bestsender.lv shipment carriage and service terms

Effective 30.08.2019. Recent changes - 01.10.2019.

1. The terms and their application

1.1. These terms determine BESTSENDER OÜ (hereinafter - Bestsender.lv or contractor) service procedures, requirements for shipment preparation and service ordering, and the service limitations for shipment carriage in Latvia, as well as international destinations.

1.2. These terms serve as written agreement or contract between the client and Bestsender.lv.

1.3. The sender is responsible for being acquainted with these terms and fulfilling their requirements.

1.4. The terms apply to every shipment using Bestsender.lv services.

1.5. These terms apply and do not change, except in the event that the client and an Bestsender.lv representative with power of attorney for specified operations secure for this purpose a separate agreement or make changes to these terms.

2. Listed terms

Explanations of vocabulary used in this document:

  • web site/home page/page - www.bestsender.lv.
  • package/shipment –individually packed shipment bearing Bestsender.lv Partner markings
  • delivery/cargo–one or more packages sent with Bestsender.lv involvement
  • client/sender–party using Bestsender.lv services for the purpose of sending/receiving shipments/delivery, who is responsible for all costs related to delivery.
  • recipient/addressee–person receiving a shipment/delivery sent using Bestsender.lv services
  • carrier/third party/partner–partners in cooperation with Bestsender.lv: UPS, FEDEX, TNT and others.
  • parties–Bestsender.lv, client and carrier.
  • collection address/loading address–the address at which the partner must collect the shipment/delivery
  • delivery address/unloading address–the address to which the partner must deliver the shipment/delivery
  • shipment manifest/sticker/marking/invoice/air freight docket –documents attached to the shipment or given with the shipment
  • business day–Monday to Friday 9:00-17:00, with the exception of state holidays
  • compensation–transit compensation paid in the event of lost or damaged shipment; compensation does not apply for shipments considered to be prohibited/illicit (see section 12 for explanation of prohibited/illicit shipments)
  • costs–all expenses to be paid by the client, including delivery and additional expenses, such as storage costs, VAT, other taxes, interest, fines, administrative costs, customs costs, duties, insurance fees, and all other payments chargeable to Bestsender.lv users regarding delivery(ies) and other delivery-related activities
  • contract–service agreement between the client and Bestsender.lv
  • user–any person (private or legal entity) using the web site according to these terms
  • user account –interface used for orders and order management that contains the user’s identification and personal information for working with the web site; the information, once authenticated can be accessed only by the users themselves

3. General information

3.1. The web site www.bestsender.lv is owned and operated by BESTSENDER LLC.

3.2. The purpose of the web site is to provide Latvian and foreign residents and businesses with the opportunity to submit delivery orders remotely and with more ease.

3.3. These terms specify the conditions and limitations of use of the web site and information therein, and apply to all users. Bestsender.lv reserves the right to modify the terms of use, and any changes are effective upon their being published on the web site.

3.4. Any personal information given willingly by the user is processed in accordance with the Personal Data Protection laws.

3.5. No personal information is used on the web site other than that which is given by the user when registering as a user or using any of the web site’s available services. Any information given to or received by the user through the web site is not accessible to third parties.

4. Accessing the web site

4.1. The web site is accessible to all internet users.

4.2. Bestsender.lv ensures 24/7 accessibility of the web site.

4.3. Bestsender.lv is not responsible in the event that the web site is inaccessible as a result of forces majeures.

4.4. The web site may be unexpectedly down as a result of damage or upgrade to the system, as well as any other unpredictable circumstances.

5. Bestsender.lv rights and obligations

5.1. Bestsender.lv ensures package/shipment delivery according to user specifications, utilizing partner services.

5.2. Bestsender.lv itself does not execute delivery to the recipient. Delivery is executed, utilizing partner services.

5.3. Bestsender.lv reserves the right to change and add to the fees, discounts, and/or services defined and published on the web site.

5.4. Each delivery, depending on the chosen carrier, is given 1-3 delivery attempts. If delivery to the specified delivery address fails and the delivery is returned to sender, the sender is responsible for all return costs. Bestsender.lv provides the sender with a bill for the return costs and has the right to withhold the delivery until all obligations are fulfilled.

5.5. Bestsender.lv does not accept responsibility if the sender has: handed over an incorrect package to the carrier, indicated an incorrect delivery address, or market the shipment incorrectly. All expenses incurred as a result are covered and paid by the sender. The sender cannot claim compensation if the shipment is drawn up incorrectly or handed over to another courier.

