Terms & Conditions
Last Updated: March 01, 2019
1. Acceptance of Terms
3. Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with wanderinggracerose.com and represent, warrant and covenant that you provide with accurate, truthful, and complete registration information (including, but not limited to your name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date.
You shall not:
- provide any false personal information to com (including a false User Name) or create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or com account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
wanderinggracerose.com reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your wanderinggracerose.com password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify wanderinggracerose.com in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
4. Notifications and Service Messages
You agree that we may provide notices to you via banners on the Service, or an email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn’t up to date, you may miss out on these notices.
Please review your settings regularly to control and limit what kind of messages you receive from us.
6. www.wanderigngracerose.com Content
The Service contains Content specifically provided by wanderinggracerose.com or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
7. User Submissions
By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant wanderinggracerose.com a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and wanderinggracerose.com‘s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to wanderinggracerose.com does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with wanderinggracerose.com.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that wanderinggracerose.com will not be liable for any errors or omissions in any Content; and that wanderinggracerose.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
8. Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without com‘s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of com or any third party;
- impersonates any person or entity, including any employee or representative of com;
- includes anyone’s identification documents or sensitive financial information; or
wanderinggracerose.com has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not: (i) take any action that imposes or may impose (as determined by wanderinggracerose.com in its sole discretion) an unreasonable or disproportionately large load on wanderinggracerose.com‘s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures wanderinggracerose.com may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of wanderinggracerose.com‘s guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
10. Warranty Disclaimer
Save to the extent required by law, wanderinggracerose.com has no special relationship with or fiduciary duty to you. You acknowledge that wanderinggracerose.com has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release wanderinggracerose.com from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. wanderinggracerose.com makes no representations concerning any Content contained in or accessed through the Service, and wanderinggracerose.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
wanderinggracerose.com, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): wanderinggracerose.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. wanderinggracerose.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on wanderinggracerose.com‘s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
12. Limitation of Liability
ALL LIABILITY OF wanderinggracerose.com, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF wanderinggracerose.com, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL wanderinggracerose.com, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT wanderinggracerose.com, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
- ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
13. Dispute Resolution & Governing Law.
Save for users located in the EEA and/or Australia, the following arbitration and governing law provisions shall apply:
14. Government Use
15. Integration and Severability
You may contact wanderinggracerose.com at the following address: wanderinggracerose.com, (Owner: Gregorio Bustos Serrano – NIF: 50.448.467-Z) Avenida del Rio, 38. Villanueva de la Canada, Madrid. Spain
Return and Cancelation Policy
Wandering Grace wine bottles are not returnable but may be refunded or replaced. The orders cannot be cancelled but may be refunded by contacting firstname.lastname@example.org
WanderingGraceRose has a shipping agreement with UPS international under the following terms and conditions:
UPS Terms and Conditions of Carriage The Spanish language version of the UPS Terms and Conditions of Carriage is the governing document.
The English language translation is provided for convenience only.
A. These terms and conditions (“terms”) set out the basis on which United Parcel Service (“UPS”) will transport packages, documents and envelopes (“packages”) and palletised goods (“pallets”; pallets and packages are together “shipments”).
These terms are supplemented by the current applicable UPS Service and Tariff Guide (“the Guide”).
The Guide contains important details about the services of UPS which the shipper should read and which form part of the agreement between UPS and the shipper.
B. In these terms “UPS” means United Parcel Service España Ltd. Y Compañia SRC, Parque Empresarial Alvento, Via de los Poblados 1 Edificios C y D, 28033 Madrid. The contract will be performed between the shipper and UPS.
This company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
C. Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply.
The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended or supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Notwithstanding any contractual clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
D. A shipment may be carried via any intermediate stopping places that UPS deems appropriate. UPS may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and subcontractors each of whom shall have the benefit of these terms.
E. In these terms, “Waybill” shall mean a single UPS waybill/consignment note or the entries recorded against the same date, address and service level on a pick-up record. All packages or pallets covered under a Waybill shall be considered a single shipment.
