Terms and conditions
REVEAL CROCHET SINGLE MEMBER P.C
VAT NUMBER: 800738150
ADDRESS: POSIDONOS AVENUE 5, 16777, ATHENS, GREECE
+30 210 8910219
A. GENERAL CONDITIONS
This website is the online store of the company under the name “REVEAL CROCHET SINGLE MEMBER P.C” and the trade name “REVEAL CROCHET” , based in the Municipality of Ellinikon (Address Posidonos Avenue 5 Postal Code: 16777), TIN: 800738150, Tax Office GLIFADAS, Email: email@example.com and number GEMI 139037401000, hereinafter referred to as the COMPANY. Through the website http://www.revealcrochet.com/, you can inquire about the products sold by the COMPANY and / or remotely purchase these products through the online store, as particularly shown on this website. It is expressly agreed that the retention by the COMPANY of the website http://www.revealcrochet.com/ is not a proposal for conclusion of sales contract with each USER. On your tour to this site and the remote purchase of products through this site you acknowledge that they occur under specific terms and conditions, as they arise from the terms and conditions of the website, the terms of sale, which are provided below in the relevant chapter but also by applicable law. For the purposes hereof you are referred to as the USER (member or not of this website).
2. How to use the website.
4. Modifications .
The COMPANY reserves the right to set different content of these terms, always within the framework of legality and the USER recognizes this right to the COMPANY. The COMPANY reserves the right to further amend and / or repeal all or part of all of the contents of this website (indicative texts, pictures, product descriptions, etc.) without warning as to restrict access to parts or all of this website.
The COMPANY is not liable to the USER, if for any reason the site is unavailable at a given time or for any period. The COMPANY notes that the site may display technical errors with immediate effect on the presentation of the contents of site subjects (including but not limited to photos, prices, texts etc.) for reasons it has no responsibility and promises to strive for faster resolution thereof.
All content, logos and software of the website are the intellectual property and / or industrial property of the COMPANY or third parties contracted with the COMPANY. Therefore, the content of this page is available to the USER for personal use only and in no case for public or commercial use. The COMPANY expressly declares that the USER can store, print and display the content provided by this website solely for personal use. It is not permitted for the USER to publish, manipulate, distribute or otherwise reproduce, in any form whatever is displayed on this website. Moreover, it cannot modify or create derivative works based on any software or accompanying documentation supplied by the website http://www.revealcrochet.com/.
No license or consent is granted to enable the USER to use the marks of the COMPANY in any manner, and agrees not to use these marks contained on this website or any similar symbols. It is expressly agreed that the USER will not use the name or the website of the COMPANY in a way that may cause any harm or damage to the COMPANY or a third party for the recovery of which solely responsible is the USER.
7. Print – Storage of conditions.
8. Possibility of communication.
a. The COMPANY expressly warrants that it has taken all necessary technical and organizational measures to safeguard the confidentiality, integrity and availability of all data of the USER. The COMPANY for the operation of the e-shop uses and continuously upgrades the subsystems required for the smooth and proper functioning of the system. Examples such are: backup system, protection, protection against viruses, protection against malicious acts etc. b. The COMPANY additionally complies with all safety rules for safe access from each user’s registered account – user member, which may have been created in accordance with the above-mentioned under Art. 2c. However with the creation of the account the USER promises to abide by all appropriate security measures to maintain the confidentiality of user account details. The COMPANY states that it is not responsible for restoring any damage or injury resulting from failure to observe appropriate safety rules by the USER and for this reason the respective USER must, after the completion of any communication through the account, safely exit from the account (disconnect) and preserve the non-disclosure of personal account information to any third party. In case of loss or despite the foregoing in any way disclosure of the secret password to a third party the USER shall promptly notify the COMPANY at the e-mail firstname.lastname@example.org.
ELEMENTS OF THE STATUTE LAW 2251/1994 Official Gazette: A 191 19941116 TITLE:CONSUMER PROTECTION
ARTICLE 8: LIABILITY OF THE SERVICE PROVIDER
- The service provider shall be liable for any damage caused by his own fault while providing the service.
- Under the meaning of this article, any provision that has as direct and exclusive purpose the manufacturing of products or transferring of rights or interests of copyright,is not considered to be a service. As a service provider is considered to be anyone who provides an independent service under the framework of exercising a profession.
