1.1. The terms in the singular or in the plural used herein shall not entail distortion of their meanings specified below.
1.2. Terms shall mean these Terms of Use.
1.3. Qwintry LLC, a legal entity created under the laws of the United States and acting in accordance with the laws of the United States, which provides individuals with services for organizing the international delivery of the goods they purchase.
1.4. Website shall mean the websites of the same contents hosted under the domain names qwintry.com and banderolka.com, as well as subdomains thereof.
1.5. Service shall mean a range of services, products, and software provided by Qwintry on the Website.
1.6. User shall mean an individual using the Service.
1.7. Personal Account - a section on the website accessible to an authorized User, containing information about the User and ensuring the use of Qwintry services.
1.8. Recipient shall mean an individual specified by the User as the recipient of the goods, as well as his duly authorized representatives.
1.9 Incoming Parcel — a mail/courier shipment ordered by the User and arrived in their name at the Qwintry warehouse in the USA from a seller conducting online business in the USA, at the Qwintry warehouse in Germany from a seller conducting online business within the European Union, at the Qwintry warehouse in England from a seller conducting online business in the United Kingdom, at the Qwintry warehouse in Turkey from a seller conducting online business in Turkey, at the Qwintry warehouse in Spain from a seller conducting online business in Spain, or at the warehouse in China from a seller conducting online business in China.
1.10. Outgoing Parcel/Parcel shall mean a postal item/courier mail formed by Qwintry of the Incoming Parcel (Incoming Parcels) to be dispatched to the User.
1.11. Forwarding shall mean forwarding of the Parcels from the countries specified in clause 2.1.1 of the Terms to any country listed on the Website. Under any circumstances Qwintry does not ship to countries that are sanctioned by applicable US regulations. Qwintry LLC may refuse the Shipment at its discretion without any obligation to justify such a refusal if it suspects that the above sanctions may be imposed.
1.12. Cash back is a partial refund of the purchase price using special third-party services (such as mrrebates.com, rakuten.com, retailmenot.com, etc.). Cash back posted to the User’s personal account can be used to pay for Qwintry services. Withdrawal of these funds from the User’s balance to a bank card is not provided due to the requirements of US legislation. The transfer of funds between user accounts on the Website is not provided for security reasons.
1.13. Non-used Account - the account which was not used by the User in a period of 2 (two) years (there is no money transfers, no Parsels shipments, no participation in charity programmes, no acquiring any Qwintry services, no any other activities on using account). Incounting referal sums, authorization in the personal account are not qualified as using the account.
2.1. Qwintry provides the User with the Service comprised of the following services:
2.1.1. Providing an address in the USA, Germany, Spain, the UK, Turkey and China to receive Incoming Parcels.
2.1.2. Forwarding. Forwarding includes the following elements:
2.1.2.1. Processing of the Incoming Parcels and Parcels before dispatching:
2.1.2.1.1. Incoming parcels acceptance.
2.1.2.1.2. Incoming parcels unitizing (consolidation).
2.1.2.1.3. Incoming parcels warehousing.
2.1.2.1.4. Packing of Incoming Parcels. Your parcels will be optimally packed to maximize the safety of their contents during international transportation. Due to this, the weight of your order may change.
2.1.2.2. Dispatching of the Parcels to the Recipient’s country using the following methods at the User’s discretion to the extent technically feasible:
2.1.2.2.1. Qwintry Flash.
2.1.2.2.2. Qwintry Air.
2.1.2.2.3. Qwintry Smart.
2.1.2.2.4. Qwintry Economy.
2.1.2.2.5. Qwintry EMS.
2.1.2.2.6. Qwintry Swift.
2.1.2.2.7. USPS Priority – Priority Mail International.
2.1.2.2.8 USPS Express (EMS) – Express Mail International.
2.1.2.2.9. USPS First Class.
2.1.2.2.10. DHL.
2.1.2.3. Arrangement of delivery within the Recipient’s country through mail and courier services available in that country.
2.1.2.4. In the course of the Dispatching provision of the Recipient with the information about the progress of delivery
2.1.3. “Shopping Help” — the organization of purchasing a product specified by the User from an online store of a seller conducting online trade and providing delivery within the United States and/or countries of the European Union and/or the United Kingdom and/or Turkey and/or Spain and/or Cnina. (More detailed conditions for providing the “Shopping Help” service are also contained in section 8 of these Terms.)
2.1.4. Parcel Insurance – shall mean insurance of property interests related to possession, use, and disposal of the goods dispatched to the Parcel against damage, destruction, or loss thereof as well as property interests related to defrayment of expenses for delivery of the goods.
