1. General Agreement 2. Definitions 3. Pricing 4. Payments 5. Prohibited Items 6. Delivery 7. Insurance and Liability 8. Confidentiality 9. Final Provisions
Current terms and conditions form part of the transportation agreement between Capital Logistics OÜ and Customer. Customer places delivery order, which confirms the acceptance of these terms and conditions. By placing a delivery order with us, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. Customer authorizes Capital Logistics OÜ to act as an agent to pick-up and arrange delivery of packages.
After placing an order, you will receive an automated e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a service. Your offer is deemed to be accepted by us at the time we take payment for the service(s) or at the time that we dispatch your shipment to the delivery address that you have provided, whichever is the earlier. By paying the delivery order, customer is reassuring that he fully accepts our terms and conditions.
"We": Capital Logistics OÜ, Registry No. 12578037, VAT No. EE101733849, Narva mnt 5, 10117 Tallinn, Estonia, email@example.com.
"Partner company": Carrier, Logistics, Insurance or any other company sub-contracted by Capital Logistics.
"Order": Content of your package.
"Goods": The content of your order.
"Item": Any part of your goods.
"Shipper": Capital Logistics
"Shipment": Shipment that can be constituted by multi packaged, within the same tracking number.
"Customer": Person who pays for the service to Capital Logistics.
|Weight||EU/EFTA||Rest of the World|
|500g - 1kg||€30||€50|
|1kg - 2kg||€40||€55|
|2kg - 5kg||€60||€80|
|5kg - 10kg||€90||€125|
|10kg - 20kg||€140||€200|
|20kg - 40kg||€240||€350|
|40kg - 60kg||€330||€550|
|60kg - 100kg||€545||€1050|
|100kg or more||Please consult||Please consult|
20% VAT rate will be added to the shipping cost.
EU member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.
EFTA member states: Iceland, Liechtenstein, Norway and Switzerland.
4.1. Euro is the main currency used for payments between parties, USD and GBP will also be accepted but subject to an exchange rate fee based on PayPal exchange rates.
4.2. Payment methods accepted: Bank Transfer, PayPal and Bitcoin throught BitPay.
4.3. 100% pre-payment required for all shipments.
4.4. Payments must be completed within 3 business days after the invoice is issued.
4.5. Interest rate of 0,20% per day applies on invoices in case of delayed payments for more than 10 days after the invoice issued.
4.6. Payments shall be considered done only upon the receipt of money in full in the accounts of Capital Logistics. Such payments shall be done to the following accounts:
Beneficiary's Name: Capital Logistics
Beneficiary's Address: Narva mnt 5, 10117 Tallinn, Estonia
Bank's Name: SWEDBANK AS
Bank's Address: Liivalaia 8, 15040 Tallinn, Estonia
PayPal account: firstname.lastname@example.org (4% handling fee will apply)
BitPay account: email@example.com (1% handling fee will apply)
Please include only the shipping order number on transaction description.
5.1. Cargos requiring default temperature regime.
5.2. Fireworks, explosives and other items of an incendiary or flammable nature.
5.3. Guns, firearms, ammunition/ammo, weaponry, lethal items, parts thereof or anything resembling it (such as imitation items, novelty items, collector items or works of art).
5.4. Animals of any form (alive, dead or in parts).
5.5. Biological goods and/or medical products.
5.6. Aerosol, liquids, creams and oils.
5.7. Any kind of drugs, be it legal or illegal.
5.8. Pornography and/or obscene material.
5.9. Any good or substance which might be dangerous or hazardous.
5.10. Radioactive materials and hazardous waste, including but not limited to hypodermic needles, syringes or medical waste.
5.11. Shipments which may cause damage to, or delay of, other shipments, equipment or personnel.
5.12. Any item which is prohibited by any law, regulation or statute of any country, state, provincial, or local government from, to or through which any shipment may be carried.
5.13. Any item or substance which is forbidden to be carried on a cargo aircraft by any applicable law or regulation, including but not limited to the regulations of the international air transport association (iata).
5.14. Forbidden articles, including but not limited to this list. In case of any doubt, the customer must submit Material Safety Data Sheet (MSDS) to Capital Logistics for final acceptance.
6.1. Capital Logistics OÜ reserves the right to sub-contract security, supply-chain management, insurance, courier and logistics services from any third-party companies (such as FedEx, UPS, TNT Express, DPD, Omniva, G4S, Malca-Amit, Loomis, Brinks, PZU, Ergo and others).
