When ordering and using our services you, as “Shipper”, are agreeing, on your behalf and on behalf of the Consignee of the Shipment and anyone else with an interest in the shipment that these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means our company chooses, including air, road or any other carrier.
A “waybill” shall include any Shipment identifier or document produced by automated systems such as a label, barcode, waybill or consignment note as well as any electronic version hereof. Every Shipment is transported on a limited liability basis as provided herein.
IF THE SHIPPER REQUIRES GREATER PROTECTION, THEN INSURANCE MAY BE ARRANGED AT AN ADDITIONAL COST. (Please see below for further information).
1. Unacceptable Shipments
A Shipment is deemed unacceptable if:
- proper customs documentation have not been submitted, according to the Customs Clearance regulation requirements and laws
- it contains replica or imitation firearms, complete firearms, explosive devices or test pieces, air guns , ammunition, explosives,; human remains or ashes, live animals, counterfeit goods; cash; bullion (of any precious metal); prohibited animal parts or remains, such as ivory; cannabis or its derivatives; loose precious or semi-precious stones; or illegal goods, such as narcotics or other illegal drugs,
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or other relevant organization (“Dangerous Goods”),
- it contains any other item which our company cannot carry safely or legally
- the address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- Shipper, Consignee or any other party with a direct or indirect interest in the Shipment is listed on any applicable sanctions lists as a denied or restricted party.
2. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes.
Shipments are delivered to the Consignee’s address given by Shipper but not necessarily to the named Consignee personally.
Shipments to addresses with a central receiving area will be delivered to that area.
Our company may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at the closest partner’s Service Point.
If the Shipment is deemed to be unacceptable as described in section 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or other Shipment charges, our company shall use reasonable efforts to return the Shipment to Shipper and this shall be at Shipper’s cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else while the earnings from the sale will be used to pay for any customs differences and appropriate bureau dealings while the remaining sum of earnings will be given to the Shipper.
Our Company shall have the right to destroy any Shipment if our company is prevented by any law or law enforcement agency from returning it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods.
Our company has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
4. Shipment Charges, Duties and Fees
Our Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by our company to confirm this calculation.
5. Company Liability
Our company’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately 26 € per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, our company’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately 10 € per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
Our company’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to the company’s attention.
All claims must be submitted in writing to our company’s within thirty (15) days from the date that our company accepted the Shipment, failing which the company shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. In any claim case the lowest amount of reimbursement as well as the processing time of such claims are clearly defined by the EETT 688/52- 2013.
7. Shipment Insurance
Our company may be able to arrange insurance for loss of or damage to the Shipment, covering the full value of the goods, provided that Shipper so instructs our company in writing, including by completing the insurance section of the waybill and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
8. Circumstances Beyond Our Company’s Control
Our company is not liable for any loss or damage arising out of circumstances beyond the company’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to our company; any act or omission by a person not employed or contracted by our company – e.g. Shipper, Consignee, third party, customs or other government official; third party cyber-attacks or other information security related threats; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.
9. Shipper’s Representations, Warranties and Indemnities
Shipper shall indemnify and hold our company and its directors, officers, employees and agents harmless from and against all and any liabilities, losses and damages arising out of Shipper’s failure to comply with the following warranties and representations:
- Shipper has complied with applicable export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation,
- the Shipment is acceptable for transport under Section 2 above,
- related to the import, export, transit or transfer of goods,
- Shipper has declared to our company any controlled dual-use or military goods subject to government authorizations contained in the Shipment,
- Shipper has provided all information, permits, licenses or other government authorizations and documents, as required by applicable law or upon request from our company, and all information, permits, licenses or other government authorizations and documents provided by Shipper or its representatives are true, complete and accurate, including the value and
description of the goods and Shipper and Consignee information,
- when providing personal data to our company Shipper has complied with its legal obligations to process and share this data, including informing the affected individuals that personal data, including Consignee’s email address and mobile phone number, is required for transport, customs clearance and delivery.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
11. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.