2.1.5. User Support shall mean provision the Users with 24/7 advisory support through Qwintry Website as well as by e-mail help@qwintry.com. Qwintry informs the User that all the requests concerning the Incoming Parcels and the Parcels are only processed by the User Advisory Support if the relevant track number of the Incoming Parcel/Parcel is specified.
2.1.6. Specific Requests shall mean performance of the Users’ assignments with respect to the Incoming Parcels at the Qwintry warehouse.
2.1.7. The Qwintry Plus program is a user-available option that can be activated for half a year or a year in the User’s Personal Account; the program allows the User to use Qwintry services on special terms and conditions (link). The charge for the period of using the Qwintry Plus program, selected by the User when activating the option, is subtracted from the User’s balance in the Personal Account during the moment of activation. To activate the Qwintry Plus option, the funds in the User’s Personal Account must be sufficient for such activation.
2.1.8. Qwintry Plus program – option available for User to switch on for a period of 6 or 12 months via Personal Account and granting a right to use Qwintry services under special conditions. Payment for the period of use of Qwintry Plus chosen by the User at switching on this program is taken from the User's balance at the Personal Account at the moment when switch on is made. The User's balance at the Personsl Account should be enough for such payment to effect switch on of the Qwintry Plus program. If the User has not made use of any privileges provided within the Qwintry Plus program within two weeks from the moment of joining the program, the User can sign out of the program by filing the cancellation application to help@banderolka.com, and get a full refund of the Qwintry Plus cost posted to his personal account.
2.2. Current prices for the services composing the Service are specified at Services and Prices section of the Website. Qwintry retains the right to adjust the current prices without any prior notification. Price adjustments shall enter into force after making the relevant changes at Services and Prices section.
2.3. Cost of Qwintry’s services as well as the expected term of delivery of the Parcels set up by the Calculating Tool of the Website shall be approximate, provided for general information only, and shall not be deemed an offer.
2.4. Payment by the User for Qwintry services is carried out by adding finds to the balance in the Personal Account and then debiting Qwintry for the cost of services ordered by the User. Replenishment of the balance in the Personal Account is possible with Visa, MasterCard, MIR bank cards, cryptocurrency, as well as Mr.Rebates and Ebates.com checks. In exceptional cases, approved by Qwintry, adding finds to the balance in the Personal Account is possible by payments via PayPal, to a Qwintry bank account, as well as bank checks.
2.5. Qwintry retains the right, if necessary, to perform additional work not provided for by the Services and Prices section with respect to the Incoming Parcel/Parcel, may require that the User pays the cost of such works determined at Qwintry’s sole discretion proceeding from the circumstances of performance thereof, and include such cost to the Invoice issued to the User. In cases if Qwintry agrees to issue a refund to the User’s personal account balance, such refund can only be made to the same card that was used to credit the User’s personal account balance.
2.6. Qwintry does not provide shipping service within the country where the Incoming Parcel is received. An exception to this rule applies where the Incoming Parcels are returned to the sellers.
2.7. Qwintry does not collect items from the seller and does not permit self-pickup from the Qwintry warehouse.
2.8. Qwintry retains the right to update, modify, enhance, supplement, reduce, transform, and otherwise improve its Services at any time to any extent. An up-to-date description of the Services and Terms of Use thereof are published on the Website.
3.1. These Terms of Use shall govern the procedure and terms of using the Service.
3.2. The Terms shall not be deemed an offer; they are composed of both the text of the Terms of Use, rules and regulations available on the Website, including those referred therein, including more specific references, and such Terms shall be entirely accepted by the User without any changes but with all the subsequent rules and policies (including Qwintry’s Personal Data Privacy Policy) as well as the procedures and scenarios of using the Service published on Qwintry’s Website, unless otherwise expressly provided.
3.3. The User shall carefully familiarize themselves with these Terms prior to the commencement date of using the Service. By starting to use the service, User thereby accepts the Terms of Use. If the User disagrees herewith, in whole or in part, he/she shall not be entitled to use the Service.
3.4. Qwintry retains the right to update these Terms of Use at any time. The User’s continued use of the Service testifies to the fact of acceptance of the amended Terms even if he/she has not familiarized themselves with them. The latest version hereof is always published on this webpage.
3.5. By accepting these Terms of Use, the User confirms that he/she uses his/her complete personal data, has reached a legal age required by law to use the Service, is not a legally disqualified person which would hinder him/her from using the Service, bears the liability for his/her actions provided for by statute or law, and familiarized him/herself herewith and is obliged to comply with the list of prohibited goods.
