1.1. Subject to these Directives and applicable laws and by virtue of the license for the insurance business Qwintry LLC, hereinafter referred to as the “Insurer”, will enter into insurance contracts with natural persons, hereinafter referred to as the “Insured”, for goods shipped in Parcels.
1.2. Pursuant to these Directives and by virtue of the provisions of the applicable laws the Insurance Contract will be executed when the Insured takes actions (inter alia throughdocumenting an insurance certificate for the goods in their personal account on the website) that confirm their agreement with this offer and accepts it.
1.3. The Insurance Contract may be executed either in favor of the Insuredor in favor of the the Beneficiary who is interested in safekeeping the insured goods based on a law, other statute or contract. The Insurance Contract executed with no said interest expressed by the Insured (Beneficiary) is deemed invalid.
Obligations arising from these Directives are equally binding upon the Insured and Beneficiary and in all appropriate cases references to obligations carried out by the Insured hereunder mean the Beneficiary as well.
2.1. Agent means Qwintry LLC, a legal entity, established and operating in accordance with the US legislation that regulates Parcel shipping.
2.2. Insured means a natural person who uses the Agent’s services and insures his/her parcels applying insurance coverage options described in these Directives.
2.3. Insurer means Qwintry LLC, a legal entity, established and operating in accordance with the US legislation and authorized to run insurance business pursuant to the license for conducting business # 1048090, acting as an entity that provides property and liability insurance to the Insured.
2.4. Recipient means a natural person the Insured indicates as a goods recipient as well as their duly authorized representatives.
2.5. User means a natural person using the Agent’s services under Banderolka project (qwintry.com).
2.6. Website means any websites belonging to the Agent in the Internet network, in particular, with Qwintry.com or Banderolka.com addresses.
2.7. Parcel means goods, freight packed by the Agent for shipment purposes (any of these terms may be used to designate the Package hereunder), procured by the natural person and shipped to the Recipient by the Agent.
2.8. Subject Matter Insured means property interests of the Insured (the Beneficiary), consistent with the applicable laws, associated with ownership, use and disposal of the goods shipped by the Insured in the Parcel due to damage or destruction, as well as loss of the goods ether with the entire Parcel or partially from/out of it,no matter which transportation method could be (Global Green insurance coverage), as well as property interests associated with the goods delivery costs (Global Green Plus insurance coverage).
2.9. Insurance Coverage means the amount of money identified in the insurance contract used to establish the insurance premium amount (insurance fee) and insurance payout if an insured event occurs.
2.10. Insurance Premium means insurance payment the Insured has to pay to the Insurer in the manner and at the times established by the Insurance Contract.
2.11. Covered Risk means a probable event which is likely to occur incidentally and which occurrence is covered by the insurance.
2.12. Insured Event means an event, stipulated by the Insurance Contract, upon the occurrence of which the Insurer is obligated to make the insurance payout to the Insured (the Beneficiary).
2.13. Goods Damage means integrity damage to the structure or destruction of the goods assemblies (subassemblies) or change in the goods features, due to sudden external effects, which will impair goods consumer properties and make them partially unserviceable in terms of the functions they have been initially designed for.
2.14. Perishing of Goodsmeans goods (goods separate units) full unworthiness for their designated use. Property Absolute Loss includes Constructive Total Loss - the property condition in case it has got damages when the costs required for its recovery exceedthe property actual value at the time the insurance event occurs.
2.15. Global Green means insurance of goods against the risks listed in Item 3.2.1 of these Directives that allows for receiving the insurance payout amounting to the declared cost of these goods.
2.16. Global Green Plus means insurance of goods against the risks listed in Item 3.2.2 of these Directives that allows for receiving the insurance payout amounting to the declared cost of these goods and also for returning the incurred delivery costs.
3.1. The Insurer is entitled to assign marketing names to separate lines of insurance implemented within the framework of these Directives at their own discretion and to the extent that is compatible with the applicable legislation.
