Conditions of transportation, customs clearance and additional services provided for international delivery by express transporter'' Gruz Kargo Limited Şirketi '' or people authorized by express transporter.
In this section the terms used within the scope of Provision of Transport Services and Customs Accompaniment Agreement between Customer and express transporter, "Gruz Kargo Limited Şirketi" are defined.
Express Transporter ‘‘Gruz Kargo Limited Şirketi’’, the party which delivers consignments of recipient at international addresses. Gruz Kargo shall perform these services either by using their own capabilities and resources or can benefit from transportation and customs clearance services of contractual third persons. Fast Shipment Refers to performing international transportation and customs clearance of the fast shipped consignment (as instructed by recipient) delivered to express transporter as early as possible and at specified date in accordance with information stated in bill of lading.
Online Store refers to a platfom owned by shipper. The goods purchased by recipient on online store and delivered to express transporter, "Gruz Kargo Limited Şirketi", to be cleared and shipped to address of recipient. Relationships between online store and recipient and online store and express transporter are organized with other agreements; Shipper The party who is legal person who delivers the consignment to be shipped to express transporter, "Gruz Kargo Limited Şirketi" to be delivered to the address.
Recipient A real person who shops on online store for his/her personal use and will receive the fast shipment (consignment) specified in bill of lading.
Customer The person who is shipper or recipient of fast shipment, who has bill of lading, owner of the good or any person who has relevant rights with respect to fast shipment.
Customs Agent/Customs Broker The legal person who executes executions pursuant to customs legislation on behalf of declarant or on instruction of relevant persons in destination country where the fast shipment will arrive. Declaration The person or customs agent (customs broker) who transports and declares fast shipment. Unpermitted Goods Wares, goods or materials which are prohibited to be transported pursuant to legislation of any destination country or any country thet the consignment is to be dispatched.
Goods exempted from customs and transported over customs border. Total value of goods for personal use imported for the same recipient withing last 30 days should not be more than Euro 1.000 (thousand) (should be equivalent of the exchange rate of Russian Central Bank on the date when bill of entry is registered) and total weight should not be more than 31 kg.
2.1. 2.1 These conditions represent an open offer. A consent contract is being made between customer and express transporter, "Gruz Kargo Limited Şirketi" for express transportation of goods.
2.2. 2.2 Signing an individual invoice or delivery of express shipment to express transporter, ‘‘Gruz Kargo Limited Şirketi’’ means that a fast shipment transportation contract is signed between customer and express transporter, ‘‘Gruz Kargo Limited Şirketi’’ and customer accepts the customs accompaniment.
2.3. 2.3 Recipient agrees that express transporter, ‘‘Gruz Kargo Limited Şirketi’’has the right to enter into agreement with third persons in order to perform transportation contract, execute customs procedures or receive different services.
2.4. 2.4 At its sole discretion, express transporter ‘‘Gruz Kargo Limited Şirketi’’ has the right to alter the conditions of contract posted on its own web site, whole or part of the offer subject to public offer alterations by posting any newer version and by notifying customer one week in advance. Any alteration of contract or any part of it comes into force after being posted on web site of express transporter ‘‘Gruz Kargo Limited Şirketi’’ (www.gruzexpress.com).
3.1. 3.1 In case customers have delivered fast shipment to express transporter ‘‘Gruz Kargo Limited Şirketi’’ on their own behalf or on behalf of someone else who has the cargo right, individual customers shall accept the conditions of this contract pursuant to Section 3, Page 438 of Russian Civil Code whether ‘‘Gruz Kargo Limited Şirketi’’signs the individual invoice or not.
3.2. 3.2 Terms and conditions of transportation and customs accompaniment apply to all persons representing transporter. ‘‘Gruz Kargo Limited Şirketi’’ may work with customs brokers and their employees for customs clearance, transportation and receipt of goods.
3.3. 3.3 In case customer gives an additional instruction with regard to fast shipment not included in this contract, it shall be valid only when a supplementary agreement is signed between express transporter ‘‘Gruz Kargo Limited Şirketi’’ and customer.
4.1. 4.1 Express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall not perform the shipment if cargo is assessed as dangerous or might damage fast shipments of other customers.
4.2. 4.2 Express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall not accept products, objects, goods and materials which are prohibited pursuant to legislation of destination countries.
4.3. 4.3 Shipper warrants that he/she had personally prepared the fast shipment package, other services are provided at a secure place, no unauthorized access was allowed in case an authorized personnel had made these preparations during storage and till it was delivered to express transporter ‘‘Gruz Kargo Limited Şirketi’’.
5.1. Recipient accepts for express transporter ‘‘Gruz Kargo Limited Şirketi’’, customs agent, authorized government bodies to open and inspect suspicious or dangerous fast shipments to comply with relevant legislation, including customs legislation and for the sake of not damaging other express shipments.