3.6. Qwintry retains the right to bar the User from using the Service without assigning any reasons.
3.7. In the event there is a partial refusal to provide Service to the User, the refund amount paid by the User for such part of the Service is carried out in accordance to the Terms with respect to the refund and, in particular, section 9 of these Terms.
3.8. In the event of a total refusal to provide service - the User’s received packages will be sent back to the sellers - subject to the User’s provision of a pre-paid postal label. If a pre-paid postal label is not provided by the User, Qwintry reserves the right to dispose of the contents in the said packages as they see fit without any reimbursement to the user. The User’s personal account is subject to cancellation, and funds from the balance in the User’s personal account are returned to the User in accordance to the Terms with regard to the return of funds and, in particular, section 9 of these Terms.
3.9. By specifying on the Website his/her contact (mobile) phone number and e-mail as a part of the credentials, the User confirms that such phone number and e-mail are the communication channels enabling to reliably ascertain that legally relevant documents or messages sent therefrom or thereto by e-mail, SMS, through such messengers as WhatsApp, Viber, Telegram, have been sent by or to the User accordingly. Such a document or message sent to the User shall be deemed received on the next calendar day after sending thereof unless the User’s messages provide for a confirmation of earlier receipt thereof.
3.10. The User is obliged to ensure the safety of his login and password intended for access to the Service. Qwintry has the right to proceed from the fact that all actions in the Service performed by the User authorized using the login and password are performed personally by him.
3.11. It is not allowed to use as an avatar (an image in the User's profile for personalization) photographs or other graphic images of an erotic, obscene, offensive nature, materials prohibited by applicable law, as well as violating the law in the field of intellectual property protection and image rights. In case of violation of this rule, Qwintry reserves the right to remove such an image and / or take other measures provided for in the Terms. In the event that an image is posted in violation of these Terms and the requirements of applicable law, the User is liable in accordance with the current legislation and these Terms, in particular paragraphs. 3.12 and 3.13 of the Terms.
3.12. It is prohibited to cancel the transfer of funds executed for the purpose of payment for Qwintry services by disputing the transaction in the User's bank (including "chargeback" procedures). Such actions will be understood as a material breach of the present Terms and Conditions and due to such breach the access to the Personal Account of the User can be temporarily or permanently blocked. Qwintry has a right to impose a fine at Qwintry's own discretion in case of such breach and such penalty will be imposed beyond other undertaken measures and claims for compensation of losses and damages caused by improper activity of the User. Qwintry is entitled to retain the property and funds of the User which are under Qwintry's control to ensure the performance of obligations from the User's side. In case of a durable non-performance of such obligations Qwintry has the right to dispose of the above mentioned property and funds under Qwintry's discretion in order to cover losses (costs and lost profits) of Qwintry, which arose in connection with non-performance concerning Qwintry and/or were caused by breaches of the provisions of the present Terms of Use, applicable legislation from the side of the User at using Qwintry's services.
3.13. The User/Visitor of the Site shall under no circumstances be entitled to use any of the intellectual property of Qwintry, including the trademark "Banderolka", or to act as an agent or intermediary of Qwintry without prior consent, reached in writing and signed by duly authorized representatives of the User /visitor and Qwintry. In case of violation of intellectual property rights of Qwintry or dissemination of information that does not correspond to reality, the User/Visitor shall be liable under applicable law. Qwintry also reserves the right to demand reimbursement in such cases, as well as compensation in a fixed amount in addition to the specified damages.
The User is solely responsible to any third parties for violation of copyright and image rights belonging to such third parties, committed by the User when using the Service, and undertakes to take all necessary actions to exclude Qwintry from being held liable in such situations. In the event that Qwintry is held liable for such actions of the User, the latter must reimburse Qwintry for all losses and expenses incurred due to Qwintry being held liable in such a situation.
3.14. It is prohibited to cancel a money transfer made in order to pay for Qwintry services by disputing the transaction in the User’s bank (including via the “chargeback” procedure). Such actions will be considered as a significant violation of these Terms and as a result of such an appeal to the bank the User’s access to the Personal Account on the Qwintry website may be temporarily or permanently blocked. In case of such a violation, Qwintry may, at its discretion, impose a fine on the User’s Personal Account balance, in addition to other measures and claims for damages caused by the User’s dishonest behavior. Qwintry has the right to withhold the User’s property and funds held by Qwintry in order to ensure the fulfillment of the User’s obligations.
