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FAN TRANSPORTATION SRL: GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF POSTAL SERVICES

The rules regarding the provision of postal services, hereinafter referred to as the “Rules,” are developed by FAN TRANSPORTATION SRL, IDNO 1021600025816, in accordance with the Law on Postal Communications No. 36 of March 17, 2016, Government Decision No. 1457 of 30-12-2016 on the approval of the Rules regarding the provision of postal services (GD 1457/2016); the Universal Postal Union Convention, the Convention for the Unification of Certain Rules Relating to International Air Transport, signed in Montreal on May 28, 1929, the Convention on the Contract for the International Carriage of Goods by Road, signed in Geneva on May 19, 1956, and other international treaties to which the Republic of Moldova is a party.

 

I. INTRODUCTION

1.1. These Rules regulate the relationship between FAN TRANSPORTATION SRL, which provides postal services (hereinafter referred to as the postal services provider/FAN/FAN COURIER), and the beneficiaries of these services (hereinafter referred to as users), including their rights and obligations, and establish the manner of providing postal services.

1.2. For the purposes of these Rules, the following terms are defined:

  • Postal address – the indication on postal items that includes the set of data regarding the name of the person or institution, street, block, apartment number, or P.O. box, postal code, town, and country;
  • Postal code – a code represented by a certain number of digits or letters corresponding to each locality, necessary for facilitating mail sorting and creating the possibility of automating this operation. The postal code serves for guiding and/or distributing postal items;
  • Postal parcel – goods, with or without commercial value, sent through postal networks;
  • Personal data – any information relating to an identified or identifiable natural person (personal data subject);
  • Recipient – a natural or legal person to whom a postal item is addressed;
  • Document – a postal item such as letters, postal parcels, or EMS shipments consisting of any medium of written, drawn, printed, or digital information, except for goods;
  • EMS (Express Mail Service) – an express postal service for documents and goods, which is, as much as possible, the fastest among physical postal services;
  • Sender – a natural or legal person who introduces the postal item into the postal network either personally or through a third party;
  • Consignment note (AWB) – a postal document accompanying express postal shipments;
  • Fragile – a label applied to postal items that requires special attention during processing, transportation, and storage;
  • Postal parcel delivery service provider – a natural or legal person, registered as an entrepreneur, who provides one or more services for delivering postal parcels;
  • Postal services provider – a natural or legal person, registered as an entrepreneur, who provides one or more postal services, as well as other related services.
  • Warehouse storage – a fee charged by postal service providers for mail not collected by the recipient within the period specified by these rules.
  • Postal transfer – a postal service that involves filling out a physical form based on which, as instructed by the sender, money is transferred and delivered to the recipient. It can be transferred in paper form through the postal network or in electronic form through an electronic network.
  • Goods – a mail item containing a physical object other than money, including goods that do not fall under the definition of “document.”
  • Small package – a postal item containing various items or samples of goods, including goods.
  • Postal envelope – a flat rectangular object made of paper or similar material, with an adhesive or non-adhesive closure on one side, intended for sealing.
  • Processing of personal data – any operation or series of operations performed on personal data using automated or non-automated means, such as collection, recording, organization, storage, recovery, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise, combination or alignment, blocking, deletion or destruction.
  • Postal network – a system of organization and resources of any type used by FAN, especially for:
    • Collection of mail items at access points;
    • Sorting at the sorting center and transportation of mail items; o Delivery of mail items to specified addresses.
  • Postal parcel delivery services – services involving the collection, sorting, transportation, and delivery of postal parcels.
  • Postal services – services intended for the public, including the collection, packaging (if necessary), sorting, transportation, and delivery of mail items or their transfer to recipients.
  • Subcontractor – a natural or legal person registered as an entrepreneur, providing collection, sorting, transportation, or delivery of postal parcels for a postal parcel delivery service provider.
  • Letter – a postal item sealed in an envelope through which specific messages are transmitted.
  • Information system for providing electronic postal services, Courier Manager – a set of interconnected resources and information technologies, methods, and personnel owned by FAN COURIER, designed for interaction between FAN COURIER, senders, users, and recipients in the provision of postal services.
  • Regulatory delivery time – the established time for sending mail items from the place of submission to the destination, including the performance of operations for their processing.
  • Undelivered item – a mail item that was not delivered (transferred) to the recipient for various reasons and, in the absence of the sender’s address, was not returned to the sender.
  • Unclaimed item – a mail item that was not delivered (transferred) to the recipient due to their untimely demand or refusal to receive.
  • User – a natural or legal person who uses postal services as a sender or recipient.

