1. THE COMPANY

1.1. The Company is a société anonyme for courier services under the trade name “GENIKI TAXYDROMIKI COMMERCIAL SOCIETE ANONYME FOR COURIER SERVICES” and the distinctive title “GENIKI TAXYDROMIKI SA”. The company named “GENIKI TAXYDROMIKI COMMERCIAL SOCIETE ANONYME FOR COURIER SERVICES”, hereinafter referred to in this Charter as the “Company” for the sake of brevity, has been established in December 1998 under the Greek legislation and has been registered in the Register for Sociétés Anonymes under number 41835/02/Β/98/53/05. The Company has been listed in the General Electronic Commercial Registry (GEMI) under registration number 44421607000. Currently, the Company has its headquarters in Agios Ioannis Rentis, maintaining its head office at 81 Stratigou Makriyianni Street, with Tax ID No 094537720, Piraeus Tax Office for Commercial Companies  The contact details of the Company’s head office are: telephone 210-4851100, fax 210-4820196, e-mail : info@taxydromiki.gr. The addresses and contact telephone numbers of the local offices are published on the Company’s website. GENIKI TAXYDROMIKI holds:

• General Licence No 99-149 for the provision of postal services issued by the Hellenic Telecommunications and Post Commission (EETT);

• ISO 9001:2015 certification with certificate No 1030 issued by SQSS for the provision of courier services;

• ISO 9001:2015 certification with certificate No 1030-1 issued by SQSS for the transport and carriage of medicines.

1.2. The main objects of the Company according to its Articles of Association include: (a) provision of courier services for the delivery of documents, securities, parcels and small packages of goods anywhere in Greece and abroad by any means of transport, by land, sea or air, and provision of ancillary services, namely provision of any carriage services by any means; (b) transfer, handling and distribution of medicines; (c) standardisation and sale of packaging for small postal items; (d) logistics services, including warehouse management for customers of the Company, the receipt, management and carriage of customer goods, execution orders on behalf of customers, customer stock management, monitoring and classification of supplier invoices, managing the place, time and method of delivery of customer goods, the payment of invoices and any other logistics activity in coordination with the customers’ accounting departments; (e) brokerage of vehicles, transport companies, airlines, marine brokerage and associated operations, namely rental and operation of vehicles, chartering of ships, supply of warehouses, customs clearance of goods; (f) representation in Greece of foreign and Greek enterprises and businesses associated with the Company’s objectives and collaborating with such entities in any form; (g) organisation of commercial enterprises, trade fairs and commercial research; (h) operation of hotel, tourist and travel enterprises in general; (i) sale and repair of wireless and telecommunications equipment; (j) wholesale of other printed and packaging material; (n) manufacture and sale of foldable cardboard boxes, manufacture of other boxes made of paper or cardboard, and manufacture of plastic packaging material. In order to achieve its objects, the Company may: Participate in any type of business with the same or similar objective; Establish branch offices or agencies and cooperate with any natural or legal person. The Company will seek to achieve the above objectives either alone or in cooperation with domestic or foreign companies of any type, legal entities, public or private organisations or individuals.

1.3. The Network GENIKI TAXYDROMIKI operates throughout Greece and abroad. In order realise its object of activity, the Company operates a network of 264 offices throughout Greece, of which 45 are branch offices.

1.4. Key Financial Figures of the Company: The monthly turnover of the Company, which is one of the largest in Greece, amounts to more than EUR 4.000.000. The financial statements of the Company are being prepared in accordance with the Greek Accounting Standards and are published as required under the law.

1.5. Available transportation equipment: The Company has 426 private-use trucks, 77 public-use trucks and 654 motorcycles. It has concluded the necessary contracts with airlines, shipping companies and road transport companies to ensure that its shipments are delivered within the shortest time possible and with maximum security.

1.6. Type of services provided: The Company provides courier services for the delivery of documents, parcels, etc. in accordance with the objects specified in its Articles of Association, as set out in paragraph 1.2 and in accordance with the provisions of Chapter 3 below.

2. QUALITY POLICY

2.1. Provision of Quality Services: The provision of services that meet the expectations and needs of the consumers who have chosen to cooperate with us is a primary objective for our Company. For this reason, our Company makes every effort to constantly develop and improve the services it provides. In particular, we keep improving the delivery times for our services, upgrade our shipment tracking systems and monitor constantly the cost of the services provided. The Company has ISO 9001:2015 certification and monitors daily and consistently all processes, setting new objectives aimed at ensuring the provision of quality, modern services. With the help of advanced technology, services are constantly upgraded and are provided in a modern environment. The Company’s staff and executives receive training in order to adapt to the ever growing needs in the market for courier services and to meet the expectations of our customers.

2.2. Particular characteristics of the Company: GENIKI TAXYDROMIKI holds a significant share in the market for courier services. The Company carries more 2,500,000 envelopes and parcels monthly.

The Company employs approximately 1,370 employees at its head offices, branches and distribution centres, and more than 3,000 employees in the offices of its network.

It operates 7 distribution centres, including one facility of approximately 15,000 sq.m in Agios Ioannis Rentis 81 Stratigou Makriyianni Street, which houses the main distribution centre for Attica and the Company’s head office, one facility of approximately 1,100 sq.m in Kalochori, Thessaloniki, which houses the main distribution centre for Thessaloniki, and five regional distribution centres nationwide, with an area of approximately 1,800 sq.m.

It also has more than 116 routes (land - sea).

