General Conditions FXDC-Europoint
1 - Services in general
- This agreement is entered into by and between Flamingo Express Dutch Caribbean N.V. FXDC-Europoint. (this includes its agents and subsidiaries (hereinafter referred to as "FXDC-Europoint") and the "Customer". FXDC-Europoint provides the Customer with a postal address, which will be assigned for his/her exclusive use in Amsterdam, The Netherlands (hereinafter referred to as the "Address").
- The FXDC Shopping service consists of the receipt of merchandise, screening, forwarding and air freight shipment from Amsterdam, The Netherlands, to the Customer's destination for pick up at one of the branches of FXDC Europoint and if applicable to the delivery address as identified by the Customer, including all actions required for customs clearance.
2 - Payment and costs
- The Customer must pay at the counter:
- Freight expenses for shipment of merchandise, according to the rates as established on the website www.fxdc-europoint.com;
- Import taxes, sales tax and other taxes, if applicable;
- Storage fees, if applicable;
- Administration charges of $2,00 per Airway Bill (AWB) in the following cases:
- Incorrectness or incompleteness of provided data (e.g. name; account number)
- Not activated account (e.g. personal information of home address, phone numbers were not provided)
- Insurance fees
- Up to and including EUR 200,00
- Each additional EUR 100,00 or fraction thereof
- No insurance fee
- Dollar 2.00
- The insurance is mandatory
- Damage to or loss of a package can be reported to the Customer Service of FXDC-Post by the Customer. The Customer can file a claim after a damage inspection is performed by FXDC-Post. The claim forms are provided by your local FXDC branch. Claims will be handled within thirty (30) days starting on the day that the claim has been filed by the costumer. Filing a claim does not exonerate the Customer to pay freight expenses and taxes.
- In the event that the claim is approved by staff of FXDC-Post the payment to the customer shall be processed. The claim payment will be 100% of the invoice value of the item.
3 - Documents of charges and costsFXDC-Post will make available to the Customer documentation regarding charges and costs (fees and import taxes). It is mandatory for the customer to upload the invoice in the FXDC-Europoint system at www.fxdc-europoint.com. It is necessary for clearing it with customs in The Netherlands.
4 - Permit and authorizationThe Customer grants FXDC-Europoint unrestricted power to accept merchandise or any other parcel addressed to the Customer. The Customer grants permission and authorization for FXDC-Europoint to perform the necessary procedures, such as opening and verifying the contents of packages in an effort to offer complete orders, undamaged merchandise completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise for pick up at one of the branches of FXDC. In addition, the Customer agrees to take any action or sign any document, which becomes necessary to update or enhance said power. The Customer hereby agrees that FXDC shall not be deemed responsible for any claims against FXDC-Europoint for the reception, handling, consolidation and/or shipment of mail, except for cases in which FXDC-Europoint has acted in fraudulent or grossly negligent manner.
5 - Customer obligations concerning transportation
- The Customer shall become responsible for all legal infringements. The Customer hereby commits to accept the postal laws of Dutch Caribbean, of the customer’s destination and of the Netherlands. The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by Laws of Dutch Caribbean or in The Netherlands. The Customer is solely responsible for knowing all rules and restrictions before ordering shipments through FXDC-Europoint. FXDC shall not be deemed responsible for merchandise loss due to customs seizure.
- The Customer shall be solely responsible for any legal infringement incurred through the use of the FXDC-Europoint service. FXDC-Europoint reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to FXDC. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to FXDC-Europoint all required documents for such licensing. In case FXDC-Europoint would not receive the documents and the license required to proceed with a given shipment, FXDC-Europoint shall notify the Customer to provide these within ten (10) days. In case the missing documents are not supplied within such time, the goods will be retained and stored for thirty (30) days.
- In addition, the Customer hereby authorizes FXDC-Europoint to inspect, open and repack every package which it will come to handle as part of this Agreement, and FXDC shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the law.
The charges are based on the actual (in some cases rounded up) weight of the mail or merchandise except for: The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height) in cubic centimeters divided by six thousand (6,000).
- It is prohibited to order goods at the Address with an after pay solution, for example accept giro or bank transfer. Goods with an after pay solution will be returned to the seller immediately and all costs will be charged to The Customer.
6 - Import taxes and other taxesThe Customer shall be responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination. FXDC-Europoint will provide all required procedures for the customs clearance of the products coming from the Customer's Address, and will submit a bill for the Customer to pay locally.
7 - Delivery service to destinationFXDC-Europoint will receive, screen and forward to FXDC premises in the Dutch Caribbean the products shipped to his/her address in the Netherlands. The customs fees and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by FXDC-Europoint at the counter. Individual shipments weighing up to 40 kg and which are approved for international air transport will be shipped via air.
8 - Receipt and delivery guarantee
- Shipments to Bonaire shall be processed within an average lead time of five to seven (5-7) working days from their arrival date in Amsterdam, The Netherlands, if the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein. Shipments to other islands that transit through Bonaire could take longer. FXDC shall not be responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airliners, customs or documentation.
- If the Customer does not collect the shipment within thirty (30) days after he/she is notified to pick up the shipment, the shipment will be at the disposal of FXDC and become its property.
9 - Denial of responsibility for the productsFXDC shall act only as a courier. FXDC shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipment to the Address. FXDC will ship the products which are received at the Address on behalf of the Customer to the chosen FXDC branch.
10 - IndemnityThe Customer agrees to indemnify and hold FXDC harmless from any claim, loss, fine, tax or complaint for damages, brought by a third-party against FXDC as a result of the shipment to the Customer.
11 - TerminationThis Agreement can be terminated by any of the parties, at any time, for any reason whatsoever.
12 - Applicable lawThis agreement shall be governed exclusively by the laws of Dutch Caribbean. All disputes that may arise from this agreement will be submitted to The Court of Justice in first instance of the Dutch Caribbean
13 - Amendments to conditionsFXDC reserves the right to amend or supplement these conditions. Except where agreed or provided for otherwise, amendments or additions will apply until further notice as made known by FXDC.