5.6. Delivery is carried out if correct collection and delivery addresses are specified with correct postal codes. If delivery fails or must be returned as a result of incorrect address specified by the sender, the sender cannot claim compensation for any expenses incurred.

5.7. Bestsender.lv and its partners reserve the right to refuse to accept a shipment if a package or the shipment is not packed, not packed correctly, not marked, exceeds any of the specified dimensions, or exceeds the delivery’s specified weight or the maximum weight.

5.8. Clients must forward all questions, recommendations, and complaints to the Bestsender.lv Client Service Centre. If the client has contacted the partner without the help of the Bestsender.lv Client Service Centre, Bestsender.lv is not responsible for the timely resolving of issues, nor any complaints in such an event.

5.9. Bestsender.lv services include the shipment’s delivery from the shipment collection address to its delivery address, or “door-to-door”. Delivery of certain services may not be “door-to-door”, for which Bestsender.lv will publish information on the web site, prior to taking a delivery order.

5.10. Bestsender.lv does not provide all services with delivery report upon signing and shipment tracking options. The sender is responsible for checking the web site for information regarding individual services and their delivery report and tracking options.

5.11. In some parts of American and Australia, carriers are permitted to leave deliveries in a safe place by the door without the recipient’s signature. Complaints in such events are not accepted.

5.12. Bestsender.lv requires that the sender specifies a telephone number, to be used by the carrier to contact the recipient for the purpose of arranging a delivery time or location. When shipping outside Latvia, it is mandatory to specify the recipient’s country code telephone number correctly. Bestsender.lv does not take responsibility if failure to reach the recipient results in failure to deliver .

5.13. Payments for services are made through the web site’s automatic payment system after the service is selected and the order is formalized. All fees are listed in Euros (EUR). Bestsender.lv reserves the right to refuse an order if it arouses suspicion of illegal activities.

5.14. Order confirmations and cancellations are sent to the indicated e-mail address. If an e- mail is not received, please contact our Client Service Centre; the contact information may be found on the “Contacts”page of the web site.

5.15. The shipment progress can be tracked online at www.bestsender.lv. It is the client’s responsibility to keep track of their order’s progress. The tracking number is active for 12 weeks, and afterwards may be re-allocated to another order.

5.16. A copy of the receipt can be obtained for a fee, ranging from EUR 2-10, depending on the chosen carrier.

5.17. Bestsender.lv is not responsible for any loss incurred by the user if their authentication data is used by a third party to connect to and/or use the web site.

6. User rights and obligations

The user must guarantee that:

6.1. All items must be packed safely, and any moveable parts must be packaged for safe transport. The shipment must not cause damage to the environment or other shipments. Any item that is not properly packed may be refused carriage or returned to the sender. In special cases, a separate fee for proper packaging may be charged to the sender. Bestsender.lv is not responsible for improperly packaged items, and claims in such cases are not considered.

6.2. If several shipments are sent to one address, the sender must indicate separately the weight and size of each shipment to receive the appropriate service and calculate the correct cost of delivery. It is forbidden to indicate the total weight to a single address when sending more than one package. The sender bears full responsibility and must cover all expenses incurred as a result of giving incorrect data.

6.3. All items must be appropriately marked. Each shipment must be marked with the recipient data, as well as all warning signs, if necessary. The label must be legible and attached where it is visible. If one or more items are inappropriately labeled Bestsender.lv and its partners have the right to refuse the order. Bestsender.lv is not responsible if any of the items have not been appropriately marked, and disregards claims in such cases.

6.4. Services with a note that a printer is necessary must be marked with the label received by e-mail. Any item sent without a label may be subject to additional fees, may not be tracked, and may be delayed. Bestsender.lv is not responsible for shipments without appropriate markings, and claims in such cases are not considered.

6.5. International shipments (non-EU) may require additional documentation and information. Bestsender.lv provides all the necessary documents and information, but the client must provide Bestsender.lv with all the necessary information before and after finalizing the order. Bestsender.lv assumes no responsibility and disregards all claims for shipments not delivered as a result of insufficient information or insufficient documentation. The user agrees to pay all additional costs that arise in such circumstances.