 

3. SERVICES PROVIDED – INFRASTRUCTURE AND PROCEDURES

3.1. Services: GENIKI TAXYDROMIKI provides courier services for the shipment of postal items to domestic and international destinations, courier services for the shipment of parcels with or without commercial value to domestic and international destinations, distribution of promotional items without address, preparation of postal items, exchange of documents, execution of purchase orders, and payment on delivery services, even with orders made by phone or email.

The courier services provided by GENIKI TAXYDROMIKI to the users fall within the scope of the issued by the Hellenic Telecommunications and Post Commission (EETT).

The items carried by GENIKI TAXYDROMIKI are delivered according to the user’s instructions and the type of shipment.

GENIKI TAXYDROMIKI has the necessary infrastructure and is able to provide even same-day delivery services; it also offers a bulk distribution service, i.e. cost-effective carriage of bulk shipments (over 50) within 2-5 days, upon agreement with the user of the service. The type of items carried by the Company is defined in the applicable legislation. GENIKI TAXYDROMIKI provides basic courier services, which consist in the receipt and delivery of postal items, include the stages of collection, sorting, transport and delivery of postal items, and are provided in Greece and abroad. In addition to the basic courier services, the Company also offers its general customers the following ancillary services:

(a) Purchase of goods on behalf of third parties

Purchase and delivery of goods according to the customer’s instructions with an order sent by email.

(b) Cash-on-delivery service

Cash-on-delivery shipments according to the customer’s instructions. Deposit of the amount collected within 5-6 business days from the date of delivery.

(c) Cheque-on-delivery service

Cheque-on-delivery shipments according to the customer’s instructions. Return of the cheque collected within 3-4 business days from the date of delivery.

(d) Service on Non-business Day/Sunday or during out-of-office hours

Processing of shipments on non-business days and hours by agreement.

(e) Service for special shipments

Processing of shipments, involving receipt and transmission of reference number, certified documents, receipts, etc.

(f) Same-day delivery service from one city to another

Same-day delivery of items between cities within our network.

(g) Saturday delivery service

(h) Receipt of tender notices

(i) Submission of supporting documents for tenders

(j) Morning delivery

At the sender’s instructions, shipments are delivered by 10:30 am. This service is not available for island destinations.

(k) Delivery to island destinations on the next business day by air

This service is provided for parcels up to five kg and is not available for destinations on the Saronic and Ionian islands.

(l) Return Request (RR) Service

This service involves the shipment of a envelope or parcel according to the specific instructions of the sender, receipt upon delivery of another parcel from the recipient and return to the sender.

(m) Transfer of refrigerated medicines

(n) Transfer of prescription medicines

 

Apart from the automatic insurance provided under the General Conditions of Carriage up to the maximum amounts specified therein, shipments to domestic destinations (within Greece) may also be insured based on the value declared by the sender, through the insurance company cooperating with GENIKI TAXYDROMIKI, at a charge of 0.6% of the declared value of the item.

3.2. Services provided to consumers and applicable charges

The services provided by GENIKI TAXYDROMIKI and the specific characteristics of each one of them (cost, expected delivery time, etc.) are specified in the detailed Price List of the Company, which is easily accessible and can be retrieved quickly by any interested party on the corporate website of GENIKI TAXYDROMIKI, including in PDF format.

Service users can consult the Price List in all offices within our network and at the Company’s service points, or obtain information on specific charges from the Company’s call centre and website (www.taxydromiki.com). The applicable Price List of the Company includes as a minimum the elements specified in Article 4 of the Code of Conduct for the Provision of Postal Services (Decision No 687/328 of the Hellenic Telecommunications and Post Commission (EETT) – Government Gazette, Series II, No 1874/31.7.2013). GENIKI TAXYDROMIKI may revise or adjust the charges for each service provided according to its needs. The price list is updated periodically to reflect changes in market conditions and consumer demands. Each new price list published or posted on the Company’s website invalidates the previous version, rendering it null and void in respect of any services undertaken after the publication of the new version and its notification to customers. The current price list and any revision or modification thereto, either with regard to the charges or the services or the terms on which they are provided, shall be published on the homepage of the GENIKI TAXYDROMIKI website with a designated link and shall be made available in the offices of the Company’s network. Information on services and corresponding charges can be obtained from the Company’s website, call centre, and network of offices.

 

3.3. Receipt and delivery of express postal items

Upon receipt of postal items at the sender’s address or at the office where the sender has chosen to come in person in order to hand over the item, GENIKI TAXYDROMIKI has the obligation to inform the user of the following:

(a) the specifics of the chosen service and in particular, the related charges and time and method of delivery; (b) the fact that the user is entering into an individual contract with the Company, which must be presented to the user; (c) the fact that the Express Waybill (SYDETA) is not a tax document; (d) the procedure for obtaining a receipt or an invoice for the services offered in hard copy or in electronic format, in compliance with the conditions laid down by the Ministry of Finance.

GENIKI TAXYDROMIKI: (a) has the right to ask the sender to open the parcel or envelope before an employee of the Company and have its contents examined; (b) has the right to ask the sender to produce two official identification documents (such as identity card, passport, driving licence, military ID, residence permit); (c) must refuse to ship a postal item if the Company considers that it might pose danger to public safety and must notify the competent authorities accordingly, including the Hellenic Telecommunications and Post Commission (EETT); (d) has the obligation to deliver the postal item to the recipient’s address, to him/her personally or in the recipient’s absence, to a member of his/her household; (e) must document in the Express Waybill (SYDETA) any special requirements of the sender concerning the delivery method (for instance, same-day delivery or delivery within a specific timeframe or delivery on non-business day). The Company shall not undertake the shipment of postal items, which the sender or the recipient wish to open before the delivery procedure is completed and before the cash-on-delivery amount and the transport costs, if charged to the recipient, are paid to the Company. In case of cash-on-delivery shipments, the recipient is obliged to accept the item and pay the cash-on-delivery amount and the transport costs, if charged to the recipient. The cash-on-delivery amount shall correspond to the value of the transferred good, as agreed between the sender and the recipient, and shall be paid according to the sender’s instructions. The corresponding tax document shall be issued by the beneficiary of the cash-on-delivery amount without the involvement of GENIKI TAXYDROMIKI, which cannot have knowledge of the content of the shipment and the agreement between sender and recipient. Any reservations can be expressed as indicated below.

