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1. Site activity
2. Site content and intellectual property
3. Third Party content
4. Product information
5. Product purchase
6. Order processing
7. Payments
8. Shipping and delivery
9. Pricing
10. Vouchers and Discounts
11. Defective and non-conforming Products
12. Product exchanges and returns
13. DISCLAIMER OF WARRANTIES
14. LIMITATION OF LIABILITY
15. Indemnification
16. Communications
17. Miscellaneous
18. DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)
This site ("Site") is owned and operated by Brunello Cucinelli S.p.A. ("Brunello Cucinelli").
Every user visiting and using this Site (“User”) accepts and is bound by the provisions set out in these Terms and Conditions. Visitors in disagreement with the provisions of these Terms and Conditions should immediately leave this Site. Brunello Cucinelli reserves the right to modify, add or delete any part of these Terms and Conditions at any time without prior notice. Any amendment to these Terms and Conditions will be immediately effective after being posted on this Site and will govern all the subsequent activities on the Site. Continued use of this Site confirms your acceptance of any such modifications.
1. Site Activity
This Site displays and promotes the sale of products marketed under the registered trademark "Brunello Cucinelli" ("Products").
These Terms and Conditions govern the rights, duties and obligations of the seller ("Seller") and of the customers (“Customers”, as defined under the following Article 5) with respect to the sale of Products and the correct processing of any order on this Site ("Order").
This Site includes multiple features to promote the sale of Products and enable Users to make informed purchase decisions, such as the ability for Users to:
• Complete online purchases of Products;
• Register on the Site and activate a personal account to access dedicated areas and content;
• Subscribe to mailing lists to receive newsletters regarding Products and initiatives of the Site;
• Participate in promotional activities;
• Carry out other activities in strict accordance with the Site’s policies.
Users are required to:
• Provide true and accurate personal information when they register to the Site and/or submit Orders;
• Ensure that their personal information stored on the Site is regularly updated;
• Subscribe to mailing lists to receive newsletters regarding Products and initiatives of the Site;
• Read the Privacy Policy;
• Store their credentials to access the “Your Page” area in a safe place.
Every User shall act in accordance with these Terms and Conditions, the Privacy Policy, the Cookie Policy and all applicable laws and regulations.
Brunello Cucinelli reserves the right to terminate or suspend access to, or use of, the Site by a User, without prior notice, if Brunello Cucinelli considers that the User has violated these Terms and Conditions or that suspension or termination are appropriate for security reasons.
2. Site content and intellectual property
All trademarks, trade names, brands, logos, images, text, product names and other content displayed on this Site and the copyrights, trade dress and other intellectual property in such materials (collectively, "Contents") are the exclusive property of Brunello Cucinelli, its licensors or content providers.
Unless clearly stated otherwise, these Terms and Conditions do not provide any right or power to Users, Customers or third parties to use any Contents displayed on the Site.
This Site is for personal, non-commercial use only.
The Products sold on this Site are not meant for resale.
No User or third party may modify, copy, publish or otherwise exploit any Contents included in the Site without the prior written consent of Brunello Cucinelli or of the relevant content owner.
3. Third Party content
This Site may include, use or display content created by third parties, information from public sources and/or links to other websites or web pages managed by third parties (collectively, "Third Party Content").
Users acknowledge and agree that Brunello Cucinelli bears no responsibility for any information, content, products, services or any other material on any third-party website or platform, and that links to third-party sites do not represent an endorsement or approval of any Third Party Content.
Brunello Cucinelli does not control or monitor any Third Party Content, does not assume any responsibility for its accuracy, security or reliability and cannot guarantee that such Third Party Content is free of malfunctions, viruses or other features that could damage data and/or property of the Users.
Brunello Cucinelli disclaims any liability to the User for any loss or damages the User incurs arising out of or related to the access, use, reliance on any Third Party Content on the User’s part.
4. Product information
All information about the Products published on this Site is for descriptive or promotional purposes only ("Product information").
Despite a strong commitment to ensure that Product information is always accurate and updated, Brunello Cucinelli does not accept any responsibility for the correctness, completeness, accuracy or timeliness of Product information, including, for example, descriptions of Products, services, prices and/or indications of availability.