6.2. We reserve the right to inspect and control the consignment, if required.
6.3. The standard delivery time is up to fifteen (15) working days from the physical handover to Capital Logistics. Customer accepts the delivery time as stated in current condition without any further refund.
6.4. The goods will be delivered by our courier partner to the delivery address as stated in the order and not the person whose name is written or printed on the parcel.
6.5. Your shipment tracking number will be informed to you together with our choosen courier by email as soon as your package is dispatched. Tracking can be done online on the official courier website. It is your responsibility to make sure our email domain is not going to your spam folder.
6.6. You are responsible for payment of any and all sales taxes and import duties or equivalent, in connection with the sale, importing and delivery of the Products, due and payable in the jurisdiction in which the Products are ordered and/or delivered.
6.7. Any change of delivery address or forward of the package, agreed with our courier partner without our written consent, will automatically cancel any liability and possibility of insurance claim. Also, extra-costs might arise from any agreement you might do directly with the courier partner without our written consent.
6.8. The ownership of the Goods passes to you upon delivery. The delivery is completed once our courier partner collects a signature at the delivery address. It is your sole duty to ensure the parcel is signed for by an authorised person. We strongly advise that You be present at Your premises to avoid a non delivery notice being left. We will not be responsible for any delivery that has been signed for at your address but not received by you.
6.9. We cannot be held responsible for delays in delivery or collection as a result of stock shortages, due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control. Any dates quoted for delivery are approximate only and the time of delivery will not be of the essence of the contract.
6.10. It is your obligation to accept delivery, if no one accepts delivery at the delivery address the item(s) will be returned to us if not collected from the local sorting office. Normally we will try to contact you and attempt to re-deliver them. We do not normally treat this as a default or problem unless, for example, it happens repeatedly.
6.11. Ultimately, if we are unable to arrange re-delivery, or if re-delivery fails, it will be a default or problem, and at our discretion we may either (1) sell the item(s) and reimburse you for the sale price of the item(s) after deducting our fees, charges and costs, or (2) move the item(s) to storage with one of our subcontractors which will incur our storage and delivery service fees.
6.12. Our delivery service is complete when we have completed our delivery obligations under these terms and conditions, or when we have been released from those obligations in accordance with these terms and conditions.
7.1. All orders are 100% insured up to 15,000 EUR maximum value per shipment, with no deductible value.
7.2. Freight costs are included in the insurance maximum value per shipment.
7.3. Shipments above 15,000 EUR can be divided into smaller shipments to meet the 15,000 EUR insurance maximum value per shipment. Each of those smaller shipments must have their own individual tracking numbers and must be shipped on different days between them. Each package will constitute a separate order, under a separate contract. If there is any problem with delivery of one package customer will have rights and remedies under these terms and conditions in relation to that package, not the other packages.
7.4. Insurance is guaranteed by Capital Logistics under our terms and conditions, and/or by a third-party insurance company. We will not take out insurance specifically to cover risks under the contract unless we have agreed this with you, and our charges for arranging and maintaining such insurance, in a formal writing form. We may choose to use insurance to cover risks to our business as a whole, including all our contracts and all our customers but are not obliged to take out or maintain insurance. If we agree to meet liabilities (or we are ordered to meet them) and we have alternative ways of funding the liabilities, we can choose whether or not to draw on our insurance.
7.5. All claims (including non-delivery or lost shipments) must be submitted within 3 days after the expected delivery date, by written notice to Capital Logistics OÜ. We will not accept any claim for ‘lost’ or ‘missing’ parcels if the customer deviates from this standard delivery terms.
7.6. The cargo shall be deemed lost if no information has been received of the cargo and/or the means of transportation used to carry the cargo within 60 days after the expected date of the arrival of the package to its final destination.
7.7. Upon starting a claim, you agree to take all reasonable actions to assist in recovery of the package/goods, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in the recovery efforts, neither Capital Logistics, nor our insurance company or carrier, will bear no liability whatsoever towards you.
7.8. Nor do we, nor our partners, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In such a case, your package will not be covered for insurance by Capital Logistics or any of our partners.
7.9. The liability for any loss is yours where delivery is subject to a postal redirection or to a PO Box or mail box address, or an address/house of multiple occupation.
7.10. All orders will be deemed delivered when signed for by any person at the delivery address or confirmed as delivered by our couriers. You must make sure, before requesting any delivery, that this will be secure as any loss incurred after the delivery is signed at the address or confirmed as delivered by our couriers will be your own liability. This may particularly be a risk for you if you live in a house with multiple occupants or you choose a delivery to a work address. You must ensure that the parcel delivery arrangements are in place to accept and receive goods at the nominated delivery address.
