DHL Terms of Service
These conditions apply to the transaction and relationship between end consumer (“Purchaser”) and the owner of the website (“Seller”) through which a product or parcel (“Shipment”) is being bought and which will be delivered at the final destination as requested by the Purchaser.
Purchaser and Seller acknowledge that Carrier will provide the transportation, customs clearance, distribution and certain other value added services to that Shipment. Carrier herein shall mean DHL Global Mail (DHLGM) and/or any other vendor or subcontractor contracted by DHL Global Mail to perform any part of the transportation and delivery services to Purchaser or third parties. Purchaser acknowledges that the total price he is paying at the moment of purchase/checkout includes the price of the item acquired plus all shipping and transportation charges and an estimated calculation of the applicable duties and taxes. Purchaser expressly and irrevocably agrees to pay such price, including the calculation of the applicable duties and taxes.
Purchaser warrants that all declarations and information provided with respect to the Shipment are true and correct. Any false or misleading declaration can result in fines, penalties, storage or additional handling costs, damage, loss or misdelivery of the Shipment all of which Purchaser shall be solely responsible for. Purchaser hereby agrees to indemnify Seller and/or Carrier against any and all claims brought against them as a consequence of the information provided by Purchaser and shall compensate Seller and/or Carrier accordingly. Purchaser acknowledges that once the purchase is made, the items acquired will be grouped and prepared for shipment. By opting to check out the merchandise and paying for handling, taxes and the price of the item, Purchaser explicitly agrees that Seller and Carrier can commence the handling of the international parcel prior to the expiry of any withdrawal period and thus irrevocably waives any right to withdraw his shipping and distribution order.
By opting to entrust DHLGM with the handling and transportation of the Shipment, Purchaser agrees to the standard terms and conditions of carriage in place at the time of the transportation of the Shipment. The applicable standard terms and conditions of the carrier including any limitation of liability terms and its respective amounts, can be found at carrier’s website at www.dhlglobalmail.com
If the Purchaser gives oral or written instructions contrary to these general conditions when purchasing goods from a Seller’s website and/or when entrusting Carrier with the handling of the Shipment, Carrier shall not be bound by such instructions. Likewise, Carrier is not a party to any contract agreed upon between Seller and Purchaser, including but not limited to any contract regarding the transportation of the purchased goods.
Carrier will not carry items that may not be lawfully carried aboard airline, aircraft or other federally regulated carriers and is not a prohibited commodity under any applicable statutes and regulations, is not a hazardous material, complies with all applicable customs, import, export and other laws and regulations, and is properly packaged or sheathed for the purpose if necessary. Carrier reserves the right to refuse any item that by reason of danger or other character of its contents is likely, in the sole judgment of Carrier to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impracticable to transport, or that is improperly packed or wrapped. If the Shipment cannot be delivered or transported for any of the reasons herein, Purchaser accepts it will not receive the Shipment.
Purchaser understands that transport by Carrier does not comprise any special facilities with respect to perishable goods. Shipments containing perishable goods are accordingly transported at the Purchaser's exclusive risk and without any liability of Carrier or Seller. Carrier does not agree to carry, and will not accept any liability for items which it is not permitted to carry by policy or any applicable law, cannot safely carry, or for any goods described in Carrier’s policy on unacceptable shipments.
Carrier may at any time refuse to handle or suspend the transportation of a Shipment if it considers that Carrier may be at risk of violating any internal policy or law or may become aware or has reason to believe the information provided is false or inaccurate or could be dangerous and impose risk to any person or property and shall therefore stop any service rendered immediately without any liability to Carrier. If for the preceding reasons Carrier needs to destroy the contents of the Shipments it shall do so at its own discretion and Purchaser shall be responsible for all costs.
For shipments destined to EU-member countries specifically, services will be provided to Purchaser only after Purchaser has paid for the duties and taxes at the moment of purchase of products at the Seller’s website and explicitly agreed to become Importer of Record, which Purchaser hereby explicitly agrees to. Customs clearance shall be made in the name and on behalf of Purchaser as ultimate Importer of Record. As the importer of record, the Purchaser agrees to be ultimately responsible for importing the purchased goods within the Shipment into the destination EU-member state.
