Legal Area
TERMS AND CONDITIONS OF USE
Welcome to our website www.casadei.com ("Website").
These Terms and Conditions of Use govern the access to and use of www.casadei.com. The access to and use of this website as well as the purchase of products on www.casadei.com are based on the assumption that these Terms and Conditions of Use have been read, understood and accepted by you. This website is managed and maintained by The Level s.r.l. ("Provider"), with registered office in Italy at Piazza Arcole 4, 20143 Milan, business register number, tax code and VAT number 12627050961, REA MI-1945372.
Request for further information can be made through our Customer Service. If you need any assistance, go to the CUSTOMER SERVICE area, where you will find information on orders, shipping, returns of products purchased on www.casadei.com, refunds, a registration form, tips and other general information on the services provided by www.casadei.com.
For any other legal information, go to the sections: TERMS AND CONDITIONS OF SALE, RETURNS POLICY and PRIVACY POLICY section on casadei.com. The Provider may amend or simply update all or part of these Terms and Conditions of Use. Any amendment or update of the Terms and Conditions of Use shall be posted for our users on the Home Page of www.casadei.com as soon as such amendments or updates have been made and shall be binding as soon as they are published on the website in this section. Therefore, you should regularly access this section on the website in order to check the publication of the most recent and updated Terms and Conditions of Use of www.casadei.com. If you do not agree to all or part of the www.casadei.com ´s Terms and Conditions of Use, please do not use our website.
The access to and use of www.casadei.com, including display of web pages, communication with Provider, downloading product information and making purchases on the website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of www.casadei.com and its contents. The Provider shall not be considered liable for any use of the website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence.
In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
1. PRIVACY POLICY
We recommend that you read the Privacy Policy which also applies in the event that users access to www.casadei.com and use the relevant services without making purchases. The PRIVACY POLICY will help you understand how and for what purposes www.casadei.com collects and uses your personal data.
2. INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Calzaturificio Casadei S.p.A. – a company with registered office in Via XX Settembre 87, 47030 San Mauro Pascoli (FC), Italie – Numéro de Partita IVA: 00918440405 – and/or Provider and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Calzaturificio Casadei S.p.A. and Provider as the case may be.
Calzaturificio Casadei S.p.A.and/or Provider shall have the exclusive right to authorise or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Calzaturificio Casadei S.p.A. and/or Provider shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by Calzaturificio Casadei S.p.A. and Provider shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
3. LINKS TO OTHER WEB SITES
www.casadei.com may contain links to other websites which are in no way connected to www.casadei.com or the Provider. The Provider does not control or monitor such third party websites or their contents. The Provider shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these websites through the links provided on www.casadei.com and carefully read their terms and conditions of use and their privacy policies. Our Terms and Conditions of Use and Privacy Policy do not apply to the websites of third parties. www.casadei.com provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to websites on the Internet. When the Provider provides links to other websites, the Provider does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.
4. LINKS TO CASADEI.COM
Please, contact the Provider at the following e-mail address: SUPPORT@MAIL.CASADEI.COM if you are interested in linking the Home page of www.casadei.com and other web pages which can be publicly accessible. You are requested to contact the Provider for requesting our consent to link www.casadei.com. The Provider grants links to www.casadei.com free of charge and on a non-exclusive basis. The Provider is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to www.casadei.com has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made unfair competition activities vis-à-vis the Provider or the latter's suppliers, or when the Provider fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.casadei.com or to use unauthorised meta-tags without the Provider consent.
5. DISCLAIMER ON CONTENT
The Provider does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Italy. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you your use of the services provided by www.casadei.com shall be your exclusive and personal responsibility. The Provider has also adopted measures to ensure that the content of www.casadei.com is accurate and does not contain any incorrect or out-of-date information. However, the Provider cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, the Provider cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact our Customer Service by visiting our CUSTOMER SERVICE area. A Provider representative will be at your disposal to assist and help you to restore your access to the web site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow www.casadei.com to operate without any suspensions, interruptions or discontinuity due to updating the web site. The Provider has adopted adequate technical and organizational security measures to protect services on www.casadei.com, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of www.casadei.com, and to avoid unauthorized or unlawful access to such data and information.
