing services that protect the safety and health of service users,
- to accurately and clearly inform service users about its service, i.e. services from the offer,
- to make a precise, clear and true offer of services in relation to the price, type, quality, quantity availability and other characteristics of goods, i.e. products.
It is not allowed to deny the service user the provision of a service that can be performed, nor to condition the provision of the service with the provision of another service.
Employees of the Post are obliged to treat all service users equally without privileging or denying their rights and/or obligations and provide all service users with equal legal protection in exercising their rights and interests.
The Post is obliged to protect the confidentiality of the content of correspondence with service users and their data, in order to avoid jeopardizing the relationship with service users due to the disclosure of information to other users or third parties.
The Post is obliged to respond to complaints, objections and reclamations of service users within the legal deadline.
Availability of the contract in electronic form and general terms and conditions
Article 6
The purchase order and the provisions of these General Terms and Conditions are available to service users in a way that allows their storage, reuse and reproduction, in accordance with Article 13 of the Law on Electronic Commerce.
An integral part of the purchase order referred to in Paragraph 1 of this Article are these General Terms and Conditions, with which the service user shall be familiar prior to sending the purchase order, which means that the Post ensures that the service user cannot order or buy goods/product offered in the e-store if they do not previously confirm that they are familiar with the General Terms and Conditions and that they agree to them.
II. Mandatory information about the service provider
Article 7
The Post operates under the business name: Public Enterprise Post of Serbia, Belgrade.
The abbreviated business name of the Post is: PE Post of Serbia, Belgrade.
The seat of the Post is in Belgrade, 2 Takovska St., 11120 Belgrade (Palilula).
The e-mail address of the Post is: posta.rs@posta.rs.
The website of the Post is: https://www.posta.rs.
The contact phone number of the Working Unit „Srbijamarka“, as an organizational unit of the Services and Sales Function, through which electronic trade is performed, and which operates within the Post is: 011/3063-260, and the e-mail address is: srbijamarka@posta.rs .
The Post is entered in the Business Registers Agency by Decision BD 82952/2016, managed by the Serbian Business Registers Agency.
The founder of the Post is the Republic of Serbia, and the rights of the founder are exercised by the Government of the Republic of Serbia.
The predominant business activity of the Post is the activity no. 53.10 - Postal activities of the public service, registered with the Agency referred to in Paragraph 7 of this Article.
The Post also performs business activity no. 47.91 - Retail trade by mail or via the Internet, registered with the Agency referred to in Paragraph 7 of this Article.
The registration number of the Post is: 07461429.
The tax identification number of the Post is: 100002803
The number of the certificate of registration for value added tax, issued by the competent tax authority is: 134950238.
III. Making purchase orders and purchasing
Information on goods/products, prices, and other expenses of service users
Article 8
The following goods, i.e. products are sold in the e-store:
- Postage stamps,
- First day covers (FDC) and Maximum cards,
- Annual sets of stamps and FDC covers,
- Thematic sets,
- Philatelic accessories,
- Other goods, i.e. products, if the prescribed conditions for their sale are met.
Each product from the Paragraph 1 of this Article, is presented in the e-store with all the necessary information, photos and selling prices, according to a certain categorization, year of issue and topics, which allows the service user to easily search for products.
The selling prices of goods or products from the Paragraph 1 of this Article, displayed in the e-store in a visually clear and unambiguous way, are expressed in Dinars (RSD) with VAT included, for goods/products that are taxable, but also in the currencies: Euros (EUR) and US dollars (USD), all in accordance with the valid price lists of the Post.
In order to popularize philately, service users, in accordance with the decision determining the prices of stamps that are not a means of payment for postal services and philatelic products of the Post, are granted a quantity discount for the purchase of postage stamps that are not a means of payment and philatelic products, per issue.
The selling price of goods, i.e. products referred to in Paragraph 1 of this Article, does not include delivery costs, as well as the costs of using means of long-distance communication (telephone, Internet, etc.) for the purposes of concluding a purchase order, which are borne by the service user.
