Terms of Service
Last updated on October 02, 2016
www.shipitwise.com website, including its subpages and its related services are run by Shipitwise OÜ (hereafter referred to as “Shipitwise”, “us”, “we”). Shipitwise (registry no. 12782309) is a limited liability company registered at Papiniidu tn 29-75, Pärnu 80022, Estonia.
The services offered on the Shipitwise website consist of international shipping services as provided via our website, including parcel delivery, packaging, parcel storage and terminal services for small businesses and consumers (“Services”).
By accessing or using Shipitwise website or Services you acknowledge that you have read, understood, and agree to be bound by these terms (“Terms”).
If you have any questions, please contact us at firstname.lastname@example.org.
To ship an item you must complete the shipment application presented on the website. The information provided in the application must be accurate, current and complete. Once the shipment application has been submitted we will assess the information submitted and provide you the estimated cost of the delivery by e-mail. On certain routes we are able to provide the estimated cost instantly upon your completion of the shipment application.
The shipment fee depends on the origin and destination of the shipment, item of the shipment, measurements and weight of the shipment, packaging necessity and whether you mark the delivery as time critical. Shipment fee includes storing and shipping of your item, applicable taxes as well as insurance fee up to 40 000 EUR for the delivery of the shipment item.
The invoice with the estimated shipment fee shall be sent to your e-mail within two business days upon the submission of your shipment application. You are obliged to either transfer the shipment fee to the bank account indicated in the invoice or, if provided, pay the shipment fee by credit card by following the instructions presented on the website.
Your shipment will be picked up and delivered once the shipment fee has been paid in full. If you are using our Services as a juridical person, the shipment fee must be paid within 30 days of the invoice.
Please note that the estimated shipment fee is based on the correctness of the information submitted in your shipment application. You hereby acknowledge that if the actual measurements, weight or packaging necessity of your shipment item are not in conformity with the information provided, the shipment fee shall rise accordingly. In such instance upon our pertinent notification you are obliged to pay the additional sum due. If you so request, or have not paid the additional sum due within 7 calendar days from receiving the notification, we shall return the shipment and the fee to the pick-up address. You hereby acknowledge that if the shipment item shall be returned due to your request or refusal to pay the additional sum due, we have the right to retain, from the shipment fee, the sum equal to our expenses arising from the initial transport and storing of your shipment item.
The delivery time depends on the origin and destination of the shipment and the shipment item. Upon the submission of your shipment application we calculate and provide you various delivery options, which differ on the estimated time of delivery and the price, thus giving you the option whether to prioritise price or speed of delivery.
If the shipment does not arrive by the 10th day after the estimated delivery date, Shipitwise shall reimburse you 10% of your shipment fee for each additional day delayed, but no more than the full shipment fee paid by you.
If you have marked the shipment as “time critical”, Shipitwise shall reimburse you the full shipment fee paid, if the shipment does not arrive by the date established in the shipment order.
Shipitwise will not reimburse late delivery to the extent the delivery was late due to your failure to hand over or receive the shipment at the agreed place and time or you have otherwise failed to act in accordance with these Terms.
PICK-UP AND DROP-OFF
After the shipment fee has been paid we shall contact you either by e-mail or phone as provided in your shipment application and agree on the time of pick-up and/or drop-off. To the best of our ability we shall arrange the pick-up and drop-off of your shipment item taking into account your preferences indicated in the shipment application.
You or your appointed third person is obliged to be at the pick-up/drop-off location at the agreed time. If you are not at the pick-up/drop-off location at the agreed time, we shall contact you and agree on a new time. You hereby acknowledge that in such case you are obliged to pay an additional fee of up to 100 EUR. Shipitwise has a right to refuse to collect/deliver the shipment item, until the additional fee is paid.
You may either order us to package the shipment item or package it yourself. If you order us to package the shipment item, we shall guarantee that your shipment item will be packaged in accordance with the standards and practices generally accepted for the shipment of the particular item. We shall remain liable if the shipment item incurs any damage due to insufficient packaging by us.
In case you package the shipment item yourself, you are obliged to package the shipment item in a manner which would ensure the protection and safety your shipment item as well as the surrounding shipments. We are not liable for any harm or damage incurred in course of the shipment due to your insufficient packaging of the item. You shall remain fully liable for any damage incurred to your or other packages due to harm caused by your insufficient packaging of the shipment item.
Please note that if the shipment item has not been packaged to a sufficient quality, we may refuse to provide you the Services. In such instance, after our notification you may either request us to provide you sufficient packaging or return your shipment item and the fee (minus the expenses incurred by Shipitwise).
Until the shipment item has been delivered, you may at any time withdraw from this shipment agreement and request returning of your shipment item by sending us a pertinent e-mail. In such instance we shall return your shipment item to the pick-up address within reasonable timeframe. Please note that we shall withhold, from the shipment fee, the sum equal to our expenses arising from the transport and storing of your shipment item. The remainder of the fee shall be returned to your bank account.