2. Scope of Service Unless any special services are agreed, and subject to these terms, the service to be provided by UPS is limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that UPS may not monitor the inbound and outbound movement of individual shipments at all handling centres.
3. UPS is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.Conditions of Carriage This section sets out various restrictions and conditions apply to the carriage of shipments by UPS. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
3.1 Service Restrictions and Conditions Shipments must comply with the restrictions in paragraphs (i) to (iv) below.
(i) Packages must not weigh more than 70 kilograms or exceed 274 centimetres in length or a total of 400 centimetres in length and girth combined. Pallets are subject to maximum size and weight limits that vary by origin and destination, and that are set out at www.ups.com.
(ii) The value of any package may not exceed the local currency equivalent of USD 50,000. The value of any pallet may not exceed the local currency equivalent of USD 100,000.
(iii) Packages must not contain any of the prohibited articles listed in the Guide including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by UPS, or the carriage, export or import of which is prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Guide and applicable law.
Unless a different service level is clearly selected on the Waybill or other applicable UPS shipping documentation, shipments will be carried under the Express (or Express Freight) service (where available to the selected destination) and all applicable charges will be calculated accordingly.
The shipper guarantees that all shipments presented for carriage under these terms comply with the restrictions in paragraphs (i) to (vii) above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to UPS and have been protected against unauthorised interference during their preparation, storage and transportation to UPS.
UPS relies on this declaration guarantee in accepting any shipment for carriage hereunder.
3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. UPS does not provide special handling for such shipments.
3.3 Refusal and Suspension of Carriage
(i) If it comes to the attention of UPS that any shipment does not meet any of the above restrictions or conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, UPS may refuse to transport the relevant shipment (or any part thereof) and, if carriage is in progress, UPS may suspend carriage and hold the shipment (or any part thereof) to the shipper’s order.
(ii) UPS may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the shipment or Waybill or if it cannot collect amounts due from the receiver on delivery.
(iii) Where UPS is entitled to suspend carriage of a package or shipment (or part thereof), it is also entitled to return it to the shipper at its own discretion.
3.4 The shipper must pay and indemnify UPS for any reasonable costs and expenses (including storage), incurred by UPS, any losses, taxes and customs duties UPS may incur and all claims made against UPS because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1 above, (ii) of any refusal or suspension of carriage or return of a shipment (or part thereof) by UPS which is allowed by this paragraph 3, or (iii) of a failure by the shipper to comply with these terms. In the case of the return of a shipment (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPS.
3.5 If the shipper tenders to UPS a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without UPS’ express written consent, UPS will not meet any damage howsoever arising which the shipper may suffer in connection with the carriage by UPS of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence, except wilful misconduct, of UPS or any negligence, including wilful misconduct, of its employees, contractors or representatives) and, if UPS does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid. UPS may bring a claim in respect of such non-compliance.
3.6 If, having suspended carriage of a shipment (or part thereof) in accordance with these provisions, UPS is unable within a reasonable time to obtain the shipper’s instructions on its disposition, or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment) UPS shall be entitled to dispose of the package or shipment (or part thereof), following the procedure established by law.
The proceeds of any such disposal shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the package or shipment or otherwise from the shipper concerned. Any balance, if existing, shall be held or given back to the shipper’s order.
3.7 Unless prohibited by law, UPS reserves the right, but is not obliged, to open and inspect, or scan by means of X-ray, any shipment tendered to it for transportation at any time.
4. Customs Clearance
When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, UPS with complete and accurate documentation for the purpose but UPS will unless instructed otherwise act on behalf, at the expense and at the risk of the shipper or receiver in obtaining customs clearance.
Provided that, in the case of shipments whose points of despatch and destination are both within the same customs area, UPS only performs customs clearance if instructed to do so.
The shipper also agrees that UPS may be considered as being the receiver of package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance, in so far as allowed by law.
5.1 The rates for carriage and other services are set out in the Guide and unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with UPS.