ARTICLE 9: ADVERTISEMENT
3. In determining whether advertising is misleading, account shall be taken of all its features, and in particular of anyinformation it contains concerning: a) the characteristics of goods or services, such as their availability,nature, execution, composition, method and date of manufacture or provision, fitness for purpose,uses, quantity, specification, geographical or commercial origin or the results to be expected fromtheir use, or the results and material features of tests or checks carried out on the goods or services;b) the price or the manner in which the price is calculated, and the conditions on which the goods aresupplied or the services provided, such as terms of payment or credit, delivery, exchange, return,repair, maintenance and warranty; c) the nature, attributes and rights of the advertiser, suchas his identity and assets, his qualifications and ownership of industrial, commercial or intellectualproperty rights or his awards and distinctions.
8. The advertisement that defines directly or indirectly or “implies” the identity of a certain competitoror the goods and services provided by him (comparative advertisement), shall be permitted, providedthat it objectively compares the essential, relevant, verifiable and impartially chosen features ofcompetitive goods or services, and: a) it is not misleading; b) it does not create confusion amongtraders, between the advertiser and a competitor or between the advertiser’s trade marks, tradenames, other distinguishing marks, goods or services and those of a competitor; c) it does notdiscredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services,activities or circumstances of a competitor; d) it does not take advantage of the reputation of a trademark, trade name or other distinguishing marks of a competitor or of the designation of origin ofcompeting products; e) for products with name of origin concerns in any case products with name oforigin and f) it does not present goods or services as imitations or replicas of goods orservices bearing a protected trade mark or trade name.
C1. CONDITIONS OF SALE
C1. CONDITIONS OF SALE
Through our website http://www.revealcrochet.com/ in simple and understandable steps the USER can order and finally to complete the process of remote online sales of the COMPANY products. To purchase the products of the COMPANY the USER should select on the basis of detailed and clearly indicated way, included in our website, the products the USER wishes to buy.
The USER before making the order is useful to be informed in detail about the basics and the terms of sale of products, offered each time for information at the relevant stage-field before making the purchase.
3.Legal framework for purchasing products online.
4. Product Features.
The main features of the products sold on this site are demonstrated in each space where appropriate. For technical reasons relating to the website, the browser or by entering the site via mobile phone may result in a partial mismatch between the product presented and the actual product such as e.g. variations in the color of the products. The COMPANY shall not be liable for any such differences.
5. Ordering process.
a. For the realization of the purchase please follow the following steps ORDER PROCEDURE 1. Select a section of the website (e.g. bikini, one-piece) and then the type of product. 2. See the product / products that interest you. With one click you can enlarge the photo to see the detail. In the product description you will find useful information such as composition, reference code and price. Then the available sizes and colors. 3. Select the product, the quantity and color if this product is available in more colors and add the item to the basket. Then you can choose whether you want to continue shopping or to complete the order. 4. If you want to continue shopping, repeat the process. Otherwise, if you want to complete your order, you can continue by creating an online account or making quick order without registering. 5. Select the payment method: Cash on Delivery (for Greece only), Bank deposit 6. Carefully read the order confirmation 7. Please select (click) the icon on acceptance of the terms and conditions, which you must read and accept before selecting the icon “payment”. b. It goes without saying that before finalizing the order, the USER may cancel or alter details of the order (quantity or product type). In any case the COMPANY stresses to the USER before selecting the icon “payment” to carefully check the elements of the order. c. When the USER finally makes an order, he/she will immediately receive a confirmation email, which will confirm the receipt of the order by the COMPANY. Note that the receipt by the USER does not mean that the order was accepted by the side of the COMPANY and that the contract of sale of the product ordered is concluded. d. Then, the USER will be sent an email confirmation that the order was sent. In the above confirmation code will be listed the shipping code of the affiliated courier company, so the USER can identify where the products ordered are. By sending the second e- mail on behalf of the COMPANY it is considered that the sales contract is concluded only for products included in the sent order. In case where any amount has been paid not included in the sent order or if the USER does not receive the second e -mail with shipment confirmation, the USER will be refunded this amount.
6. Correct submittal of USER data.
During the order all particulars, submitted by the USER must be truthful and accurate. To avoid inadvertent errors it is considered appropriate by the USER to check all elements of the order before its completion.
