“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means FEMPIREfreight chooses, including air, road or any other carrier. A “waybill” shall include any label produced by FEMPIREfreight automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions in full. Every Shipment is transported on a limited liability basis as provided herein.
"Airfreight Convention" means whichever may be applicable of the: Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999; or Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929; either unamended or amended by the Hague Protocol 1955; at Guatemala City 1971, by the additional Protocol No 3 of Montreal 1975 and/or by the additional Protocol No. 4 of Montreal 1975. "Dangerous Goods" means cargo which is noxious, hazardous, inflammable, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, explosive or offensive or radioactive or may become liable to cause damage to any person or property whatsoever whether prescribed by laws or otherwise.
"Goods" are any goods or items which are the subject of the Service provided by FEMPIREfreight to you under these Terms and Conditions.
"Government Authorities" means, without limitation, all government or semi-governmental departments and agencies with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods.
Registration and appointment of FEMPIREfreight as your agent
To register for the Service, you will need to complete the FEMPIREfreight Shop Ship & Save Registration Form (“Registration Form”), set up an Account on the Website.
Registration for access to the Service is open to individuals who are 18 years of age or older (or the legal age of majority in your country). By registering for our Service you are appointing FEMPIREfreight as your agent for the receipt of, and organization of transportation for, your packages and you authorize FEMPIREfreight to receive any and all packages addressed to you that are delivered to the respective FEMPIREfreight Warehouse Location
Receipt and Delivery
The Service by FEMPIREfreight includes the receipt of your packages at the FEMPIREfreight Warehouse and transporting such packages to your Delivery Address. You are solely responsible for providing to and confirming with the sender the correct FEMPIREfreight Warehouse address, including your personal account number, and you understand that any incorrect information may result in non-delivery or delayed delivery of items, or incurring additional fees under this clause 3 for which you will be held accountable. Any Shipment that is unable to be delivered to you (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to clearly address the package, your failure to confirm your Shipment is acceptable for entry into the destination country, failure to use correct FEMPIREfreight Warehouse address , failure to update your Delivery Address, or you are unable to be contacted after reasonable attempts to do so) will be deemed an Uncollected Good or Unclaimed Good and FEMPIREfreight reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned.
The packaging of your Shipment for transportation is solely the shipper’s responsibility. FEMPIREfreight accepts no responsibility for loss or damage to the Goods caused by inadequate or inappropriate packaging. FEMPIREfreight has no obligation to repackage any Shipment for any reason unless otherwise requested. In the event FEMPIREfreight repackages your Shipment, FEMPIREfreight will charge you for such repackaging services provided by FEMPIREfreight .
To ensure delivery of your Shipment, you are responsible for confirming items purchased in a FEMPIREfreight Warehouse are shipped to the corresponding FEMPIREfreight , and not to a different address, which may result in non-delivery of items due to applicable laws, rules, regulations, etc.
Postage or payment outstanding
FEMPIREfreight will not accept on your behalf any items on which postage is outstanding and payable or Cash on Delivery items unless prior arrangement has been made by you with FEMPIREfreight, and FEMPIREfreight has agreed to it at its sole discretion. Any such agreement may give rise to liens or other interests at law and FEMPIREfreight reserves the right, notwithstanding the foregoing, to lawfully enforce any such interests howsoever arising.
5. Accountable Mail FEMPIREfreight will not accept certified, registered, insured, or express mail (“Accountable Mail”) on your behalf unless otherwise requested by you and agreed by FEMPIREfreight subject to certain requirements.
6. Inspection FEMPIREfreight, without liability, reserves the right to open and inspect all items delivered to the FEMPIREfreight Warehouse to determine the nature or condition of the Goods or to determine their ownership or destination.
7. Service restriction FEMPIREfreight reserves the right to abandon carriage of any Shipment at any time after acceptance when such Shipment could possibly cause damage or delay to other Shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.
Shipping fees will be charged at the rate applicable to your shipment set out in the website (“Shipping Fees”) or as modified by FEMPIREfreight from time to time. High volume items will be subject to additional fees as set out in the website here. Shipping Fees are exclusive of all government taxes, and import VAT applicable on total invoice value of goods, including insurance, freight, incidental charges related to transportation, and on custom duties (“Import VAT”), and any other third party charges, including customs duty, that are payable on the shipment of your Goods, and you understand and agree that all such taxes, VAT, import VAT and third party charges will be paid by you prior to or upon delivery of your Shipment.