In the event of a long-term failure to fulfill such obligations, Qwintry has the right, at its own discretion, to dispose of the above-mentioned property and funds of the User in order to cover the losses (expenses and lost profits) incurred by Qwintry, that arose due to the User’s failure to fulfill its obligations in relation to Qwintry and / or were caused by violations of the provisions of these rules, applicable law on the part of the User when using Qwintry services.
3.15. An unused account is subject to cancellation, and funds from the balance not used by the User for Qwintry services, charitable programs, and in other ways, are subject to debiting to maintain the balance of an inactive account that is not used by the User until it is cancelled. The User does not incur any additional debt in connection with an account maintain that is not used by the User. The User has the right to restore a cancelled account due to non-use by contacting the Support Service by the email addresses help@banderolka.com; help@qwintry.com. The funds debited from the balance of the Unused account in connection with its cancellation are not subject to recovery.
3.16. Nonstandard situation will be discussed with the Users individually and handled accordingly.
3.17. The User authorizes Qwintry, as well as persons determined by Qwintry, if necessary, to represent the interests of the User in public and private bodies, institutions, organizations, including customs, law enforcement agencies, on all issues related to the protection of the User’s rights and interests , with the right to perform all necessary legal actions.
3.18. In the event that the User suffers property damage by third parties when using Qwintry services, Qwintry may, at its discretion, provide assistance and/or fully or partially compensate for such damage. If Qwintry compensates the User for damage caused by third parties, all claims rights regarding the damage that was compensated by Qwintry are transferred from the User to Qwintry without any additional statements or confirmations from the User.
4.1. The Incoming Parcels shall correspond to acceptable dimensions and/or weight. Qwintry retains the right to refuse the acceptance of the Incoming Parcel which, following the results of visual examination or measurement, exceeds the above dimensions.
4.2. Qwintry does not guarantee receipt and processing of the letters (Incoming Parcels which are mail envelopes) that do not have a tracking number, and is not responsible for the safety of such letters.
4.3. Upon arrival of the Incoming Parcels to the Qwintry warehouse, the User shall be fully liable for content control and review by verification of the track numbers and confirmations of dispatch from the shops as well as by preparation of special requests for reconciliation with the Invoice and/or photographing of the contents.
4.4. The User shall entitle Qwintry to open his/her Incoming Parcels and handle the contents.
4.5. Qwintry and its employees shall not be held liable for any damaged merchandise occurring from items improperly or inadequately packed and secured by company/store said merchandise was ordered from or while en route to the Qwintry warehouse. Packages should not contain any type of dangerous goods that are hazardous and can pose a threat and/or cause bodily harm if inhaled or gets into contact with skin. Qwintry reserves the right to dispose of any products/items that are leaking and/or damaged without prior notice to the User if said products/items may cause bodily harm and/or injury to any Qwintry employee or may damage any other packages located at the warehouse. Furthermore, the User may be held liable for damages incurred while handling and/or for the cost of disposing of said merchandise.
4.6. Qwintry shall not be liable for goods with workmanship defects or used goods with damages caused by prior use thereof by other users. The User shall be fully liable for inspection of the state of goods before dispatching thereof from Qwintry’s warehouse through the preparation of special requests for photographing/inspection of goods. In case of any workmanship defects and/or evidences of use the issue shall be settled directly between the User and the seller/shop to the exclusion of Qwintry.
4.7. If the User decides to refuse the goods, he/she shall return them back to the store where such goods were purchased in accordance to the return policy of said store.
4.8. Claims regarding special requests can be accepted within 7 (seven) calendar days from the day following the day of the execution of such special request, but no later than the day of creating the Outgoing package.
4.9. Qwintry shall, generally, prepare the Incoming Parcel for dispatch within seven business days after receipt of an official User request unless the Incoming Parcel is not subject to additional requirements to extra packaging or method of dispatch and if there are some other circumstances that can affect the delivery time. Claims related to the special requests can be presented within 7 (Seven) days starting with the day following the day when such special request was fulfilled but not later than the day when the Outgoing Parcel was created.
4.10. Packaging List inserted into the Parcel is not a list of contents but is an internal document of the Qwintry warehouse and cannot be deemed a confirmation that the number of items specified therein is factually accurate.
4.10. Qwintry does not deliver the Parcels to mail boxes as well as on call.
4.11. If the User decides to Cancel the order (or Cancel the shipment of the parcel) before it is processed by Qwintry, the Cancellation will be free of charge. If the User decides to cancel the Order (or Parcel shipment) after the start of the process by Qwintry and before it’s dispatch (or before it is shipped), then the cost of preliminary processing of the order (or the parcel) will be paid by the User. The processing fee is determined by the weight of the Parcel:
0 - 3 lbs - $5
3,01 - 6 lbs - $10
6,01 - 10 lbs - $15
10,01 - 15 lbs - $20
over 15 lbs - $25
Once the Once Parcel has been shipped, Cancellation of the shipment is not possible and such shipment is paid by the User in full.