The look and the colours displayed on the Site depend on the settings of the device of the User. Brunello Cucinelli cannot ensure that the User's device will display colours of the images correctly as posted on this Site.
This Site may, temporarily or permanently, modify or remove some of the Products and/or services, or change the Product prices, without giving any notice to Users about the fulfilment of these changes.
5. Product purchase
Customers - meaning only natural persons, eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, acting for purposes outside of their trade, business or profession - are eligible to carry out an Order of Products on this Site ("Order").
Customers must carefully read these Terms and Conditions before completing any Order. By placing an Order on this Site, Customers agree with these Terms and Conditions.
When placing an Order, Customers must provide all the personal information required by the Site, including but not limited to their first name, surname, birth date, email address, billing and delivery address. All such information must be true, accurate and up to date.
Customers cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.
6. Order processing
Prior to completing an Order, every Customer shall:
a) Review the purchase details in the Order summary;
b) Accept explicitly these Terms and Conditions by ticking the relevant checkbox below the Order summary; and
c) Submit the Order electronically to the Site by clicking on the relevant button.
Upon receiving an Order, the Seller will immediately send an order receipt confirmation to the Customer by email ("Order receipt confirmation").
The Order receipt confirmation communicates to the Customer that the Order has been received. It does not imply acceptance of the Order by the Seller.
Customers must verify that all information concerning their Order reported in the Order receipt confirmation, including but not limited to all details concerning the Products, the delivery address and all personal information, is correct. If any piece of information in the Order is not correct or accurate, Customers must promptly inform the Seller by using the Contact us.
Customers are also encouraged to store an electronic copy of the Order receipt confirmation and to refer to the unique identifying number of the Order included in the Order receipt confirmation when contacting the Brunello Cucinelli customer service (“Customer Service”).
All Orders are subject to stock availability and acceptance by the Seller.
If only some of the Products ordered are available, the Seller will promptly contact the Customer by email to verify their interest in the fulfilment of a partial Order, of a full Order but in multiple shipments or whether they intend to cancel the Order.
An Order can be deemed as accepted, and the relevant contract for the sale of the Products between the Seller and the Customer as formed, only when the Seller dispatches the Products and submits the Order invoice to the Customer ("Order Invoice").
Until then, the Seller retains the right to refuse any Order at its sole discretion, including but not limited to the following circumstances:
• The Customer does not meet the eligibility-to-purchase requirements according to these Terms and Conditions;
• Shipment of parcels to the delivery address indicated in the Order is restricted, impossible or extremely difficult;
• The Product is no longer in stock.
The seller cannot be held liable by reason of withdrawing any Product from the Site after an Order submission or for refusing to accept any Order. It may also unintentionally happen that the Site shows available Products that are actually unavailable at that moment.
The Seller intends to notify Users of any refusal of Order in a prompt manner.
7. Payments
Customers can make payments ("Payments") of the Purchase price by using all major credit and debit cards (collectively, "Payment methods").
When the Order is accepted, the Seller will debit the Purchase price to the Customer via the selected Payment method.
However, prior security checks to prevent insolvency or fraud may take place, or a deposit may be held to verify that the credit, debit card or payment system used by the Customer holds sufficient funds for the Payment.
The Seller does not directly process any credit/debit card details or other financial information of the Customer and uses a primary payment gateway ("Payment gateway") to authorize any Payment.
The Payment gateway protects the credit/debit card details by encrypting sensitive information to ensure that such information is passed securely between the Customer and this Site, on one side, and between this Site and the payment processor, on the other side. However, the Seller cannot be held liable for any error, negligence or wrongdoing referable to how the Payment gateway has managed the financial transaction linked to the purchase of the Products on this Site.
This Site also uses Secure Sockets Layer (SSL) technology to guarantee a higher standard of safety on any purchase of Products.
8. Shipping and delivery
Orders are delivered by courier service to the following countries.
Customers can track the shipping progress of their Orders by using the unique tracking reference number supplied to the Customer when shipment is confirmed by e-mail.