YOUR REPRESENTATIONS AND OBLIGATIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Services for providing competing delivery services or for any illegal or unauthorized purpose, nor may you, in the use of our Services, violate any laws in your jurisdiction.
You represent and warrant to Shipitwise that you have obtained all permissions, releases, rights or licenses required to engage in using Services in regard of your shipment item. Your activities in connection with the Services, and Shipitwise’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right.
You must not transmit any worms or viruses or any code of a destructive nature throughout using the website or Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your right to use the Services. You agree to reimburse Shipitwise for any expenses or costs, including consequential damages, we or anyone else may incur as a result of a breach of the foregoing representations and obligations.
RIGHT TO REFUSE SERVICES AND CARRY OUT INSPECTIONS
While we aspire to deliver all types of items to all destinations, we cannot give any guarantees. Your shipment application is subject to our approval. We reserve the right to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
You are not allowed to use Services to ship the following items:
- human corpses, human body parts, human embryos, or cremated or disinterred human remains;
- shipments that may cause damage or delay to equipment, personnel or other shipments;
- lottery tickets and gambling devices where prohibited by law;
- hazardous waste – this includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste;
- packages that are wet, leaking or emit an odor of any kind;
- live and dead insects;
- items that are prohibited to either be possessed or shipped by applicable local, national or international law.
We reserve the right to open and inspect your shipment at any time if we suspect shipment of prohibited items or have reason to believe that you are using our Services for illegal purposes or in violation with these Terms. We may permit and/or contact government authorities to carry out inspections and seize shipments as they may consider appropriate.
We are not responsible for and hereby disclaim any liability relating to any nondelivery of any items that are prohibited by these Terms or by law and any such items may be turned over to authorities, discarded, or returned to you.
THIRD PARTY SERVICE PROVIDERS
You hereby acknowledge that we may use third party service providers for delivering your shipment.
Shipitwise shall remain liable if your shipment should get damaged, lost or destroyed in the course of delivery, unless as stated otherwise in these Terms. Please note that the maximum amount of Shipitwise liability arising from delivering your shipment is equal to the value of the shipment item indicated in your shipment application. In any case, the maximum sum of Shipitwise liability is 40 000 EUR. You hereby acknowledge that if the value of your shipment item exceeds the sum indicated in the shipment application or the maximum liability, Shipitwise will not reimburse you the exceeding sum.
Shipitwise shall not be liable for any loss, harm or damage you may incur due to late delivery of shipment, unless explicitly stated otherwise in these Terms.
Shipitwise is not liable for damage to your shipment or any damages or harm you or a third party might incur which results from your noncompliance with these Terms.
If the shipment item has been damaged in course of its delivery (in the period between pick-up and drop-off of the item), you must notify us at the earliest opportunity, but no later than 30 calendar days from receiving the shipment. We will not reimburse any damages incurred in the course of delivery, if you have not notified us in the foregoing timeframe.
Our Services and website are provided on an “as is” basis and, other than expressly set out in the Terms, without warranties of any kind. Although we are striving to provide you as quality Services as possible, we do not warrant that our website or Services will be error-free and uninterrupted. No information, advice or services obtained by you from Shipitwise or through the website shall create any warranty not expressly stated in these Terms. Unless explicitly stated otherwise in these Terms, to the maximum extent permitted by applicable law Shipitwise or its directors, employees, partners and agents, are not liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, lost sales, data or other losses arising out of or in connection with your use of website and/or Services.
FILING A CLAIM FOR DAMAGES
If you or third party recipient indicated by you accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and original packing must be available to us for inspection and retained until the claim is resolved. Written documentation (such as a receipt, invoice or quote for repair services) showing the actual purchase cost of the items or the reasonable cost to repair or replace such a lost or damaged item supporting the amount of a claim may also be required. All supporting documentation must be submitted within 30 days of claim initiation and maintained by you until the claim is resolved.
To the extent not expressly indicated otherwise in these Terms you agree to defend, indemnify and hold harmless Shipitwise and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the website and/or the Services.
If any of the provisions of the Terms proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Terms will continue to apply in full. We will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of the Terms, correspond as much as possible to those of the invalid stipulation.
We reserve the right, at our sole discretion, to make changes to the Terms at any time. If a revision is material we will provide at least 14 days notice on the website prior to any new terms taking effect. By using our Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to Services shall be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusive jurisdiction of such courts.
In case of any questions or if you wish to submit a complaint, please contact us.
If you use our Services as a natural person, are an EU citizen and wish to submit a complaint about the Services, you may also submit the complaint via the EU online dispute resolution platform, which can be accessed here. Information on the proceedings can be also found on the foregoing webpage.