The user/sender: (a) must indicate whether the item is fragile or has a special value or special transport requirements and the Company may require that additional fees be paid; (b) may change the delivery address for the item by telephone or in writing (e.g. by fax or email), within the time limit and according to the procedures laid down by the courier company, undertaking any additional charge in case of different delivery area, based on the Company’s Price List; (c) can obtain information on the delivery (date and time, name of the person who accepted the item, etc.) from the Company’s website or from a representative thereof after placing an enquiry by phone, email, etc.

The user/recipient: (a) can receive the postal item with reservations, specifying the reasons in the Express Waybill (SYDETA). Specifically, in cases where GENIKI TAXYDROMIKI has obtained an electronic signature from the recipient, confirming the receipt, the Company shall ensure that any reservations expressed at delivery are documented either electronically or with a written note, as described above, on the printed Express Waybill (SYDETA) or on another special form, which is identified with the shipment and is retained for as long as the details of that shipment are retained. GENIKI TAXYDROMIKI must inform accordingly any consumer/recipient who would like to express reservations upon receipt and the Company’s employee must process the request in the presence of the recipient. Reservations may be expressed within one (1) day of receipt of the postal item by the recipient. (b) may change the delivery address for the item by telephone or in writing (e.g. by fax or email), within the time limit and according to the procedures laid down by the Company, undertaking any additional charge in case of different delivery area, based on the Price List of GENIKI TAXYDROMIKI.

 

3.4. Delivery Times for Postal Items

The usual delivery time of a postal item is the next business day following the date of dispatch, for shipments within the city. For shipments to continental destinations, the expected delivery time is one (1) to two (2) business days. For shipments to island destination, the usual delivery time is two (2) business days, whereas for shipments to hard-to-reach areas, it is one (1) to three (3) business days. Business days shall be the days of the week from Monday until Friday.

 

3.5. Tracking and tracing of postal items

3.5.1. Special System for Tracking and Tracing Postal Items

The Company maintains a Special System for Tracking and Tracing Postal Items (ESPETA) in compliance with the requirements of the Greek legislation on courier services, and in particular, the provisions of Law 4053/2012 and Decision No 686/064/26.3.2013 and Decision No 687/328/05.05.2013 of the Hellenic Telecommunications and Post Commission (EETT), as currently in force. This a special information system, which operates with advanced software, enables the tracking and tracing of express postal items, and is updated with each change of data concerning the identity or movement of the postal item on its way from the sender to the recipient; it also includes any information that might have been exchanged between employees responsible for handling the shipment at the particular office. The Special System for Tracking and Tracing Postal Items (ESPETA) records all the characteristics of each shipment, namely: the number of the issued Express Waybill, which identifies each (see below), the date of dispatch and the date of delivery/receipt, the sender’s and the recipient’s names, the weight of the shipment, the service requested, the person responsible for paying the related charge (sender or recipient), and the stages involved from the dispatch of the shipment until its final delivery to the recipient (e.g. departure from the office of receipt, arrival at the distribution centre, allocation to the office of delivery, departure from distribution centre, assignment to delivery courier, delivery, recipient details or cause for non-delivery). The above system maintained by GENIKI TAXYDROMIKI under the law, is updated with the use of modern technology, including special electronic devices loaded with the appropriate software, which send information online about changes in each shipment and can also capture photos of the exterior of the postal item.

Service users can receive immediate information on the progress of their shipment from dispatch to delivery, through the Company’s website: www.taxydromiki.com. In case of damage or failure to deliver the shipment for any reason, the interested person (sender or recipient only) is referred through the website to the appropriate office, which she/he must contact in order to provide details about the shipment he/she is interested in.

 

3.5.2. Accompanying Express Waybill

In order to identify the express postal items it carries, GENIKI TAXYDROMIKI issues a special form, which is affixed to the postal item and contains its identification details, as provided for in Law 4053/2012 and Decision No 686/064/26.3.2013 and Decision No 687/328/05.05.2013 of the Hellenic Telecommunications and Post Commission (EETT), as currently in force. The details of GENIKI TAXYDROMIKI (trade name, distinct title, tax identification number, Company contact details) and the indication EETT are clearly indicated on the accompanying Express Waybill (SYDETA). The SYDETA also has a unique number, which identifies the postal item and is required in order to track and trace the postal item through the Company’s Special System for Tracking and Tracing Postal Items (ESPETA), and the details of the sender and recipient. Where postal items are sent en masse, GENIKI TAXYDROMIKI issues a simplified SYDETA sticker, which is adapted to each item and contains at least the unit number of the shipment, the unique number of each piece, the distinct title and contact details of the Company and the indication EETT. All items are registered and tracked via the Special System for Tracking and Tracing Postal Items (ESPETA) of GENIKI TAXYDROMIKI as autonomous express postal items. The user has the right to receive the express postal item with reservations and this can be declared in writing either on the SYDETA or in the designated electronic field when electronic signature is obtained to confirm delivery, or on a special form, which is identified with the shipment and is registered in the Special System for Tracking and Tracing Postal Items (ESPETA). GENIKI TAXYDROMIKI strives to promote environmental awareness and protect the environment, and has taken measures to limit the use of paper by applying an electronic SYDETA form and obtaining electronic signature from recipients.