Unless specifically stated otherwise, all shipping charges on an Order will be debited in full to the Customer ("Shipping charges"). The Shipping charge amount will first be calculated and shown in the Order summary at checkout.
The Seller is strongly committed to completing each Order in the most efficient and seamless manner. Nonetheless, any estimated delivery time indicated in the Order summary should be used as a guideline only. The estimated delivery time starts from the date of dispatch.
The Seller cannot be held liable for any delay in delivery that is not due to its negligence, including but not limited to force majeure, customs clearance processes, strikes, natural disasters, any other fact pertaining to the supply of courier services or any other circumstance outside of the control of the Seller.
Customers should plan to be available to receive the Products without any undue delay.
The courier carries out multiple delivery attempts, excluding weekends and holidays. If the final delivery attempt has been made without success, because the courier was unable to leave the package, the courier will return the package to the Seller. In this case, Customers are invited to contact the Seller immediately for further instructions by the Contact us section.
Selecting a different country for delivery, the prices, general terms, and availability of the items may change. For further information, see the shipping section.
9. Pricing
All prices of Products, shipping charges and other costs (collectively, the "Purchase price") published on the Site are expressed in the currency shown during the checkout process.
The full Purchase price will be repeatedly shown in the Order summary at checkout, in the Order receipt confirmation and in the Order Invoice after purchase.
In the event of any error or mistake in the Product prices published on this Site, the Seller retains the right to modify the relevant Purchase prices at any time. Incorrect prices will not be binding for the Seller or the Customer in any case, even after the Customer has received an Order receipt confirmation.
The Seller is under no obligation to accept or execute any Order for Products published at an incorrect price and reserves the right to refuse or cancel the Order before the Customer has received the Order Invoice.
For deliveries to countries outside the European Union, customs duties, sales taxes and/or import VAT may be due (collectively, “Local charges and taxes”).
When Orders are shipped to these countries, all Local charges and taxes will be included in the Purchase price:
• Australia
• Austria
• Belgium
• Bulgaria
• Canada
• Chile
• China
• Denmark
• Estonia
• Finland
• France
• Germany
• Japan
• Greece
• Hong Kong
• India
• Ireland
• Israel
• Italy
• Kazakhstan
• Latvia
• Lithuania
• Luxembourg
• Macao
• Malaysia
• Norway
• New Zealand
• Holland
• Hungary
• Poland
• Portugal
• Monaco
• Czech Republic
• Romania
• Singapore
• Slovakia
• Slovenia
• Spain
• South Africa
• Sud Corea
• Sweden
• Switzerland
• Taiwan
• Thailand
• Tunisia
• Turkey
• Ukraine
• UK
• US
When Orders are shipped to any other countries where shipping is available, the Product prices displayed will be exclusive of all relevant Local charges and taxes. In this case, payment of all Local charges and taxes levied by destination countries must be carried out separately by the Customer when receiving the Order. Customers are invited to inquire with the local customs offices or advisors whether any Local charges and taxes will be applied to their Order.
10. Vouchers and discounts
During marketing campaigns, the Seller may issue vouchers and discount codes for purchase use on this Site.
Vouchers and discount codes can never be redeemed in any Brunello Cucinelli boutique.
Vouchers and discount codes cannot be refunded.
11. Defective or non-conforming Products
The Seller guarantees the Customer that the Products are not defective or flawed and that the Products conform to the Product description given by the Seller on this Site.
For technological reasons, the Seller cannot guarantee that the monitor display of colours will be accurate.
Minor differences between the Product description on the Site and the actual Product features should not be deemed to lead to any non-conformity of the Product for the purposes of these Terms and Conditions.
Customers are invited to inspect carefully any parcel before signing and confirming the completed delivery. If the parcel appears damaged or not complete in its content, Customers are kindly encouraged to sign the delivery of the parcel by reporting the encountered damage or claim and then to contact promptly the Customer service by using the online form in the “Contact us” section.
In the unlikely event of a Product being defective, flawed or non-conforming to the Product description on this Site, Customers are entitled to ask that the Product is repaired or replaced free of charge within a reasonable period and without major inconvenience to the Customer.