6.6. The sender, when making an order, must clearly specify all data, the exact weight and dimensions, the correct sender’s and recipient’s names, surnames, or company name, the address, postal code, e-mail address, phone number, and description of the package contents. In the case of incorrect data, the carrier has the right to refuse carriage. Accepting an incorrectly formalized shipment, Bestsender.lv is entitled to request additional charges from the sender for data correction, and is not held responsible if delivery is delayed due to inaccurate data.

6.7. The recipient and the sender agree that items may be transported by land, sea or air, providing all necessary documentation for delivery.

6.8. The client is fully responsible for any and all costs that may arise through the sender’s or receiver’s fault.

7. Carrier service terms

All deliveries are subject to the terms specified below:

UPS: http://www.ups.com/content/lv/en/resources/ship/terms/service.html

FEDEX: http://www.fedex.com/lv/services/terms/

TNT: http://www.tnt.lv/klientu_rokasgramata/book.html#book=2&page=1

Venipak/GLS: https://www.venipak.lv/precu-piegades-noteikumi/

By choosing one of the listed carrier services the Sender agrees to fulfill the terms specified by that carrier.

8. Delivery delays and other difficulties

8.1. Neither party will put forth any claims against each other for failure to comply if, and as long as, the fulfilling of the contract will be impossible because of public disturbances, natural disasters, civil wars, riots, strikes, acts of war or other uncontrollable events, or will be delayed or prohibited by any law, statutory rules, or regulations.

9. Responsibility

9.1. The client is aware that a claim of improper service quality is the carrier’s responsibility, and must be in strict compliance with the limits stipulated in these terms.

9.2. Bestsender.lv, its employees, partners and agents is not responsible for lost and/or damaged items, if a written claim is not received from the client within five (5) calendar days after delivery. The claim must be submitted with all necessary documents, and within the prescribed period. Documents that are submitted after the deadline are not accepted.

9.3. Claim forms and other related documents are available at www.bestsender.lv on the "Help" page.

9.4. If the shipment is not delivered on time and is considered to be lost, the sender must submit a claim form within five (5) calendar days.

9.5. The client understands that if a deadline is missed when submitting a claim, the right to compensation is lost.

9.6. In all other cases, the partner is only liable if the client promptly, and no later than

stipulated in the relevant transport laws, submits a written complaint to Bestsender.lv.

9.7. Documents required when submitting a claim:

1) Courier delivery note copy (if the chosen partner have such a document)

2) Bill or invoice which confirms the value of the consignment

3) Describe the item's packaging and photos

4) If the shippment is damaged: Does the unit is repairable and at what amount (EUR); If any parts are usable and their value... (EUR)

5) Any other supporting documents, if any, and if they can help you assess the claim.

6) The client has the right to submit an independent assessment of the damage.

9.8. All documents defined in point 9.7 of this agreement must be submitted to the Bestsender.lv office legal address: BESTSENDER OÜ, Majaka 26, 11412, Tallinn, Estonia.

9.9. If the specified delivery period is exceeded, damages cannot exceed the carrier’s remuneration for the delivery.

9.10. Delivery is considered past due if the package does not appear in the destination terminal within 72 hours for international shipments, and 24 hours for local deliveries, of the time of delivery scheduled in the order.

9.11. The shipment is considered lost if not delivered within thirty (30) calendar days for international shipments, and 4 (four) business days for local shipments.

9.12. Bestsender.lv’s and its partners’responsibility for the loss of a shipment cannot exceed the actual value of the shipment. The carrier must prove the value of the shipment, which is expressed in the claim.

9.13. Bestsender.lv assumes responsibility for the loss of or damage to a package in accordance with LR Civil Law and the CMR convention in the amount of 8.33 SDR per kilogram for lost or damaged goods. SDR is the IMF's Special Drawing Rights rate and thus the amount depends on the exchange rates published on the IMF's website. Bestsender.lv transport liability insurance (if applicable to the service) must cover the package damage or loss in light of the above limitations.

9.14. Bestsender.lv must compensate for loss or damages, taking into account the provisions of point 9.13 of this agreement and the partner’s specified compensation, as well as taking into account the value of the package. Other losses are not compensated.

9.15. Bestsender.lv is not responsible for damage or loss in the event of: a lack of packaging; incomplete or defective packaging; shipment loading and unloading is done by the sender, recipient or person acting on behalf of the sender or recipient; missing label or its non- compliance; the physical characteristics of the package being such that it can be damaged by pressure, functional impairments, corrosion, internal deterioration, desiccation, leakage or natural loss.