GENIKI TAXYDROMIKI keeps the SYDETA coupons in its archive, in electronic and/or hard copy, for a minimum period of six (6) months.

 

4. UNACCEPTABLE POSTAL ITEMS – PROHIBITED ITEMS

The Company does not accept for carriage any items that are generally prohibited under the applicable legislation, the items specified in the individual contract, any items that have not been properly packaged, as well as items for which the sender refuses to provide sufficient data about him/herself or the recipient. GENIKI TAXYDROMIKI does not undertake the processing and carriage of the following items and documents:

Fragile items not properly packaged, Cash, Currency, Gold bullion, Jewelry, Precious Metals, Precious Stones, Industrial and Natural Diamonds, Antiquities, Works of Art, Personal Correspondence and any items in general whose movement is prohibited or restricted by the applicable national law and by international conventions.  

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5. DELIVERY OF POSTAL ITEMS AND MANAGEMENT OF UNDELIVERED ITEMS

If a postal item could not be delivered to the recipient for any reason, the recipient will be informed by written notice, the item will be returned to the office responsible for its delivery, and a second or further attempts at delivery will be scheduled in consultation with the recipient and/or the sender. In particular: (a) in case the recipient is absent, he/she will be informed by written notice and the item will be returned to the Company premises; (b) at least one further attempt will be scheduled to deliver the item to the recipient; (c) if difficulties in delivering the item persist, the sender or the recipient will be contacted by phone or by any other appropriate means (email, etc.), provided that their contact telephone numbers have been stated; (d) in case of failure to deliver the postal item or refusal of the recipient to accept it, the postal item will be returned to the sender at a charge no greater than the amount paid for the shipment. If the delivery of the postal item to the recipient finally proves impossible for any reason, even in case of the recipient’s refusal to accept it, the sender will be informed immediately and the shipment will be returned to him/her at a charge no greater than the amount paid for the shipment, without prejudice of the Company’s right to claim any damages.

Postal items for which the Company has exhausted all possibilities for delivery, as set out above, to no avail, are deemed undeliverable.

Undeliverable postal items are stored by the Company for a period of six (6) months from the last failed attempt at delivery. The cost of storage is notified to both the sender and the recipient and is payable by them severally.

Postal items that could not be delivered to the recipient or returned to the sender will be considered ultimately undeliverable and will be donated to charitable or other organisations or destroyed with a destruction protocol in accordance with the procedures followed by the Company after the expiry of no less than six (6) months. These procedures do not apply to items that have been withheld by official authorities or whose value, as declared by the sender, exceeds EUR 100; such items are handed over to the Hellenic Telecommunications and Post Commission (EETT).

 

6. ELEMENTS OF THE INDIVIDUAL CONTRACT – CONTRACTUAL AND OTHER TERMS

The Express Waybill (SYDETA) serves as proof that a contract for courier services has been signed and gives rise to a presumption that the parties involved (sender - recipient) are aware of and accept the General Conditions of Carriage.  The Express Waybill (SYDETA) is the individual contract, which sets out the terms and conditions of carriage for each postal item, the unacceptable items and those the carriage of which is prohibited, the Company’s right not to undertake the carriage of items, if the sender refuses that they be inspected by a representative of the Company, the possibility for the sender to insure the postal item and the related insurance premium, the compensation payable for delay, theft, loss and damage of items and the deadlines within which the user can claim such compensation, the cases in which the Company cannot be held liable, at least as set out in Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013), the procedures for managing undeliverable postal items and resolving disputes between the Company and the user. In particular, the General Conditions of Carriage indicated on the Express Waybill (SYDETA) are as follows:

 

GENERAL CONDITIONS OF CARRIAGE BY GENIKI TAXYDROMIKI

CONDITIONS FOR THE CARRIAGE OF DOCUMENTS AND SMALL PACKAGES BY GENIKI TAXYDROMIKI

In order to proceed with the carriage of small packages and documents through the shipping and handling system of GENIKI TAXYDROMIKI, the sender shall agree to the terms and clauses set out herein. No representative, agent or employee of GENIKI TAXYDROMIKI, hereinafter the Company, nor the sender shall have the right to amend or withdraw these terms and clauses, or part thereof. The carriage of small packages and documents through the shipping and handling system of GENIKI TAXYDROMIKI shall be governed by the terms and clauses set out herein. The sender shall declare that he/she is fully aware of these terms and accepts them unconditionally.

Article 1: The accompanying Express Waybill (SYDETA) is non-negotiable. It shall be completed by the sender or by GENIKI TAXYDROMIKI on his/her behalf. The sender shall declare and accept that he/she is the owner or holder or a representative of the owner or holder of the transported goods described in the form. The sender shall declare that he/she is aware of the conditions of carriage of GENIKI TAXYDROMIKI and accepts them.