6. OUR BUSINESS POLICY
The Provider has adopted a business policy; its mission consists of selling products through its services and its web site to "consumer" only. "Consumer" shall mean any natural person who is acting on www.casadei.com for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.casadei.com. The Provider shall be entitled to object to the processing of purchase orders from persons other than consumers and to any other purchase order which does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.
7. GOVERNING LAW
These Terms and Conditions of Use are governed by Italian law.
TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale govern the offer and sale (together with the documents referred to below, including the TERMS AND CONDITIONS OF USE, RETURNS POLICY and PRIVACY POLICY) of products on our website ("www.casadei.com"). Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on www.casadei.com are directly sold by The Level s.r.l. ("TLG") (hereinafter referred to as "the Vendor" or "We" or "Us"). TLG has its registered office in Italy at Piazza Arcole 4, 20143 Milan, business register number, tax code and VAT number 12627050961.
Request for further information can be made through our CUSTOMER SERVICE area, where you will find information on orders, shipping, refunds and returning products purchased on www.casadei.com, a registration form, tips and other general information on the services provided by www.casadei.com.
For any other legal information, go to the sections: TERMS AND CONDITIONS OF USE, RETURNS POLICY and PRIVACY POLICY section on casadei.com.
1. OUR BUSINESS POLICY
1.1 The Vendor offers products for sale on www.casadei.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.casadei.com.
1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
1.4 These Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.casadei.com between the users of www.casadei.com and the Vendor.
1.5 The Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.casadei.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.casadei.com and third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
2.1 To place an order for the purchase of one or more products on www.casadei.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 The order form contains a summary of these Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
2.3 An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by logging in and visiting the section called Orders, in the MY ACCOUNT area.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 English is the language used for executing contracts with the Vendor.
2.8 After your order form has been submitted, the Vendor will process your order.
2.9 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.casadei.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.10 By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale. Should you not agree with certain provisions of these Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.casadei.com.
2.11 By submitting an order form, you agree and accept these Terms and Conditions of Sale as well as further conditions contained on www.casadei.com, even through links, including the TERMS AND CONDITIONS OF USE and PRIVACY POLICY of casadei.com.
2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 On www.casadei.com, we only offer products marked with the "Casadei" trademark. These products are purchased by us directly from the Calzaturificio Casadei S.p.A. – a company with registered office in Via XX Settembre 87, 47030 San Mauro Pascoli (FC), Italie – Numéro de Partita IVA : 00918440405 – and/or the manufacturer authorised by Casadei S.p.A.
3.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on www.casadei.com on each product page. The products offered for sale on www.casadei.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5 Addresses to which the Vendor cannot ship, will be automatically cancelled.
3.6 All Products sold by www.casadei.com come with an identification tag attached with a disposable seal. When trying on the products you should not remove or alter the tag or seal from the purchased products should you wish to return the purchased product.
4. PAYMENTS
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In case of payment by Credit/Debit Card, our payment system ensures secure transactions, since all financial information (credit card number, expiry date, etc.) go directly to an external payment service provider (PSP) which, thanks to a VeriSign-certified system based on SSL 128 bit encryption protocol, guarantees the security of online transactions. Such financial information will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
For specific product shipping and delivery procedures see the CUSTOMER SERVICE area. Please read these sections carefully. The information provided in these sections forms an integral part of these Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
6. CUSTOMER SERVICE
Please contact our CUSTOMER SERVICE for further information: CLICK HERE to contact the Customer Service directly.
7. CONSUMER RIGHTS AND THE COOLING-OFF PERIOD
7.1 If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from www.casadei.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) working days, beginning with the day after you received the products. In this case you will receive a full refund of the price of the products in accordance with this Clause 8 and Clause 10 below.
7.2 You should ship the products to the Vendor within fourteen (14) working days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 To return the products:
A. you should notify us in writing within fourteen (14) working days, (beginning with the day after you received the products) by completing and submitting the online Return Authorization Request. You should keep a record of your cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the identification tag should still be attached to the products with the disposable seal;
D. the products should be returned in their original packaging;
E. the products should be shipped to the Vendor within fourteen (14) working days following cancellation of the contract.