Delivery on the territory of the Republic of Serbia is made through Post Express service, and the recipient pays the postage. The service user can be informed about the costs of delivery on the website of the Post: http://www.postexpress.rs/struktura/lat/cenovnik/cenovnik-unutrasnji-saobracaj.asp.
Delivery costs for purchased products abroad are fixed in relation to the destination country and distance zone and are displayed separately after selecting the desired items.
Ordering
Article 9
The procedure of ordering goods, i.e. products from the e-store is done in a way that service user selects the desired goods/product out of those offered in the e-store and adds that product to the “Shopping Cart”.
After the selection of the product referred to in Paragraph 1 of this Article, the service user enters the required data, in accordance with the specified content of the purchase order form, including personal data in the sense of the Law on Protection of Personal Data, as well as the data necessary for the service user registration procedure (if not already registered).
Mandatory personal data in the sense of Paragraph 2 of this Article are: first and last name, address, city, country, contact phone number, e-mail address and postal code. Entrepreneurs and legal entities optionally enter the business name/name of the legal entity, i.e. the entrepreneur.
The registration procedure is performed by the service user entering their e-mail address and password at the "My Account" location or at the time of filling out the purchase order.
By filling out the purchase order form, the service user confirms the order itself and is responsible for the accuracy of the entered data, by clicking on the button: "Order" and confirms that they have read and accepted the General Terms and Conditions.
After clicking the "Order" button, the service user automatically receives an electronic confirmation from the Post about the completed purchase, which contains the following information: order number and date, ordered goods/product, i.e. list of ordered goods/products, purchase order amount, payment instructions and delivery address, delivery costs in relation to the delivery address and the link to the payment instructions, which can be found on the website referred to in Article 1, Paragraph 3 of the General Terms and Conditions.
The moment the service user receives the electronic confirmation from Paragraph 6 of this Article and performs the payment according to the said confirmation, the purchase order between the Post and the service user is considered to be concluded.
The purchase order referred to in Paragraph 7 of this Article is checked by the Srbijamarka Sector, Trade Office, which is responsible for the e-store, established within the Services and Sales Function.
Ordering of goods/products is possible 24 hours a day, seven days a week.
Payment method on the territory of the Republic of Serbia
Article 10
Service user pays the price for ordered goods, i.e. products from the e-store, in terms of the Article 9 of the General Terms and Conditions.
Service user pays the price for products ordered on the territory of the Republic of Serbia in one of the following ways:
- payment to the account,
- by using a payment card (Visa, Master Card, Maestro, AMEX and Dina Card) in the Philately sales premises of the Post,
- by cash payment in the sales premises referred to in Point 2) of this Paragraph,
- by paying with Visa, Master Card, Maestro, AMEX and Dina Card.
The payment referred to in Paragraph 2 Point 1) of this Article is made according to the following instructions:
Public Enterprise Post of Serbia, Belgrade,
Bank: POSTAL SAVINGS BANK JSC, BELGRADE,
Account number: 200-2277220101033-40,
Reference number: (enter the purchase order number).
The service user is obliged to make the payment within 5 (five) days from the date of ordering, regardless of the payment method referred to in Paragraph 2 of this Article.
Upon expiration of the period referred to in Paragraph 4 of this Article, the purchase order shall be deleted and it shall be deemed that the service user has cancelled the order.
Payment method abroad
Article 11
Service users from abroad can perform payment as follows:
- using payment cards (Visa, Master Card, Maestro, AMEX and Dina Card),
- through the international bank remittance using SWIFT technology, in which case the service user is obliged to provide the data in accordance with the Information/Instructions for payment, published on the website of the e-store.
When making a bank transfer, in the sense of Paragraph 1, second indent of this Article, the service user chooses the OUR cost option, which means that they assume all the costs of the transfer.
Service users referred to in Paragraph 1 of the second indent of this Article, in addition to the costs referred to in Paragraph 2 of this Article, also bear the costs of the commission in connection with the transfer of funds to the account of the Post, as well as the costs of the intermediary bank's fees.
Ordered goods are delivered to service users referred to in Paragraph 2 of this Article via the Post Export – Export of Goods service, with an attached invoice/receipt in 2 (two) copies, one copy in Serbian and the other in English. If Customs assesses that the form necessary for the implementation of the Post Export - Export of Goods service does not include the data required for the description of the goods/products, the export will be carried out in the regular customs procedure.