3.2. An Insurance Contact may be executed based on the below lines of insurance with regard to the following insurance events:
3.2.1. Global Green Insurance:
The Insurer will compensate the Insured (the Beneficiary) for the losses caused bydamage, perishing or loss of the goods, entire or partial, occurred for any reason, except for the cases listed in Section 6of these Insurance Directives.
3.2.2. Global Green Plus Insurance:
The Insurer will compensate the Insured (the Beneficiary) for the losses caused by damage, perishing or loss of the goods, entire or partial, as well, in case of total loss of goods, as losses incurred by the Insured for goods delivery amounting to the sum of Agent’s paid services, occurred for any reason, except for the cases listed in Section 6of these Insurance Directives.
4.1. The parties determine the insurance coverage when executing the Insurance Contractbased on the actual (insured) goods cost.
4.2. Should the insurance coverage determined by the Insurance Contract exceed the actual (insured) goods cost, it will become invalid to the extent of the insurance coverage that exceeds the actual (insured) goods cost at the time of the Contract execution, and the Insured will not get compensation for the paid insurance premium.
4.3. Should the insurance coverage stipulated by the Insurance Contract be lower than the actual (insured) goods cost, the Insurer is entitled at their discretion to refuse to compensate the losses without reimbursing the insurance premium paid by the Insured or to compensate the losses proportionally to the insurance coverage vs the actual (insured) cost rate.
4.4. The Insurer, when executing the Insurance Contract, is entitled to inspect the goods and their supporting documents to determine their actual cost.
4.5. In any case, the insurance coverage cannot exceed the actual (insured) goods cost.
5.1. Insurance premium is the payment for the insurance coverage the Insured must make to the Insurer pursuant to the Insurance Contract.
5.2. An insurance rate is an Insurance Premium rate based per exposure unit.
5.3. An insurance rate value depends on the Terms of Insurance selected by the Insured and it is made known to the Insured when posted on the website.
5.4. An Insurance Premium may be paid by depositing an appropriate amount into the Insuredpersonal account on the Website which further will be debited by the Insurer.
5.5. The Insurance Contract is deemed executed only if the Insured has paid the Insurance Premium.
6.1. As for Insurance Contracts executed on terms and conditions listed in Items 3.2.1, 3.2.2. of these Insurance Directives no compensation is provided for the damages arising from:
6.1.1. Flood, earthquakes, tsunami.
6.1.2. Negligence or willful misconduct on behalf of the Insured/Beneficiary /Recipient.
6.1.3. Hostilities and (or) their aftermath, destruction or damage by mines, torpedoes, bombs and other weapons of war, terrorist attacks, civil war, any kind of civil unrests or strikes, forfeit, goods seizure or destruction as required by military or civil authorities as well as customs, sanitary or quarantine services.
6.1.4. Direct or indirect exposure to nuclear energy, enhanced radiation associated with any use ofnuclear or atom fission or fusion energy or utilization of fissionable materials.
6.1.5. Goods manufacturing flaws or defects resulting from the fact that on the date the Insurance Contract is executed the goods have been previously used or have damages (defects) due to any other reasons.
6.1.6. Natural properties of the goods per se (internal spoilage, leakage, spontaneous ignition, etc.).
6.1.7. Shortage or damage to the goods provided the external packing is intact.
6.2. Phones, tablet computers and other electronic devices when they are shipped through the Agent by USPS(USPS Priority и USPS Express (EMS)) in the territories of Russia, Ukraine, and Moldova.
6.3. Apple phones, tablet computers and other electronic devices shipped through the Agent to Russia are covered by insurance exclusively if shipped through Qwintry Air.
6.4. Electronics, household appliances, power tools and computer components can have insurance coverage only of the manufacturer packaging is available.