 

II. GENERAL CONDITIONS

2.1. FAN TRANSPORTATION S.R.L. (hereinafter referred to as FAN/FAN Courier/FAN TRANSPORTATION) offers and provides postal services included in the universal service area and not included in the universal service area, covering domestic and international postal shipments, under the following conditions:

2.2. FAN Courier accepts only postal shipments properly packaged and labeled by the sender, according to the type of goods being shipped. The external wrapping must be opaque – preventing the contents from being visible – and it must bear the complete identification data of the recipient (name and surname, or company name for legal persons, complete delivery address, telephone number) and optionally the sender’s details, except in the case of cash-on-delivery services, in which case the sender’s details are mandatory.

2.3. By handing over the shipment to the FAN Courier agent/staff, the sender agrees to the terms and conditions of FAN Courier, outlined in the provider’s commercial offer, regardless of whether they sign the transport document (AWB) or not. The sender is responsible for the accuracy of the data written on the postal item, as well as for its proper packaging and labeling.

2.4. Postal shipments that are subject to the postal services provided by FAN Courier are accompanied by the necessary forms and consignment notes (AWB). The procedure for completing postal shipments (writing the address, indicating additional remarks), forms, and consignment notes is established by FAN Courier.

2.5. The sender is responsible for the correctness of the data written on the postal item, as well as for its proper packaging and labeling, in accordance with FAN Courier’s instructions.

2.6. When submitting an international postal item, whose contents are subject to customs control, the sender must fill in a customs declaration, in which they describe, at their own responsibility, the contents of the shipment in detail. Any fraudulent declaration of a value higher than the actual value of the contents of a shipment is punishable in accordance with applicable law.

 

III. CONDITIONS FOR ACCEPTING PARCELS

3.1. Size and weight conditions:

  • Envelopes: 210mm x 297mm (A4 format), maximum weight 1kg
  • Parcels: 60cm x 50cm x 30cm, maximum weight 30kg

3.2. Packaging conditions:

To be accepted in the FAN Courier shipping network, envelopes and parcels must meet the conditions outlined in the Packaging Guide presented on the website www.fancourier.md, including the following important packaging conditions:

  • They must be sealed by the sender in an intact and opaque package, preventing the contents from being visible, and corresponding to the weight, shape, and nature of the contents, as well as the method and duration of transport;
  • The packaging must protect the contents in such a way that they are not damaged by pressure or successive handling. The packaging may, if necessary, consist of cardboard boxes, plywood, wood, plastic, metal, non-standard packaging materials;
  • The packaging must comply with the packaging instructions listed below (or those specified in the service contract), such as:

 

Product category Product type Proper packaging
Brittle goods Glassware Wooden packaging filled with polystyrene or other protective material
Windshields / Windows Wooden packaging filled with polystyrene or other protective material
Bottles / Liquids bottled in glass Special compartmentalized wooden packaging, filled with polystyrene or other protective material
Paintings / Engravings Wooden packaging filled with polystyrene or other protective material
Fragile goods Auto parts Pressed cardboard packaging, filled with polystyrene or other protective material
Home appliances Pressed cardboard packaging, filled with polystyrene or other protective material
Floppy disks / Tapes / CDs Cardboard or plastic packaging
Furniture / Furniture parts / Musical instruments Pressed cardboard packaging filled with polystyrene and sealed with protective foil

 

3.3. Shipments containing fragile goods must be properly packaged by the sender, using filler materials such as bubble wrap, shock-absorbing polystyrene, or other materials that cushion mechanical shocks, and must bear the label “FRAGILE”. FAN Courier undertakes to acknowledge and respect the markings/labels applied by the sender and to pay special attention when handling and storing such shipments.