If repairing or replacement is impossible or disproportionate, or if the Seller has not remedied the shortcoming within a reasonable period or without major inconvenience to the Customer, Customers are entitled to ask for a total or partial refund of the Purchase price.
In order to submit a claim for a defective, flawed or non-conforming Product and return the concerned Product, Customers shall contact the Customer service and agree on the modalities of the Return.
Customers may submit a claim for a defective, flawed or non-conforming Product and return the concerned Product. Customers shall contact the Customer Service in order to agree on the modalities of the Return.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE OF TENDER OF DELIVERY OF THE PRODUCTS TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT WITHOUT UNDUE DELAY UPON DISCOVERING THE DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE CASE WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED, MAINTENED OR WASHED IN STRICT ACCORDANCE WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT LOCAL STATUTORY RIGHTS.
12. Product exchanges and Returns
Customers can exchange a Product for an item of different colour and size, when it is available in stock or cancel the Order within 30 (thirty) days from the date of delivery of the Product without the need of providing any explanation.
In case of cancellation of an Order, the Seller will proceed to refund the Customer for the full Purchase price in a prompt manner after receiving the returned Products from the Customer. Refunds will be carried out via the same Payment method initially used by the Customer for the Order.
To apply for a Product exchange or to cancel an Order, Customers must first ask the Seller to release a Returns Merchandise Authorization (“R.M.A”) before returning any Product.
Customers can apply for the release of the R.M.A. in the following ways:
• for registered Customers: by activating the specific procedure for Returns in the “Order” section available inside the “Your Page” area of this Site; or
• for unregistered Customers: by activating the specific procedure after searching the relevant Order in the “Orders and Returns” section on the Site main menu;
• for both: by contacting the Customer Service via the electronic form (Contact us section).
For more detailed information on the return procedure, please see: Returns procedure.
When contacting the Customer service for returns, Customers are kindly requested to specify the unique identifying number of the Order.
Every Product must be returned bearing all security tags and labels. It should also include all the original packaging and accessories (case, hangers, garment covers, etc.) received with the Order; it must not show any signs of use, scratches or be altered in any way (worn, washed, ironed, etc.) and the Product must be returned in the same condition it was shipped in and in its original packaging.All shoes should be tried on a carpeted surface; in case of any sole degradation, Brunello Cucinelli reserves the right to refuse the return of the shoes.
The Seller offers Customers a complimentary return service free of any shipping charges (“Complimentary return service”). In order to enjoy this service, Customers are required to complete the electronic Return request with the pickup address, pickup date, contact details and attach a specific return shipping label supplied by the Seller for the Product return. If the Customer decides not to select a pickup date at the moment of submitting the electronic Return request, they must contact directly DHL to confirm the pickup date.
Customers must always return the Products within 14 (fourteen) days after receiving the R.M.A.
Any other method of returning the Products outside of the Complimentary return service will be at the Customer’s expense. By using any other option outside of the Complimentary return service to return the Products, Customers acknowledge and agree to be liable for any loss or damage to the Products during the return process.
Customers are kindly asked to dispatch the Products for return from the same country where the Products were first delivered. If this is not possible, they should first contact the Seller by Contact Us section, to verify the most suitable alternative solution to return the Products.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous purchases by the same Customer.
Fragrance return conditions
For hygienic reasons, the right of withdrawal cannot be exercised for perfumes that have been opened after delivery and that have not been returned in their original "Brunello Cucinelli" inner packaging. If a customer wishes to return a damaged or defective product, the bottle must be hermetically sealed. Since for shipping purposes only fragrances are classified as dangerous goods, they cannot be shipped back as returns. To return a fragrance, Customers must contact our Customer Care team to receive information about the nearest Boutique or for further assistance.
13. DISCLAIMER OF WARRANTIES
BRUNELLO CUCINELLI CANNOT GUARANTEE IN ANY WAY THAT THE WEBSITE, INCLUDING ITS WEBSITE CONTENT, SERVICES AND FEATURES, WILL BE UNINTERRUPTED, THAT ANY DEFECTS FOUND IN THE SAME WILL BE CORRECTED OR THAT THE USE OF THE WEBSITE BY THE USER WILL PRODUCE ANY SPECIFIC RESULTS. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED IN THE CURRENT STATE AND ARE AVAILABLE “AS IS”.