4.12. Qwintry does not deliver the Parcels to mail boxes as well as on call.
4.13. Qwintry retains the right to request additional documentation to confirm the User’s identity and legal validity of the made purchases and use of he credit card. This measure is elective and, in particular, may be aimed at the prevention of fraudulent actions with payment methods.
4.14. The User shall specify true and accurate information about the contents of the dispatched Parcel in the Customs Declaration. Qwintry does not guarantee the delivery of Packages if the customs declarations for these Packages have not been properly filled out in accordance with the import and export rules of the Customs of the sending country and / or the United States and the receiving country. It is the User’s responsibility to familiarize with and adhere to such principles when dispatching the Parcels.
4.15. The User is solely liable for payment of all the customs fees as well as any other payments related to postal services and crossing of the state border by the said goods; he/she also assumes all the potential risks of negative consequences caused by provision of incorrect data on the Incoming Parcel/Parcel and/or the contents thereof as well as the risks of negative consequences caused by dispatch of prohibited and/or dangerous cargo/goods.
4.16. Unless otherwise agreed upon between the User and Qwintry, the User entrusts Qwintry or any other person duly authorized according to the laws of the Customs Union and appointed by Qwintry with accomplishment, in the User’s name, of customs formalities aimed at release of the goods in accordance with the declared customs procedure or aimed at release of the goods for personal use, due to which, if necessary, the User entrusts the customs representative with performing of all the customs payments due from his/her settlement accounts.
4.17. If the User has been notified of the need to pay any customs fees or pay for the re-export of the Parcel in accordance with the requirements of applicable law, but evades paying these fees, such User is considered to have waived the rights to the Parcel in favor of Qwintry. In this case, Qwintry reserves the right to dispose of the Parcel at its own discretion, as well as retain those parcels that are currently in the warehouse or in transit, and have not yet been delivered to the User as part of Qwintry services. If the User in such a situation pays the aforementioned expenses incurred by Qwintry, specifically, in connection with the payment of customs duties and re-export of the Parcel, and if such Parcel/Parcels have not yet been disposed of or sold, Qwintry returns to the User the rights to the Parcel/Parcels and sends the Parcel/Parcels over to the User. All expenses for the delivery of Parcels / Parcels are borne by the User. In any case, Qwintry reserves the right to claim compensation for all costs and possible losses caused by the User’s refusal to pay the aforementioned customs payments, as well as a fine of $100 for each case of failing to pay the above-mentioned fees.
4.18. To ensure non-cash transfers for depositing funds by the User into the balance of the personal account, Qwintry engages these payment agents:
- LLC «ALiNUR»: reg. # 176463-3301-OOO, ITN 00509201810138. Place of registration: the Kyrgyz Republic, Bishkek.
- LLC «Inlogistic»: ITN 7842212070, PSRN 1237800004200. Registered address: 191036, Saint Petersburg, Nevsky Prospect, 128, lit. А, pom. 44-N, office 7.
4.19. Orange Tech FZ-LLC, a company created and existing under the laws of the UAE, has the authority granted by Qwintry LLC to collect funds from Users and to provide the Service for them. By virtue of the agreements reached between these companies, Orange Tech FZ-LLC may accept funds from Users and provide them with the Service on its own or entrust these functions to Qwintry LLC.
5.1. The User has an opportunity to make a review about the process of delivery of packages and other services provided by Qwintry, which will be posted for public access including an anonymised review map.
If you submitted the feedback within 15 days of receiving your items, your review is longer than 15 symbols, and contains at least one good quality photo of the purchase, you will receive a discount ranging from 3% to 25% that can be used for any of our services within the next two months. Reward value is chosen randomly by Qwintry.
5.2. If the User places a review in accordance with clause 5.1 of the Terms rated at least 4 points, in addition to the discount received, the User is given the opportunity to get an additional discount for posting a review about Qwintry on third-party Internet resources. To receive an additional discount, the client must place the review on one of the third-party Internet resources from the list proposed by Qwintry; after the User posts the review, a direct link to this review must be indicated in the appropriate field on the Qwintry site. The amount of additional discount is 2% on a 25% coupon and 5% on any other coupon.
