1. Applicable Rule
  1. The transport and warehouse services rendered by SBC Logistics Romania SRL, and the commercial relationship as well, will be governed by these General Terms, the International CMR Convention, approved in Geneva on 19.05.1956 regarding to international and national transport of the goods (CMR), by the national legislation in force at the date of signing the contract and by USER Conditions (www.user.ro). 
  1. Order and Goods Nature
    2.1. The Customer has to send to the SBC Logistics Romania SRL, in written form (order), clear instructions regarding each special transport requirement (hazardous cargo (DGR), temperature control transports, fixed scheduler for collection/delivery, oversized dimensions of the cargo etc.). Those special requirements are under SBC Logistics Romania SRL`s acceptance.
    2.2. The Customer is responsible for the real content of the parcels and/or pallets towards third parties, including national and international authorities/offices.
    2.3. The Customer does not have the right to issue transport or warehouse orders for prohibited goods: narcotics, prohibited chemicals, munition, weapons, jewelry and money, otherwise he is solely responsible for any damage suffered by the SBC Logistics Romania SRL. However, if the Customer places such transport orders, SBC Logistics Romania SRL reserves the right to refuse them.
    2.4. The Customer has the obligation to pick-up the goods and release the warehouse spaces as established in the order or in maximum 3 (three) days after the payment was done.
    2.5. The Customer is responsible for the way of packaging and labeling the cargo. The package has to be in accordance with the type of the cargo and has to assure the protection of the goods during transportation, handling and warehousing, avoiding any damages. For groupage transports, the shipments will be handled multiple times and the package has to be appropriate for those actions. SBC Logistics Romania SRL does not have any responsibility regarding the goods that are not packed or with defective/improper package.

  2. Additional Services
    3.1. Customs services and any other additional services shall be invoiced separately. 
  1. Collection & Deliveries
    4.1. Transport services rendered by SBC Logistics Romania SRL are provided as “door to door”. Collection and delivery of the goods are provided at the ground floor of the address or at the delivery place of the goods, including but limited to the entrance, gate, access ramp. Emergency collection or delivery under special circumstances will be additionally charged.
    4.2. For the return of own documents, detailed reception, fixed collection or delivery hours or intervals or outside the standard program 08:00 – 17:00, deliveries to supermarkets and/or other special requests will be charged additional fees depending on the requests received, at the time of order submission.
    4.3. The maximum parking time for collecting / delivering freight parties in groupage transports is 1 hour. In case of exceeding this time, additional costs shall be charged.
    4.4. The parking time for collecting / delivering freight parties in full or partial truck mode (freight parties more than 2,501 kg / shipment), shall be agreed with the Customer, for each transport. In case of exceeding this time, additional costs shall be charged.
  1. SBC Logistics Romania SRL’s Liability, Claims Management and Goods Insurance
    5.1. Any damages caused by the total or partial damage or loss of the goods and/or for the delay in delivery can be claimed at the moment of delivery of the goods (apparent damages), within 7 days from the release (non-apparent damages) and within 21 days in case of delay, in accordance with the provisions of the Convention CMR and OG 27/2011. If the Customer does not address the claims in the stipulated terms it is deprived of this right. Claims shall be sent in writing to the following e-mail address: office@sbc-logistics.ro or to our headquarters address from 4B Gara Herastrau Street, district 2, Bucharest, otherwise they will not be taken into account. 
    5.2. In case of lost or damaged cargo due to SBC Logistics fault, the maximum responsibility accepted by SBC Logistics cannot exceed 8,33 DST/ kg of gross weight of damaged/lost cargo (aprox. 10 EUR/kg) in case of international transport and maximum 2,5 USD/kg of gross weight of damaged/lost cargo in case, and in case of delay deliveries, the responsibility of SBC Logistics cannot exceed the value of that transport, based on article 23.5 from CMR Convention. 
    However, in case of damage (total/partial damage), the value will be calculated taking in consideration the value of damaged cargo at the date when the event was produced, the damaged ratio of the cargo, established by comparison with the cargo not damaged, the costs with reconditioning the components or damaged pieces, the costs with replacement of the cargo, from which will be decreased the residual value, choosing the lowest costs out of the ones mentioned above. This amount will not exceed the limit mentioned above according to CMR Convention and OG 27/2011.
    5.3. SBC Logistics Romania SRL, regardless of its quality (agent, stakeholder, forwarder etc.) is responsible only for the damages caused by its own mistakes, which can be charged to it or to its subordinates. SBC Logistics Romania SRL cannot be liable for any loss of profit, direct / indirect financial losses, other financial losses, contracts, turnover, customers of the Beneficiary etc. and for the missing instructions regarding transport conditions.
    5.4. The transport price does not include any additional insurance of the cargo (Cargo insurance). Concluding this Cargo Insurance, the Customer shall benefit of “All Risks” type coverage – according to the insurance condition “Institute Cargo Clauses (A) 01/01/2009 CL382” issued by the Insurance Institute of London (IUA). The insurance premium has a value between 0.15% – 0.4% of the insured amount (cargo value + transport value + other taxes), depending on the type of goods delivered to transport, but not less than 25 Euro/insurance certificate.
    5.5. By choosing a cargo insurance you will be protected also from additional risks which does not involve SBC Logistics Romania SRL liability, e.g. loss of cargo or damaged cargo due to natural calamities / weather conditions / events appeared due to third parties etc.
    5.6. If such insurance is not purchased, or although it has been requested, the Customer does not mention or refuse to mention information regarding the goods, based on which the insurance premium will be established, the Customer expressly declares that he understands and accepts that the compensation granted by SBC Logistics Romania SRL cannot exceed the limits mentioned in art. 5.2 above.