10. You agree to pay all applicable Shipping Fees and other charges including custom duties and Import VAT for any Shipment that has been ordered on your Account when requested to do so by FEMPIREfreight and regardless of the person who placed the order. The aforesaid shall apply to all FEMPIREfreight Shop Ship & Save accounts including individuals’ and entities’ accounts. Assuming you have provided accurate information for the customs declaration and Customs does not dispute the value, the amount of Import VAT and customs duty actually charged by your country’s Customs authority may differ from the amount you paid FEMPIREfreight . In the event, the actual customs duty and Import VAT is more than the estimated amount charged by FEMPIREfreight, FEMPIREfreight shall have the right to charge you and you will pay the difference, along with any penalty, fine, expense incurred by FEMPIREfreight due to inaccurate information provided by you.
A. Payment Options
i. Pay Now: You will be notified once your Shipment is ready to leave the origin facility along with the total Shipping Fees. You will be further notified once your Shipment clears customs including customs duties, Import VAT and any other fees paid. You will be prompted to log into your Account and make an online payment for the Shipping Fees and any other fees including customs duties and Import VAT. ii. Auto-Pay:
1.FEMPIREfreight may offer you the Auto-Pay option, if applicable in your country, for the payment of the Shipping Fees and any other fees including customs duties and Import VAT. If you select the Auto-Pay Option on our Website:
a. You authorize FEMPIREfreight to save and store your nominated credit/debit card or PayPal account information.
b. You authorise FEMPIREfreight to charge your nominated credit/debit card, or PayPal account, for the amount of the Shipping Fees and any other charges including customs duties and Import VAT.
c. You warrant the acceptance of the Shipping Fees and any other charges including customs duties and Import VAT by your credit/debit card provider, or PayPal, and undertake to reimburse FEMPIREfreight for any such charges if payment is not received from your credit/debit card provider, or PayPal.
d. Upon expiration of your nominated credit/debit card, or PayPal account, FEMPIREfreight will notify you and require you to update your Account with a valid credit/debit card, or PayPal account. In the event you do not update your Account with a valid credit/debit card, or PayPal account, the Auto-Pay option will no longer be available to you until you provide such updated information.
e. You will be solely responsible for any currency conversion expense in the event your nominated credit/debit card or PayPal account is not in the respective currency of the Shipping Fees and any other charges including customs duties and Import VAT.
f. In the event that you elect to Opt-Out of the Auto-Pay option, you undertake to arrange for the collection or redelivery of any Shipment which FEMPIREfreight holds and you acknowledge that otherwise any Shipment will become an Uncollected Good. You acknowledge and agree that opting out of the Auto-Pay option does not terminate your Account and does not relieve you of any obligation to pay all amounts owing to us under your Account by a method of payment that is satisfactory to us.
2. If you do not select the Auto-Pay option, you undertake to provide credit/debit card, or PayPal account, details and an authority to charge the credit/debit card, or PayPal account, for payment of Shipping Fees and any other fees including customs duties and Import VAT within seven (7) days of notification to you by email of the fees under the Pay Now option.
3. The Auto-Pay option is not available in all countries.
B. By using the Services, you represent and warrant that the payment details provided on your Account are valid and correct, and that when your Shipment is accepted and processed by FEMPIREfreight, payment will be made in full.
C. In the event payment is not made for any fees notified to you within thirty (30) days, we will be entitled to treat any Shipment held by us as an Uncollected Good.
Customer Representations and Undertakings
11. No illegal use
You undertake not to use the Service and/or the Account for any illegal, immoral, obscene or fraudulent purposes or for any other purposes prohibited by FEMPIREfreight, by the respective FEMPIREfreight Warehouse, or any other applicable regulations. You further undertake that any use of the Service and/or Account shall be in compliance with all applicable federal, state, and/or local laws of the respective FEMPIREfreight Warehouse as well as other applicable international law, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions and terrorist activities. Any shipment received in violation of this clause may result in the forfeiture, return to sender, or destruction of shipment, along with notification to the police and/or appropriate government authority.