7.4 If you cancel the contract within the fourteen (14) working days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within thirty (30) days of the day on which you gave notice of your cancellation. The Vendor will refund the price of the product in full, including the cost of sending the item to you and back to the Vendor.
7.5 You can return the products to the Vendor either by:
A. the approved courier (as indicated on the online Return Authorization Request) via the pre-paid, personalised return label enclosed in you original order;
B. by packaging the relevant products securely and sending them to the Vendor using your Return Authorization Number (as provided via the online Return Authorization Request). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(a).
8. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
8.1 If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor's approved courier (as indicated on the Return Authorization Request), or by refunding your return postage costs).
8.2 You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within thirty (30) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Service to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 To return the products:
A. you should notify us in writing as soon as practicable and in any event within thirty (30) working days, by completing and submitting the online Return Authorization Request. You should keep a record of your cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the identification tag should still be attached to the products with the disposable seal;
D. the products should be returned, complete and unused, with their original packaging;
E. the products should be returned to the Vendor within seven (7) working days following notification to the Vendor of the damaged or defective product or of the Vendor's error.
8.4 The Vendor will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within thirty (30) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you.
8.5 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
8.6 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.
8.7 We will usually refund any money received from you using the same method originally used by you to pay for the purchase.
8.8 The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. The Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example delays caused by Credit Card/Debit Card companies refund policies.
8.9 For payments made by cash on delivery, you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return Authorization Request. Please remember it is necessary to have a Bank account in order to receive a refund for Cash on Delivery orders.
9. PRIVACY
9.1 You will find information on how we process your personal data by visiting the PRIVACY POLICY in the Customer Service Area.
9.2 You are advised to read, if you haven't already done so, our TERMS AND CONDITIONS OF USE which also contain important information on how we process the personal data of our users and on the security systems of www.casadei.com.
9.3 For further information on our Privacy Policy you can contact us at PRIVACY@MAIL.CASADEI.COM or at Vendor's registered offices located in Piazza Arcole 4, 20143 Milan, Italy.
10. GOVERNING LAW
These Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
11. AMENDMENTS AND UPDATES
The Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new Terms and Conditions of Sale shall be effective as of the date of publication on www.casadei.com.
RETURN POLICY
Our purpose is to guarantee your full satisfaction. If, for any reason whatsoever, you are not satisfied with your order, you may exercise your right to return purchased products within fourteen (14) working days from the date on which you received them from www.casadei.com. Returned items must be shipped back to the Vendor within fourteen (14) working days from the date the package was delivered to you. The products may be returned by dispatching the package through the shipping agent indicated by the Vendor (UPS; DHL - for Russia), or through another shipping agent. We also invite you to complete the Return Authorization Request available on the web site in the Customer Service area, in order for us to provide you with a Return Authorization Number. It is not possible to return an item in exchange for another.
1. TERMS AND CONDITIONS OF RETURN
The right to return products shall be deemed correctly exercised once the following conditions have been fully met:
A. we invite you to correctly fill in and submit the online Return Authorization Request to the Vendor within fourteen (14) working days from the date of your receipt thereof;
B. the products have not been used, worn, washed, modified or damaged;
C. the identification tag is still attached to the products with the disposable seal;
D. the products are returned in their original packaging;
E. the returned items must be shipped back to the Vendor within fourteen (14) working days from the date the package was delivered to you.
If you have fulfilled all requirements set forth above, the Vendor shall refund the entire price for the purchased products. Should you decide to use the courier indicated by www.casadei.com in the online Return Authorization Request, you will not have to directly take care of the return shipping costs.
You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you. If you refuse the above delivery, the Vendor reserves the right to retain the products and the amount paid for your purchase of the products.