5.2. Recipient accepts all formalities during customs inspection or other customs procedures executed by express transporter ‘‘Gruz Kargo Limited Şirketi’’ or customs agent determined by express transporter on instruction and on behalf of customer.
6.1. Recipient appoints express transporter ‘‘Gruz Kargo Limited Şirketi’’ as their own agent for customs clearance in destination country under the name OOO "Armadillo İş Koli" (TINPLATE 7713215523, customs agents 0286/01 record inclusion certificate, between 27.02.2015) (Agreement of Customs Agent is presented in 14).
6.2. Recipient agrees to submit necessary documents and information to execute customs clearance to express transporter or to a person authorized by them.- - Tracking Number - - Name of Online Store - - Name and Surname of Recipient - Identification Number of recipient, place and date of issue and serial number of identity. - - Recipient's permanent residential address - - Delivery Address - Information regarding the name, quantity, weight and cost of the good to be delivered - - Passport and/or identity information of recipient - Intended use of goods (at the request of customs officials) - - Actual contract
Upon delivery of these documents by recipient, he/she gives approval for signature of this actual contract in the person of "Armadillo İş Koli" with ‘‘Gruz Kargo Limited Şirketi’’.
6.3 If documents proving the rights of express transporter or persons authorized by them are requested by customs authorities to verify additional import/export declarations of fast shipment, required documents shall be provided and expenses (such as shipment fee) related to them shall be covered by customer within the period determined by customs authorities. Customer can collect these expenses from recipient if he/she wishes.
6.4. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall notify the recipient regarding all potential taxes and expenses.
6.5. Till they make any objection before they sign the bill of lading, customers shall be deemed to approve customs agents acting on behalf of their customers and customs procedures.
6.6. Customers undertake to provide full and accurate information with regard to fast shipment import and export. Customers shall acknowledge that they will be subject to criminal responsibility in case they give misinformation or misstatement about fast shipment or its content in terms of civil activities. For this reason punishment might be imposed on customers if the parcel is seized. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ or the person authorized by them can voluntarily assist the execution of customs and other procedures but all risk belongs to customer. All expenses (court expenses, lawyer expenses etc.) that might be caused in consequence shall be covered by customer.
6.7. Expenses like taxes, warehouse rents etc. related to shipment shall pertain to recipient. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ or customs agent authorized by them are authorized to make these payments on behalf of recipient. In case government or customs authorities request licence or permit related to shipment, customer shall provide these documents.
6.8. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ or persons authorized by ‘‘Gruz Kargo Limited Şirketi’’ perform all necessary transactions to expedite customs clearance process on recipient's instruction but they shall not be held responsible for any delay, loss or damage caused by customs or other government bodies.
7.1. Liability of express transporter ‘‘Gruz Kargo Limited Şirketi’’ is determined pursuant to provisions of international agreements or national laws in case the whole or a part of fast shipment is lost or damaged. Gruz accepts to pay the price of the good for loss or damages caused by Gruz.
7.1.1. If fast shipment is being transported overland; provisions of Convention of Road Transport Agreement shall be applied regarding the liability of loss or damage of fast shipment in case it is forwarded to any country which is a member of International Road Transport Agreement dated 19188.8.131.52. If fast shipment is being made by airway, the liability of ‘‘Gruz Kargo Limited Şirketi’’shall be determined pursuant to Warsaw Convention.
7.1.3. If international conventions don't support, express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall be liable if they don't comply with contract. In case of acts (inaction) of negligence or intention, loss and damage of fast shipment, delivery to wrong address, non-delivery of fast shipment in whole or in part, express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall be liable. It is always limited to declared value of fast shipment in all cases but indemnity of fast shipment shall never be more than Ruble 7990.
8.1. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall not be liable for all kinds of damages and losses (loss of income, loss of market, loss of reputation) incurred by customer which are not caused by Gruz in case of late delivery or loss of customer's shipment.
8.2. The express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall not be held liable in case they can't fulfill their obligations due to force majeure.- Natural disasters; earthquakes, hurricanes, storms, floods, fires, epidemics, fog, snow or frost to cause delay in delivery. - Due to force majeure: war, accidents, public enemies, strikes, embargoes, actions of air dangers for transportation, local conflicts, actions of civil disobedience and they are not limited to them; - technical problems with regard to local or national aerial and road transportation and transportation and equipment; - (In such cases an additional period of 2 days would be requested provided that it is declared and Gruz's liability shall continue. - In case content of fast shipments are confidential or they have natural defects; - Action or inaction of customs authorities, employees of airlines and airports or government authorities; - In case fast shipment includes a prohibited item, material or object and even if express transporter had accepted the fast shipment by mistake. - If fast shipment is damaged due to inadequate of poor quality packaging or if there are no certain signs on package during transportation/transfer.