7. Prices – stocks.
The cost of products may vary. The COMPANY declares that all prices listed on the website are subject to these changes, for which the USER will be informed appropriately. Furthermore the products of the COMPANY available are subject to availability of these stocks, for which the USER will be informed appropriately.
8. Right to non-acceptance of the order.
The COMPANY although has made every possible effort so that the features and prices of products are accurate reserves the right not to accept an order for goods, which inadvertently have incorrect features or price e.g. due to written error or because of technical errors in the operation of this website or for any other reason. The COMPANY reserves the same right in case of an order with very high price and the right to communicate with the USER. The COMPANY further states that it reserves the right not to accept an order from a person who has not received and paid on delivery ordered products without ground repeatedly in the past. In any case the COMPANY states that it reserves the right to communicate with the USER to ensure the smooth progress of the completion of each order. Furthermore, the Company reserves the right in its absolute discretion to communicate especially if the person has not received, choosing a payment method of cash on delivery, ordered products without ground repeatedly in the past with that person and ask for the payment of the price and any expenditure with bank deposit.
9. Payment methods.
a. Cash on Delivery . Further the USER has the option to pay on delivery (for products to be delivered within Greece). In case of payment by cash on delivery the USER shall pay the amount to the representative of the courier company, with which the COMPANY cooperates. For the price of the order and any shipping costs of the order, which must be paid to the said representative, the USER will be clearly and thoroughly informed before making the purchase. b. Bank Deposit You select the payment method “Bank account deposit”. Deposit the total amount of money in the account indicated below. It is essential to indicate your name and order number in the bank deposit slip: Piraeus Bank Account Number: 6856138642805 Account IBAN: GR0501718560006856138642805 Accountholder: REVEAL CROCHET SINGLE MEMBER P.C “REVEAL CROCHET” After making the deposit you will have to send us the deposit slip via email: email@example.com . *Orders will be processed as soon as you have deposited the total amount corresponding to your order in the bank account shown above. ** Deposit in a bank account in special cases provided for, in the sole judgment of the Company, upon communication with the USER and if so selected by the Company, such as e.g. in the above case of a person who has not received, choosing a payment method of cash on delivery, ordered products without ground repeatedly in the past.
10. Shipping and Delivery.
a. For shipping and delivery of orders within Greece aa. Delivery time. The COMPANY will deliver to the USER the products at the address declared by the USER via the affiliated courier company within 3-5 days from the date of receipt of the second confirmatory email. ab. Shipping cost. The USER will be clearly informed by the COMPANY for shipping costs before ordering the products. b .For shipping and delivery of orders outside Greece ba. Delivery time i. The COMPANY will deliver to the USER the products at the address declared by the USER via the affiliated courier company within 7 days from the date of receipt of the second confirmatory e-mail, if the delivery is made in any of the countries within the European area, from those that the COMPANY is able to ship the goods and ii .The COMPANY will deliver to the USER the products at the address declared by the USER via the affiliated courier company within 10 days from the date of receipt of the confirmatory e-mail, if the delivery is made in any of the countries outside the European area, from those that the COMPANY is able to ship the goods. bb . Shipping cost The USER will be clearly informed by the COMPANY for shipping costs before ordering the products. c. The COMPANY declares that it bears no responsibility for orders sent without fault to the wrong address.
11. Order file.
The COMPANY keeps electronic records of individual orders, to which the USER may have access.
12. USER rights.
It is expressly agreed that the USER has the right to replace the product or refund etc. in accordance with the relevant provisions regarding the sale of Articles 534 et seq. of the Civil Code, while observing all applicable rules, where there is defective product or lack of guaranteed property if it is found after the inspection of the returned product by the COMPANY. A prerequisite among others is the presentation of the sales voucher and the goods in their original packaging.
13. Storage- Printing of terms of sale
The USER for secure transactions has the ability to store and / or print all terms of sale.
C2 .TERMS RETURN OF GOODS
I. Withdrawal of purchase
1. Right of withdrawal.
The USER making online purchase of products of the COMPANY through the shop http://www.revealcrochet.com/ is in compliance with the relevant legislation right to withdraw from the purchase and return the product or products purchased in accordance with the described in this chapter (I) process.