6.5. The goods purchased on the Ebay (ebay.com) multinational e-commerce websitecan have the insurance coverage only if the Insured submits a special request to the Agent for goods photographs to verify their physical state on the date the Insurance Contract is executed.
6.6. No insurance coverage is provided for any indirect losses, in particular, loss of profit due to delays in good delivery, changes in bank loan interest rates, changes in currency exchange rates, fall in prices for goods or their delivery, non-pecuniary damage and any similar losses.
6.7. The insurance covers the goods per seonly, not the packaging of the manufacturer, Agent or mail/ courier services.
6.8. The Insured undertakes to independently track compliance or non-compliance of the insured goods, chosen shipment methods and other essential aspects with insurance exclusion rules. If the Insured actually pays the insurance premium non-complying with these rules the Insurance Contract is not deemed executed, the legal effects resulting from this insurance premium payment involve the Insurer’s obligation to return the insurance premium to the Insured, provided the appropriate requirement is submitted by the Insured.
7.1. Pursuant to these Directives and by virtue of the provisions of the applicable laws the Insurance Contract will be executed when the Insured takes actions (inter alia throughdocumenting an insurance certificate for the goods in their personal account on the website) that confirm their agreement with this offer and accepts it.
7.2. When signing the Insurance Contract the Insured has to notify the Insurer about the actual cost of goods, confirmed by the Insured’s purchasing documents. In case the Insuredprovides a false cost of goods the Insurer has the right to refuse to make the insurance payout to the Insured.
7.3. When signing the Insurance Contract the Insured has to notify the Insurer about the circumstances known to the Insured that are essential for determining the likelihood of the insurance event occurrence and foreseeable losses (insurance risk) given the Insurer is not aware and must not be aware of these circumstances. If upon the Insurance Contract execution it will be verified that the Insured has provided fraudulent information on the circumstances testifying to the risk levelto the Insurer, the Insurer is entitled to refuse to pay the insurance to the Insured.
7.4. The Insured has the sole responsibility for authenticity of the information provided to the Insurer.
7.5. The Insurance Contract execution is confirmed by an instruction in the Insured’s personal account and by an invoice on a line of insurance and paid insurance premium for the corresponding Parcel.
8.1. TheInsurance Contract is effective on the date the goods are shipped from the Agent’s warehouse and till the date the Recipient gets the goods or in case the Recipient does not get the goods, till disposition or start of reverse shipment, including but not limited to, refusal to receive by the Recipient, unclaimed goods by the Recipient, the actions of customs. In any case the Insurance Contract is valid only till expiration of the goods storage period at their delivery point or till additional actions on them, requiring the Recipient’s involvement, pursuant to the Agent’s conditions, are completed.
9.1. Insured Event means an occurred event, stipulated by the Insurance Contract, upon the occurrence of which the Insurer is obligated to make the insurance payout to the Insured (the Beneficiary).
9.2. The Insured, if the insured event occurrence has come to their knowledge, must inform the Insurer about the insured event occurred through a written request sent either to the chat on the Website or to the Insurer’s e-mail address indicated on the Website no later than seven (7) days after the goods receipt date.
The same responsibility rests with the Beneficiary who are aware of the insurance contract executed in their favor if they intend to exercise the right for insurance payout.
9.3. The Insured (Beneficiary) has to provide the Insurer with a written document, verifying the goods shipment to the Insured by a seller or a shop/acquisition service, that shall include information on the goods name, their cost, delivery address and the Parcel tracking number. The Insured (Beneficiary), as requested by the Insurer, also has to submit correspondence with the seller or the shop/acquisition service to the Insurer.
9.4. Should the Insured receive a Parcel with external package damages, they must unpack the Parcel before and with involvement of mail/courier service employees and draw up a report verifying both the Parcel package status and its contents.