  2. Lien Right over the Goods
    6.1. SBC Logistics Romania SA has a lien right over the goods until the Customer fully pays all the tariffs agreed or any amounts due.

  3. Payment Conditions
    7.1. The payment of the invoice is made by bank transfer in one of the accounts mentioned in the footer of the page. The payment term is the one mentioned in the offer. For non-performance or improper performance of the obligation to pay, the Customer will pay damages in the amount of 0.3%/day of delay until the fulfillment of the obligation. All bank charges will be borne by the payer.
    7.2. The calculation of the transport costs depends on the correctness and completeness of the information provided by the Customer. In case of providing incorrect, incomplete information and or modifying it, regarding to weight, volume, delivery address, or route, the initial transport costs will be recalculated accordingly. 
  1. Force Majeure and Applicable Law
    8.1. Force majeure and the risk of unforeseeable circumstances, as they are defined in article 1531 from the Romanian Civil Law, communicated and accepted under legal provisions, absolve from responsibility the part which invokes it.
    Cases of force majeure include, without limitation, the following: war (declared or not), invasion, civil war, revolution, insurrection, terrorism, embargoes, sabotage, piracy, expropriation, requisition, nationalization, epidemics, natural disasters (such as, but not limited to, storms, cyclone, typhoon, hurricane, tornado, earthquake, volcanic activity, landslides, tsunamis, floods, lightning, drought, blizzards) explosion, fire, strikes, labor disputes.
    8.2. All types of litigations arising from execution of this contract, which cannot be solved mutually, will be submitted for settlement to the competent courts of SBC Logistics Romania SRL headquarters from Bucharest.
    8.3. The Customer declares that it is aware and expressly accepted the provisions regarding liability – limitation clauses, applicable law, jurisdiction, as well as any other unusual clause in the contract according to art. 1203 of the Romanian Civil Code.
  1. Other Exemptions
    9.1. SBC Logistics Romania SRL will not be held liable for damages caused by violations of the “The Hungarian Electronic Trade and Transport Control System (EKAER)” or RO E-Transport regulations notwithstanding any other indications in the contract.
    9.2. SBC Logistics Romania SRL is not responsible for effects of the withdrawal of the United Kingdom of Great Britain from the European Union (“Brexit”) and thus is not liable for any damages caused by delays due to the consequences of Brexit. This shall include, but is not limited to, delays in customs clearance and/or during border processing
    Any additional costs due to the consequences of Brexit (e.g. storage costs, demurrage and detention, customs fees, port costs, costs of personnel) may be charged to the customer. SBC Logistics Romania SRL will inform the customer once SBC Logistics Romania SRL has reliable information about additional costs and at the latest by the start of transport.   
    SBC Logistics Romania SRL shall be unilaterally entitled to terminate this contract with formal notice to the customer if the withdrawal of the United Kingdom of Great Britain from the European Union leads to a fundamental change of the contractual circumstances. Fundamental changes shall be including but not limited to: (i) the contractually obliged provision of services is rendered impossible or (ii) the continuation of the contract will place a substantial and significant financial burden.

Data Protection

What’s this notice about?

Acc. to Art. 13, 14 GDPR the (European) Controller, in fact: SBC Logistics Romania SRL, shall inform about different topics while processing personal data. This information shall be given at the time of collecting personal data. To be transparent as possible, we decided to keep you up to data every time – not only at the time of collection.

But please note: this information is a description of business processes that contains processing of personal data. If necessary we’ll inform you about additional collection or processing of your personal data if special cases occur.

Who is responsible for the processing of your personal data?

Within the meaning of data protection, the “Controller” is the responsible “person” that has to take care about a meaningful processing of your personal data. With respect to your business relationship this would be SBC Logistics Romania SRL.

Regarding the SBC Logistics Romania SRL your contact details would be:

SBC Logistics Romania SRL
4B, Gara Herastrau Street
Bucharest
Romania

Why do we process your personal data (and what is the legal basis)?