Article 2: GENIKI TAXYDROMIKI shall have the right (complying with the restrictions imposed by the Hellenic Authority for Communication Security and Privacy – ADAE) to check the content of the parcel or envelope it accepts for carriage, but shall not be obliged to do so. Should the Company deem that an item is hazardous to public safety and health, it shall have the right to refuse to accept and handle the shipment further and to inform the competent authorities. GENIKI TAXYDROMIKI shall not undertake the carriage of the following items and documents: Money, Currency, Gold, Precious Metals and Stones, Antiquities, Works of Art, Lotteries, Stocks, Bonds, Perishable Foodstuffs, Personal Correspondence and any items in general whose movement is prohibited or restricted by the applicable law and by international conventions. In addition, GENIKI TAXYDROMIKI shall not accept for carriage any items that have not been properly packaged, as well as items for which the sender refuses to provide sufficient details about him/herself or the recipient information requested by GENIKI TAXYDROMIKI. At the time of receipt or at any time thereafter, GENIKI TAXYDROMIKI is entitled not to process the shipment, if there are indications that it contains prohibited items, if the recipient details are insufficient, or if the sender has not submitted a customs declaration when this is required by the applicable customs regulations.

Article 3: GENIKI TAXYDROMIKI makes every effort and takes all necessary actions to ensure fast delivery in accordance with its operating schedule. However, the Company shall in no event be liable for delayed collection, transport or delivery of any shipment or for any loss, impairment, direct or consequential damage or loss of profit, for irregular delivery or failure to deliver due to unforeseen causes or force majeure, including but not limited to: (a) unforeseen events beyond objective human control (accidents regardless of liability, adverse weather conditions, delay of transport, strikes, war or general or partial mobilisation, etc.); (b) act or omission or incorrect instructions of the sender or the recipient or a third party having an interest in the specific shipment; (c) the content of the shipment which can suffer specific damage, physical alteration or destruction. Moreover, GENIKI TAXYDROMIKI shall bear no liability whatsoever for any direct or consequential damage or loss of profit due to delayed delivery or non-delivery or damage or destruction of the postal item, where its type, nature and value have not been declared by the sender and have not been specified in the Express Waybill (SYDETA), or where the sender has not issued and has not delivered to the Company the tax and other supporting documents required by law, as well as in the cases set out in the Code of Conduct for the Provision of Postal Services, in Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013), and in the legislation in general. The indicative delivery times are listed on the Company’s website www.taxydromiki.com and in its current price list. Any compensation for delays shall in no case exceed the amounts payable by GENIKI TAXYDROMIKI for loss or destruction of uninsured shipments as set out in detail in Article 8 hereof.

Article 4: The sender warrants that: (a) any statement concerning information provided by the sender for the carriage of the shipment, expressly including any declaration on its content, is true and accurate; (b) the required elements, details and address of the recipient have been correctly indicated on the shipment submitted for processing; (c) the shipment submitted for processing has been packaged in a way that ensures safe handling; (d) any personal data provided by the sender to GENIKI TAXYDROMIKI are accurate and have been obtained in a lawful, transparent and objective manner, and the data subject has consented to the processing of these data and to their disclosure by transmission to the Company; (e) the sender permits the processing of such data for the purposes of this contract, the execution of which includes also the sending of information messages (sms/e-mail) concerning the handling of the shipment; (f) in the case of express shipments outside the EU (to third countries), the sender gives explicit consent to GENIKI TAXYDROMIKI to transmit data to countries outside the EU only for the purposes of execution of this contract, and warrants that he/she has obtained the explicit consent of the data subjects for the express shipment; (g) he/she shall pay all additional costs that may be incurred in the processing, return or storage of items and any incidental costs required because of the nature of the item.

Article 5: GENIKI TAXYDROMIKI is entitled to withhold or not to deliver any item being transported as collateral until the cost arising from the carriage (cargo fares, waybills, etc.) is paid.

Article 6: GENIKI TAXYDROMIKI undertakes shipments charged to the recipient. In case the recipient refuses to pay the fee for any reason, the payment due to GENIKI TAXYDROMIKI shall be made by the sender.

Article 7: GENIKI TAXYDROMIKI processes purchase orders, cash on delivery shipments and consignments even without written order (by phone, by electronic means, etc.). In such cases, the originator shall have the rights and obligations of the person listed as “sender” on the Express Waybill (SYDETA).