2. Deadline for withdrawal.
The USER is entitled to withdraw from the purchase without giving any reason within 14 calendar days from the day he or a third person designated by him shall take physical possession of the product.
The USER is able to proceed to the above withdrawal provided the COMPANY is informed within the above deadline either using the sample statement of withdrawal under the title “Return form” (which can be saved or printed by clicking here) or by filling in the above form, a copy of which he shall receive together with the packaging of the product being ordered, and sending it to the Company or by any other unequivocal statement, which expresses the clear will to withdraw from the purchase. Especially when sending electronically the return form (under the title ‘Return form’) the USER will receive immediate confirmation of receipt of such a withdrawal.
4. Responsibility of USER .
The USER is responsible only for any diminished value of the goods resulting from handling, which was not necessary to determine the nature, characteristics and functioning of the goods.
5. Obligations of USER.
a. The USER is obliged to return the goods without undue delay and in any case within 14 calendar days from the date announced to the company, according to the above decision to withdraw from the contract. That period applies if the USER sends back the goods before the deadline of 14 calendar days. b. Products must be returned in the condition in which they were received by the USER and in the packaging, unworn and clean. Further for the withdrawal to be accepted the special markers should not be removed from the clothes (tags) and the sales voucher must be returned. c. In the case of a refund by deposit in a bank account of the USER (e.g. in the case, where cash on delivery has been selected as the payment method), the USER must note on the return form the number of the bank account to which the COMPANY will reimburse the money.
6. Obligations of the COMPANY.
a. The COMPANY will reimburse any expenses received from the USER, without undue delay and in any case within 14 calendar days from the day it was notified of the USER’s decision to withdraw from the contract. The return of the money on the side of the COMPANY will be made using the same means of payment, which the USER has used for the initial transaction. b. The COMPANY may withhold the refund of the price of products until the goods are received or until the USER provides evidence of having sent back the goods, whichever occurs first. c. Especially in the case of a refund for products, where cash on delivery has been selected as the payment method, the refund of the money to the USER will be made by deposit of the amount in the bank account of the USER.
7. Cost and method of return.
The USER shall bear the cost of returning the goods back, using a courier company of his choice. In cases of the return of goods from outside the European Union there is the possibility of the imposition of customs clearance costs.
8. Exceptions to the right of withdrawal.
a. It is expressly agreed that the USER has no right to withdraw from the contract in the event that he has purchased i. The bottom of the undergarment ii. bodysuits iii. the bottom of the swimsuit and the one piece swimsuits, if the necessary protectors and their labels have been removed. b. Further in case that the product is sold as a package (packages containing more than one piece like socks), then the USER may withdraw for all the products and provided that the packaging has not been opened.
II. Request for exchange (product replacement)
It is expressly agreed that the COMPANY will accept product replacement requests only for reasons concerning the size and color of these and always subject to availability of stock in the appropriate size or color within a period of fourteen days from the day of receipt of the product. a. The USER shall then be required to complete and send to the e-mail firstname.lastname@example.org the exchange request (product replacement), recording the codes of the products to be changed and the color and / or size of his choice. Within 48 hours the USER will receive an e-mail if the request was accepted. The USER undertakes in this case the shipping costs of the products to the COMPANY, which must be sent with the payment voucher and the COMPANY shall return the new product to the USER at its expense via the affiliated courier company. b. The COMPANY provides to the USER the right to make replacement of the products purchased through the online store for reasons concerning the size and color of these only through the online shop.
Products must be returned in the condition in which they were received by the USER and in the packaging, unworn and clean. Further for the replacement to be accepted the special markers should not be removed from the clothes (tags) and the sales receipt must be returned.
a. It is expressly agreed that it will not accept any request for replacement of products in the following cases: i. The bottom of the undergarment ii. Bodysuits iii. The bottom of the swimsuit or one piece swimsuits, if the necessary protectors and their labels have been removed. b. It is expressly agreed that it will not accept any request for replacement in the event that the product is sold as a package (packages containing more than one piece like socks). In this case the USER may replace all the products and provided that the packaging has not been opened, with another that may be offered in another color or size.
It is expressly agreed that the USER who wishes to replace the products purchased through this website by any or some other products for reasons not related to the color and size and always subject to availability of stock, must follow the withdrawal process from the purchase (as described above) which has been made, return the product as defined above in the relevant section (Obligations of USER) and then will make a new purchase.