THE SELLER GUARANTEES CUSTOMERS THAT THE PRODUCTS ARE NOT DEFECTIVE OR FLAWED AND THAT THE PRODUCTS CONFORM TO THE PRODUCT DESCRIPTION GIVEN ON THIS SITE.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE OF TENDER OF DELIVERY OF THE PRODUCTS TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT WITHOUT UNDUE DELAY UPON DISCOVERING THE DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED, MAINTAINED OR WASHED IN STRICT ACCORDANCE WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT LOCAL STATUTORY RIGHTS.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BRUNELLO CUCINELLI SHALL NOT IN ANY CASE BE HELD LIABLE TOWARDS USERS, CUSTOMERS OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM USE OF THIS SITE AND/OR THE CONTENTS, OR ANY INFORMATION CONTAINED IN THE SITE OR RELATING TO THE PRODUCTS.
BRUNELLO CUCINELLI ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THE CAUSE, ORIGIN, NATURE AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, THE COSTS INCURRED OR ANY OTHER LOSS OF INTANGIBLE ASSETS ARISING FROM THE USE OF THE WEBSITE OR INABILITY TO USE OR FROM RELIANCE ON THE INFORMATION PROVIDED, DIRECTLY OR INDIRECTLY, AVAILABLE ON THE SITE. THE SELLER SHALL NOT BE HELD LIABLE BY REASON OF WITHDRAWING ANY PRODUCT FROM THE SITE AFTER AN ORDER OR FOR REFUSING TO ACCEPT ANY ORDER.
BRUNELLO CUCINELLI CANNOT BE HELD LIABLE FOR ANY LIABILITY ARISING OUT OF THE SALE OF PRODUCTS, EITHER DIRECT OR INDIRECT, IN THOSE CASES WHEN THE COMPANY DOES NOT ACT AS THE SELLER OF THE CONCERNED PRODUCTS.
ANY STATUTORY LIABILITY REMAINS UNAFFECTED.
15. Indemnification
The User acknowledges and agrees to indemnify Brunello Cucinelli from any legal action, claim, claims by third parties and related damages and expenses, including legal expenses, arising from, or related to, use in any irregular way and/or illegal use of the Site and/or the Contents of this Site by the User or by persons under their protection or direction.
16. Communications
All enquiries, including those concerning Orders, should be submitted to the contact form available in the “Contact Us” section of the Site main menu.
17. Miscellaneous
In these Terms and Conditions, words in the singular include the plural meaning and words in the plural include the singular meaning.
No waiver by Brunello Cucinelli of any breach of these Terms and Conditions shall be a waiver of any preceding or succeeding breach.
Invalidity or unenforceability of one or more provisions of these Terms and Conditions shall not affect the validity of any other provision of these Terms and Conditions. If possible, any unenforceable provision within this Agreement will be construed to reflect the original intention of the Parties.
Any unauthorized reproduction, even partial, of these Terms and Conditions is strictly forbidden.
18. 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.
I. Terms used herein:
Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International AO 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. 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.
II. T&C Subject Matter
i. 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”).
ii. 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.
iii. 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.
III. DHL Express Network Terms and Conditions of Carriage.
i. 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 Boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper.
DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.
Inspection
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
DHL’s Liability
DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention, as applicable, or in absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram).
Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, 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.
DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions, which are available on the DHL website at www.dhl.com or from Customer service.
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. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
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 known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
ii. 3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
IV. Customs Operations Terms & Conditions
i. Customs Broker:
a) may performs customs declaration of Express Shipments;
b) shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;
c) 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.
ii. 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.
iii. The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost
iv. 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.
V. Liability of the Parties
i. 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.
ii. 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.
iii. 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.
VI. Service Fees and Payment for Customs Operations:
i. 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.
ii. The Consignee must pay for the Customs Broker’s services.
iii. 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.
VII. General Provisions
i. 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.