9.16. Any disputes relating to these terms arising between Bestsender.lv and the client will be settled by mutual negotiations within thirty (30) calendar days. If the negotiations fail to resolve the dispute, it must be settled in accordance with Latvian law.

10. Handing over the shipment

10.1. The sender hands goods over to the courier at the address and time specified in the delivery order.

10.2. The courier loads items alone whose total weight does not exceed thirty (30) kg.

10.3. The client must ensure that the sender will load packages whose weight is more than thirty (30) kg, if necessary using loading machines.

10.4. When accepting shipments, the courier provides the transfer document or, if specified in the order, the customer prints it out before the arrival of the courier.

10.5. The client is responsible for all expenses incurred by Bestsender.lv as a result of the sender’s mistakes, inaccurate data or instructions.

10.6. If a shippable object is homogeneous, non-marking, rigid, and cannot be packed, but it is somewhat compatible with the shipment terms, in special cases, the carrier may accept the shipment, noting on the manifest the "unsafe packaging". Bestsender.lv is not liable for damages to such packages.

10.7. The courier, accepting the shipment, has the right to check the shipment’s external status and make notes on the manifest about shipping markings and numbers, the cargo’s or package’s external condition, and other important facts. If the sender does not agree with the courier’s notes and refuses to sign below them, the courier has the right to refuse the shipment.

10.8. Notes can be made about any additional information of the shipment, damage, defects and any other information carrier needs to know to safely transport the shipment.

10.9. No more than one shipment can be transported under one manifest.

10.10. The courier reserves the right to refuse unpacked, poorly packed, unmarked, or improperly marked shipments. The courier has the right to not wait if, upon his arrival, the shipment is not prepared for shipping.

10.11. Bestsender.lv and the courier cannot prevent authorized state institutions from opening and examining any package. The carrier’s representatives must immediately inform the client of such checks.

10.12. The client (as well as the sender, handing over a shipment) accepts that authorized national authorities have the right to check shipment packages.

11. Delivery to the recipient

11.1. Upon delivering the shipment to destination, the carrier must produce the manifest for the recipient.

11.2. Shipments are delivered to the delivery address.

11.3. The client is responsible for ensuring that the recipient accepts the shipment according to the terms of this agreement.

11.4. If the weight of the shipment does not exceed thirty (30) kg, the courier must unload the shipment from the vehicle.

11.5. The unloading process is estimated to take up to 10 min. For each additional 10 minutes

the client can be charged additional fees according to the selected carrier’s pricing.

11.6. If the shipment weight exceeds thirty (30) kilograms or unloading process requires additional equipment, the client is responsible for ensuring that the shipment is unloaded by the recipient.

11.7. If the courier can unload a shipment weighing more than thirty (30) kg and/or transport it to the recipient’s designated warehouse space, the carrier may charge an additional fee which is presented on a separate bill.

11.8. Receiving a shipment, the recipient must, with the courier, check the shipment

(packaging) condition.

11.9. When the recipient signs the invoice, the order is considered delivered. The client and recipient acknowledge that, as a result of regular operations, a number of invoices (shipment manifests) may be written during transport. When the recipient signs any of the invoices by which one may identify the shipment, the shipment is considered delivered even though other invoices of the same shipment would not yet be signed by the recipient.

11.10. Upon noticing damage to the shipment or any packages, the recipient must note it on the invoice and write a free-form shipment damage report, and, if possible, photograph the damage. If the recipient signs the invoice without any notes, the shipment is considered delivered in good condition or without damage, and Bestsender.lv and the carrier do not take any responsibility for any damage or loss noticed by the recipient at a later time.

11.11. In the case of circumstances that interfere with delivery of the shipment, it is not technically possible to unload the shipment, or if the recipient is not found or refuses to accept delivery (a refusal to make payment of sums due the carrier or the client is also considered refusal to accept delivery) the carrier must further inquire about the client’s written instructions.

11.12. The client gives instructions in written form or by e-mail: [email protected]

11.13. Upon not receiving instructions in 12 (twelve) hours, the carrier is entitled to return the items to the sender, charging the client for return costs. If the sender refuses to accept the returned shipment, the carrier reserves the right to unload and store the shipment in the carrier’s storage until further written instructions are received from the Customer. In both cases, however, the shipment is considered delivered, and the service executed.

11.14. The client will pay the carrier the cost of services according to point 11.13. of this agreement, the cost of shipment, the cost of return delivery, and the storage costs, according to the carrier’s fees.