2. REFUND TIMES AND PROCEDURES
Every effort will be made to ensure a prompt refund. After our warehouse has received and processed the returned products and checked that all the requirements have been met, you will be refunded within fourteen (14) days. The time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:
A. payments by credit/debit card: refunds, in this case, may take up to 10 additional business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and we are unable to influence this. Remember that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;
B. payments cash on delivery (if available): you will be refunded for the amount paid for the products returned to the current account you indicate; the time needed for refunding, therefore, depends on the accuracy of the information you provide [IBAN, BIC and swift codes]; normally refunds take place within thirty (30) days. Please remember that you will need to have a bank account in order to receive a refund for an order paid in cash on delivery.
C. payments via PayPal (if available): the amount refunded to your Paypal account will be visible within 48 hours after receiving the email confirming the reimbursement. Repayment to the credit card you use with your PayPal account depends on the credit card issuer.
If your order has been sent to a destination within the EU, all sales taxes (VAT) will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through the Casadei Online Store. However, you may be able to recover these by contacting your local customs bureau directly.
3. IDENTIFICATION TAG
All products sold by the Vendor include an identification tag with a disposable seal. Please try on the products without removing the tag and seal. Returned products without the tag or seal will not be accepted.
4. UPS
As advised by the Vendor, returned products may be shipped by the package delivery company UPS, using the pre-printed label enclosed in the package in which the products were shipped. If you use UPS, the Vendor will be paying the shipping costs and track the package at any time. Please contact UPS (or visit their site: WWW.UPS.COM) to organise pick-up. If you decide to use a different shipping courier than the one provided by www.casadei.com, you will have to pay for the cost of return shipping upfront and you will be responsible in case of loss or damage to the products during transport. For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier.
DHL
The Vendor uses DHL service for delivery to Russian Federation. Please carefully read Terms and Conditions of this company below.
DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)
These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.
1. TERMS USED HERE IN:
Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments. Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time. Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery. Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.
2. T&C SUBJECT MATTER:
2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”). 2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website. 2.3. Under the applicable legislation in Russian Federation Express Carrier and Customs Broker shall have the right to demand from Consignee documents and information necessary for international delivery of Express Shipments and customs operations in respect of Express Shipment, including those containing information comprising commercial, bank and other secrets protected by law, or other confidential information, and obtain such documents and information within the time limits ensuring observance of the requirements specified in the applicable legislation. Express Carrier and Customs Broker hereby acknowledge and confirm that the obtained information comprising state, commercial, bank and other secrets protected by the law or other confidential information must not be disclosed or used by Express Carrier and Customs Broker and their employees for their own purposes, handed over to other persons, except for the cases envisaged in the applicable legislation in Russian Federation other cases when disclose of the information is required for international delivery of Express Shipments and customs operations in respect of Express Shipment.
3. DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE
3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below: Deliveries and Undeliverables Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper. Inspection DHL has the right to open and inspect Shipments without notice. DHL’s Liability DHL’s liability is expressly limited to direct loss and damage only and cannot exceed per kilo/lb limits pursuant to Section 5.6. Any other types of loss or damage whatsoever are excluded (including but not limited to lost profits, 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 DHL’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’s liability in respect of any one Shipment transported, without prejudice to Section 5.7, is limited to its actual cash value and shall not exceed: - an amount calculated based on $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or - an amount calculated based on $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road. Claims are limited to one claim per Shipment; settlement of such claim will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient they must make a special declaration of value and request insurance or make their own insurance arrangements, failing which Shipper assumes all risks of loss or damage. Time Limits for Claims All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever in respect of those claims. Delayed Shipments and Money-Back Guarantee DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays. Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service. Circumstances Beyond DHL’s Control DHL is not liable for any loss or damage arising out of circumstances beyond DHL’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 made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action. International Conventions If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage. Routing Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places. Governing Law Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, 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. 3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
4. CUSTOMS OPERATIONS TERMS & CONDITIONS
4.1. Customs Broker: 4.1.1 may performs customs declaration of Express Shipments; 4.1.2. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email; 4.1.3. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments. 4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request. All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF. 4.3. The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost. 4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.
5. LIABILITY OF THE PARTIES
5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice. 5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them. 5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.
6. SERVICE FEES AND PAYMENT FOR CUSTOMS OPERATIONS:
6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder. 6.2. The Consignee must pay for the Customs Broker’s services. 6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.
7. GENERAL PROVISIONS
7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.