III. Replacement due to actual product defect or lack of guaranteed quality of the product.
It is expressly agreed that the USER has the right to replace the product or refund of money etc. according to the relevant provisions regarding the sale of Articles 534 et seq. of the Civil Code, while observing all applicable rules, where there is defective product or lack of guaranteed property if it is found after the inspection of the returned product by the COMPANY, as stated above under C1.12. In this case the costs of returning goods, which will be done by the affiliated courier company of the COMPANY, will be borne by the COMPANY.
In the case of replacement of defective products the products must be returned in the condition in which they were received by the USER and in the packaging, unworn and clean. Further for the replacement to be accepted the special markers should not be removed from the clothes (tags) and the sales voucher must be returned.
D. OTHER PROVISIONS
SHIPPING TERMS AND CONDITIONS
UPS Terms and Conditions of Carriage
- These terms and conditions (“terms”) set out the basis on which UPS will transport packages, documents and envelopes (“packages”) and palletised goods (“pallets”; pallets and packages are together “shipments”). These terms aresupplemented by the current applicable UPS Service and Tariff Guide (“the Guide”). The Guide contains important details about the services of UPS which the shipper should read and which form part of the agreement between UPS and the shipper.
- The term “UPS” will mean and the shipper’s contract will be with UPS of Greece, Inc. a company whose seat is at Delaware, United States of America and which has set up a sub-office in Greece (4th km Peanias – Markopoulou Ave. 19400, Koropi), holder of a General License for Postal Services granted by the National Telecommunications and Post Committee (NTPC) with registration number 99-120. That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
- Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended and supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
- A shipment may be carried via any intermediate stopping places that UPS deems appropriate. UPS may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub- contractors each of whom shall have the benefit of these terms.
- In these terms, “Waybill” shall mean a single UPS waybill/consignment note or the entries recorded against the same date, address and service level on a pick-up record. All packages or pallets covered under a Waybill shall be considered a single shipment.
- Scope of Service
Unless any special services are agreed, and subject to these terms, the service to be provided by UPS is limited to the pick up, transportation, customs clearance where applicable and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that UPS may not monitor the inbound and outbound movement of individual shipments at all handling centres.UPS is not a universal postal service carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.
- Conditions of Carriage
This section sets out various restrictions and conditions which apply to the carriage of shipments by UPS. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
- 3.1 Service Restrictions and ConditionsShipments must comply with the restrictions referred to in paragraphs (i) to (iv) below.
- (i) Packages must not weigh more than 70 kilograms (or 150 lbs) or exceed 270 centimetres (or 108 inches) in length or a total of 419 centimetres (or 165 inches) in length and girth combined. Pallets are subject to maximum size and weight limits that vary by origin and destination, and that are set out at www.ups.com.
- (ii) The value of any package may not exceed the local currency equivalent of USD 50,000. In addition the value of any jewellery or watches, other than costume jewellery or costume watches, in a package shall not exceed the local currency equivalent of USD 500. The value of any pallet may not exceed the local currency equivalent of USD 100,000.
- (iii) Shipments must not contain any of the prohibited articles listed in the Guide including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
- (iv) Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by UPS, or the carriage, export or import of which is prohibited by applicable law.
(v) Pallets must be palletized, stackable, able to be lifted by forklift, and shrink-wrapped or banded to a skid.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for safe transportation and to comply with the requirements of the Guide and applicable law. Unless a different service level is clearly selected on the Waybill or other applicable UPS shipping documentation shipments will be carried under the Express (or Express Freight) service (where available to the selected destination) and all applicable charges will be calculated accordingly.
The shipper guarantees that all shipments presented for carriage under these terms comply with the restrictions in paragraphs (i) to (v) above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to UPS and have been protected against unauthorised interference during their preparation, storage and transportation to UPS. UPS relies in this guarantee in accepting any shipment for carriage hereunder. Any other shipments are excluded from carriage.
- 3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. UPS does not provide special handling for such shipments.
- 3.3 Refusal and Suspension of Carriage
- (i) If it comes to the attention of UPS that any shipment does not meet any of the above restrictions and conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, UPS may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in progress, UPS may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s order.
