General terms and conditions

GENERAL TERMS AND CONDITIONS FOR ePhilately E-STORE BUSINESS OPERATIONS WITHIN PE POST OF SERBIA, BELGRADE

I. General information on the terms of use

Subject

Article 1

These General Terms and Conditions for ePhilately electronic store business operations within the Public Enterprise "Post of Serbia", Belgrade (hereinafter: General Terms and Conditions) determine the conditions for purchasing goods, i.e. products of the Public Enterprise "Post of Serbia", Belgrade (hereinafter: The Post) via the Internet, and through the electronic store "ePhilately" (hereinafter: e-store).

The General Terms and Conditions are harmonized with the regulations of the Republic of Serbia and the General Acts of the Post, especially with the Law on Electronic Commerce, the Law on Trade, the Law on Obligations, the 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, that is, consumers in the sense of that law.

The e-store is accessed through the ePhilately application, via the e-store website: https://efilatelija.posta.rs/ .

The Post undertakes to regularly maintain the website of the e-shop 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 distance sale of goods.

These 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 and of the Law on Electronic Commerce.

The Law on Consumer Protection does not apply to business conditions in relation to users of services with the capacity of a legal entity or entrepreneur.

These General Terms and Conditions are made in Serbian and English.

Definitions

Article 2

Certain terms used in these General Terms and Conditions shall have the following meanings:

1. 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 information society for professional or other purposes,
2. 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,
3. consumer is a natural person who acquires goods or services on the market for purposes that are not intended for their business or other commercial activity,
4. contracting parties are the Post and the service user,
5. e-store is a store on the Internet through which a merchant offers goods/services,
6. electronic trade is a type of remote trade in the sense of the law governing trade,
7. 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,
8. contract in electronic form is a contract concluded between the Post as an information society 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 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:

1) to act in accordance with business ethics in relation to service users and to respect users as business partners,

2) 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 users,

3) to accurately and clearly inform service users about its service,

4) 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 prejudice or denial of their rights or obligations and provide all users with equal legal protection in exercising their rights and interests.

Post employees are obliged to treat people with disabilities, pregnant women and the elderly with special care.

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 users within the legal deadline.

Availability of the contract in electronic form and general terms and conditions

Article 6

The contract in electronic form (hereinafter: 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 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: www.posta.rs.

The contact phone number of the Working Unit „Srbijamarka“, through which electronic trade is performed, a which operates within the Post is: 011/3063-260. Fax number is: 011/3641-855.

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 ORDERS AND PURCHASING

Information on goods, prices, and other expenses of service users

Article 8

The following goods, i.e. products are sold in the e-store:

Each product from the Paragraph 1 of this Article, is presented in the e-store with all the necessary information, photos and sales 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 the 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 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 sales price of the goods, that is, of the 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 contract.

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 the following way: service user selects the desired 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, that is, 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 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 accept the General Terms and Conditions.           

 After clicking on 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 product, i.e. list of ordered products, order amount, delivery instructions and 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, the contract in electronic form between the Post and the service user is considered to have been concluded.

The purchase order, in the sense of this Article of the General Terms and Conditions, is checked by the Trade Service, under the jurisdiction of which is the electronic store, established within the Working Unit "Srbijamarka", which organizationally belongs to the Post.

Ordering goods is possible 24 hours a day, seven days a week.

Payment

1. Payment method for products ordered 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 these 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:

1. payment to the account,
2. by using a payment card in the Philately sales premiises of the Post,
3. by cash payment in the sales premises referred to in Point 2) of this Paragraph,
4. 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 for payment to the account for customers from the territory of Serbia: 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 purchase order is valid for 5 (five) days, if the payment is made: by payment to the account, using a payment card in the Philately sales premises of the Post, i.e. by cash payment in the Philately sales premises of the Post.

2. Payment method for products ordered from abroad

Article 11

Service users from abroad can perform payment as follows:

• using 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 electronic 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 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, the export will be carried out in the regular customs procedure.

Statement of Conversion

Article 12

Payment for ordered 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 consumer's payment card will be debited will be expressed in the local currency of that consumer, 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

Article 13

Delivery of ordered goods, i.e. products on the territory of the Republic of Serbia, is carried out in one of the following ways:

1. by personally collecting the goods at the Philately sales premises,
2. by Post Express item at the address indicated when placing orders.

Delivery on the territory of the Republic of Serbia is carried out by the Post in accordance with the deadlines for the transfer of Post Express items, about which the customer can be informed via the website: www.postexpress.rs.

Delivery costs are borne by the servicee 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 terms of transmission 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 contracted product is not possible.

