1-SERVICES IN GENERAL
a) This agreement is entered into by and between Cpost N.V. (this includes its agents and subsidiaries (hereinafter referred to as “Cpost”)) and the “Customer”. Cpost provides the Customer with a postal address, which will be assigned for his/her exclusive use in Miami-Dade County, State of Florida, USA (hereinafter referred to as the “Suite”).
b) The Cpost service consists of the receipt of mail and/or merchandise, screening, forwarding and air / ocean freight shipment from Miami, Florida, USA, to the Customer’s destination for pick up at one of the branches of Cpost and if applicable to the delivery address as identified by the Customer, including all actions required for customs clearance. In case of delivery service, the General Conditions Delivery Service apply.
2- PAYMENT AND COSTS
1. The Customer must pay at the counter:
(i) Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established on the website cpostintinternational.com;
(ii) Import taxes, sales tax and other taxes, if applicable;
(iii) Customs Clearing fee;
(iv) Storage fees, if applicable;
(v) Insurance fee;
(vi) Any additional costs related to the handling of dangerous and restricted goods.
2. Insurance fees
All shipments will be charged an insurance fee of 1% of the purchase amount with a minimum of $1.
3. The insurance is mandatory.
1. Damage to or loss of a package can be reported to the Customer Service of Cpost by the Customer or by Cpost. The Customer can file a claim after a damage inspection is performed by Cpost. Filing a claim does not exonerate the Customer to pay freight expenses and taxes in case the item has arrived in Curaçao or Sint Maarten.
2. In the event that the claim is approved by Cpost, the payment to the customer shall be processed. The claim payment will be:
(i) 150% of the invoice value of the item in case the item has been lost or damaged in Curaçao or Sint Maarten;
(ii) 100% of the invoice value of the item in case the item has been lost or damaged before arrival in Curaçao or Sint Maarten.
3. The Customer accepts and acknowledges that Cpost and its PuntoMio partners can never be held responsible for claims of any nature or title, directly or indirectly, involving packages that are damaged or lost before they have been accepted with a duly signed acknowledgment of receipt by our PuntoMio partner at our warehouse in Miami. Cpost can never be held responsible for consequential damages.
4- DOCUMENTS OF CHARGES AND COSTS
Cpost will make available to the Customer documentation regarding charges and costs (fees and import taxes).
5- PERMIT AND AUTHORIZATION
The Customer grants Cpost unrestricted power to accept mail, documents, merchandise or any other parcel addressed to the Customer. The Customer grants permission and authorization for Cpost to perform the necessary procedures, such as opening and verifying the contents of packages in an effort to offer complete orders, undamaged merchandise completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise for pick up at one of the branches of Cpost or to the delivery address as informed by the Customer. In addition, the Customer agrees to take any action or sign any document which becomes necessary to update or enhance said power. The Customer hereby agrees that Cpost shall not be deemed responsible for any claims against Cpost for the reception, handling, consolidation and/or shipment of mail, except for cases in which Cpost has acted in fraudulent or grossly negligent manner.
6- CUSTOMER OBLIGATIONS CONCERNING TRANSPORTATION
(i) The Customer shall become responsible for all legal infringements. The Customer hereby commits to accept the (postal) laws of Customer’s destination.
(ii) The Customer shall be solely responsible for any legal infringement incurred through the use of the Cpost service. Cpost reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to Cpost. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to Cpost all required documents for such licensing. In case Cpost would not receive the documents and the license required to proceed with a given shipment, Cpost shall notify the Customer to provide these within five (5) days. In case the missing documents are not supplied within such time, the goods will be retained and stored for thirty (30) days.
(iii) In addition, the Customer hereby authorizes Cpost to inspect, open and repack every package which it will come to handle as part of this Agreement, and Cpost shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the law.
b) FREIGHT COSTS:
The charges are based on the rounded up actual weight of the mail or merchandise except for: The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height) in cubic centimeters divided by six thousand (6,000).
c) Transportation of illegal or restricted substances or material
(i) The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by the Transportation Safety Administration (TSA) in the USA, Curaçao or Sint Maarten.
(ii) In case the Customer and our freight forwarder in Miami are authorized to transport Customer’s dangerous or restricted goods via sea freight and/or are freight and all necessary permits are present the goods will be sent to Curaçao or Sint Maarten according to the conditions as stated in the permit and according to postal laws of Customer’s destination.
(iii) The Customer will be charged for any additional costs related to the handling of dangerous and restricted goods.
(iv) The Customer is solely responsible for knowing all rules and restrictions before ordering shipments through Cpost. Cpost shall not be deemed responsible for merchandise loss due to customs seizure.
7- IMPORT TAXES AND OTHER TAXES
The Customer shall be responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination. Cpost will provide all required procedures for the customs clearance of the products coming from the Customer’s Suite, and will submit a bill for the Customer to pay locally. Please, review the Frequently Asked Questions (Pricing, Customs) for additional information on customs taxes on cpostintinternational.com.
8- DELIVERY SERVICE TO DESTINATION
(i) Cpost will receive, screen and forward to Cpost’s premises in Curaçao or Sint Maarten or to the Customer’s delivery address the products or documents shipped to his/her Suite in Miami. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by Cpost at the counter.
(ii) Individual shipments weighing up to 50 lbs and which are approved for international air transport will be shipped via air. Shipments weighing 50 lbs and more will be shipped via ocean.
(iii) Cpost shall not be responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airliners, customs or documentation.
9- SHIPMENT COLLECTION
If the Customer does not collect the shipment within thirty (30) days after he/she is notified to pick up the shipment, the shipment will be at the disposal of Cpost and become its property. In case of delivery service, the General Conditions Delivery Service apply.
10- DENIAL OF RESPONSIBILITY FOR THE PRODUCTS
Cpost shall act only as a courier. Cpost shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipment to the Suite. Cpost will ship the products which are received at the Suite on behalf of the Customer to the chosen Cpost branch or in case of delivery service to indicated delivery address by the Customer.
In case the Customer returns a product the respective Retailer’s terms and conditions apply. Customer will sent products to Retailer at its own risk and expense.
The Customer agrees to indemnify and hold Cpost harmless from any claim, loss, fine, tax or complaint for damages, brought by a third-party against Cpost as a result of the shipment to the Customer.
13- REPAIR CLAUSE NULLITIES
1. If any clause or part of a clause in these general conditions or any hereto related sub-arrangement of services in whole or in part be null and void or invalid or not enforceable due to any legal requirement or statutory text, judgment or otherwise, this shall have no effect to the validity of all other clauses of these general conditions or any thereto related sub-arrangements of services.
2. If any provision that apply to the arrangement of services in whole or in part cannot be called into effect, the remaining part of the provisions shall without prejudice remain in force, with the understanding that such provision that cannot be called into effect must be considered to have been amended in such a way that it can be called into effect under the intention of parties that the original provision in as far as possible remains applicable and in force.
This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever.
15- APPLICABLE LAW
This agreement shall be governed exclusively by the laws of Curaçao. All disputes that may arise from this agreement will be submitted to The Court of Justice in first instance of Curaçao.
16- AMENDMENTS TO CONDITIONS
Cpost reserves the right to amend or supplement these conditions. Except where agreed or provided for otherwise, amendments or additions will apply until further notice as made known by Cpost.
In case the Customer wishes to submit any other document, notice, comment, suggestion, he / she can also use the Cpost website www.cpostinternational.com. For other purposes the Cpost address is:
Attn General Managing Director
Plasa Wilson “Papa” Godett 1
Phone no: +5999 4331114