In case express transporter ‘‘Gruz Kargo Limited Şirketi’’ doesn't fulfill their obligations as required customer shall not make a claim through third persons related to fast shipment on ‘‘Gruz Kargo Limited Şirketi’’.
10.1. Customer shall strictly comply with the provisions of contract of customer and procedural rules stated in 10.1.1 and
10.1.2 within the scope of lost, damaged or delayed fast shipment or other losses. In case of abeyance ‘‘Gruz Kargo Limited Şirketi’’ has the right to reject examination of claim.10.1.1. With regard to lost or delayed fast shipment, customer is obliged to notify express transporter ‘‘Gruz Kargo Limited Şirketi’’ in writing within 21 (twenty-one) days after delivery of shipment to ‘‘Gruz Kargo Limited Şirketi’’ or after the date of delivery of fast shipment or after customer obtains information regarding loss, damage or delay in transportation process. Customer is obliged to provide all documents with regard to fast shipment and/or loss, damage or delay. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall not be liable to act upon any request of right till payment of transportation services is made. Customer shall not have the right to retain the amount of damage from the amount of transportation service. Period of feedback and/or investigation shall not exceed 21 days in loss, delay or damages. The results of investigation shall be notified to Customer within 21 days.
10.1.2. Recipient should leave a note on delivery record with regard to damage during delivery of fast shipment. Otherwise the fast shipment shall be deemed to have been delivered in good condition. In order to assess the claim of damages of fast shipment, recipient should present the content of parcel and original package for inspection.
11.1. Customer agrees that express transporter ‘‘Gruz Kargo Limited Şirketi’’ will use the number of containers and weight to calculate cost when they receive the shipment. Calculated prices are for transportation service provided from point of departure to point of arrival. Additional taxes and expenses caused due to exceed of customs exemption limit of Euro 1000 shall be covered by recipient.
11.2. Customer shall be liable for the payment of import taxes, taxes and other expenses in destination country. In the event that such liability is rejected by the recipient, fast shipment will be returned to sender. In this case customs tax, other costs caused by additional work and other costs incurred express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall be covered by sender.
11.3. Payment for services rendered including the payments for services of customs agent can be made by third persons on recipient's instruction.
11.4. Cost of services rendered by express transporter ‘‘Gruz Kargo Limited Şirketi’’ shall be calculated based on tariffs. (Relationship ???) between Sender and express transporter ‘‘Gruz Kargo Limited Şirketi’’ will be determined by another agreement.
12.1. By accepting the delivery conditions, Recipient also accepts that he/she gave his/her consent for his/her personal information would ne shared with institutions and organizations related to shipment. Relevant personal data shall be kept within relevant institutions and organizations for 365 days.
12.2. The parties are obliged to comply with the requirements of the Federal Law of Russian Federation on "Trade Secrets" in their mutual relationship. During the execution of this contract, information about business or other commercial information shall be kept secret from one of the parties and the party who has this information shall not reveal them to third persons during contract duration and within one year after expiry of contract.
3.12. Express transporter ‘‘Gruz Kargo Limited Şirketi’’ is obliged to provide confidentiality and protection of personal information provided by recipient in compliance with Fedaral Law of Russian Federation No. 152-FZ on "Personal Information" dated 27.07.2006. In addition express transporter ‘‘Gruz Kargo Limited Şirketi’’ is obliged to use personal information of customers only with intention to execute the provisions of this contract. Personal data should not be stored longer than required and destroyed upon completion of operation or in case of loss of need in order to complete the operation pursuant to the requirements of current legislation. According to current legislation, it is necessary to fulfill other requirements of legislation related to protection of personal data within the framework of contract's objective and this also proves that personal data of recipient are destroyed.
1.Terms and Definitions
Products - consumer goods (for personal use) transferred to Contractor for customs clearance on instruction of Customer. Sender - The person who sells products to Customer. Customs Agent - the person who performs customs clearance of parcel on behalf and instruction of customer.2. Subject of Contract Proposal
2.1. Current contract, Article 3 st.A public offer to Contractor by Customer shall be accepted by providing personal data in compliance with Civil Code No. 438 RF.
2.2. Undertakes execution of customs clearance of the goods of customer arriving to Russian Federation on behalf and instruction of customer.