5.3. The user can apply only one coupon per Qwintry service. Coupon stacking, as well as combining coupons with discounts for wholesale customers, is not allowed. In the case of a user who has a discount for wholesale customers, applying a coupon with a discount, the one with the higher value will be applied.
5.4. Qwintry reserves the right to refuse publishing any of the reviews on their website, providing a discount. The user grants Qwintry nonexclusive rights for publishing all materials and data provided as part of the user review, including the right to use images of persons present in the photos and videos provided by the user. The user guarantees the consent of such persons to the transfer of such materials to Qwintry for using these materials for advertising and informational purposes, and undertakes to protect Qwintry from possible claims from the persons present in the user’s photos and videos. Qwintry also reserves the right to cancel a discount that was issued in case the photo provided by the User does not include the picture of the actual parcel or the goods inside the parcel that are related to that particular order. Same can be applied in case of the quality of the picture does not allow us to clearly see the parcel/items or the review itself is not written in plain and clear language or contains foul or swear language (including implied), as well as links to third-party websites, mentioning names of people or organisations providing services similar to Qwintry organising international deliveries for the items purchased in foreign online stores.
6.1. Qwintry agrees to store Incoming Parcels free of charge for a limited period as specified on the Website. After the expiration of this period, Qwintry reserves the right to charge the User a fee as indicated on the Website. This fee, as well as any other fees specified in U.S. dollars within these Terms, may be converted into the currency of the country where the payment is to be made, according to the exchange rate of the central bank of that country on the day of payment. The maximum storage period for an Incoming Parcel shall not exceed 100 (one hundred) calendar days, unless otherwise stated on the Website. If the Incoming Parcel is not claimed by the User within this period, or if there is an overdue debt unpaid by the User within the timeframe specified by Qwintry for payment, Qwintry reserves the right to dispose of the contents of the Incoming Parcel or handle it at its discretion without any compensation to the User. The cost of disposal will be charged to the User. Any debts owed by the User to Qwintry must be paid regardless of the disposal or handling of the parcel.
6.2. Qwintry shall not be liable for identifying the owner of Incoming Parcels that have incorrect (incomplete) delivery address and/or the recipient on the label. Qwintry retains the right to charge a storage fee for every such Incoming Parcel according to the standard scheme specified in the previous paragraph of these Terms. If upon expiry of one hundred (100) days after delivery of the parcel to the warehouse the User fails to contact Qwintry and confirm ownership thereof, Qwintry retains the right to utilize the contents of such Incoming Parcel or dispose thereof at its own discretion without payment of compensation to the User.
6.3. Qwintry agrees to store the packed and ready for dispatch Parcel with no additional charge levied for seven (7) days within the territory of the User’s country. After expiry of the said period Qwintry retains the right to charge a storage fee for every packed and ready for dispatch Parcel amounting to two US dollars (USD2) a day (rounding up to whole days). Total term of storage of packed and ready for dispatch Parcel shall not exceed two months. If the Parcel is not claimed by the User upon expiry of two months, Qwintry retains the right to utilize the contents of such Incoming Parcel or dispose thereof at its own discretion without payment of compensation to the User.
6.4. Terms and conditions of storage and return/disposal of the Parcels by mail/courier service at the Recipient’s location shall be determined by the rules and regulations of such mail/courier service. All possible extra expenses related to fulfilment/non-fulfilment of such terms and conditions shall be independently borne by the User/Recipient.
7.1. In accordance with the applicable legislation Qwintry shall act as the User’s agent arranging forwarding of the Parcel but shall not independently deliver the Parcels to the User.
7.2. Qwintry shall not be liable for the actions of the third persons or entities, in particular postal and courier services (for example, USPS, UPS, FedEx etc.). All the terms and conditions and the limit of potential third party liability shall be subject to Additional Agreements and rules.
7.3. Qwintry shall not be liable for safe-keeping of the Parcels while transported by mail or courier services; such liability to the User shall be borne by the said mail or courier services under the reasons and to the extent stipulated by separate rules, conditions, agreements, and statutory provisions.
7.4. Qwintry does not enter into negotiations with postal and courier organizations on issues related to their civil liability for the safety of the Parcel and its contents, as well as the improper provision of postal or courier services. In a case when the User decides to independently enter into negotiations with a postal or courier organization on the above issues, Qwintry can provide all available documents required for such case. In certain cases, Qwintry, at its discretion, may assist the User on the issues set forth in the previous paragraph, for which the User, by accepting these Terms gives Qwintry the appropriate authority with the right to conduct necessary negotiations, approvals, correspondence, as well as receiving for the purpose of subsequent transferring to the User of a monetary refund for lost and/or damaged Parcels and their contents, and Qwintry accepts such authority in order to maximize the full and speedy resolution in the interests of the User of issues related to the safety of Parcels. Such assistance from Qwintry is not a paid service and does not impose any obligations on Qwintry, including obligations to guarantee compensation for any harm to the User. Qwintry reserves the right to withhold a commission for representing such interests of the User. The specific amount of the specified commission shall be determined by Qwintry depending on the basis of the complexity and duration of the procedure for such representation.