12. Prohibited/illicit shipments

12.1. Unpacked, poorly packed and non-standard items, if an agreement is not reached with Bestsender.lv representatives beforehand.

12.2. Items illegal to transport:

12.2.1. particularly high value items (jewelry, artwork, antiques, precious metals, precious stones, cash (other than cash collection operations - COD - Operations), lottery tickets, checks, bonds, shares, promissory notes and other documents and objects that cannot be restored, reconstructed, and/or replaced if damaged

12.2.2. weapons, ammunition, explosives, drugs, cigarettes, alcohol, substances or products that may pose a threat to human health, safety, the environment or property with their chemical or physical properties

12.2.3. live animals and plants, human remains or body parts, perishable foods and non-food items that require special transport equipment, safety precautions, permits or special temperatures, humidity, or other specific conditions

12.2.4. Other articles whose carriage, importation or exportation is prohibited in other countries, where transport is controlled by law, or articles for which Bestsender.lv and its partners need a special transport, import or export license or authorization

12.3. Bestsender.lv is not responsible for shipments defined by point 12.2 of this agreement.

12.4. By ordering the transportation of prohibited or illicit goods, handing over or in any way facilitating the delivery of such goods, the client accepts full responsibility for all consequences and will cover all expenses, incurred by Bestsender.lv as a result, if they arise and are based on documents with legal power.

12.5. According to the commercial purposes of shipment transport and various regulatory formalities, certain products may have limits and longer transit imposed. Bestsender.lv and its partners reserve the right to reject shipments subject to such constraints.

13. Payment

13.1. The Bestsender.lv specified fees and pricing are based on information provided by the clients on the web page, but the final rates and service fees may vary, as they are calculated based on the actual item size and weight. The actual item weight and dimensions are defined by entering data online and after the shipment is collected by the carrier handling the shipment –in the transit terminals. Any difference in weights and sizes is added by Bestsender.lv to an additional bill to the client.

13.2. The carrier checks each manifest for correct service and packaging/shipment weight information. If the wrong information is given, the carrier corrects the manifest. The client is responsible for all costs incurred due to any incorrect data given.

13.3. The current shipping rates are published on www.bestsender.lv.

13.4. The client may pay for services with a credit card or PayPal account, following order data validation. The order is considered confirmed when the money transaction has taken place.

13.5. The client may pay for services received by paying the bill. Invoices must be paid without any deductions, no later than the handing over of goods for delivery. If payment is not received by the specified deadline, the order is canceled.

13.6. The client assumes responsibility for all payment of expenses and taxes associated with the delivery.

13.7. If certain expenses and other amounts are to be paid by the recipient, then it is the sender’s responsibility to indicate so in the appropriate section of the invoice.

13.8. If the client fails to comply with the specified payment period, Bestsender.lv imposes penalty of 0.5% per day for each day that payment is delayed.

13.9. If the client fails to make payment of the invoice, Bestsender.lv is entitled to forward information about the client’s debt to a debt collection company, who will then initiate debt collection.

14. Privacy Policy

14.1. The client may not use the words “Bestsender.lv”or “www.bestsender.lv” without the written consent of Bestsender.lv.

14.2. For the duration of this agreement, the client is forbidden to offer jobs to or obtain confidential information about the company from Bestsender.lv employees.

15. Refund and cancelation policy

15.1 Customer may cancel he’s order at any time and receive a full refund providing cancellation is made no later than 15:00 one working day prior to the scheduled collection date. Cancellations made after this time will be subject to a cancellation charge which is calculated on selected partner cancelation fees. Customer can cancel he’s order by sending an e-mail message to: [email protected] Refunds are operated in time of 5 working days and the payment is sent to payers account.

16. Validity of the terms of this agreement

16.1 If any of the terms of this agreement are contrary to any existing international treaties, the Latvian law, government rulings or decrees, ministerial orders, or other applicable laws and regulations - the provision remains in force as part of the agreement between Bestsender.lv and the client insofar as it is not in conflict with the law. Any invalid provision shall not affect any other part of this agreement’s validity.

SERVICE PROVIDER

Company name: Bestsender OÜ

Registration number: 14804216

VAT number: EE102192858

Legal Address: Majaka 26, 11412, Tallinn, Estonia

Bank: Paysera LT (SEPA only)

SWIFT: EVIULT21XXX

Bank account number: LT093500010005984577

E-mail: [email protected]