Statement of Conversion
Article 12
Payment for ordered goods/products referred to in Article 8, Paragraph 1 of the General Terms and Conditions is made in dinars (RSD).
For informative display of prices in other currencies, the middle exchange rate of the National Bank of Serbia is used.
The amount for which the service user’s payment card will be debited will be expressed in the local currency of that service user, through conversion to the same at the exchange rate used by card organizations, which is unknown to the Post at the time of the transaction.
As a result of this conversion, there is a possibility of a slight difference from the original price listed on the website referred to in Article 1, Paragraph 3 of the General Terms and Conditions.
IV. Delivery method and deadlines in accordance with the purchase order
Article 13
Delivery in accordance with the purchase order on the territory of the Republic of Serbia is carried out in one of the following ways:
- by personally collecting the goods/products at the Philately sales premises,
- By Post-Express item to the address indicated when placing an order, in accordance with the deadlines for the transfer of Post-Express items, of which the purchaser can be informed via the website: http://www.postexpress.rs/struktura/lat/cenovnik/cenovnik-unutrasnji-saobracaj.asp.
Delivery costs are borne by the service user.
Delivery in international traffic is carried out by the postal administration of the country of destination, in accordance with the customs regulations of that country and the manner and conditions of performing postal services.
The costs arising from the implementation of the customs procedure in the country of destination are paid by the service user, that is, the recipient of the postal item.
The time limits of transfer in international postal traffic are not defined, but it is understood that the postal items are dispatched by the first forwarding connections.
In accordance with the provisions of the Law on Consumer Protection, in case of impossibility of delivery of the purchased product, the Post is obliged to inform the service user without delay that the delivery of the ordered goods/product is not possible.
Collection and inspection of delivered goods/product
Article 14
Upon collection or delivery of goods/products according to the purchase order, the service user, in addition to the purchased goods/products, receives the documents accompanying the goods/products, depending on the type of goods/products, an invoice and a confirmation of receipt of the goods/products, or the postal item, which the service user is obliged to sign, thereby confirming that the postal item containing the goods/products was received without visible damage.
The service user is obliged to inspect the received goods/product in the usual manner, without delay or as soon as possible in the regular course of things, and to notify the Post of any visible defects without delay, otherwise they lose the right they have on that basis, and in that case they must refuse to collect the goods/product.
The notification referred to in Paragraph 2 of this Article, which should contain a detailed description of the defects in the delivered goods/product and, if possible, a photograph thereof, shall be delivered to the Post by registered letter to the following address:
Public Enterprise "Post of Serbia", Belgrade,
Services and Sales Function,
Srbijamarka Sector,
Trade Office,
Takovska 2, PAK: 135403, 11120 Belgrade
or electronically to the e-mail address referred to in Article 7, Paragraph 6 of the General Terms and Conditions.
Upon receipt of the notification referred to in Paragraph 3 of this Article, the Post shall, without delay, examine the validity of the allegations in the notification and, within 8 (eight) days from the date of receipt of that notification, respond to the service user in writing or electronically.
If the delivered goods/products do not comply with the purchase order, the service user, who is not a consumer, may exercise their right to remedy the non-conformity by filing a complaint with the Post within 2 (two) years from the date of transfer of risk to the service user, unless otherwise provided for by the regulations of the Republic of Serbia.
Liability of the Post
Article 15
The Post is liable for material defects of goods, i.e. products, in accordance with the regulations of the Republic of Serbia, while the provisions of the Law on Consumer Protection apply if the service user is a natural person, who is considered a consumer within the meaning of that law.
V. Purchase order validity
Article 16
The purchase order, in terms of the General Terms and Conditions, lasts until the fulfilment of the contractual obligations.
VI. Right to withdraw from purchase order
Article 17
In accordance with the provisions of the Law on Consumer Protection, the service user has the right to withdraw from the purchase order within 14 (fourteen) days, without giving reasons and without additional costs, except the costs from Art. 33 and 34 of the Law on Consumer Protection.