- (ii) UPS may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the shipment or Waybill or if it cannot collect amounts due from the receiver on delivery.
- (iii) Where UPS is entitled to suspend carriage of a shipment (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.
- 3.4 The shipper must pay and indemnify UPS for any reasonable costs and expenses (including storage) incurred by UPS, any losses, taxes and customs duties UPS may incur and all claims made against UPS because a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1 above or because of any refusal or suspension of carriage or return of a shipment (or part thereof) by UPS which is allowed by this paragraph 3. In the case of the return of a package or shipment (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPS.
- 3.5 If the shipper tenders to UPS a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without UPS’ express written consent, UPS will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by UPS of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence, except wilful misconduct, of UPS or any negligence, including wilful misconduct, of its employees, contractors or representatives) and, if UPS does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid. UPS may bring a claim in respect of such non-compliance.
- 3.6 If, having suspended carriage of a shipment (or any relevant part thereof) in accordance with these provisions, UPS is unable within a reasonable time to obtain the shipper’s instructions on its disposition , or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), UPS shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.
- 3.7 UPS reserves the right, but is not obliged, to open and inspect, or scan by means of x-ray any shipment tendered to it for transportation at any time.
- 3.1 Service Restrictions and ConditionsShipments must comply with the restrictions referred to in paragraphs (i) to (iv) below.
- Customs Clearance
When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, UPS with complete and accurate documentation for the purpose but UPS will unless instructed otherwise act on behalf, at the expense and at the risk of the shipper or receiver in obtaining customs clearance.
Provided that, in the case of shipments whose points of despatch and destination are both within the same customs area, UPS only performs customs clearance if instructed to do so. The shipper also agrees that UPS may be considered as being the receiver of package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance, in so far as allowed by law.
- 5.1 The rates for carriage and other services are set out in the Guide and unless paid before shipment, all charges must be paid within 30 days of date of invoice or within such other period as the shipper may have agreed in writing with UPS.UPS may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis.
- 5.2 If (a) UPS is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, (b) the selected billing option indicates that the receiver or a third party should incur any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by UPS due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with carriage, the shipper shall be jointly and severally liable to UPS with the receiver and such third parties for such amounts. In each such case (without prejudice to the shipper’s contractual liability for payment), UPS will first demand payment of the relevant amount from the receiver or, where applicable, third party. If the amount in question is not immediately paid to UPS in full by any of the above parties, the amount will be payable by the shipper on UPS’s first written demand. UPS shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.
- 5.3 Any sum payable to UPS which is overdue will bear interest at the rate specified on the invoice from the due date to the date UPS receives payment whether before or after judgment. In addition, UPS reserves the right to charge a late payment administration fee up to a maximum of EUR 15 per invoice.
- 5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, UPS may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.
- 5.5 UPS’ rates for carriage set out in the Guide are only applicable to the carriage of shipments which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event that UPS becomes aware that it has carried a shipment without UPS’ express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess of of the relevant amount set out in paragraph 3.1(ii) is applicable.
- Interruption of Service
If UPS is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, UPS will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond UPS’ control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbances, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting UPS or some other party.
- Money Back Guarantee
For certain services and destinations, UPS offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guide and on the UPS website (www.ups.com), each as current at the time the goods are accepted for carriage and can also be confirmed by contacting the shipper’s local UPS call centre. For the avoidance of doubt, the liability of UPS under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.
8. Collect on Delivery (COD)
For certain destinations and services as advised by the local UPS call centre, UPS offers a COD service on payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to the provisions set out below (including those relating to currency conversion) UPS will collect on behalf of the shipper the COD amount stated on the Waybill. This service is not available for pallets.
COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as UPS may reasonably determine.
UPS does not accept responsibility for any currency exchange risks.
- 8.1 Cash COD – Where UPS is instructed on the Waybill in accordance with applicable UPS guidelines to accept cash only, UPS will collect only cash, in the currency of the country of destination. Where cash is collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency equivalent of 5000 USD per receiver per day. Notwithstanding the previous rule, the amount collectible in cash on behalf of a shipper from receivers located in the following countries for COD shipments may not exceed the respective amounts per receiver per day: Belgium: EUR 3.000; Spain EUR 2.499; Greece: EUR 1.500; Portugal: EUR 1.000; Italy: EUR 3.000; France EUR 750; Sweden: SEK 3.000.Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guide or at the UPS Website (www.ups.com).If the shipper specifies a COD amount that exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that amount.