7.5. To settle the issues concerning civil liability for safe-keeping of the Parcels and contents thereof with mail or courier services (except for loss of the Parcels), the User shall provide video footage of unpacking the Parcel by the method approved by Qwintry. This video shall capture the unpacking process of the Parcel from the very beginning: starting from videotaping the sealed package on all sides and up to the very end of unpacking process namely of the entire visual presentation of the goods contained in the Parcel. Throughout the footage, the Parcel box, in one piece, but not in parts, shall always be in the picture frame; the footage shall exclude any potential interaction between the Parcel and/or the goods contained in it and/or their packages outside the camera’s view.
7.6. Qwintry shall work with the User’s complaints with respect to the Parcels within seven (7) days after delivery of such Parcel to the User.
7.7. To secure compensation for potential losses caused by loss or damage to the Parcels it is recommended that the User insure the Parcels.
7.8. Qwintry does not make any compensation for non-pecuniary damage, indirect or indirect losses, as well as compensation for losses associated with the User’s own business in any manner, shape or form. Qwintry provides services to individuals who make purchases solely for personal, family, household and other needs not related to entrepreneurial activity.
7.9. Qwintry’s liability may not exceed the cost of services rendered to the user within the framework of a particular order.
7.10. Any possible disputes with Qwintry should be settled by authorized judicial authorities in accordance with the applicable legislation provisions. Prejudicial claim is obligatory for sending. It is allowed to sent such prejudicial claim via contact email addresses.
8.1. By providing the Shopping Help service, Qwintry acts as an agent in its relationship with the seller and the User, acting either on its own behalf or on behalf of the User and at the User’s expense. When delivering the Shopping Help service, Qwintry may provide this assistance directly to the User or involve other individuals in its provision.
8.2. Qwintry provides consulting services and assistance in ordering goods selected and paid for by customers. By consulting and assisting in the purchase of goods, Qwintry is not responsible for the quality, authenticity and the conformity of such goods provided by the online store descriptions. In particular, Qwintry is not responsible for the exact match of the colors and shades of the goods shown on the sellers' websites to those goods that have been selected by the User for the order.
8.3. Qwintry does not guarantee any delivery time, is not responsible for the delivery of goods from the seller to the Qwintry warehouse and is not responsible for any store or seller errors or for the seller’s failure to fulfill the order.
8.4. If the product paid for or pre-ordered by Qwintry at the User’s request is not delivered to the Qwintry warehouse within one month after the expected date of delivery to the Qwintry warehouse, the User is entitled to a commission refund for the “Shopping Help” service. In this case, Qwintry takes all necessary actions the seller returns the amount paid for the goods. After the seller returns the money (subject to such a return), Qwintry refunds the sum to the User in the manner prescribed by the Conditions regarding the return of funds and, in particular, section 9 of these Conditions. The user is under no obligation to cancel the delivery of such goods. In this case, Qwintry will process the goods upon receipt at its warehouse and notify the User by sending a comment in the personal account.
8.5. In a case where the goods paid by Qwintry, at the request of the User and delivered to the Qwintry warehouse turned out to be fully or partially damaged, incomplete or having other significant flaws, Qwintry will take all necessary actions to return the amount of the cost of such goods from the seller. After a refund is received from the seller (if subject to such refund), Qwintry will refund said amount to the User in accordance to the Terms with respect to the refund and, in particular, section 9 of these Terms.
8.6. If the store cancels the order after it was confirmed and Qwintry paid for the goods in this order, the User has the right to a refund of the service fee. In this case, Qwintry will take all necessary actions to return the paid amount for the goods from the seller. After a refund is received from the seller (if subject to such refund), Qwintry will refund said amount to the User in accordance to the Terms with respect to the refund and, in particular, section 9 of these Terms.
8.7. In the event that the User decides to cancel an item purchased using the Shopping Help service, or a pre-order made using the Shopping Help service, Qwintry will take all necessary actions to coordinate such a cancellation with the store and, if necessary, return the item to the store. However, Qwintry does not guarantee the possibility of coordinating such a cancellation.