There are different reasons why we may process your personal data. Please find the most relevant ones below (and don’t forget: as mentioned above we’ll inform you about additional collection or processing of your personal data if special cases occur):

  • purposes around a contractual relationship: of course, we have to process your personal data if you have a contractual relationship with one of the SBC Logistics entities or, at your request, pre-contractual actions. Legal base is Art. 6 Sec. 1 lit. b) GDPR.
  • voluntary additional services, activities or campaigns: sometimes you can profit by using additional services, or if we simply like to keep you updated through newsletters or advertising. Legal basis for this kind of data processing is your consent. Important: admittedly – because your consent was given freely and absolutely voluntary – you are able to withdraw your consent at any time for the future just by contacting the responsible business unit!
  • purposes that are required in specific business constellations (and additionally business interest outweigh privacy aspects): while doing business, sometimes we have to process your personal data for general business purposes. For example: facility security requires video surveillance and maybe you are on the video, too. That is your personal data but your right to privacy does not outweigh the interest to safe our building (of course this is very generic and we do our best to safeguard your rights due to technical and organizational measures). Legal basis can be found in Art.6 Sec. 1 lit. f) GDPR. Acc. to Art. 21 GDPR you might be able to object this kind of data processing.
  • general legal obligations: sometimes we have to process your personal data acc. to general legal provisions. These provisions can be very different and depend on your national legislation. The most common ones are rules regarding accounting and labor law including social requirements. Legal basis is always Art. 6 Sec. 1 lit. c) GDPR together with the respective national rule.

The processing of special types of personal data within the meaning of Article 9 Sec.1 GDPR (“sensitive” data, in particular health data) is carried out only on the basis named in Art. 9 GDPR; i.e. your consent or if this is necessary for the assertion, exercise or defense of legal rights.

Will we keep your data forever?

Your personal data will only be stored as long as necessary for the fulfillment of the strictly defined purpose and the national statuary obligations.

Do we transfer your data to anyone?

We only share information with third parties if it is required either for the business relationship or it is permitted by law. 

Typical service providers that receive data are IT and print service providers or call centers. Of course, internal and external service providers are bound contractually to safeguard data protection at a high level and required by applicable law. 

SBC Logistics Romania SRL is a part of an international group with entities inside and outside Europe. Therefore, data transmission to a third country outside the EU / EEA may be required in certain cases. We only transfer data to a third country if the legal requirements for this are met, e.g. by concluding so-called standard data protection clauses, which provide for adequate safeguards for the protection of personal data.

Which rights can you claim acc. to your personal data?

The GDPR gives you a wide range of rights that you are able to claim.

  • The right to be informed: The information in relation to the processing of personal data relating to an individual should be given to him/ her at the time of collection of such data within a reasonable period. The individual has the right to be made aware about the consequences of providing such data.
  • The right of access: The individual should have a right to access to his/her personal information, which he/she might have communicated, in order to enable him/her to verify the processing of such data. However, the exercise of such right should not adversely affect the rights or freedoms of others, including trade secrets or intellectual property and in particular, the copyright protecting the software.
  • Right to rectification: You have the right to have inaccurate personal data rectified, and incomplete personal data completed. A request for rectification may be made verbally or in writing and must be responded to within one calendar month.
  • Right of restrict processing: This means that an individual can limit the way that an organization uses their data. This is an alternative to requesting the erasure of their data. Individuals have the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction. This may be because they have issues with the content of the information you hold or how you have processed their data. In most cases you will not be required to restrict an individual’s personal data indefinitely, but will need to have the restriction in place for a certain period of time.
  • The right to erasure: The individual should also have the right to get his/her personal data erased and no longer processed where such data are no longer necessary in relation to the purposes for which they were collected or otherwise processed or where he/she has withdrawn his/her consent regarding the processing of the same.
  • The right to appeal to a supervisory authority: If your personal data is processed in a way that does not comply with the GDPR, you may lodge a complaint with supervisory authorities, who are obliged to inform you of the progress and outcome of your complaint.
  • Right to data portability: This right applies to personal data about you which was provided by you. The right to data portability enables you to obtain and reuse your personal data for your own purposes. It allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, and to receive data from one controller and transmit it to a different controller without hindrance to usability.
  • Right to object: You may have the right to object to the processing of your personal data in certain circumstances, for example where your data is being processed for direct marketing (including profiling) or for purposes of scientific or historical research and statistics (unless this is in the public interest). You may also have the right to object to the processing of your personal data where your data is being processed based on legitimate interests or the performance of a task in the exercise of official authority. Following an objection, a controller will no longer be allowed to process your personal data unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms.
  • Right to be notified of a personal data breach: A controller must inform you without delay of a personal data breach incident affecting you, which is likely to result in a high risk to your rights.

Relevant changes
We are going to change this information from time to time if necessary. This version was updated in January 2024