General terms and conditions

General terms and conditions for conducting e-commerce in PE Post of Serbia, Belgrade, via e-philately shop

I General information on the terms of use

Subject

Article 1

These General Terms and Conditions for conducting e-commerce in the PE Post of Serbia, Belgrade, via the e-Philately shop (hereinafter: General Terms and Conditions) are made in accordance with the Law on Electronic Commerce (“Official Gazette of the RS”, Nos. 41/09, 95/13 and 52/19), Law on Trade (“Official Gazette of the RS”, No. 52/19), Law on Consumer Protection (“Official Gazette of the RS”, Nos. 62/14, 6 / 16 - other law and 44/18 - other law) and the Law of Contract and Torts (“Official Gazette of the SFRY”, Nos. 29/78, 39/85, 45/89 - CCY, 57/89, “Official Gazette of the FRY”, No. 31/93, “Official Gazette of the RS”, No. 18/20).

The General Terms and Conditions regulate the conditions for the sale of goods of PE Post of Serbia, Belgrade (hereinafter: The Post) outside the premises of the Post, via the Internet, as follows: availability of contracts in electronic form and general conditions, ordering and purchasing, contract duration, withdrawal from distance contracts, complaints, privacy policy, disclaimers, as well as other issues related to conducting distance trade via the e-Philately shop (hereinafter: e-shop).

The e-shop is accessed through the e-Philately application, via the corporate website of the Post: www.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 positive legal regulations, are communicated to users.

By accepting these General Terms and Conditions, the service user also confirms that he/she is familiar with data on products and prices, as well as other elements of pre-contractual notices in terms of the provisions of the Law on Consumer Protection and codes of conduct in terms of the Law on Electronic Commerce.

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

Article 2

These General Terms and Conditions are in accordance with:

  1. Law on Electronic Commerce (“Official Gazette of the RS”, Nos. 41/09, 95/13 and 52/19),
  2. Law on Trade (“Official Gazette of the RS”, No. 52/19),
  3. Law on Consumer Protection (“Official Gazette of the RS”, Nos. 62/14, 6/16 - other law and 44/18 - other law),
  4. Законом о облигационим односима („Службени лист СФРЈ”, бр. 29/78, 39/85, 45/89 – УСЈ, 57/89, „Службени лист СРЈ”, број 31/93, „Службени гласник РС“, број 18/20),
  5. Law on Personal Data Protection (“Official Gazette of the RS”, No. 87/18), as well as other positive regulations in the Republic of Serbia and general acts of the Post.

Mandatory information about the service provider

Article 3

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).

Електронска адреса Поште је: posta.rs@posta.rs

The Post is entered in the Business Registers Agency by Decision BD 82952/2016.

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 Business Registers Agency.

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 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.

Territory where the Post provides distance sale services

Article 4

The Post provides the service of distance sale of goods on the territory of the Republic of Serbia as well as abroad.

Principles in conducting distance trade

Article 5

In the provision of distance 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 law that the Post applies regarding the distance 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 users with quality and safe services of distance sale of goods.

Codes of conduct in terms of the Law on Electronic Commerce

Article 6

Codes of conduct require that the usual requirements regarding the quality, price or other characteristics of the 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. 

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.

Definitions

Article 7

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

  1. contracting parties mean the Post and the service user,
  2. e-shop is an online store through which a trader offers goods/services,
  3. distance trade is the display of an offer and the conclusion of a contract for the sale of goods/services using one or more means of remote communication,
  4. electronic commerce is a form of distance trade in the sense of the law governing trade,
  5. distance contract is a contract concluded between a trader and a consumer within the framework of organized sale or provision of remote services without simultaneous physical presence of the trader and the consumer, exclusively using one or more means of remote communication until the moment of concluding the contract, including the moment of conclusion,
  6. store is a space that forms a unique physical, functional, technical and technological unit of permanent or temporary construction character, equipped in the prescribed manner, which is intended for conducting trade,
  7. business premises are immovable retail facilities in which the trader permanently performs his activity as well as movable retail facilities in which the trader usually performs his activity;
  8. service user is any private entity, private entity registered to perform a certain activity in accordance with the law or a legal entity that uses the services of the Post for professional or other purposes,
  9. website user is a visitor of the website regardless of whether he/she makes a purchase or not,
  10. contract in electronic form is a contract concluded between the information society service provider and the service user electronically using electronic means.