Purchaser hereby gives a proxy or power of attorney (“POA”) to Carrier for the customs clearance of his Shipment. This POA authorizes Carrier’s assigned customs broker to act on behalf of Purchaser. Carrier's intervention with respect to customs formalities may be done by a customs agent designated by Carrier on the Purchaser's behalf.
Purchaser hereby acknowledges to have understood the concept of Importer of Record and the need of the POA and further states that the terms of the POA or terms of the purchase from Seller and transportation conditions from Carrier are not unreasonable or unknown to Purchaser, that Purchaser has read them, understood them and further has agreed to them.
Purchaser shall be solely responsible for the payment of customs duties, value added taxes (“VAT”) or other taxes. To the extent that Seller and or Carrier advance any customs duties, VAT or taxes, Purchaser shall reimburse any and all of such duties and taxes incurred. Purchaser acknowledges that the amount paid at the time of checkout is based on an estimated calculation of the applicable duties and taxes, but actual duties and taxes will be imposed only at the time of clearance and Purchaser is responsible to pay those actual duties and taxes even if they differ from the amounts provided at the time of checkout, plus additional penalties or fees imposed by the tax or customs authorities. In the event of a difference between the calculated and the actual taxes and duties levied on the goods purchased by the Purchaser, Purchaser is responsible to pay such difference. If such amount is advanced by Carrier in order to expedite delivery of goods, Purchaser shall be responsible for paying the amount to Carrier directly or through Seller.
In the event that customs authorities impose a procedural fine (eg. for restricted or prohibited goods, lack of documentation, etc.) to Carrier or Seller, Carrier may choose to pay the fine immediately in order to avoid any delay in the customs clearance process. Purchaser shall reimburse any and all fines incurred. Purchaser agrees that Carrier or any governmental agency, including customs authorities, may open and inspect the Shipment at any time, without prior notice. Purchaser releases Carrier and Seller of any liability for any delay or damage caused to the Shipment as a result of any inspection performed by any authority.
Carrier is not liable for any interruption of service due to causes beyond its control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the Shipment; acts of God; acts of public authorities; acts or omissions of customs or other authorities; insufficient information provided by Seller or Purchaser; the application of security regulations imposed by the government, or otherwise applicable to the delivery location; riots, strikes, or other labor disputes; civil commotions; disruptions in air or ground transportation networks, such as weather phenomena; and natural disasters.
The Shipment shall be delivered by handing it over at the address provided at the time of purchase and checkout. The Carrier is not obliged to hand over the Shipment personally to the Purchaser. If the delivery place has a reception (such as hotels or apartment complexes among others), the Shipment may be handed over at this reception. Carrier will make every reasonable effort and attempt to deliver the Shipment. If the Shipment is not received and its delivery turns impractical after several attempts according to Carrier’s policies or even impossible, the Shipment will no longer be delivered to Purchaser and Purchaser will not have a claim against Carrier or Seller for non-delivery of Shipment.
Carrier is strictly limited to direct loss only. It is agreed that the liability of Carrier shall be limited to the lesser of: (a) $US 25.00/kilogram or $US 11.34/lb for shipments transported by air or other non-road mode of transportation; or (b) $US 12.00/kilogram or $US 5.44 /lb for shipments transported by road; or (d) the actual value of the parcel. The “actual value” of a document or parcel means the cost of replacing or reconstructing the same and does not include any commercial utility or special value to the Purchaser or any other person. Carrier assumes no liability whatsoever for consequential damages of any kind, including without limitation, loss of income, profits, markets, interest, business opportunity, use of the goods; for any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts even if the risk of such loss was brought to Carrier’s attention before or after acceptance of the Shipment.
The Shipment is regarded to have been delivered in good condition unless the addressee has reported damage or loss of content at the time of receipt. Any loss or damage at the time of delivery must be reported to Seller on the day the Shipment was received or should have been received.