3.4. All shipments must be sealed.

3.5. FAN Courier is not responsible for any total or partial losses, damages, or damages caused to persons, the environment, equipment used, or other goods caused by hidden packaging defects by the sender.

3.6. Shipments must not contain:

  • Goods that, by their nature or the way they are packaged, could cause damage to persons, the environment, equipment used, or other goods;
  • Packaging that bears inscriptions that contradict public order or good morals, as well as goods that contradict public order or good morals if submitted unwrapped or in transparent packaging;
  • Goods whose transport is prohibited by legal provisions, even if only for part of the route: weapons, ammunition, drugs, explosive/toxic/flammable materials;
  • Goods for which special transport conditions are established by administrative, economic, sanitary, veterinary, phytosanitary legal provisions: works of art, antiquities, gold, silver, precious stones, perishable products, live animals, etc.

3.7. FAN Courier refuses to accept envelopes and parcels containing the goods described above, as well as those envelopes and parcels that do not comply with FAN Courier’s packaging conditions.

3.8. Deviations from the stated conditions, including the maximum accepted limits, can only be made through commercial contracts concluded in writing between the sender/integrator and FAN Courier or between the recipient and FAN Courier, based on individually negotiated offers (in addition to the public offer).

3.9. FAN Courier provides the Cash on Delivery (COD) service, which involves the recipient paying the sender the value of the goods being shipped through FAN Courier’s network. These shipments are accepted only under the condition that the sender has accurately and completely indicated all their identification details, and the sender has a commercial contract with FAN Courier.

3.10. The payment of money to the sender for the COD service for domestic shipments is made exclusively to a designated bank account, with no COD limit imposed.

3.11. COD postal items are delivered to recipients after the full COD amount is paid to FAN Courier. Until the COD amount is paid, the recipient has the right to request information regarding the sender of the shipment.

3.12. Once the COD postal item has been delivered to the recipient, it cannot be returned, and the COD amount is non-refundable.

3.13. The period for returning the value of domestic shipments to the sender (the amounts collected from the recipient) is between 24-48 hours (calculated for business days) from the moment of delivery.

3.14. The sender can obtain delivery confirmation of the envelope/parcel by accessing their personal account on the Courier Manager platform.

3.15. Delivery is made to the address indicated by the sender, personally to the recipient or an authorized person, or at a FAN Courier service point, personally to the recipient or an authorized person, after sending a prior notification announcing the arrival of the shipment or to an automatic delivery system.

3.16. The identification documents for releasing postal items to recipients are the following:

  • identity card;
  • passport;
  • residence permit;
  • travel document issued to persons granted refugee status or humanitarianprotection;
  • driver’s license.

3.17. Withdrawal, modification, or correction of the address, redirection, and return of registered postal items can be done at the request of the sender.

3.18. Withdrawal, modification, or correction of the address, redirection, and return of registered postal items, based on submitted requests, are done for a fee, in accordance with the current tariffs applied by FAN Courier.

3.19. Pickup of the shipment is performed by FAN Courier couriers:

  • on the same day – at the address indicated by the sender;
  • next day – from FAN Courier service points, including mobile points.

3.20. When accepting the shipment, it will be weighed, measured, and the weight takeninto account will be the greater of the physical weight and the volumetric weight.3.21. The formula for calculating the volumetric weight is length x width x height (in cm).3.22. At the FAN Courier sorting facility, items will be sorted and weighed on the sorting belt, and any discrepancies found may be recalculated in accordance with the contractual clauses.3.23. Each FAN Courier access point and service personnel responsible for collecting shipments from the sender’s address are equipped with appropriate measuring instruments (calibrated and certified weighing scales).3.24. FAN Courier, throughout the entire time the shipment is in their possession, will not use methods of handling shipments that, through the activity of their employees or external factors, could alter or damage the shipment or its contents.