II Availability of the Contract and General Terms and Conditions in electronic form

Article 8

The contract in electronic form, i.e. 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 Contract 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 can not order or buy goods offered in the e-shop if he/she does not previously confirm that he/she is familiar with the General Terms and Conditions and that he/she agrees to them.

III. Making orders and buying

Information on goods and prices

Article 9

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

  1. Postage stamps,
  2. First day covers (FDC) and Maximum cards,
  3. Annual sets of stamps and FDC covers,
  4. Thematic sets,
  5. Philatelic accessories,
  6. друга роба, односно производи, уколико су испуњени прописани услови за њихов    промет.

Each product from the paragraph 1 of this Article, is presented in the e-shop 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 2 of this Article, displayed in the e-shop 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.

The selling price of the product does not include delivery costs.

 Delivery on the territory of the Republic of Serbia is performed using the Post Express service - the recipient pays the postage. The user of the service can be informed about the costs of delivery on the territory of the Republic of Serbia via the following link: http://www.postexpress.rs/struktura/lat/cenovnik/cenovnik-unutrasnji-saobracaj.asp.

Delivery costs for products purchased for abroad are fixed in relation to the destination country and the distance zone and are displayed separately after selecting the desired items.

Ordering goods

Article 10

The procedure of ordering goods from the e-shop is done in the following way: the Service user selects the desired product, from those offered in the e-shop and adds that product to the “Shopping Basket”.

After selecting the products from the paragraph 1 of this Article, Service user enters the requested data in the offered electronic form of the purchase order, including personal data in the sense of the Law on Personal Data Protection. Mandatory data to be entered into the purchase order are: name and surname, address, city, country, contact phone and e-mail address.

By filling in the purchase order, the service user confirms the order and the accuracy of the entered data, by clicking the button: “Place order“.

On the purchase order itself there is a clear notification that with the sending of the purchase order, the Service user also accepts the payment obligations.

After sending the purchase order, Service user receives from the Post an automatic confirmation of the purchase, which contains the following information: number and date of the purchase order, ordered product, i.e. list of ordered products, order amount, instructions and delivery address, delivery costs in accordance with the delivery address and link (connection) to payment instructions, which are located on the website mentioned in the article 1 paragraph 3 of the General Terms and Conditions.

Reception of the purchase order from the paragraph 2 of this Article, as the Statement of the Service user on accepting the offer, in terms of the Law of Contract and Torts, shall be the moment of concluding the contract in electronic form, in terms of the Article 15 paragraph 1 of the Law on Electronic Commerce.

Purchase order in terms of this Article of General Terms and Conditions, is checked by the Trade Office, that operates within the Post of Serbia, in the Working Unit “Srbijamarka”, that is in charge of the e-shop.

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

Payment method

1.Payment method for products ordered on the territory of the Republic of Serbia

Article 11

Service user pays the price for ordered goods from the e-shop, in terms of the Article 10 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 on account,
  2. payment by credit card in the Post’s “Philately” store,
  3. payment by cash at the store from the item 2) of this paragraph;
  4. cash on delivery.

Payment from the paragraph 2 item 1) of this Article, is done pursuant to the following payment instructions on the account for buyers on 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 number of the purchase order.

Validity period of the purchase order is 5 (five) days, if the payment is done as: payment on account, payment by credit card i.e. by cash in the Post’s “Filatelija” store.

Cash on delivery payment from the paragraph 2 item 4) of this Article, is available only for the delivery of goods on the territory of the Republic of Serbia, pursuant to the provisions of the law.

2.Payment method for products ordered from abroad

Article 12

Service users from abroad can pay with international bank remittance using the SWIFT technology, when the Service user is obliged to give the following data, for:

A) PAYMENT IN EUR CURRENCY:

Beneficiary:
JP POSTA SRBIJE BEOGRAD
TAKOVSKA 2, 11000 BEOGRAD 6
IBAN: RS35200009058010100344
Account with institution:
BANKA POŠTANSKA ŠTEDIONICA A.D.
11000 BEOGRAD
SWIFT: SBPORSBG
Intermediary: DEUTDEFF, DEUTSCHE BANK AG, FRANKFURT

or

Beneficiary:
JP POŠTA SRBIJE BEOGRAD
TAKOVSKA 2, BEOGRAD, REPUBLIC OF SERBIA
IBAN: RS35160005030000115497
Account with institution:
BANCA INTESA AD, BEOGRAD
MILENTIJA POPOVIĆA 7B
BEOGRAD, REPUBLIKA SRBIJA
SWIFT: DBDBRSBG
Intermediary: BCITITMM, INTESA SANPAOLO SPA, MILANO, ITALY