9.5. In situations when an insured event entails no Parcel loss, the Insured (Beneficiary) mustsubmit to the Insurer a video of the Parcel unpacking process using the option agreed with the latter. This video shall capture the Parcel unpacking process from the very beginning – starting from the sealed Agent’s branded box, caught on video on each side and ending by 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 be always in picture; the footage shall exclude any potential negative interaction between the Parcel and/or the goods contained in it and/or their packages outside the camera’s view.
9.6. When requesting an insurance payout that amounts to the costs incurred by the Insured (Beneficiary) in order to apply corrective actions to the faults resulted from the insured event (goods repair), the Insured (Beneficiary) must submit to the Insurer the documents from the official (certified by the goods manufacturer) service center, confirming the amount of these costs. Such documents, without limitation, shall have reference details, contacts of the service center, a signature of an authorized representative and shall be stamped. If reliability of these documents is doubtful, the Insured is entitled to request additional documents or refuse the insurance payout.
9.7. When an insured event occurs, the Insured (Beneficiary) shall:
9.8. Should the Insured (Beneficiary) fail to comply with the above items of this Section, the Insurer is entitled to refuse making the insurance payout to the Insured (Beneficiary).
9.9. The Insured (Beneficiary) bears all the costs associated with the goods salvage and safekeeping,amount of loss assessment, as well as with arrangements that serve to prevent further damages inflicted on the goods.
9.10. The Insurer shall independently assess the amount of loss, based on the data and documents provided by the Insured (Beneficiary).
9.11. Having received all the documents which confirm the insured event occurrence, the Insurer is entitled to check the relevancy and validity of the submitted documents. Having completed such verification, the Insurer shall notify the Insured (Beneficiary) about the payment or refusal to pay out the insurance benefit with reasons.
In case the covered reasons are accepted, the payment is effected by adding balance in the User Personal Account (the Insured’s) on the Website, thereafter the Insured may managefunds at their own discretion for the purposes established therefor by the User Personal Account or use other methods as agreed by the Insured (Beneficiary) and the Insurer, in particular, may include:
Since the US legislation prohibits money transfers to bank cards, the insurance payout wire transfer to the Insured’s bank card is feasible only as a return of the funds previously transferred by the Insured to the Insurer at the amount not exceeding the total paymenttothe Insurer from this very bank card.
9.12. If the Insured (Beneficiary) has received the payout for the loss inflicted by the third party the insured payout effected shall consider the Insurer’s right of claim with regard to these third parties.
10.1. The Insurer is obliged to:
10.1.1. Familiarize the Insured with these Insurance Directives;
10.1.2. Make payouts by the method and at the amount provided in these Insurance Directives;
10.1.3. Not disclose the data on the Insured and their property status except for the cases stipulated by the current legislation.
10.2. The Insured is obliged to:
10.2.1.When executing the Insurance Contract advise the Insurer of the actual (insured) cost of the goods and also of all the circumstances known to them which are relevant to the insurance risk assessment.
10.2.2.Pay the premium due under the Insurance Contract.
10.2.3.On occurrence of the insurance event inform the Insurer thereof within the timelines established by these Directives and submit the required data and documents.
11.1. Upon the insurance payout made to the Insured (Beneficiary), the Insurer obtains the right of claim, within the paid amount, the Insured has with regard to the party that is to blame for inflicting the corresponding loss.
11.2. The Insured (Beneficiary) must deliver all the documents and evidence to the Insurer, and also communicate all the data required by the Insurer to exercise the right of claim transferred to them.
11.3. If the Insured (Beneficiary) resign their right of claim with regard to the party that is to blame for the loss inflicted or exercising this right turns out to be not possible through the Insured’s (Beneficiary’s) fault, the Insurer is released of the obligations on the insurance payout.
12.1. All the disputes arising from the Insurance Contract shall be settled through negotiations. Filing a pretrial written claim shall be mandatory for further court proceedings. This claim examination period shall not exceed sixty (60) days from the receipt date.
12.2. In case the parties fail to achieve the agreement the dispute shall be settled in court.