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Terms and Conditions

These terms and conditions apply to the services provided to you by us, unless we have entered into a written agreement with you which is signed by a person who is fully authorised to enter into a contract for us.

THESE CONDITIONS LIMIT OUR LIABILITY. PLEASE READ CONDITION 7 VERY CAREFULLY TO MAKE SURE THAT YOU FULLY UNDERSTAND THESE CONDITIONS. YOU ARE ADVISED TO PURCHASE INSURANCE IF YOU WISH TO COVER YOUR RISK ABOVE THESE LEVELS.

1 Who is covered by these terms and conditions?
These conditions apply to you, the sender, of the shipment of items and anyone else who has an interest in the shipment. Your contract is with the G3 Worldwide Mail N.V. subsidiary, affiliate or associate who arranges the collection of the shipment from you in your country but these conditions can also be relied upon by us, which means G3 Worldwide Mail N.V. and all of our affiliates and anyone who collects, transports, delivers or otherwise handles the shipment or any of its contents. A change to these conditions is only valid if there is a separate written agreement, signed by the sender and a fully authorised representative of G3 Worldwide Mail N.V. Unless we have a separate written agreement with you which says otherwise, we will choose the routing of your shipment and the subcontractors we use.

2 What items do we not accept?
We do not accept any items which are prohibited by transport or postal conventions, the rules of any international air transport or other association, or items which we believe may be unsafe to handle or items which are illegal in the country of origin, destination or any third country through which the items travel (these are called “Prohibited Items”). We may ask you to show us samples of the items you wish to ship, to make sure that they are not Prohibited Items but, whether or not we do ask for this, it is your full responsibility to ensure that no Prohibited Items are handed over to us. If you do hand over any Prohibited Items, you agree to indemnify and hold us fully harmless from any claims made against us and for any loss, liability or damage we may incur and you also agree that we can deal with any Prohibited Items in whatever way we think fit. We reserve the right to refuse to accept or collect a shipment from you, at any time, for any reason including if we have reason to believe the shipment contains Prohibited Items.

3 We do not accept dutiable items without a special agreement
Unless we have agreed in writing to take items which are dutiable, you must not hand over to us any shipments which have contents which are subject to import taxes or duties or which require customs clearance, and we do not have to transport, handle or deliver items which do require customs clearance. It is your responsibility to tell us accurately what the contents of the shipment are. If you do not do so, you will be obligated to reimburse us for all costs we incur as a result of your failing to do so. We will try to contact you to reach agreement on how to deal with any items which require customs clearance but, in order to minimise our costs and disruption to our business, you must understand that, unless we have agreed in writing to take the items, we can deal with them in any way we consider appropriate (which may involve arranging for delivery, returning them to you or arranging for collection by you or selling or destroying the items). If you do hand us dutiable goods, you

will have to pay all duties, taxes and other costs we might incur in dealing with those items,
confirm that we are appointed to act as your customs agent,
will provide us all assistance as is necessary to enable us to act in such a capacity, and
will fully compensate us for any costs whatsoever which we incur in acting as your agent.

4 Opening items
In order to make sure that there are no dutiable items or Prohibited Items (these are described in condition 2) or to confirm the nature or value of declared items, we may need to open your shipment. You understand that we have this right and will hold us harmless against any claims we may receive or make good any loss or damage we incur.

5 When and how much you will have to pay for the services
Unless we have made another agreement with you in writing, the price for delivery and handling of the shipment is the rate set out in the published tariff at the time we collect the shipment. Tariffs can change so you should make sure that you are aware of the tariff, which is in force whenever you make a shipment. Unless we have agreed anything else with you in writing, you must pay us within 7 days of collection of the shipment or, if we have sent you an invoice for any payment, you must pay us within 7 days of the date of that invoice.

6 What happens if you do not pay or you pay us late
If you are late in paying we lose interest on the money and incur administrative costs in trying to recover payment. Accordingly, we may charge you interest for every day payment is overdue at a rate of 1% per month of the overdue amount. If we need to take action to recover payment from you, you agree to pay us for all of our costs, including reasonable attorney’s fees. Even if you have a claim that the service was not properly performed, you agree to pay the charges for the shipment and all of our costs. If you have a claim, the claim will be handled under condition 9. In order to ensure that we are secured against non payment by you, you grant us a security interest in and over any shipments you have given to us and which are in our possession and authorise us to deal with those items in whatever way we consider appropriate (including, but not limited to, selling, holding or destroying the items) in order to recover some or all of the payment from you and/or to reduce our own costs or disruption to our business.