3.25. FAN Courier does not provide services for opening the shipment upon delivery, does not open shipments submitted in sealed condition, and will not use handling methods that would allow any person to become aware of the contents of the shipment.

3.26. FAN Courier offers two (2) delivery attempts and will return the shipment to the sender’s address, applying a return fee equal to the original service fee, according to the tariffs indicated in the commercial offer, within a period that will not exceed the delivery time for the respective shipment, if it could not be delivered to the recipient for the following reasons:

  • the recipient’s address does not exist or at that address, there is no building where the shipment can be delivered or no available service for receiving the postal item;
  • the recipient/authorized person was not found at the indicated address, and theretention period at the serviced contact point has expired;
  • the recipient or the authorized person refused to accept the shipment or to providewritten confirmation of receipt, as required by law, in the case of the confirmationof receipt service or payment for the goods subject to the Cash on Delivery service;
  • postal items that could not be delivered to recipients are returned upon the expiration of the agreed retention periods with each sender, and/or at the sender’srequest.

3.27. If the sender refuses to accept the returned shipment, it will be stored at the FAN Courier warehouse in Chisinau for 6 (six) months. If during this time the sender or recipient does not claim the shipment, it will be destroyed in accordance with applicable law. Postal items are stored by FAN Courier, awaiting the recipient, for 15 calendar days for domestic postal items and 30 calendar days for international postal items, starting from the day after their arrival at the FAN Courier office.

3.28. FAN Courier guarantees the delivery of any domestic shipment in good condition and complete confidentiality anywhere in the territory of the Republic of Moldova within a maximum of 10 business days, but no more than 30 (thirty) business days. Delivery times do not include official holidays, cases of force majeure, or exceptional circumstances as provided by section 4.3 of the Conditions.

3.29. For international shipments, the delivery period begins from the moment the shipment is received from the sender (for shipments sent abroad) or from the moment it enters the provider’s network (for shipments delivered from abroad), but it cannot exceed 60 calendar days. The delivery period may be extended depending on necessary procedures, including those related to receipt, handling, sorting, customs clearance, etc.

 

IV. OBLIGATIONS OF FAN COURIER

4.1. To collect orders within the individually agreed timeframe with senders;

4.2. To store and load parcels into transport vehicles, securing them against damage through fastening, anchoring, etc., according to the nature of each item, as well as ensuring their security;

4.3. To quickly deliver parcels domestically and in Chisinau (domestic shipments) within a maximum of 10 business days, but no more than 30 (thirty) business days from the date of receipt of the parcels, in the “door-to-door” system, with the following exceptions:

  • unfavorable weather conditions beyond FAN Courier’s control (fog, blizzards, snowstorms, heavy rains, floods, yellow/orange/red weather warnings, ice, closed/impassable roads, etc.);
  • a large volume of orders during special circumstances or busy periods (Christmas, Black Friday, Easter, March 1-8, or other special situations);
  • the AWB was not generated from the Courier Manager application or from the sender’s own application integrated with the Courier Manager system;
  • an incorrect weight was filled in on the AWB, in which case the shipment will be reweighed, and the correct weight will be recalculated, which may lead to delivery delays.

4.4. The sender’s agreement to FAN Courier collecting the order under the aforementioned conditions constitutes acceptance of the risk of non-performance of services within the average timeframe, and in this context, it is considered that FAN Courier has fulfilled its obligation to inform the sender regarding the risk that:

  • the service may not achieve the expected or intended result of the sender/user;
  • it may affect other interests of the sender/user;
  • it could become more expensive or take longer than the sender/user reasonably expected.

4.5. To accept parcels and envelopes for service only if they have transport documents (AWBs) issued by the sender via the Courier Manager application, or from the sender’s own application integrated with FAN Courier’s system;

4.6. To inform the sender that shipments with incorrect addresses or refused by the recipient (e.g., refusal to pay for transport, refusal of COD, etc.) are stored for redirection for a maximum of 5 (five) working days, except for shipments with the status “refused receipt,” when the return will be made immediately, with the note that the return fee will be paid by the original sender;

4.7. If the shipment shows external signs of damage at the destination, FAN Courier’s representative is obliged to assist during the receipt of the goods and, if necessary, prepare a report of findings.