- 8.2 Cheque COD – If the Waybill does not clearly (and in accordance with applicable UPS guidelines) instruct UPS to accept only cash, UPS may accept payment either in cash (subject to the restrictions in paragraph 8.1) or by any kind of cheque made out to the shipper that is recognized in the country of destination of the shipment. Where UPS accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of 50.000 USD per package (or other applicable value, if lower). Where UPS is permitted to accept a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country of destination.
- 8.3 Payment of Collected COD Amounts – Where UPS collects cash, UPS will pay to the shipper an equivalent amount in the local currency of the country where the shipment was presented to UPS for transportation. UPS may make such payments of COD amounts by either wire transfer to any bank account notified to UPS by the shipper or issuing a cheque in favour of the shipper.Any cheques in favour of the shipper, issued either by UPS as set out above or by the receiver and collected by UPS pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the shipper’s behalf.
- 8.4 In the event of non-receipt by the shipper of COD amounts, the shipper must notify UPS in writing within 45 days of the date of delivery of the shipment concerned.
- 8.5 The shipper will indemnify UPS for all losses, expenses and any claims made against UPS by the receiver or a third party, arising where UPS does not deliver a shipment because the receiver does not pay the COD amount in the appropriate form or refuses to accept the shipment.
- 8.6 The liability of UPS in respect of the amount to be collected shall not exceed either the applicable maximum amount collectible under these terms or the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD amount shall not in any event exceed the value of the goods at their destination plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of UPS for any loss, damage or delay to the goods themselves.UPS does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver including, but not limited to, presenting a fraudulent cheque or one which is later dishonoured, or for cheques incorrectly completed by the receiver.
- 9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, theliability of UPS is governed by and will be limited according to the applicable rules.
- 9.2 Where Convention Rules or other mandatory national laws do not apply, UPS will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either:
- (a) 85 EUR per shipment in the case of goods presented for carriage in Greece, or
- (b) 8.33 Special Drawing Rights (“SDRs”) per kilo of the goods affected,
unless a higher value has been declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately 10 EUR.
- 9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a package or pallet, any liability UPS may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
- 9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability than UPS provides under paragraph 9.2 above or than may be provided by Convention Rules or other mandatory national law.
The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the applicable charge, then UPS’s liability shall be limited to proven damages of not more than the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii).
- 9.5 Save where Convention Rules or other mandatory national laws require otherwise, UPS does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or part thereof, whether or not a value has been declared in respect of the relevant shipment under paragraph 9.4.UPS shall not be liable for any damage to or loss of any packaging or pallet skids.
UPS may deliver a shipment to the receiver or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available, the package may be left in the receiver’s letter box, if suitable, or delivered to a neighbour, unless the shipper has excluded such delivery options by using the applicable additional service. UPS shall inform the recipient of any alternative arrangement to the delivery (or redirection to a UPS Access Point®), leaving a notice at their premises.
Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver.
UPS may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to UPS relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise, UPS accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a package to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
11. Data Protection
The shipper agrees that UPS and other companies in the UPS group of companies worldwide, including companies in countries which may not have the same level of data protection as the country where the shipment is presented to UPS for carriage, may use any data provided by the shipper to UPS for the purposes set forth in, and subject to, the UPS Privacy Notice published on UPS’s web site at http://www.ups.com/content/gr/en/resources/ship/terms/privacy.html (hereby incorporated by reference into these terms). The shipper has certain rights under the law (exercisable by contacting UPS) to have access to, rectify, object to the use for direct marketing of, or delete personal data held by UPS about it.
12. Claims Procedure – Prescription
All claims against UPS must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment) and in the case of delay within 21 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 60 days of the goods being consigned with UPS for carriage. In addition, all claims against UPS in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to UPS within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
13. Entire Agreement & Severability
It is the intention of UPS that all the terms of the contract between it and the shipper are contained in this document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of UPS before the shipment is accepted for carriage by UPS. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
14. Governing Law
These terms shall be governed by the laws of the country where the shipment is presented to UPS for carriage.