Article 8: In case of damage or loss of carried shipments, the liability of GENIKI TAXYDROMIKI shall be limited to the amount of EUR 70 for documents and EUR 400 for parcels depending on the actual value of their content. “Actual value of the content of a shipment” shall mean for documents: the cost of their reissue, replacement, reproduction or rewriting, and for items: the cost (net value without VAT) of their repair, replacement or purchase, which shall be proven by payment documents to be submitted by the beneficiary, taking into consideration the state of the item at the time of delivery. The commercial usefulness of the item or any special worth or value the content of the shipment may have for the beneficiary of the compensation, shall not be taken into account when calculating actual value. The sender or the service user in each case (recipient, originator, etc.) shall accept unconditionally the above maximum amounts of compensation, which include also any compensation for non-material damages, whereas any consequential loss of profit shall not be compensated in accordance with Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013). The sender declares that he/she waives any further claim against GENIKI TAXYDROMIKI for any direct or consequential damage or loss of profits due to any cause and in any case declares irrevocably that any debt arising from any cause shall be remitted. The above amounts shall apply per shipment and cannot be higher even if the potential risk has been brought to the attention of the Company in advance. GENIKI TAXYDROMIKI has no knowledge of the content of shipments and therefore, the sender shall acknowledge that, unless the shipment is insured, the value of its content shall be covered up to the maximum amounts indicated above, i.e. the liability for any excess in the value of the shipment shall be borne by him/her. In order for the aforementioned amounts to be paid to the beneficiary of the compensation, the liability of the Company must be proven and the beneficiary must follow the procedure set out in Article 13 hereof. The beneficiary of the compensation shall be the sender and in case he/she waives this right with a written notice to the Company, the recipient of the shipment. If the sender and the originator of the shipment are different persons, the beneficiary of any compensation to be approved shall be deemed to be initially the person listed as “sender” of the postal item in the Express Waybill and not the originator, and in case the sender waives his/her right in writing, then the recipient of the shipment. The maximum amounts of compensation shall also apply to shipments with a declared value in case they have not been insured according to the provisions below. In addition, depending on the value declared by the sender, each postal item transported in Greece may be insured optionally for loss, theft or destruction at the insurance company cooperating with GENIKI TAXYDROMIKI for an amount higher than the compensations specified above, at a charge of 0.6% of the value of the item payable by the user. In order to claim additional compensation for the content of the shipment that has been lost, stolen or destructed, the value of the content must have been declared, the shipment must have been insured for that value and the additional cost of the insurance premium must have been paid in due time. If the value of the shipment has not been declared and the corresponding additional cost of insurance has not been paid, no claim can be brought against the Company. It is expressly agreed that in case the user of the service (originator, sender or third party) insures the items carried by GENIKI TAXYDROMIKI at another insurance company of his/her choice, in addition to the one cooperating with the Company, the liability of GENIKI TAXYDROMIKI to any third party, including the chosen insurance company, shall in no case exceed the amount of EUR 70 for documents and EUR 400 for parcels. In case the postal item carried by GENIKI TAXYDROMIKI has been insured by the user of the Company’s services (originator, sender or third party) at an insurance company or under an insurance policy of his/her choice, the user shall declare and warrant before GENIKI TAXYDROMIKI that the insurance contract contains a clause stipulating that the insurance company is waiving its right of subrogation in respect of the Company (carrier) and that the user is liable before GENIKI TAXYDROMIKI for any damage that the latter may incur in case the aforementioned clause is not in the insurance policy of his/her choice.

Article 9: GENIKI TAXYDROMIKI assumes no liability for damages to any shipment and by any cause, unless all financial obligations to GENIKI TAXYDROMIKI, including any insurance premiums, have been paid in due time as provided for in the contract between the Company and the customer. GENIKI TAXYDROMIKI shall be entitled to set off any amount payable to the beneficiary of the compensation against any payments due by the beneficiary to the Company.

Article 10: The user of the service expressly declares that he/she is aware of and accepts the service charges specified in the Company’s price list that can be found on the Company’s website www.taxydromiki.com. The user also declares that he/she acknowledges and accepts that the charge for each shipment, as specified in the price list, depends on its volume and weight. If the measured volume of the shipment (LENGTH X WIDTH X HEIGHT in cm / 5,000) is greater than its measured weight, the user accepts that the shipment shall be charged based on volume, as stipulated also by the IATA regulations.

Article 11: Each shipment carried by GENIKI TAXYDROMIKI, which contains objects, must be accompanied by the legally required transportation documents.

Article 12: If a postal item could not be delivered to the recipient for any reason, the recipient shall be informed by written notice and a second or further attempts at delivery shall be scheduled in consultation with the recipient or the sender. If the delivery of the postal item to the recipient finally proves impossible for any reason, even in case of the recipient’s refusal to accept it, the sender shall be informed immediately and the shipment shall be returned to him/her with a charge corresponding to the cost of return, without prejudice of the Company’s right to claim any damages. Postal items that could not be delivered to the recipient or returned to the sender shall be considered ultimately undeliverable and shall be destroyed following the prescribed procedure.

Article 13: Any claim must be brought by the beneficiary and must be served in writing at the offices of GENIKI TAXYDROMIKI within six (6) months from the date the shipment has been undertaken by the Company. Any disputes may be resolved through amicable settlement or through the Dispute Resolution Commission (DRC) set up by GENIKI TAXYDROMIKI. Any dispute between the user and GENIKI TAXYDROMIKI shall be resolved by the courts of Athens. Any matters not provided for herein shall be governed by the provisions of the Charter of Obligations to the Consumer (COC), as published on the Company’s website www.taxydromiki.com. The user of the service declares that he/she is fully aware of and accepts the provisions of the Charter of Obligations to the Consumer (COC). For any information users can communicate with the Company’s offices that serve them or with the Company’s headquarters by phone at 2104851100 or in writing by fax at 2104812902, e-mail info@taxydromiki.gr, etc.

Article 14: If the sender makes use of the special system for issuing electronic express waybills, he/she shall declare that he/she is aware of and accept these terms. Where a special device connected to the electronic information system for processing and tracking shipments is used at delivery, the digital signature of the sender or recipient obtained on the special device shall be equivalent to a signature placed hereunder.

Article 15: The users of services provided by GENIKI TAXYDROMIKI SA, i.e. the sender and the recipient, declare that any personal data and the electronic signature submitted to GENIKI TAXYDROMIKI for the purposes of this contract are accurate and that they consent to their storage and processing by GENIKI TAXYDROMIKI in the aforementioned context.

Article 16:  GENIKI TAXYDROMIKI has adopted a Personal Data Protection Policy and a Policy for Safeguarding the Confidentiality of Communications. The full text of these policies, this contract and the Charter of Obligations to the Consumer of GENIKI TAXYDROMIKI, which govern the each express shipment processed by the Company, in their currently applicable form and any amendments thereto, are published on the homepage of the Company’s website www.taxydromiki.com.