B) PAYMENT IN USD CURRENCY:

Beneficiary:
JP POSTA SRBIJE BEOGRAD
TAKOVSKA 2, 11000 BEOGRAD 6
IBAN: RS35200009058010100344
Account with institution:
BANKA POŠTANSKA ŠTEDIONICA A.D.
11000 BEOGRAD
SWIFT: SBPORSBG
Intermediary: RZBAATWW, RAIFFEISEN BANK INTERNATIONAL AG, AUSTRIA

or

Beneficiary:
JP POŠTA SRBIJE BEOGRAD
TAKOVSKA 2, BEOGRAD, REPUBLIC OF SERBIA
IBAN: RS35160005170000055253
Account with institution:
BANCA INTESA AD BEOGRAD
MILENTIJA POPOVIĆA 7B
BEOGRAD, REPUBLIKA SRBIJA
SWIFT: DBDBRSBG
Intermediary: CHASUS33, JPMORGAN CHASE BANK, N.A., NEW YORK, NY,     UNITED STATES.

For payment with bank transfer, in terms of paragraph 1 of this Article, Service user chooses the option OUR costs, which means that the user will pay for all transfer costs.

Service users from the paragraph 1 of this Article, besides the costs from the paragraph 2 of this Article, shall also bear the costs of the commission for the transfer of funds to the account of the Post, as well as the costs of the intermediary bank fee.

Ordered goods referred to in paragraph 2 of this Article shall be delivered via the Post Export - Export of Goods service, with the attached invoice in two copies (one copy in Serbian and the other in English). If the Customs Administration estimates that not all the necessary data for the description of goods are stated on the form necessary for the realization of the Post Export - Export of Goods service, the export will be performed according to the regular customs procedure, through the Post Sped service.

Condition, method and deadline for delivery

Article 13

Delivery of ordered products on the territory of the Republic of Serbia is realized in one of the following ways:

  1. collection of goods at the “Philately” store,
  2. as “Post -Express” item to the address indicated while ordering.

Delivery on the territory of the Republic of Serbia is done in accordance with the transfer deadlines for “Post -Express” items, and Service user can find more information in this regard on the website: www.postexpress.rs. Service user bears delivery costs.

Delivery abroad is performed by the postal administration of the country of destination, in accordance with the customs regulations of that country and in the manner and under conditions of performing postal services.

The costs incurred by the customs procedure in the country of destination shall be paid by the buyer, i.e. the recipient of the postal item.  

Transmission deadlines in international postal traffic are not defined, but it is assumed that items are dispatched via the first forwarding connection.

Reception and inspection of delivered goods

Article 14

When taking over the goods, the user of the service is obliged to inspect the received goods immediately, and in case of visible damage, he/she has the right to refuse to take over the goods, as well as to request the delivery of an undamaged product.

When taking over the delivered product, the user of the service receives all the documents accompanying the product, depending on the type of the product, invoice and receipt of the goods (the postal item) that the user is obliged to sign. In doing so, the goods are then considered to have been taken over without visible damage.

Liability of the service provider

Article 15

Regarding the liability of the Post for material defects of articles, i.e. goods, the provisions of the Law on Postal Services, the Law of Contract and Torts, the Law on Consumer Protection, as well as the provisions of other acts that the Post is obliged to apply in the subject contractual relationship.

IV Contract duration

Article 16

The contract in electronic form, in terms of the General Terms and Conditions, lasts until the fulfilment of contractual obligations.

V Withdrawal from a distance contract

Article 17

The user of services has the right to withdraw from the distance contract, except in the case of exceptions prescribed by Article 37 of the Law on Consumer Protection.

The user of services has the right to withdraw from the contract concluded at a distance, i.e. outside the sales facilities of the Post within 14 days, without stating the reasons and additional costs, except for the costs from Art. 34 and 35 of the Law on Consumer Protection.

