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GENERAL TERMS AND CONDITIONS OF CARRIAGE
("Terms and Conditions")

On this page, you will find the latest (and most applicable) Terms and Conditions of Carriage. Please note that different terms and conditions may apply in certain countries.


IMPORTANT NOTICE

When ordering FREIPOST services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that FREIPOST accepts the Shipment unless otherwise agreed in writing by an authorised officer of FREIPOST. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means FREIPOST chooses, including air, road or any other carrier. A "waybill" shall include any label produced by FREIPOST automated systems, air waybill, sea waybill, consignment note or trigger number under these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “FREIPOST" means any member of the FREIPOST Network, including but not excluding appointed agents.



1 Customs, Exports and Imports

FREIPOST may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper:
(1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who FREIPOST believes in its reasonable opinion to be authorised.

2 Unacceptable Shipments


Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

  • it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation and does not meet the packaging or acceptance requirements outlined by the authority or destination country;
  • no customs declaration is made when required by applicable customs regulations; or
  • FREIPOST decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains and illegal narcotics/drugs).

3 Handover

3.1.1 Addressing and packaging Items must be addressed and packaged in accordance with the requirements of Freipost, it’s agent and the country of destination. Please note in particular the packaging specifications and quantity restrictions for hazardous goods. For deviations that cause additional processing, Freipost may impose a surcharge.

3.1.2 Handover to Freipost Items may be handed in for mailing in accordance with Freipost requirements. Items will be collected by Freipost or by a third party it appoints, assuming that the Freipost services provide for this.

3.1.3 Authoritative data If, during the electronic recording of address data and the barcode on mail, different details (including digital images) are recorded from those provided by the Customer to Freipost in electronic or any other form, the Freipost data shall have precedence for the purposes of further processing. The data recorded by Freipost shall also have precedence in the case of mail which is returned to the sender. If only Freipost has the relevant data, the Customer shall acknowledge them as appropriate.


4 Deliveries & Undeliverables

4.1 Items are regarded as delivered if Freipost has handed them over to it’s designated Delivery Agent or third party, including but not excluding the postal carrier, recipient or deposited them in the letterbox, mailbox or post office box or in another place specified for this purpose. The Customer acknowledges the delivery events recorded electronically by Freipost’s website or, nominated delivery agents Website as proof of successful delivery.

4.2 Place of delivery Registered items. items requiring proof of delivery, and items too large to deposit in letterboxes or mailboxes shall be either handed over at the entrance to the house – in accordance with Freipost’s service providers specifications – or placed in lockable parcel boxes, subject to other agreements with the sender or recipient. In justifiable cases such as holiday or weekend homes or in the case of residences outside the delivery area, the place of delivery shall be the location specified by Freipost or it’s agent.

4.3 Sundays and public holidays If the time of delivery (= performance) falls on a Sunday or another official public holiday or customary holiday at the place of delivery, performance will be deemed to take place on the next working day.

4.4 Authorized recipients. In addition to the addressee, all persons encountered at the same residence or place of business shall be entitled to receive items of mail. If the recipient or other persons entitled to receive the items of mail are absent, parcel, courier and express items may be delivered to a neighbour. This condition shall apply unless otherwise stipulated by the sender or recipient in accordance with the services provided by Freipost.

4.5 Deputization. The Customer may designate a third party to represent him/her in dealings with Freipost. Freipost reserves the right to demand a written power of attorney. Signatures must be notarized if requested by Freipost. Power of attorney, once issued, shall not lapse either upon the principal’s death or loss of capacity or upon the bankruptcy of either the principal or the agent, unless agreed otherwise.

4.6 Mail collection notice

a. Freipost’s nominated delivery agent may leave a mail collection notice if the sender has selected such a service or if, due to its size, the item is to be delivered personally to the recipient or other persons entitled to receive mail, but no-one is at the address.

b. Deadlines The holder of a mail collection notice is entitled to call for the items indicated on the notice within a period of seven days. Freipost reserves the right to hand over the item only to the recipient indicated on the notice. c. Alternative agreements This condition shall apply unless otherwise stipulated by the sender or recipient in accordance with the services provided by Freipost.

4.7 Refusal of acceptance
Parcels and parcel-type express consignments Refusal to accept parcels and parcel-type express consignments is only possible when these items are handed over in person. In such cases, Freipost will return the parcel or the parcel-type express consignment to the sender at the latter’s expense, provided the sender is known.


5 Inspection

FREIPOST has the right to open and inspect a Shipment without prior notice to Shipper.


6 Shipment Charges & Billing


FREIPOST's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by FREIPOST to confirm this calculation. Shipper shall pay or reimburse FREIPOST for all Shipment charges, storage charges, duties and taxes owed for services provided by FREIPOST or incurred by FREIPOST on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.


7 Liability

Freipost contracts with the shipper on the basis that liability is limited and for direct loss only. Liability may be covered under statutes of limitations and conventions, including but not excluding; Hague Visby, COSGA, Warsaw Convention. Unless otherwise stated, all other terms and conditions of Freipost’s appointed third parties will apply.

Freipost shall comply with the Swiss Code of Obligations relating to carriage contracts. It is liable only for amounts up to that of the substantiated damage. It is not liable for force majeure, consequential damage and lost earnings. If the Customer does not use the appropriate service in accordance with the requirements of Freipost to transport the item or if he/she sends goods that may not be delivered by mail, Freipost shall not be liable. 


8 Time Limits for Claims

All claims must be submitted in writing to FREIPOST within thirty (30) calendar days from the date that FREIPOST accepted the Shipment. All other claims must be settled within twelve from the date FREIPOST acceptance date. Failing either instance, Freipost will time-bar any such claim without formal notice. FREIPOST will have no liability whatsoever in both instances.


9 Shipment Insurance*

FREIPOST can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section via FREIPOST's online systems and pays the applicable premium at time of booking. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.


10 Delayed Shipments


FREIPOST will make every reasonable effort to deliver the Shipment according to FREIPOST's and it’s appointed delivery agents regular advertised delivery schedules, but these are not guaranteed and do not form part of the contract. FREIPOST is not liable for any damages or loss caused by delays.


11 Force Majeure


FREIPOST is not liable for any loss or damage arising out of circumstances beyond FREIPOST's control. These include but are not limited to:-"Acts of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to FREIPOST; riot or civil unrest; any act or omission by a person not employed or contracted by FREIPOST e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.


12 Shipper’s Warranties and Indemnity


Shipper shall indemnify and hold FREIPOST harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:

  • all information provided by Shipper or its representatives is complete and accurate;
  • the Shipment was prepared in secure premises by Shipper's employees;
  • Shipper employed reliable staff to prepare the Shipment;
  • Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to FREIPOST;
  • the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
  • all applicable customs, import, export and other laws and regulations have been complied with; and
  • the waybill has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.


13 Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.


14 Courts of Jurisdiction


The place of jurisdiction shall be St Gallen Switzerland. For disputes arising from consumer agreements, the court at the place of residence or registered office of one of the parties is responsible for claims brought by the customer, and the court at the place of residence of the defendant is responsible for claims brought by Freipost.

Consumer agreements are agreements concerning services to be used by the customer or his family. In the case of customers domiciled abroad, St Gallen Switzerland, will be the place of debt collection and sole place of jurisdiction for all proceedings.

Applicable law
In all other cases, the contractual relationship shall be subject to Swiss law.

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of FREIPOST,


15 Severability


The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

 
 
     
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