Terms and Conditions
Capri Luggage Terms and Conditions of carriage
When ordering Capri Luggage’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Capri Luggage chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by Capri Luggage or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. 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).
Capri Luggage may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services : (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (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 customs broker or other address upon request by any person who Capri Luggage believes in its reasonable opinion to be authorized.
A Shipment is deemed unacceptable if:
- no customs declaration is made when required by applicable customs regulations,
- it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics.
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
- its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- it contains any other item which Capri Luggage decides cannot be carried safely or legally.
Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
Capri Luggage may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required or redirection.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, Capri Luggage shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. Capri Luggage shall have the right to destroy any Shipment which any law prevents Capri Luggage from returning to Shipper as well as any Shipment of Dangerous Goods.
Capri Luggage has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
Shipment Charges and Fees
Capri Luggage’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by Capri Luggage to confirm
Shipper, or the Receiver when Capri Luggage acts on Receiver’s behalf, shall pay or reimburse Capri Luggage for all Shipment or other charges due, or Customs Duties owed for services provided by Capri Luggage or incurred by Capri Luggage on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If Capri Luggage uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver, even if he does not have an account with Capri Luggage, Capri Luggage shall be entitled to assess a fee,
Capri Luggage’s Liability
Capri Luggage’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram), up to a maximum of $100 (approximately € 80). Such limits shall also apply to all other forms of transportation, except where the limits below apply:
For cross border Shipments transported by road, Capri Luggage’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram) up to a maximum of $100 (approximately € 80). For domestic transportation Capri Luggage’s liability is or shall be deemed to be limited to an amount of €1 per kilogram up to a maximum of € 30.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements. Capri Luggage’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Capri Luggage’s attention.
Capri Luggage will make every reasonable effort to deliver the Shipment according to Capri Luggage’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Capri Luggage is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.
All claims must be submitted in writing to Capri Luggage within thirty (30) days from the date that Capri Luggage accepted the Shipment, failing which Capri Luggage shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
Capri Luggage may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs Capri Luggage in writing, including by completing the insurance section on the front of the waybill or by Capri Luggage’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
Circumstances Beyond Capri Luggage’s Control
Capri Luggage is not liable for any loss or damage arising out of circumstances beyond Capri Luggage’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Capri Luggage; any act or omission by a person not employed or contracted by Capri Luggage - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold Capri Luggage harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment is acceptable for transport under Section 2 above;
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Capri Luggage;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations;
- Shipper has obtained all necessary consents in relation to personal data provided to Capri Luggage including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Capri Luggage, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.