7.11. We cannot accept any responsibility or liability for safe delivery beyond the handover of the relevant Order to the delivery address or any liability for fraudulent acts committed by any third party.
7.12. You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with and instruct the courier to return the item to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our terms and conditions provided that you directly receive the package from the common carrier. Neither we, nor our partners, accept (and we specifically disclaim) responsibility if you were not in the address at the time of expected delivery or if you have left any special delivery instructions with any carrier or delivery service (ex. package forwarding, reschedule of delivery times, etc).
7.13. We are entitled but not obliged to investigate cases of non-delivery. We will consider investigating particularly if we suspect fraud. We may commission others, including investigators and professional advisers, to assist with any investigation.
7.14. If you (either alone or with others) are found to have acted fraudulently in relation to non-delivery, we will have no obligation to attempt a fresh delivery of replacement item(s). This will apply if you are found to have acted fraudulently by (1) any court or tribunal finding or decision, or (2) reasonable grounds for a suspicion established by any investigation by us or any law enforcers.
7.15. You must indemnify us upon request against all and any of our costs, including the time and effort of our staff and expenses reasonably incurred in exercising our right to investigate non-delivery reported by you. This means that if we ask, you must reimburse us. This indemnity will be disapplied if you or our investigation into non-delivery can demonstrate there was no fraud, and that there are no reasonable grounds to suspect it.
7.16. We will not be liable for any delay in the delivery of goods or any non-delivery, if it is caused by: a) you being unavailable; b) your instructions (or lack of instructions) relevant for delivery; c) a person or factor that is beyond our or our carrier’s control (e.g. traffic or emergency) or that is within your control.
7.17. We will be liable for failed delivery of a package if there is no fraud or error on your part and, for example, we confirm the package was never sent, or our carrier confirms that the package was lost by the carrier, or stolen from it. We reserve the right to replace the items or refund you the original price stated in the original order invoice, after filling a statement of truth form and providing us with a valid government ID copy, and we or our partners shall have no further responsibility or liability to you.
7.18. Failed delivery is deemed to be always in your reasonable control unless it is demonstrably caused by us or our carrier and not at all by you.
7.19. If a case of failed delivery is demonstrably caused by us or our carrier and not at all by you or a person or factor that is within your control, our liability shall be limited as follows (whichever applies): a) If we or our carrier still hold the item(s): to the cost (if any) of re-delivery;
b) If we or our carrier do not hold the item(s): to the price (as stated in the accepted order) of the item(s) contained in the package that was not delivered, and the cost of our delivery service for that package.
7.20. Our liabilities are unlimited for: (a) death or personal injury caused by our negligence or our employees, and (b) fraud or fraudulent misrepresentation by us, and (c) breach of your statutory rights.
7.21. Except for our liabilities which are stated above as being unlimited, under no circumstances whatsoever will we be liable to you for any loss of profit, or any indirect or consequential loss or damage arising under or in connection with the contract or any transaction or service.
7.22. Any other liabilities of ours not referred to above, or not excluded or limited as above, are limited to the amount of our relevant insurance cover if we have relevant insurance in place or if we have no insurance cover in place to the price stated in the accepted order or offer for the relevant transaction or services (if any). If a price is not ascertainable, these liabilities are limited to €100.
8.1. Shipments are dispatched in discrete packages, there is no indication anywhere on the packaging of the contents or value, unless required by law on the shipping labels (for example some exports outside EU VAT Area).
8.2. You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check will not be performed and that your credit rating will be unaffected.
8.3. Your email address is essential in order for us to be able to provide you with important information regarding your order such as order confirmations and changes to the service. By ordering with us you accept that your email address may be used to provide you with such information.
9.1. The Force Majeure (Exemption) clause of the International Chamber of Commerce (ICC Publication No. 421) is hereby incorporated in all our terms and conditions.
9.2. All disputes are to be settled amicably between the parties. Otherwise disputes shall be governed and construed in accordance with the Laws of Estonia with exclusive jurisdiction in the High Courts of Tallinn.
9.3. If any provision of this agreement is legally ineffective, this shall not render the entire contract ineffective. Rather, the ineffective provision shall be replaced by a relevant and effective provision corresponding to its economic purpose. The same applies to any gaps in this contract.
9.4. We reserve the right to change these General Terms and Conditions in respect of future business. This provision shall not cover, however, unreasonable changes, in particular those pertaining to key contractual components, such as the main services owed, which would themselves form the subject of an amending contract.