7 The extent of our liability
We often need to rely on several other people to provide the service to you, some or all of whom limit or exclude their liability to us. We, therefore, do not accept unlimited responsibility for anything that happens to your shipment. If your shipment, or any of the items, is lost or damaged we will compensate you for direct losses which you suffer (i.e. the actual cost of the lost item), up to a maximum of €100 per shipment (or the equivalent in the currency of the country in which you are resident). We do not accept and expressly disclaim any liability for special, indirect, incidental or consequential losses or damages (including, but not limited to, loss of opportunity, wasted costs or lost profits) or loss which is caused by something over which we have no direct control. Unless we have a specific agreement with you in writing, we do not accept any liability if your shipment is delayed. If your shipment needs protection above the limits in these conditions, we strongly advise you to take out appropriate insurance.

8 Undelivered items
If a shipment or any item is not delivered for whatever reason, you permit us to open the item and to try to return it to you, at your cost. We will try to contact you to reach agreement on how to deal with such items but, in order to minimise our costs and disruption to our business, you agree that we can deal with such undelivered items in any way we consider appropriate (which may involve arranging for delivery, returning them to you or arranging for collection by you or selling or destroying the items).

9 How to claim if your shipment or any items are lost or damaged
If you do have a claim for loss or damage to a shipment or any items contained in a shipment, you agree that you will:

report it in writing to the general manager of the company who collected your shipment (their details will be available from the local customer service centre); and
do so as soon as possible and, at the very latest, within 30 days of the date of collection.

If you do not, we will not accept liability for any such lost or damaged items.
In case you are discontent about the handling of your claim by us and you are a resident in Belgium, you can lodge an appeal to the ombudsdienst (OMPS) voor de postsector, established by law of 21 March 1991(ombudsdienst voor de postsector, Koningstraat 97 bus 5, 1000 Brussel, www.omps.be, fax: 02 221 02 44).

10 Postal regulations
Under certain postal regulations, it is possible for the postal administration in many countries to levy a surcharge or even to return or refuse to deliver mail. This can happen if, for example, you post mail using the services of a foreign postal administration but you are resident in the country in which the mail is to be delivered (this is called “ABA re-mail”) or if you post mail for delivery in a third country, using the services of a postal administration which is not the postal administration in your country of residence or the country of final delivery (this is called “ABC re-mail”). If any situation occurs where any of your shipments are subject to surcharging, non-delivery, return or even destruction as a result of postal regulations, you will be fully responsible for the consequences and will hold us completely harmless against all costs arising from such action but you will also help us to challenge any such claims if we ask you to do so.

11 Data protection
If, in relation to the services, you provide us with personal data (i.e. data which may be linked to files that can be traced back to individual persons) the following terms will also apply. If you provide us with personal data, you guarantee that you have complied with all the applicable laws and regulations relating to the protection of privacy and that said laws and regulations permit the provision of this data to us and the processing of this data by us. You will indemnify us against claims from third parties that arise as a result of non-compliance with these laws and regulations. We will only perform the tasks as instructed by you. We will not use the personal data for any other purposes and we will maintain confidentiality in respect of the personal data which we are instructed to process. We shall take adequate technical and organisational measures to protect the data against loss or any form of unauthorised processing. We shall be entitled to retain any sub-contractor to perform part or all of the services on our behalf, provided that said sub-contractors apply the same measures as mentioned in this section.

12 Where disputes will be dealt with
We have tried to make these conditions as clear and fair as possible. However, in the event of any dispute between you and us in respect of any service or shipment covered by these conditions, you agree that: these conditions and our agreement will be governed by and construed in accordance with the laws of the Netherlands and that, in the unlikely event that there is a dispute about the conditions, you must sue us in the courts in Amsterdam, the Netherlands, where our head office is located. There is one exception to this rule. If you have not paid us and we need to collect money from you, you agree that we will be allowed to take legal action in any country where we believe we are able to collect the debt.