The service user has the right to withdraw from the purchase order, in accordance with the law, by making a statement on the prescribed form for withdrawal from the purchase order or in another unambiguous way in free form, if it contains essential elements.
The statement of withdrawal is considered timely if it is sent to the Post within the period referred to in Paragraph 1 of this Article.
The statement of withdrawal produces a legal effect from the day it is sent to the Post.
The Post is obliged to notify the service user, without delay, of the receipt of the form, in writing or on another permanent record carrier.
After the deadline referred to in Article 18 of the General Terms and Conditions, the right of the service user to withdraw from the purchase order ends.
The burden of proving that they acted in accordance with Para. 1.-5. of this Article, in order to exercise the right to withdraw from the purchase order, is up to the service user.
The purchase order cancellation/withdrawal form is an integral part of these General Terms and Conditions.
Calculating deadlines for service users to withdraw from a purchase order
Article 18
In accordance with the provisions of the Law on Consumer Protection, the deadline for cancelling the purchase order from Article 17, Paragraph 1 of the General Terms and Conditions is calculated from the moment the goods/products get into the possession of the service user, i.e. a third party designated by them, who is not the carrier.
When the service user orders several types of goods/products that are delivered separately with one purchase order, that term begins to run when the last type of ordered goods/products gets into the possession of the service user or a third party referred to in Paragraph 1 of this Article.
When the delivery of goods/products consists of several postal items and parts, that term begins to run when the last postal item or part has got into the possession of the service user, i.e. a third party referred to in Paragraph 1 of this Article.
The deadline from Para. 1.-3. of this Article expires at the end of the last hour of the last day of the time limit.
Legal consequences of withdrawing from the contract
Article 19
If the service user exercises the right to withdraw from the purchase order, in the sense of Article 18 of the General Terms and Conditions, it is considered that the purchase order has not even been concluded and the obligations stipulated in Art. 33 and 34 of the Law on Consumer Protection arise, including the obligation of the service user to bear the costs of returning purchased goods/products, in the event of cancellation of the purchase order, and if the goods/products cannot be returned by mail, the service user bears the costs of returning the goods/products.
VII. Complaints
Article 20
In accordance with the provisions of the Law on Consumer Protection, the service user may file a complaint with the Post in order to exercise their rights if the delivered goods/products do not comply with the purchase order, in accordance with the law, as well as due to an incorrectly calculated price and other shortcomings.
The Post is obliged to receive the declared complaint.
The service user may file a complaint orally at the point of sale where the goods were purchased or at another place designated for receiving complaints, by telephone, in writing, electronically or on a permanent record carrier, with the submission of an invoice for inspection or other proof of purchase (copy of invoice, slip, etc.), on the prescribed form provided in Appendix 2, which forms an integral part of these General Terms and Conditions, or in free form, if it contains essential elements for handling that complaint.
The address where the service user can file a complaint is: Public Enterprise "Post of Serbia", Belgrade, Services and Sales Function, Srbijamarka Sector, Takovska 2, PAK: 135403, 11120 Belgrade. The e-mail address for receiving complaints is srbijamarka@posta.rs.
The Post keeps records of received complaints and stores them for at least 2 (two) years from the date of submission of complaints by service users. When processing personal data, the Post acts in accordance with the regulations governing the protection of personal data.
The Post is obliged to issue a written confirmation to the service user or electronically confirm the receipt of the complaint, i.e. communicate the number under which their complaint was filed in the records of received complaints.
The Post is obliged to respond to the service user's complaint in writing or electronically without delay, and no later than within 8 (eight) days from the day of receipt of the complaint. The Post's response to a complaint must contain a decision on whether it accepts the complaint, an explanation if it does not accept the complaint, a statement about the service user's request and a specific proposal in which period and how to resolve the complaint if it is accepted. The deadline for resolving the complaint cannot be longer than 15 (fifteen) days from the day the complaint is submitted.
The Post is obliged to act in accordance with the decision and proposal for resolving the complaint, if it has received the prior consent of the service user. The deadline for resolving the complaint ends when the customer receives the Post’s response from Paragraph 7 of this Article and starts again when the Post receives the service user's statement. The service user is obliged to respond to the Post's response no later than within 3 (three) days from the day of receipt of the Post's response. If the service user doesn’t make a statement within the prescribed period, it will be considered that they do not agree with the proposal of the Post referred to in Paragraph 7 of this Article.