If the User cancels an item and this cancellation is coordinated with the store before the item is shipped from the store, the User will be refunded half of the Shopping Help service fee paid for the acquisition of the item. Otherwise, the Shopping Help service fee paid by the User will not be refunded.
In the event that the User cancels a pre-order made using the Shopping Help service, the Shopping Help service fee paid by the User will not be refunded.
The User may cancel an item only before the Package with the item is dispatched from the Qwintry warehouse.
8.8. The verification of the accuracy of goods with the User’s request after the goods arrive at the warehouse is carried out visually, that is, without comprehensive analysis and special expertise, and only if the User requests a Special Request for photographing the goods.
8.9. The User can create a Special Request for Qwintry to verify the accuracy of the goods with their expectations and criteria. In this case, the description of such expectations and criteria should be sufficient, and the possibility of comparison - executable. This service shall be paid in accordance to the tariffs for Qwintry services. Qwintry has the right to refuse to conduct an action on a special request without explaining the reasons, in this case the service fee is not charged.
8.10. Qwintry provides support to the User in solving issues with the seller regarding the goods purchased through the Shopping Help service (including issues related to the seller’s warranty), but these issues are the responsibility of the seller and Qwintry cannot guarantee the User success in solving them and does not accept any commitment in this regard.
8.11. Qwintry supports the User in resolving issues with the seller regarding goods purchased through Shopping Help (including issues related to the seller’s warranty obligations), however, these issues are the seller’s responsibility and Qwintry cannot guarantee success in seller’s decision and does not accept/assume any obligations in this part.
8.12. In the event there is a manufacturer’s defect in the product that was purchased directly from the Site, User can contact Qwintry Support Service to resolve the issue of compensation for the cost of eliminating such defect within one month after receipt of the goods (or product). Such a request shall be considered by Qwintry Support only if there is a corresponding certificate/document signed by an authorized representative, as well as seals and stamps of an authorized service confirming the presence of a defect.
In a case where a positive decision has been reached for the compensation of the cost of eliminating the defect, compensation shall be in the manner prescribed by the Terms with respect to the return of funds. When purchasing products directly on the site, products with defects are not subject to replacement and there is no provision for redemption of similar goods from online stores in order to replace products with the defects found.
8.13. All information and data provided to the User by Qwintry is strictly confidential and shall not be disclosed to third parties, except in cases of obtaining Qwintry’s prior written consent by e-mail, as well as cases prescribed by law.
9.1. In the cases provided for by these Terms (specifically, clauses 2.1.8, 3.7, 3.8, 8.5, 8.6, 8.7, 8.13 of these Terms), Qwintry shall return funds to the User.
9.2. The return of funds to the User, unless otherwise agreed, is carried out by returning them to the balance in the User’s personal account. The return of funds is possible at the wish of the User only with a request to the Support Service. In cases when the User’s personal account is subject to annulation as well as in other cases directly negotiated by Qwintry with the User, funds shall be returned by any method available to Qwintry at the moment of return of the above mentioned funds.
9.3. If Qwintry makes a decision to return funds to the User, such a return shall be made by Qwintry without undue delay. Qwintry may inform the User about the planned deadline for a refund. The time period of returning funds to the User’s bank card, may be longer than expected dependant on the speed of banking procedures which is not a part of Qwintry’s responsibility.
10.1. Neither Qwintry nor the User shall be liable for failure to perform or improper performance of an obligation arising from the Terms, if such failure or improper performance occurred due to the occurrence of force majeure circumstances (force majeure), that is, extraordinary and unavoidable circumstances under these conditions. Force majeure circumstances (force majeure) means: wars, the imposition of a state of emergency or martial law, floods, fires, earthquakes and other natural disasters, strikes, changes in existing legislation, the sanctions or embargoes imposition, as well as any other circumstances that the affected party cannot really interfere with and which it could not reasonably foresee, while these circumstances do not allow fulfilling obligations under this agreement, and their occurrence is not a direct or indirect result of the action or inaction of one of the Parties.
10.2. The party whose performance of obligations is hindered by a force majeure event (force majeure) must notify the other party of such force majeure circumstances as soon as possible, within three days from the moment it becomes aware of the obstacles to perform its obligations.
If the notification within the specified period is impossible for objective reasons, it must be sent within one day from the moment when it becomes possible.
10.3. The notification must contain a description of the situation, the date of its occurrence, an indication of how the obstacle that has arisen affects or may affect the ability to fulfill the obligation.
10.4. The notification by Qwintry is considered to be made if it is posted in the User's Personal Account and can be duplicated by a message to the User's email specified by him during the registration on the Qwintry web site.