International Shipping
Terms and conditions of carriage and other services.
1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us","our"and TROFOS means TROFOS TEAM running the e-shop www.trofos.com
"you" and "your" means the receiver of the shipment.
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment.
"other services" means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services.
"shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not.
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage and of other services is with the UPS or Hellenic Post Office company or the subsidiary or affiliate of UPS or Hellenic Post Office that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
4.1. Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
4.2. By concluding any type of contract with us that involves the carriage of goods you agree that:
- the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
- the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;
- the contract is a contract of carriage of goods by sea if the carriage of the shipment actually takes place by sea;
- the contract is a contract for the performance of other services if related to non- carriage services.
5. SHIPMENT
5.1. The countries we can deliver the orders are:
Albania, Andorra, Argentina, Armenia,Australia, Austria, Bahamas, Bahrain,Belarus, Belgium, Bolivia, Brazil,Brunei, Bulgaria, Canada, Chile,Colombia, Costa Rica, Croatia, Cyprus,Czech Republic, Denmark, Egypt, Estonia,Finland, France, Germany, Honduras,Hungary, Iceland, India, Indonesia,Ireland(Republic), Israel, Italy, Japan,Jordan, Korea South, Kuwait, Latvia,Lebanon, Liechtenstein, Lithuania, Luxembourg,FYROM, Greece, Malaysia, Malta,Mexico, Moldova, Monaco, Montenegro,Netherlands, New Zealand, Norway, Oman,Panama, Paraguay, Peru, Philippines,Poland, Portugal, Qatar, Romania,San Marino, Saudi Arabia, Serbia, Singapore,Slovakia, Slovenia, South Africa, Spain,Sweden, Switzerland, Taiwan, Thailand,Turkey, UAE, United Kingdom, United States,Uruguay, Venezuela
5.2. Countries with additional requirements in delivery:
CANADA --> Alcohol consignments must travel under airfreight to the province of destination as it is not allowed with normal UPS network. For these shipments, please contact TROFOS Helpdesk.
USA --> FDA usually allows 2 bottles of alcohol as maximum quantity, if sent as a personal shipment. If personal shipments are being shipped regularly to individuals, a permanent permit may be required.
Please also note that retail shipments up to 200 USD are allowed if the receiver is the person that made the order and 100 USD if the receiver is a third party (e.g. if send to somebody as a gift)
AUSTRALIA --> Quarantine permit required by importer. (only for foodstuff and olive oil). Alcohol is not restricted. Duties and taxes are mandatory charged on all shipments (approx. 40% of the value + freight cost)
JAPAN --> For wine shipments : If shipment's weight is less than 10kgr sender must include certificate of origin issued by the concerned authority, stating ingredients, manufacturing process, details of wine producer etc.
Exceptions:
Honey: Must travel as airfreight to the province of destination as it is not allowed with normal UPS network. For these shipments, please contact TROFOS Helpdesk.
Olives: Must travel as airfreight to the province of destination as it is not allowed with normal UPS network. For these shipments, please contact TROFOS Helpdesk.
UNITED KINGDOM --> In general there are no restrictions but sometimes it is advised to be avoided too much quantity ordered for one product e.g. three bottles of olive oil in one order.
SWEDEN --> In general there are no restrictions but sometimes it is advised to be avoided too much quantity ordered for one product e.g. three bottles of olive oil in one order.
5.3. Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
5.4. You declare that we have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
5.5. We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
5.6. We assume that you have selected the transportation way that fits your need and we are not liable for any differences that might appear in order that do not exceed weight of 2 kgr where express delivery might be cheaper than economy.
6. EXPORT CONTROLS
6.1. You assume responsibility for and guarantee compliance with all applicable export controls laws, including but not limited to regulations and rules that prohibit unauthorised trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.
6.2. You are responsible at your expense for determining export and import licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.
6.3. We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
7. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
8. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion. You have to check the days of delivery when placing the order because if you have selected the economy way it might need more days.
9. CUSTOMS CLEARANCE
9.1. You appoint UPS as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
9.2. Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
9.3. We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
10. INCORRECT ADDRESS AND P.O. BOX NUMBERS
10.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
10.2. Deliveries to post office box numbers are not accepted except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of UPS that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
11. DELIVERY OF YOUR SHIPMENT
11.1. Deliveries of shipments normally take place 9am-17pm Monday to Friday. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver’s instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
12. SPECIAL DELIVERY INSTRUCTIONS
12.1. The receiver of a shipment may give special instructions to us (by means of a TROFOS website or any other medium) to deliver the shipment to another location/person (being for example a neighbour and/or neighbouring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
12.2.1. our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
12.2.2. we shall not be liable for any loss or damage in any way as a result of our performance of your special delivery instructions;
12.2.3. you shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers’ fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
13. EXTENT OF OUR LIABILITY
Liability for Transportation Services
13.1. Subject to Clause 14 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
13.1.1. If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo.
13.1.2. If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
13.1.3. If we carry your shipment by road within a country that is not party to the CMR or between two countries neither of which is a party to the CMR, our liability for loss, damage to your shipment shall be deemed to be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
14. EXCLUSIONS OF LIABILITY
14.1. We are not liable if we do not fulfil any obligations towards you at all as a result of:
14.1.1. circumstances beyond our control such as (but not limited to):
• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• latent defects or inherent vice in the contents of the shipment;
• criminal acts of third parties such as theft and arson.
15. TIME GUARANTEED PRODUCTS
If we fail to deliver time guaranteed products (that we may offer and that you order) within the time specified and if our failure was not caused by any events set out in Clause 14.1 and if you notify us of your claim in compliance with Clause 17, we will charge you for the actual delivery service provided (e.g. before noon) rather than charging the price we quoted for the service you asked for (e.g. before 9 am), within the same product category as the service you ordered.
16. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
17. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
17.1. you must notify us in writing about the loss, damage or delay within 21 days (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services.
17.2. you must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim.
17.3. we are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
17.4. we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
17.5. in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
17.6. the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
18. RATES AND PAYMENT
18.1. You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 7 days from the date of our invoice(for UPS) without withholding, deduction, counterclaim or set off.
18.2. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
18.3. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request from any of our offices in the country from which the shipment is invoiced.
18.4. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our rate card. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.
19. RATES AND PAYMENT
19.1. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to UPS by the receiver upon delivery of the shipment and if the receiver refuses to pay then we hold the right not to deliver the ordered goods.
19.2. You agree to pay our reasonable and proper cost of delivery and you .
19.3. The door to door delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
19.3.1. formal customs entries involving more than three different commodities;
19.3.2. customs bonds or the need to deliver goods under a customs bond;
19.3.3. temporary import facilities;
19.3.4. clearances involving a government department other than the customs authority. We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver.
19.4. You agree with (the receiver of the shipment or another third party) that you will pay our charges for delivery and/or any duties, taxes, penalties, bonds, assessments, expenses, surcharges and fines levied or incurred by us in connection with the shipment. If the receiver or other third party refuses to pay our charges for the carriage we withhold the right not to deliver the order.
19.5. We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.
19.6. You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
20. LAW AND JURISDICTION
20.1. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
20.2. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary of TROFOS or branch is based.