 

V. FAN COURIER RIGHTS

5.1. If the shipment shows no external signs of damage at the destination, FAN Courier’s representative will hand over the shipment;

5.2. FAN Courier is not responsible for any missing items inside the shipments if the goods were delivered in the same condition as when they were picked up;

5.3. FAN Courier reserves the right not to deliver the shipment if the recipient refuses to present valid identification;

5.4. In the case of the “Return” and/or “Refund” service, FAN Courier is not responsible for the content of the returned shipment;

5.5. To confirm the identity of the recipient, FAN Courier may request the presentation of valid identification;

5.6. FAN Courier is exempt from responsibility if the shipment was received without objections from the recipient;

5.7. Other rights provided by applicable legislation;

5.8. FAN Courier, as a postal parcel delivery service provider, has the right to conclude contracts with third parties for the performance of parcel collection, sorting, transportation, or delivery operations. These operations are carried out on behalf of and for FAN Courier, based on a written contract concluded with them.

5.9. FAN Courier, in the case of providing postal parcel delivery services through any subcontractor performing collection, sorting, transportation, or delivery operations on behalf of FAN Courier, is responsible to the users for the provision of the postal service in question.

 

VI. USER RIGHTS AND OBLIGATIONS REGARDING POSTAL SERVICES

6.1. Any postal item belongs to the sender until it has been delivered to the recipient, except in cases where the item has been retained or destroyed in accordance with the legislation of the country of origin, destination, or transit.

6.2. The sender of a postal item has the right, based on a written request, against a fee, and upon providing proof of payment for the postal item and a copy of the identification document specified in section 3.15, to give the following instructions:

  1. withdraw the postal item;
  2. redirect the postal item or assign the postal money order payment to anotherperson and to another address, or request delivery to the same recipient but at adifferent address;
  3. extend the storage period of the postal item at the destination postal unit inaccordance with section 3.27;
  4. authorize the postal service provider to collect the COD amount for declared valueitems that were submitted without the “COD” indication;
  5. cancel or modify the COD amount.

6.3. The recipient of the postal item has the right, based on a written request and against a fee, to give the following instructions:

  1. extend the storage period of postal items that have arrived at their address, in accordance with section 3.27;
  2. request the delivery or forwarding of postal items arriving at their address to another address or to another recipient within three months from the date of submitting the request.

6.4. The recipient has the right to refuse to accept the postal item delivered to their address.

 

VII. FAN COURIER LIABILITY

7.1. For non-performance or improper performance of obligations regarding the provision of services, FAN Courier bears material responsibility towards users of postal services in accordance with current legislation.

7.2. FAN Courier is responsible for domestic postal items in accordance with the provisions of the Law on Postal Communications No. 36 of March 17, 2016, Government Decision No. 1457 of December 30, 2016, for the approval of the Rules on the provision of postal services (GD 1457/2016).

7.3. FAN Courier is responsible for international postal items in accordance with the provisions of international treaties to which the Republic of Moldova is a party, including the obligations arising from the Convention for the Unification of Certain Rules Relating to International Air Transport, signed in Montreal on May 28, 1999, the Convention on the Contract for the International Carriage of Goods by Road, signed in Geneva on May 19, 1956, and the Law on Postal Communications.

7.4. FAN Courier, as a postal service provider, is not responsible in the following cases:

  • where it cannot provide information about postal items due to the destruction of service documents as a result of a force majeure event;
  • where the damage was caused by the error or negligence of the sender or resulted from the nature of the contents of the shipment;
  • where postal items containing prohibited goods were seized or destroyed;
  • where the postal item is retained under the legislation of the destination country,as notified by the postal administration of that country;
  • where there is a fraudulent declaration of a value higher than the actual value ofthe contents of declared value shipments;
  • where non-delivery or delayed delivery of postal items occurs due to therecipient’s fault, such as the recipient not showing up at the FAN Courier officefollowing notification;
  • where the sender has not filed a claim within six months from the day followingthe submission of the postal item at the postal unit.