 

7. LIMITATION OF LIABILITY

In case of proven liability and in the cases set out in Decision No 688/52/16.4.2013 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013) defining the cases in which a flat-rate compensation is imposed for negligent provision of postal services, as currently in force, and in particular:

1. for proven loss/total theft/total destruction of the content of an envelope with unique shipping number, the defaulting party shall pay a compensation ranging from a minimum of EUR 50 to a maximum of EUR 70 and shall refund the postal charge collected for the shipment;

2. for proven loss/total theft/total destruction of the content of a parcel with unique shipping number, the defaulting party shall pay a compensation ranging from a minimum of EUR 100 to a maximum of EUR 400 and shall refund the postal charge collected for the shipment;

3. for proven loss/total theft/total destruction of the content of an envelope or a parcel with declared value, or an insured envelope or parcel, the defaulting party shall pay a compensation equal to the declared value and shall refund the postal charge collected for the shipment;

4. for proven partial loss/partial theft/partial destruction of the content of an envelope with unique shipping number or a parcel, the defaulting party shall pay a compensation equal to the actual value of the loss or theft or destruction, provided that this value does not exceed the amount of compensation payable for loss or total theft or total destruction;

5. for proven partial loss/partial theft/partial destruction of the content of an envelope or a parcel with declared value, or an insured envelope or parcel, the defaulting party shall pay a compensation equal to the actual value of the loss or theft or destruction, provided that the amount does not exceed the declared value;

6. if an express postal item is returned and the reason for the failure to deliver it is unknown, the sender is entitled to a refund of the postal charges paid;

7. for proven delay in the delivery of postal items beyond the agreed time, the defaulting party shall pay a compensation equal to EUR 6 for each day of delay; in case the delay exceeds five times the agreed delivery time, the defaulting party shall also refund the postal charge collected for the shipment, provided that the total amount of compensation does not exceed EUR 100.

The aforementioned amounts also include any compensation for non-material damages, whereas any consequential loss of profit shall not be compensated.

A higher flat-rate amount of compensation may be agreed between the enterprise and the user of postal services.

In the case of multiple shipments, which involve many postal items sent to one recipient and fall within the cases referred to above, each postal item shall be treated differently and shall be compensated separately.

In case of damage or loss of carried shipments, the liability of GENIKI TAXYDROMIKI shall be limited to the amounts set out above and shall in no case exceed the maximum compensation limits.

All domestic and international shipments are automatically insured free of charge for the sender or the recipient up to the amount of EUR 70 for documents and up to the amount of EUR 400 for all other postal items. In addition, depending on the value declared by the sender, each postal item transported in Greece (to domestic destinations) may be insured optionally at the insurance company cooperating with GENIKI TAXYDROMIKI for an amount higher than EUR 400, at a charge of 0.6% of the declared value of the item payable by the user.

The above provision also applies to the content of a shipment, whose value was declared by the shipment but was not insured by the latter. A claim exceeding the above limits may be brought only for the content of the shipment, provided that its value has been declared, the shipment has been insured and this has been brought to the attention of the Company at the time of dispatch.

The sender shall accept unconditionally the above maximum amounts of compensation and shall declare that he/she waives any further claim against GENIKI TAXYDROMIKI for any direct or consequential damage or loss of profits due to any cause and in any case declares irrevocably that any debt arising from any cause shall be remitted.

In case of delayed delivery of the shipment (provided that the delay is not due to force majeure), the liability of the Company shall be limited to the maximum amounts specified above.

Compensation in the cases referred to above shall be paid to the sender, or in case he/she waives his/her rights, then to the recipient of the postal item.

Any claim must be brought by the beneficiary and must be served in writing at the head office of GENIKI TAXYDROMIKI or at the nearest office of its network within six (6) months from the date the shipment has been undertaken by the Company.

All items that have been destroyed, shall become property of the Company within 5 days from the date an agreement on the compensation has been reached; where the item has suffered partial destruction, the part for which compensation has been paid, shall come into possession of the Company.

The compensation shall be paid no later than 5 business days from the date of approval of the compensation.

 

8. CASES OF NON-LIABILITY/DISCHARGE OF THE COMPANY FROM LIABILITY

GENIKI TAXYDROMIKI makes every effort and takes all necessary actions to ensure fast delivery in accordance with its operating schedule. However, the Company shall in no event be liable for delayed collection, transport or delivery of any shipment or for any loss, impairment, direct or consequential damage or loss of profit, for irregular delivery or failure to deliver due to unforeseen causes or force majeure, including but not limited to: (a) unforeseen events beyond objective human control (accidents regardless of liability, adverse weather conditions, delay of transport, strikes, war or general or partial mobilisation, etc.); (b) act or omission or incorrect instructions of the sender or the recipient or a third party having an interest in the specific shipment; (c) the content of the shipment which can suffer specific damage, physical alteration or destruction. Moreover, GENIKI TAXYDROMIKI shall bear no liability whatsoever for any direct or consequential damage or loss of profit due to delayed delivery or non-delivery or damage or destruction of the postal item, where its type, nature and value have not been declared by the sender and have not been specified in the Express Waybill (SYDETA), or where the sender has not issued and has not delivered to the Company the tax and other supporting documents required by law.

GENIKI TAXYDROMIKI shall not be held liable in the cases specified in the law and in the individual contract, when the postal item has been delivered to the recipient, when the type, nature and value of the postal item has not been declared by the sender, when the postal item contradicts or infringes the provisions of the applicable legislation, or when it contains perishable items, regardless of whether the Company has been informed about this or not. Moreover, the Company shall not be held liable in case the sender fails to package the shipment properly; the suitability of the packaging shall be guaranteed by the sender at the time of dispatch and the Express Waybill (SYDETA) issued for the shipment shall serve as proof of provision of such guarantee.