12. We will not carry
a. You understand and agree that we will not carry, and you must not try to ship:
i. Any items classified as hazardous material, Dangerous Goods, articles that are prohibited or restricted by IATA (International Air Transport Associated), ICAO (International Civil Aviation Organisation), or any applicable government department or other relevant organisation; or
ii. firearms, bullion, works of art, negotiable instruments in bearer form, jewellery, precious metals, precious stones, lewd obscene or pornographic material, currency, stamps, deeds, hazardous or combustible material or other Dangerous Goods, cashier’s cheques, money orders, travellers’ cheques, industrial carbon and diamonds, antiques, plants or animals; or
iii. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents or other government issued documents. This includes uniforms, and badges or patches designed to look like official government-issue.
b. Prohibited or restricted shipments, including shipments containing Dangerous Goods, will be forfeited, destroyed, or provided to government officials.
c. Notwithstanding anything to the contrary, FEMPIREfreight acceptance of any shipment containing Dangerous Goods does not mean that such shipment conforms to the applicable laws and regulations. You will be solely responsible for the compliance of the shipment with the applicable laws and regulations, in particular IATA Dangerous Goods Regulations, including but not limited to, the effective and sufficient packaging, packing, classification and documentation of the shipment. You are responsible to ensure that the shipment is acceptable for carriage and entry into the destination country or territory. All charges incurred for the carriage to and from countries or territories where entry is not permitted will be your expense. You will be liable for and shall defend, indemnify and hold harmless FEMPIREfreight from all liability and/or claims against it based on injury to any person, damage or loss of property, or any other damage arising from any product liability, inadequate packing, mis-labelling, wrongful information, description or declaration you provide and for any other claim relating to the shipment or its carriage.
13. Animal skins, furs, feathers, hair, wildlife (from US)
You accept and acknowledge that any shipments to be exported from the US that contain animal skin, furs, mink, alligator skin, python skin, feathers (including hair accessories) or any other wildlife will be held at the US Customs Department for inspection and may be seized or confiscated. You acknowledge and agree that you alone are liable for any costs involved if you try to export such items and that FEMPIREfreight will not compensate you for such seized or confiscated shipments.
14. Restricted business
You represent that your shipments do not relate to any restricted business, including but not limited to pornography, armaments, or any other restricted activities. You further represent that the goods being shipped are not destined for any country with which FEMPIREfreight is prohibited from dealing as the result of any international or respective FEMPIREfreight , legislation, regulation, directive, ordinance, treaty, etc.
15. Blacklisted name
You represent that your name is not included in any blacklist issued by any respective FEMPIREfreight Location government or other worldwide regulatory body.
16. Export Declaration and other documentation
You must provide FEMPIREfreight with an Export Declaration for all packages of value exceeding amount identified in the Export Declaration Value List prior to shipment to your Delivery Address.
a. You must provide FEMPIREfreight with invoices and/or other documentation related to the packages regardless of value at any time as requested by FEMPIREfreight , or by Customs or any other Government Authority. You are solely responsible for the correctness and accuracy of all information you provide FEMPIREfreight regarding the contents of your Shipment and the value. b. You must provide FEMPIREfreight with identification documentation and personal information upon request by FEMPIREfreight or any official authority at its sole discretion.
17. Purpose of the Account
You acknowledge and agree that your Account is provided by FEMPIREfreight solely for the purposes of providing the Services as set out under these Terms of Service and that the FEMPIREfreight Warehouse provided for each Account is a delivery address only and cannot be used for any other purposes. You will not represent that any FEMPIREfreight provided under your Account is your residence address or place of business for any purpose whatsoever. You undertake not to use the Account and/or the details of the Account for any other purpose including, but without limitation, using the FEMPIREfreight Warehouseaddresses and details of the Account as a billing address, personal mail delivery address, residential address, or as your personal contact details including without limitations on your website or business card. Any breach of this clause may lead to automatic deactivation of your Account at FEMPIREfreight sole discretion, along with notification to the police and/or appropriate government authority.
18. Correct Name / Delivery Address
FEMPIREfreight will only ship packages that have the same name and Delivery Address as the individual or entity stated on the Application Form. If FEMPIREfreight receives any package to an Account the labelling of which does not match the applicable name or Delivery Address on the Application Form, then the shipment will be deemed an Uncollected Good or Unclaimed Good and FEMPIREfreight reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, donated, or auctioned. You will be held accountable for any additional fees incurred on your account under this clause.
19. Account Security
You must ensure that your password is kept secure and confidential and not revealed to any other person. You acknowledge that you are entirely responsible for your password and must notify Aramex immediately of any unauthorised use of your Account and/or password or any other breach of security relating to your Account. You acknowledge and agree that Aramex accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of a password, and you release Aramex from all claims arising from the unauthorised use of your password.
Indemnification and Warranty
20. You warrant that all information provided by you is complete and accurate.
21. You agree to protect, indemnify, release, safeguard, and hold harmless FEMPIREfreight and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees (“FEMPIREfreight Indemnitees”) against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines or other costs, including reasonable attorney fees and causes of action of any type or nature arising out of or in conjunction with the use of the Account and/or the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from: a. failure of the respective FEMPIREfreight postal services, other relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item and/or package;
b. delay occasioned by treatment handling, examination or impounding of the Goods by any of the Government Authorities;
c. any misdescription or undervaluation provided for Customs purposes, whether intentionally or unintentionally;
d. breach by you of any applicable law or requirement of any Government Authorities; or
e. damage to or loss of any package or Account contents by any cause whatsoever, and from any violation by you of applicable international, federal, state or local laws.