If, for objective reasons, the Post is unable to comply with the service user's request within the agreed deadline, it is obliged to inform the service user of the extension of the deadline for resolving the complaint and specify the deadline by which it will be resolved, as well as to obtain their consent, which it is obliged to record in the records of complaints received. Extension of the deadline for resolving complaints is possible only once.
If the complaint is accepted, and the service user determines in the complaint request that the complaint be resolved by replacing the product with the same or another model/item, the employee, after performing applicative cancellation of the "Complaint" document, issues a new fiscal invoice for the delivered item, having previously made a decision to accept the complaint.
If the complaint is accepted, and the service user decides in the complaint request that the complaint be resolved by a refund, the refund will be implemented after a decision to accept the complaint has been made.
If the Post rejects the complaint in its notification, it is obliged to inform the service user about the possibility of resolving the dispute out of court and about the competent bodies for out-of-court settlement of consumer disputes.
The inability of the service user to deliver the packaging of the goods/products to the Post cannot be a condition for resolving the complaint, nor a reason for refusing to remove the nonconformity.
If the Post resolves the verbal complaint in accordance with the service user's request when it was reported, it is not obliged to act in the manner provided for in Paragraphs 6 and 8 of this Article.
Possibility of out-of-court settlement of consumer disputes
Article 21
The Post is obliged to participate in the out-of-court settlement of consumer disputes before the body for out-of-court settlement of consumer disputes, in accordance with the Law on Consumer Protection, in the part regulating the right to out-of-court settlement of disputes, in relation to complaints and objections made regarding the purchase of goods/products purchased through the e-store.
VIII. Privacy policy
Article 22
The Post is obliged to respect the privacy of service users and ensure the protection of their personal data in accordance with the Law on Protection of Personal Data.
The Post undertakes to process personal data, in the sense of the Law referred to in Paragraph 1 of this Article, and which the Post processes in connection with the provision of the service of remote sale of goods/products, appropriately and limitedly, exclusively in accordance with the purpose of the processing actions.
The Post undertakes to process the personal data referred to in Paragraph 2 of this Article in a manner that ensures appropriate protection of such data from unauthorized and/or unlawful processing, as well as from accidental loss, destruction or damage by applying appropriate technical, organizational and personnel measures.
Personal data processed by the Post is available only to employees of the Post who need this data to perform their work and such data cannot be transferred to a third party, except at the request of state authorities and other authorities to which it is authorized or obliged to provide personal data pursuant to the law governing such provision.
The Post regulates its privacy policy in more detail in the Privacy Policy document, which is published on the e-store's website.
Protection of confidential transaction data
Article 23
When entering payment card data, confidential information is transmitted via public network in a protected (encrypted) form using the SSL protocol and the PKI system, as currently the most modern cryptographic technology.
Data security during purchases is guaranteed by the payment card processor, Banca Intesa Jsc Belgrade, so the entire payment process is carried out on the bank's website.
The payment card data is not and cannot be available to the Post.
Refunds
Article 24
In the event of returning goods and refunding a service user who previously paid with one of the payment cards, partially or in full, and regardless of the reason for the refund, the Post is obliged to make the refund exclusively via VISA, EC/MC, Maestro, Amex and Dina payment methods, which means that the bank will, at the request of the Post, make the refund to the account of the service user, as the card user.
IX. Disclaimer statement
Article 25
The Post reserves the right to change these General Terms and Conditions at any time.
The Post uses all its available resources to ensure that all goods/products sold by the e-store are displayed with the correct names, specifications, photos and prices, but cannot guarantee that all information on the e-store website is completely accurate.
Article 26
The Post and the service user, as contractual parties, will try to resolve all possible disputes amicably, and in the event of a dispute, the court in Belgrade shall be competent.
X. Final provision
Article 27
These General Terms and Conditions are published on the Post's website.
Forms
Statement of withdrawal from the purchase order in accordance with the Law on Consumer Protection