7.5. FAN Courier, as a postal service provider, does not assume any responsibility regarding customs declarations, regardless of their form, nor for the decisions made by customs services concerning the verification of shipments subject to customs control.

 

VIII. COMPLAINT HANDLING MECHANISM FOR USERS

8.1. FAN Courier has established a simple, transparent, and accessible mechanism for handling complaints, particularly in cases of theft, loss, partial or total destruction, or damage to postal items, as well as for non-compliance with service quality standards (delivery times, returns, etc.). The procedures ensure fair and prompt resolution of complaints and provide an appropriate system for refunds or compensation.8.2. The period for submitting a preliminary complaint to FAN Courier as the postal service provider is 30 days, calculated from the date of submitting the postal item. For postal services provided by FAN Courier based on individual contracts, the complaint submission period is determined by the contract between FAN Courier and the user, but it cannot be less than 30 days, calculated from the date of submitting the postal item.

8.3. FAN Courier, as a postal service provider, examines and responds to users’ complaints as quickly as possible, not exceeding 30 days from the date of the complaint for domestic postal items, and for international postal items, the period stipulated by the international treaties to which the Republic of Moldova is a party.

8.4. The sender or recipient dissatisfied with the services offered (non-provision of the service or improper provision of the postal service) can file a written complaint by personally submitting it at any of the FAN Courier locations, by email at customer@fancourier.md , by calling 14455, or by sending it by registered mail with receipt confirmation to the address: 75 Industrial Street, Chisinau, to the attention of the Customer Relations Department.

8.5. To resolve the complaint, the user must describe in detail the event related to the complaint, formulate their claims, specify the preferred method of payment in the case of compensation, and provide necessary contact details. The user must also attach relevant evidence (e.g., a copy of the AWB, proof of payment for the postal service, a copy of the invoice issued by the provider, photographs, packaging of the postal item, or the damaged/destroyed item) and any other useful information for the investigation of the complaint.

8.6. Each complaint is analyzed and resolved on an individual basis for each postal item.

8.7. The Customer Relations Department registers each complaint and confirms receipt of the complaint to the claimant depending on the method it was received: by issuing/handing a registration number in the case of personal submissions, by phone (SMS), by email (if the user has provided an email address or requested it), or by issuing and signing a confirmation of receipt in the case of complaints sent by registered mail. If there is a specific request from the claimant regarding the method of confirming the complaint, their request will be honored.

8.8. Each complaint is recorded in the “Electronic Complaints Register,” and the sender will be compensated according to the type of service chosen, with or without a declared value, in accordance with the provisions of the Law on Postal Communications No. 36 of 17.03.2016. The time limit for submitting the complaint and the time frame for resolving it are established by the contract between FAN Courier and the user, and in any case, the complaint submission period is 30 days, calculated from the date of submitting the postal item. The resolution period for the complaint will not exceed 30 days from the date of submission.

8.9. If the complaint is justified, compensation is provided either in cash at the nearest FAN Courier location, via postal money order, or via bank transfer if the sender is an individual. If the sender is a legal entity, compensation will be provided through bank transfer or by set-off. The complaint is considered justified if, according to legal provisions and the provisions of this document, FAN Courier is required to provide compensation.

8.10. In cases where the postal service is provided by multiple providers, the provider who delivered the postal item is responsible for forwarding any received complaints to the provider who took over the respective postal item for resolution.

8.11. FAN TRANSPORTATION S.R.L. is liable for loss, theft, or total destruction of domestic postal items as follows:

  • The entire declared value for a postal item that is the subject of a declared value service, regardless of whether the item is also subject to a COD service;
  • The COD value for a postal item that is subject to a COD service without a declared value;
  • An amount equal to five times the service tariff for postal items that are not subject to a declared value service or COD service.

8.12. In the case of loss, theft, or total destruction, in addition to the above-mentioned compensation, the tariffs charged at the time of submission of the postal item are also refunded.