UPS may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.
5.2 If (a) UPS is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, (b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by UPS due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with carriage, the shipper shall be jointly and severally liable to UPS with the receiver and such third parties for such amounts. In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, UPS will (without prejudice to the shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or the third party.
If the amount in question is not immediately paid to UPS in full by any of the above parties, the amount will be payable by the shipper on first written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to UPS at first request. UPS shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.
5.3 Any sum payable to UPS which is overdue will bear interest at the rate specified on the invoice from the due date to the date UPS receives payment whether before or after judgment. In addition, UPS reserves the right to charge a late payment administration fee up to a maximum of EUR 40 per invoice.
5.4 UPS’ rates for carriage set out in the Guide are calculated only for the carriage of shipments which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower).
In the event that UPS becomes aware that it has carried a shipment which, without UPS’ express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other actions under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess of the relevant amount set out in paragraph 3.1(ii) is applicable.
6. Interruption of Service If UPS is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, UPS will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage.
Examples of events beyond UPS control are disruption to air or ground transportation due to bad weather, fire and flood, war, hostilities and civil disturbances, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting UPS or some other party.
7. Money Back Guarantee For certain services and destinations, UPS offers a money back guarantee on the shipping charges.
Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guide and on the UPS website (www.ups.com), each as current at the time the goods are accepted for carriage and can also be confirmed by contacting the shipper’s local UPS call centre.
For the avoidance of doubt, the liability of UPS under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.
8. Collect on Delivery (COD) For certain destinations and services as advised by the local UPS call centre, UPS offers a COD service on payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to the provisions set out below (including those related to currency conversion) UPS will collect on behalf of the shipper the COD amount stated on the waybill.
This service is not available for pallets. COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as UPS may reasonably determine.
UPS does not accept responsibility for any currency exchange risks.
8.1 Cash COD – Where UPS is instructed on the Waybill in accordance with applicable UPS guidelines to accept cash only, UPS will collect only cash, in the currency of the country of destination. Where cash is collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency equivalent of USD 5,000 per receiver per day.
Notwithstanding the previous rule,, the amount collectible in cash on behalf of a shipper from receivers located in the following countries for COD shipments may not exceed the respective amounts per receiver per day: Belgium: EUR 3.000; Spain: EUR 2.499; Greece: EUR 500; Portugal: EUR 1.000; Italy: EUR 2.999; France: EUR 1.000; Romania: RON 10,000 for individuals, RON 5,000 for legal entities; Sweden: SEK 3.000, Poland: 15.000 PLN .
If the shipper specifies a COD amount that exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that amount. Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guides or at the UPS Website (www.ups.com).
8.2 Cheque COD – If the Waybill does not clearly (and in accordance with applicable UPS guidelines) instruct UPS to accept only cash, UPS may accept payment either in cash (subject to the restrictions in paragraph 8.1) or by any kind of cheque made out to the shipper that is recognized in the country of destination of the shipment.
Where UPS accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of 50.000 USD per package (or other applicable value, if lower). Where UPS is permitted to accept a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country of destination.
8.3 Payment of Collected COD Amounts: Where UPS collects cash, UPS will pay to the shipper an equivalent amount in the local currency of the country where the shipment was presented to UPS for transportation. UPS may make such payments of COD amounts by either wire transfer to any bank account notified to UPS by the shipper or issuing a cheque in favour of the shipper. Any cheques in favour of the shipper, issued either by UPS as set out above or by the receiver and collected by UPS pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the shipper’s behalf.
8.4 In the event of non-receipt by the shipper of COD amounts, the shipper must notify UPS in writing within 45 days of the date of delivery of the shipment concerned.
8.5 The shipper will indemnify UPS for all losses, expenses and any claims made against UPS by a third party, arising where UPS does not deliver a shipment because the receiver does not pay the COD amount in the appropriate form or refuses to accept the shipment. 8.6 The liability of UPS in respect of the amount to be collected shall not exceed either the applicable maximum amount collectible under these terms or the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD amount shall not in any event exceed the value of the goods at their destination plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of UPS for any loss, damage or delay to the goods themselves. UPS does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver including, but not limited to, presenting a fraudulent cheque or one which is later dishonoured, or for cheques incorrectly completed by the receiver.