Reception and inspection of delivered goods

Article 14

When collecting the goods, the service user is obliged to look at the received goods immediately, and in case of visible damage, they have the right to refuse to collect the goods, as well as to demand the delivery of an undamaged product.

When collecting the delivered product, the service user along with the purchased goods receives all the documents that accompany the product, depending on the type of product, the invoice and confirmation of receipt of the goods, i.e., the postal item that the user is obliged to sign, by which procedure it is considered that the goods were collected without visible damage.

Service provider liability

Article 15

With regard to the liability of the Post for material defects of goods, i.e. products, the provisions of the Law on Postal Services, the Law on Obligations, as well as the provisions of other regulations and acts governing the contractual relationship in question are applied, while the provisions of the Law on Consumer Protection are applied only if the customer is a natural person, i.e. consumer within the meaning of that law.

V. PURCHASE ORDER DURATION

Article 16

The purchase order, in terms of the General Terms and Conditions, lasts until the fulfillment of the contractual obligations.

VI. RIGHT TO WITHDRAW AN 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 by making a statement on the prescribed form for withdrawal from the purchase order or in another unambiguous way (hereinafter: the withdrawal form).

The statement of withdrawal from the purchase order 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 from the purchase order 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 contract, is up to the service user.

The order cancellation form is an integral part of these General Terms and Conditions.

Calculating deadlines for consumers to withdraw from a purchase order

Article 18

In accordance with the provisions of the Law on Consumer Protection, the deadline for canceling the purchase order from Article 17, Paragraph 1 of the General Terms and Conditions is calculated from the moment the goods get into the possession of the service user, that is, a third party designated by them, who is not the carrier.

When the service user orders several types of goods that are delivered separately with one purchase order, that term begins to run when the last type of ordered goods gets into the possession of the service user or a third party designated by them, who is not the carrier.

When the delivery of goods 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, that is, a third party designated by them, who is not the carrier.

The deadline from Para. 1.-3. of this Article expires at the end of the last hour of the last day of the term.

Legal consequences of withdrawal 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, i.e. products.

VII. COMPLAINTS

Article 20

In accordance with the provisions of the Law on Consumer Protection, the service user can file a complaint with the Post in order to exercise their rights regarding the conformity of the goods, as well as due to incorrectly calculated prices and other defects.

The Post is obliged to receive the declared complaint.

The service user can declare 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 delivery of a receipt for inspection or other proof of purchase (copy of the invoice, slip, etc.).

Complaints are submitted in writing, to the address: Public Enterprise Pošta Srbije, Belgrade, Working Unit "Srbijamarka", Palmotićeva 2, PAK: 106306, 11103 Belgrade. The e-mail for receiving complaints is: srbijamarka@posta.rs .

The Post keeps a record of complaints received and keeps them for at least 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 the Post, for objective reasons, is not able to satisfy the request of the service user within the agreed time, it is obliged to inform the service user about the extension of the deadline for resolving the complaint and state the deadline within which to resolve it, as well as to obtain his/her consent. The Post is obliged to record this information in the records of received complaints. Extension of the deadline for resolving complaints is possible only once.

If the Post rejects the complaint, it is obliged to inform the service user about the possibility of settling the dispute out of court and about the competent bodies for the out-of-court settlement of consumer disputes.

The inability of the service user to deliver the packaging of the goods 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 procedure of out-of-court settlement of consumer disputes before the body for out-of-court settlement of consumer disputes, in accordance with Article 151, Paragraph 1 of the Law on Consumer Protection ("Official Gazette of the RS", No. 88/21).

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 provisions of the Law on Protection of Personal Data, and which data the Post processes in connection with the provision of the service of remote sale of goods, to be carried out appropriately and limitedly, exclusively in accordance with the purpose of the processing actions.

The Post undertakes to process personal data from Paragraph 2 of this Article in a manner that ensures appropriate protection of such data from unauthorized or illegal 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 based on the law arranging that delivery.

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 available to the Post at any time.

Refunds

Article 24

In case of return of goods and refund of customers who previously paid with one of the payment cards, partially or in full, and regardless of the reason for the return, the Post is obliged to make the refund exclusively via VISA, EC/MC, Maestro, Amex and Dina payment method, which means that the bank will refund the card user's account at the request of the Post.

IX. DISCLAIMER STATEMENT

Article 25

The Post reserves the right to change these general conditions at any time.

The Post uses all its resources to ensure that all products sold by the electronic store are displayed with the correct names, specifications, photos and prices, but cannot guarantee that all information on the electronic 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.

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