8.13. FAN TRANSPORTATION S.R.L. is liable for domestic postal items in the event of partial loss, partial destruction, or damage as follows:

  • With the declared value for the missing, destroyed, or damaged part or with the proportionate part corresponding to the missing weight from the declared value for postal items subject to a declared value service;
  • An amount equal to five times the service tariff for partial loss, partial destruction, or damage of postal items not subject to a declared value service.

8.14. In the case of a postal item subject to COD, FAN TRANSPORTATION S.R.L. is liable for the entire COD amount if the full amount has not been returned to the sender, or for the corresponding difference if the COD amount was only partially collected from the recipient.

8.15. If the sender declared a lower value than the actual value, compensation is provided at the declared value. In cases where additional services, which are special features of postal services, as indicated by the sender, have not been provided, only the additional tariffs paid above the standard postal service tariff are refunded.

8.16. Interest is added to the above amounts, calculated from the moment the preliminary complaint is filed or, if applicable, from the moment the lawsuit is initiated, whichever occurs first.

8.17. Complete loss of contents is equivalent to the loss of the postal item.

8.18. If the complaint addressed to the postal service provider FAN TRANSPORTATION S.R.L. is not resolved satisfactorily or there is no response within the period specified in these General Terms and Conditions for the provision of postal services, the user may submit a complaint to the regulatory authority within one year from the date of submitting the postal item, provided they have fulfilled the preliminary complaint procedure. Alternatively, the user may file a lawsuit. The lawsuit can be filed regardless of whether a complaint with the same subject has been submitted to the regulatory authority.

8.19. FAN Courier is exempt from liability in the following cases:

  • The damage was caused by the sender or recipient;
  • The user does not have a designated service for receiving postal items (e.g., aregistration office);
  • The postal item was received without objections from the recipient, except forclaims related to loss, theft, damage, or total or partial destruction of the postalitem’s contents;
  • The damage was caused by a force majeure event or fortuitous event; in this case,the sender is entitled to a refund of the tariffs paid, except for the insurancepremium;
  • Claims regarding the quality of the content, which must be addressed to thesender.

 

IX. PERSONAL DATA PROCESSING POLICY

9.1. FAN Courier acknowledges the importance of personal data and is committed to protecting its confidentiality and security.

9.2. According to the provisions of Law No. 133 of 07.07.2011 on the protection of personal data, “FAN TRANSPORTATION” SRL processes, under secure conditions and exclusively for the specified purposes, the personal data provided in the context of visiting the website and purchasing services from “FAN TRANSPORTATION” SRL under the “FAN Courier” brand.

9.3. The purposes for which we collect and process personal data are:

  • Administration, improvement, and provision of services on the www.fancourier.md website;
  • Commercial activities related to the sale of services, including the realization, administration, and development of sales of services on the www.fancourier.md website, customer account management, market research/studies, and statistics;
  • Advertising, marketing, and promotion of FAN Courier services, conducting promotional campaigns, sending newsletters, monitoring and analyzing the sales of services and consumer behavior;
  • Post-sale activities, including customer support, informing users/customers about service evaluation (including service evaluation on the www.fancourier.md website), improving the quality of repair and maintenance services for products marketed through the Call Center; performing service interventions, product replacements;
  • As evidence in connection with the above-mentioned activities and for archiving purposes.

9.4. Any individual may exercise the following rights:

  • To be informed about the processing of personal data;
  • To have access to personal data;
  • To rectify personal data;
  • To have personal data deleted (“the right to be forgotten”);
  • To restrict processing;
  • To exercise the right to data portability;
  • To object to the processing of personal data and request the rectification,updating, or deletion of data under the conditions of the applicable legislation. For personal data processed for direct marketing purposes, this right may be exercised at any time, free of charge, and without justification;
  • To not be subject to an automatic individual decision, including profiling;
  • To file a complaint with the supervisory authority – the National Center forPersonal Data Protection (www.datepersonale.md);
  • To take legal action if they believe that there has been a violation of personal datalegislation.