9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of UPS is governed by and will be limited according to the applicable rules.
9.2 Where Convention Rules or other mandatory national laws do not apply, UPS will only be liable for failure to act with ordinary care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either: (a) 85 EUR per shipment, or (b) 8,33 Special Drawing Rights (SDRs) per kilo of the goods affected unless a higher value has been declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in mayor financial newspapers. As at the date of publications of these terms, 8,33 SDRs was equal to approximately 9 EUR.
9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a or package or pallet, any liability UPS may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability than UPS provides under paragraph 9.2 above or than may be provided by Convention Rules or other mandatory national law. The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the applicable charge, then UPS’s liability shall be limited to proven damages of not more than the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1 (ii).
9.5 Save where Convention Rules or other mandatory national laws require otherwise, UPS does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment (or part thereof), whether or not a value has been declared in respect of the relevant shipment under paragraph 9.4.
10. Delivery UPS may deliver a shipment to the receiver or to any other person appearing to have authority to accept the delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available, the package may be left in the receiver’s letter box, if suitable, or delivered to the neighbour, unless the shipper has excluded such delivery options by using the applicable additional service. The receiver shall be informed of any alternate delivery arrangements (or redirection to a UPS Access Point®) by note left at their premises.
Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver.
Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery.
The shipper also agrees the receiver may receive delivery information regarding a package.
The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver. UPS may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to UPS relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise, UPS accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a shipment to its shipper and, in the event that UPS attempts to do so but fails, UPS shall have no liability for such failure.
11. Data Protection
11.1 UPS has the right to process data provided by the shipper or receiver in connection with carriage by UPS, to transfer such data to other group companies and contractors of UPS, including in other countries which may not have the same level of data protection as the country where the shipment is presented to UPS, and to have it processed there if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services.
The shipper warrants that it (i) has obtained personal data the shipper provided to UPS for the shipment lawfully, (ii) is authorized to provide such data to UPS, including if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services, and (iii) has obtained informed and specific consent from such receiver that UPS may send e-mail and other notifications related to the agreed shipment services to the receiver.
UPS uses the shipper’s personal data provided by the shipper in accordance with the UPS Privacy Notice published on UPS’s web site at http://www.ups.com/content/gb/en/resources/ship/terms/privacy.html.
11.2 Furthermore, the shipper warrants that he has duly informed the receiver that UPS may use the receiver’s personal data in accordance with the above linked UPS Privacy Notice in effect at the time of shipping with regard to uses other than those specified in subsection 11.1 above.
12. Claims Procedure.
All claims against UPS must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment) and in the case of loss within 60 days of the goods being consigned with UPS for carriage.
In addition, all claims against UPS in connection with any shipment will prescribe and be barred by the passing of time, unless legal proceedings are brought and written notice of them is given to UPS within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery.
This term shall not affect any rights the shipper may have under International Convention Rules or other mandatory national laws.
13. Entire Agreement & Severability It is the intention of UPS that all the terms of the contract between it and the shipper are contained in this document and in the Guide.
If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of UPS before the shipment is accepted for carriage by UPS. If any part of these terms are not enforceable, this will not affect the enforceability of any other part.
14. Governing Law These terms and any contract concluded which incorporates these terms shall in all respects be governed by the laws of the country where the shipment is presented to UPS for carriage. Any controversy arising out of or relating to these Terms and Conditions of Carriage, irrespective of its amount, as well as any agreement established by virtue of these Terms and Conditions of Carriage, shall be subject to the jurisdiction of the Transport Arbitration Court of Madrid.
The parties expressly renounce to any other jurisdiction which could be competent. The previous will not be applied to consumers, who will be submitted to the jurisdiction legally established