The user of services exercises the right to withdraw from the contract by a statement that he/she can give on a special form for withdrawal from a contract concluded at a distance, i.e. outside the business premises or in another unambiguous manner (hereinafter: withdrawal form).

The statement on withdrawal from the contract for distance contracts and contracts concluded outside the business premises shall be considered timely if it is sent to the Post within the period referred to in paragraph 2 of this Article.

The statement of withdrawal from the contract has legal effect from the day it is sent to the Post.

The withdrawal form can be downloaded by the service user here.

The form referred to in paragraph 6 of this Article is an integral part of these General Terms and Conditions.

After the expiration of the deadline referred to in Article 29 of the Law on Consumer Protection, the consumer's right to withdraw from the contract shall cease.

The user of services is obliged to prove that he/she acted in accordance with the provisions of paragraphs 1 - 5 of this Article in order to exercise the right to withdraw from the contract.

Calculation of deadlines for consumer withdrawal from the contract

Article 18

When it comes to a contract for the sale of goods, the period of 14 days is calculated from the moment when the goods become the possession of the user of services, i.e. a third party designated by him/her, who is not a carrier.

When the user of the service orders several types of goods to be delivered separately with one purchase order, the period of 14 days begins when the last type of ordered goods becomes the possession of the service user, i.e. a third party designated by him/her, who is not a carrier.

When the delivery of goods consists of several postal items and parts, the period of 14 days begins when the last postal item or part becomes the possession of the service user, or a third party designated by him, who is not a carrier.

Deadline from paragraphs 1 - 3 of this Article expires at the end of the last hour of the last day of the deadline.

Legal consequences of withdrawal from the contract

Article 19

If the service user realizes the right to withdraw from the contract in accordance with Article 28 of the Law on Consumer Protection, it is considered that the distance contract was not even concluded and the obligations prescribed by Articles 34 and 35 of the Law on Consumer Protection come into effect.

VI Complaints

Article 20

The service user may file a complaint to the Post in order to exercise his/her rights regarding the compliance of the goods, as well as regarding the incorrectly calculated prices and other defects.

The service user can make a complaint orally at the selling place where the goods were picked up, in writing, electronically, or on a durable medium, with the submission of an invoice for inspection or other proof of purchase (copy of invoice, slip, etc.).

The complaint from the paragraph 2 of this Article, when submitted in writing, is submitted to the address: Public Enterprise Post of Serbia, Belgrade, Working Unit "Srbijamarka", Palmotićeva 2, PAK: 106306, 11103 Belgrade. The e-mail for receiving complaints is: rjsrbijamarka@jp.ptt.rs.

The Post keeps records of received complaints and saves them for at least two years from the day of submitting complaints by service users.

The Post is obliged to issue a written confirmation to the consumer or to confirm the receipt of the complaint electronically, i.e. to announce the number under which his/her complaint is registered in the records of received complaints.

The Post is obliged to respond to the service user in writing or electronically without delay, and no later than eight days from the day of reception of the complaint. The response must contain a decision on whether to accept the complaint, a statement on the service user's request and a specific proposal and the deadline for resolving the complaint, which may not be longer than 15 days from the day of filing the complaint.

The Post is obliged to act in accordance with the decision, proposal and deadline for resolving the complaint, if it has received prior consent of the service user.

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.

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 eliminate the non-compliance.

VII Privacy policy

Article 21

The Post is obliged to respect the privacy of service users and ensure the protection of their personal data in accordance with the law.

The Post undertakes to process personal data, in terms of the provisions of the Law on Personal Data Protection. The Post will process these data, in connection with the provision of distance selling services, appropriately and with limitations, exclusively in accordance with the purpose of processing.

The Post undertakes to process personal data referred to in paragraph 2 of this Article in a manner that ensures adequate 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.

VIII Disclaimer statement

Article 22

The Post reserves the right to change these General Terms and Conditions at any time.

The Post uses all its resources to display all products that are the subject of the e-shop with the correct names, specifications, photos and prices, but cannot guarantee that all information on the e-shop website is completely accurate.

Article 23

The Post and the user of the service, as contracting parties, will try to resolve all possible disputes amicably, and in case of a dispute, the court in Belgrade is competent.

IX Final provision

Article 24

These General Terms and Conditions shall be published on the website of the Enterprise.

Образац

Изјава

о одустанку од уговора закљученог на даљину или уговора који се закључује изван пословних просторија преузети овде