Any liability of the Company shall cease upon delivery of the shipment to the recipient.

In addition, GENIKI TAXYDROMIKI shall not be held liable in the following cases:

• Force majeure, as defined by the applicable law, including in particular extraordinary events that are not due to acts or omissions of the Company or its associates or agents and their consequences affect adversely the Company’s operation. During any event covered by this provision, the postal service provider shall take all necessary measures to comply with the terms hereof to the greatest extent possible.

• Proven criminal acts on the premises or the means of transport used by the Company, which result in the loss, damage or destruction of postal items in the context of the preceding provisions.

• Non-fulfillment of contractual obligations on the part of users.

• Actions or acts that are contrary to the laws of the State.

• Failure of the Company to fulfil its obligations due to the customer’s fault or wish.

• Request proven to be unfounded.

• Proven fault of the customer or a third party.

Furthermore, GENIKI TAXYDROMIKI shall not be held liable for total or partial destruction in the cases referred to in Article 2 of Decision No 688/52 of the Hellenic Telecommunications and Post Commission (EETT) (Government Gazette, Series II, No 1412/10.6.2013), namely:

• Emergency situations which the Company could not have foreseen or avoided. In this case the postal charge paid shall be refunded.

• Proven criminal acts on the premises or the means of transport used by the Company, which result in the loss, damage or destruction of postal items. In such cases the postal charge paid shall be refunded.

• Due to the highly perishable content of the postal item or parcel, in particular foods with expiration date and medicines.

• Proven negligence of the sender, including in particular unsuitable packaging, incorrect description of the item and insufficient or inaccurate details of the recipient.

• Shipments the content of which is subject to a movement prohibition or cannot be held in the possession of the sender and/or the recipient.

• Shipments the content of which is confiscated or destroyed by the competent authorities.

• Postal items not collected by the recipient for a period exceeding 6 months.

• Items, which have been accepted by the recipient and no reservations have been expressed within three (3) business days.

The above limitation of compensation to a flat-rate payment shall cover any user claims arising from the provision of postal services, either by contract or by tort/delict, and shall not apply in case the violation of the contractual obligation or the tort/delict is attributable to malicious intent on the part of the Company or of persons acting on its behalf. The Company shall be discharged from any liability related to the negligent provision of postal services, if the user has not brought a claim within six (6) months from conclusion of the contract for postal services.

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9. CUSTOMERS SERVICE

Users may transact with the Company at its head office every business day, between 8:00 am and 8 pm. Users may transact with the other offices of the Company in Greece according to the working hours of each office. Any requests or complaints shall be submitted by users at the office with which they have transacted and shall be examined by that office; requests or complaints may also be submitted to the head office of GENIKI TAXYDROMIKI, in which case users must contact the call center of the Company’s headquarters; they may also be submitted in writing, with a letter sent within 6 months from the dispatch of the shipment, by email, by post or by fax at the contact details of GENIKI TAXYDROMIKI provided on its website (www.taxydromiki.com). Depending on the nature of the complaint, the Company shall be obliged to respond to the user promptly and in any event not later than twenty (20) business days of receiving the complaint. GENIKI TAXYDROMIKI makes every effort and takes all possible measures to ensure that its offices are accessible to people with disabilities and the best possible service is provided to them with all means. The employees of GENIKI TAXYDROMIKI and its network of offices are obliged to comply with requirements of the Code of Conduct (Decision No 687/328/5.4.2013 of the Hellenic Telecommunications and Post Commission (EETT) – Government Gazette, Series II, No 1874/31.7.2013).

 

10. DISPUTE RESOLUTION

10.1. Amicable Settlement

Any disputes that may arise between users and GENIKI TAXYDROMIKI, may be resolved in the first instance through amicable settlement: Written communication between the user and the Company aimed at achieving settlement of the dispute between the two parties within the provisions of this Charter (COC) or/and by agreement of the parties.

10.2. Dispute Resolution Commission

Any disputes that may arise be users and GENIKI TAXYDROMIKI, may be resolved in the next instance by the Dispute Resolution Commission. The Commission shall consist of three (3) members of the Company’s staff and one (1) representative of the users, and shall function as defined in the applicable legislation.

Upon a written request by the user, the Company shall establish a Dispute Resolution Commission, which shall be composed of members of the Company’s staff and a representative of the consumers; the user may attend the meetings, either in person or by a specifically authorised representative.

The Company shall inform the user about the place and time of the Commission meetings and about his/her right to submit a written statement, if unable to attend.

Efforts shall be made to resolve the dispute within twenty (20) business days from the submission of the request or within forty (40) business days, if additional details are required.

Postal service users may exercise their rights, if they wish, within a period of 6 months from the dispatch of the postal item.

 

11. OTHER PROVISIONS

As a postal service provider, GENIKI TAXYDROMIKI complies with the applicable provisions of the Regulations on General and Special Licences for the Provision of Postal Services, of Law 4053/2012, and of any other act, which amends, complements or replaces them in respect of the provision of postal services, as well as with other terms that the Minister for Development, Competitiveness, Infrastructure, Transport and Networks, the Hellenic Telecommunications and Post Commission (EETT) or another public authority may impose from time to time, according to the applicable provisions, in particular those concerning compliance with the basic obligations under Article 13 of Law 4053/2012.               

¹ SYDETA Accompanying Express Waybill

² ESPETA Special System for Tracking and Tracing Postal Items