9.5. These rights can be exercised by sending an email to “FAN TRANSPORTATION” SRL by accessing the form at the email address customer@fancourier.md or by sending a letter to the postal address: Industrial Street 75, Chisinau, Moldova.9.6. For data provided via the Call Center service, the duration of data processing is generally 3 years or until the right to object is exercised. Additionally, FAN Courier may store personal data for a longer period for evidentiary and archiving purposes.

 

X. USE OF COOKIES ON THE FANCOURIER.MD WEBSITE

10.1. FAN Courier processes only session and fixed cookies. Session cookies are temporary files that remain on the user’s terminal until the session is closed or the application (browser) is closed. Cookies do not request and are not combined with additional information that could reasonably identify visitors. After the internet session ends, the cookies are automatically deleted.

10.2. The use of cookies and other similar tracking technologies serves – depending on the category of the cookie or other similar technologies – the following purposes:

  • Technically necessary: cookies and similar technologies without which you would not be able to use FAN Courier services;
  • Preferences: the actual or assumed preferences of the postal service user. Users have the option to delete cookies to prevent the analysis of their preferences;
  • Statistics: generating anonymous statistics on the use of FAN Courier services to tailor them to needs;
  • Marketing: displaying relevant advertising content based on the user’s browsing behavior. Users of the platform have the option to delete cookies they have accepted or that have been installed on their devices.

10.3. More information regarding the use of cookies is available on the web page https://www.fancourier.md/politica-cookie/.

10.4. The legal basis for using preference, statistics, and marketing cookies and similar technologies is the user’s consent, provided under Article 5 (1) of Law No. 133/2011 on the protection of personal data.

10.5. The legal basis for using technically necessary cookies and similar technologies is Article 5 (5) (a) of Law No. 133/2011 on the protection of personal data, meaning the processing of user data to provide FAN Courier services during the initiation or performance of the contract.

 

XI. FINAL PROVISIONS

11.1. These rules and the provision of services by FAN Courier are governed by the laws of the Republic of Moldova, including the Law on Postal Communications No. 36 of March 17, 2016, Government Decision No. 1457 of December 30, 2016, on the approval of the Rules for the provision of postal services (GD 1457/2016).

11.2. The display of these general conditions by FAN Courier presumes that the customer/user has read and understood them. It is considered that the customer/user/sender/recipient who has acquired services from FAN Courier has acknowledged the content of these conditions and can no longer claim lack of awareness or lack of information.

11.3. Unless otherwise agreed, the information and any computer programs, software necessary for the provision of FAN Courier services, and used on the website https://www.fancourier.md as well as copyright and economic rights to them, as intellectual property, belong to FAN Courier or its suppliers.

11.4. All disputes arising in connection with these Rules and the provision of FAN Courier services will be resolved through negotiation or in the courts of the Republic of Moldova, unless FAN Courier specifies otherwise.

11.5. In accordance with the limitations set forth in these Rules for the provision of services, FAN Courier is responsible only for direct damages caused by actual non- performance of FAN Courier’s obligations in the course of providing services, within the limits established by law and these Rules.

11.6. In the event that any clause or part of these Conditions is declared void, the remaining valid clauses will continue to produce effects.

11.7. If complaints arise regarding the non-performance or improper performance of FAN Courier’s obligations under these Terms and Conditions, they will be resolved through negotiations or the claims procedure. Any complaint regarding the purchased service must be made in writing within a maximum of 30 days from the date of the event giving rise to the complaint. The response period for the submitted claim is 30 calendar days.

11.8. All disputes arising in connection with these Terms and Conditions and the provision of FAN Courier services will be resolved in the competent courts of the Republic of Moldova.

11.9. FAN Courier may, at its own discretion, unilaterally amend these Rules by notifying users via email, letters, website publications, and social networks.

FAN TRANSPORTATION SRL

Tax Code: IDNO 1021600025816
VAT Code: 0210786

Registered Address: MD-2037, Industrial Street 75, Chisinau, Republic of Moldova

Email: office@fancourier.md

FAN Courier Call Center: 14455 or 068 66 7777