22. Without limiting any other provision of these Terms of Services, FEMPIREfreight will not be liable for any costs, expenses, loss or penalties imposed or loss or damage incurred by any FEMPIREfreight Indemnitee due to your Shipment or Goods being impounded by customs or other Government Authorities, and you hereby protect, indemnify, release, safeguard, and hold harmless each FEMPIREfreight Indemnitee against any such cost, expense, fine, penalty or loss.
23. Without limiting any other provision of these Terms and Conditions,FEMPIREfreight will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred by any FEMPIREfreight Indemnitee due to your breach or non-compliance of any of these Terms and Conditions and you hereby protect, indemnify, release, safeguard, and hold harmless each FEMPIREfreight Indemnitee against any such cost, expense, fine, penalty or loss.
Limitation of Liability
24. FEMPIREfreight will be responsible for your Shipment only while it is within FEMPIREfreight’s custody or control, subject to the limitations of liability set out herein.
25. If the Shipment is transported by air and involves a stop in a country other than the country of departure, you understand and acknowledge that an Airfreight Convention may apply and may limit liability for loss or damage. Your claim for any loss or damage occurring during carriage by air, is against the airline carrier. In the event of any loss or damage suffered by you while the Goods are in the possession of the airline carrier, FEMPIREfreight will seek to recover amounts payable under the applicable Airfreight Convention on your behalf, and you will indemnify FEMPIREfreight and hold it harmless against any claims for loss or damage to your Goods incurred while they were in the possession of the airline carrier. If the Shipment is carried by international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. This convention limits FEMPIREfreight’s liability for loss or damage.
26. You acknowledge that Goods moved by airfreight may necessarily involve a part of transport undertaken by other means. Where this is so, and no international treaty is applicable which covers the additional transport, your recovery of loss or damage, if any, is against the carrier and may exclude or substantially limit liability. In the event of any loss or damage suffered by you while the Goods are in the possession of a third-party carrier, FEMPIREfreight will seek to recover from the carrier any amounts payable to you. You indemnify FEMPIREfreight and hold it harmless against any claims for loss or damage to your Goods incurred while they are in the possession of the third-party carrier, where such carriage was necessary in order to complete the delivery of your Shipment.
27. Without limiting the effect of clauses 20-23, and subject to clauses 28-29 below, in all cases where FEMPIREfreight ’s liability is not otherwise limited or excluded, FEMPIREfreight’s liability shall be limited to whichever is the lesser between (i) the value of the Goods the subject of the Shipment at the time the Goods were delivered to FEMPIREfreight , or (ii) US $100 per shipment, or its equivalent per shipment.
28. To the extent that the liability of FEMPIREfreight is limited by any Airfreight Convention, law or contract, and that limitation exceeds the limitation of liability pursuant to clause 27 above or Accountable Mail below, then the liability pursuant to that Airfreight Convention, law or contract shall apply.
29. Any claim for loss or damage must be notified in writing to FEMPIREfreight within seven (7) days of delivery of the Goods or of the date upon which the Goods should have been delivered. In any event, FEMPIREfreight shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served within 90 days from delivery of the Goods (or from when they should have been delivered). In the event the Goods are fully compensated by FEMPIREfreight for any reason, then you will need to send the damaged goods toFEMPIREfreight in order to receive the compensation for the damaged goods.
30. In addition to FEMPIREfreight’s standard liability above, FEMPIREfreight offers an additional protection plan for shipments against all risks of physical shipment loss or damage from any external cause.
31. Country Notices.
a. Qatar Residents. This clause applies to Customers located in Qatar only. The Terms and Conditions are in compliance with the Electronic Commerce and Transaction Law No. 16 of 2010.
32. Accountable Mail
In the event that FEMPIREfreight agrees to accept Accountable Mail on your behalf, then in consideration for FEMPIREfreight’s doing so, you agree that FEMPIREfreight’s liability for loss or damage is limited to the lesser of (i) the value of the Goods, or (ii) US $100.
33. Consequential Losses
FEMPIREfreight will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain. Force Majeure
34. FEMPIREfreight will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond FEMPIREfreight’s or its agents’ reasonable control, for example acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.