2.3. Adjustments in the territory of Russian Federation in compliance with online store and customer, delivering to customer for transfer to Contractor. Transfer to contractor in territory of the Russian Federation and delivery of the goods to customer shall be determined between internet site and customer.3. Rights and Obligations of Parties: 3.1. Rights and Obligations of Customer: 3.1.1 Rights of Customer:
- the right to obtain any information from Contractor regarding customs clearance of the good; - the right to obtain any information from Contractor regarding personal data and right to give instructions regarding his/her own personal data; - the right to be present during customs clearance transactions of parcel; - the right to perform customs clearance of parcel independently;3.1.2 Obligation of Customer:
Money transfer shall be transferred to contractor by Customer, details are given in section 7 of this contract; - Provides information to Contractor or to the person authorized by Contractor required for documents and customs procedures (customs clearance); - Tracking number (parcel) - Name of Internet store; - Name and surname of customer; - Identity number and serial number of customer, date of issue and place of issue of identity. - Permanent residential address of customer; - Delivery Address - Contact information, quantity, weight and cost of the received parcel; - Copy of Customer's passport; - Letter of appointment for target products. (Upon request of customs officers) - Actual Contract - Actual data containing real features of goods transported over customs border. Accuracy and strict compatibility of explanations contained in relevant documents should be ensured.3.2. Rights and Obligations of Contractor
During customs clearance, customer and contractor have the same rights, they authorize contractor to represent their interests in relationships with customs officers.3.2.1. Contractor is authorized to:
- request information protected by commerce, banking and law under the law of secrets, documents and information required for customs or other confidential information from customer and obtain information with regard to such documents and requirements of Customs Union within time limits of Compliance with Customs Law; - Make payment In accordance with Paragraph 3.1.2 for customs by representing customer. - preliminary inspection and inspection of customer's goods, weighing, repair of damaged packaging, transportation, opening of packaging, packing customer's goods and customs clearance are performed in control of customs. - Contractor has the right to return the parcel to sender in case customs taxes are not paid by Customer within the period specified in paragraph 3.1.2 of this contract.3.2.2. Obligation of Contractor
- Properly fulfilling obligations of this proposal; - Complying with legislation with regard to personal data; - Performing customs clearance on behalf of customer (declaring the parcel, providing information and documents with regard to parcel under customs clearance procedures to customs agent, performing other necessary acts within the frame of customs clearance);4. Liability of Parties.
4.1. The parties are liable to each other in accordance with the legislation of Russian Federation.
4.2. In the event that the information contained in documents submitted for customs clearance is incorrect, Customer shall fully reimburse the Contractor for the amounts of the monetary funds submitted to Contractor by customs authorities of Russia due to breach of customs legislation of Russian Federation.5. Confidentiality
5.1. The parties are obliged to comply with the requirements of Federal Law on "Trade Secrets" for the execution of this contract. Commercial information or other commercial data obtained by one of the parties during the execution of this contract are confidential and the party accepting the contract shall not disclose them to a third party one year after the expiry date of contract.
5.2. Hereby, customer's signature on contractor's bill of lading during delivery of parcel refers to consent of customer for his/her personal data to be processed by Contractor and/or Contractors in line with the objectives of this contract. Contractor is obliged to ensure the confidentiality and security of personal data received from Customer in accordance with the requirements of Federal Law of 152-FZ Federal Law on "Personal Data", dated 27 July 2006. In addition Contractor undertakes that they will use Customer's personal data only to execute this contract, they will not keep this personal data longer than the period required for processing and destroy them upon completion of operation or in case of loss of need in order to complete the operation. To comply with other requirements of legislation for protection of personal data by taking the requirements of current legislation into consideration to execute this contract and confirm that the specified personal data of recipient are destroyed.6. Force Majeure
6.1. The parties shall not be liable in case failure or improper fulfillment of any obligation stated in this proposal is caused by a malfunction or misperformance due to force majeure. These conditions are incidents that none of the parties can foresee and prevent: customs authorities, fire, explosion (except those caused by violations of security regulations), natural disasters, war, embargo, strike, insurrection, riots caused by political reasons.
6.2. The party affected by force majeure is obliged to notify other party regarding force majeure incidents within 5 (five) days from the moment of occurrence and end the validity within the same period. The party which does not make such a notification or makes it after the expiry of aforementioned time limit shall not be authorized to benefit from force majeure conditions. The obligation to prove that it is not possible to fulfill obligations due to force majeure belongs to the party which refers to such conditions. In the event that the conditions foreseen in this section arise, the time for the parties to fulfill their obligations under this proposal shall be postponed in proportion to circumstances and the period for which the results shall apply. In the event that the conditions specified in this section and their results last for more than 3 months, the parties shall negotiate as soon as possible to reach an agreement on possible alternative ways to fulfill this proposal.7. Materials of Customs Agent:
AO "Armadillo İş Koli" 129226, Moscow, sk. Dokukina d. 16, part 1 ITN7713215523, IEC 771601001 PSRN 1027739074142 Current account 40702810000000061231v OJSCАKB«Rosbank» Corresponding account30101810000000000256 BIC 044525256 ANNEX-1: Goods Acceptance Standards