Insurance Directives Qwintry LLC

1. Definitions

1.1. Agent means Qwintry LLC, a legal entity, established and operating in accordance with the US legislation that regulates Parcel shipping.

1.2. Insured means a natural person who uses the Agent’s services and insures his/her Goods in his/her Parcels applying insurance coverage options described in these Directives.

1.3. 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, acting as an entity that provides property and liability insurance to the Insured.

1.4. Recipient means a natural person the Insured indicates as a Goods Parcel recipient as well as their duly authorized representatives.

1.5. User means a natural person using the Agent’s services under Banderolka project (qwintry.com).

1.6. Website means any websites belonging to the Agent in the Internet network, in particular, with Qwintry.com or Banderolka.com addresses.

1.7. Goods mean object/objects shipped to the Recipient by the means of the Agent’s services.

1.8. Parcel means packed Goods shipped by the Insurer to the Recipient by the means of the Agent’s services.

1.9. Subject Insured means material interests of the Insured (the Beneficiary), consistent with the applicable law, associated with (depending of the kind of insurance and the delivery) Goods damage or destruction, as well as loss of the Goods.

1.10. 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.

1.11. 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.

1.12. Covered Risk means a probable event which is likely to occur incidentally and which occurrence is covered by the insurance.

1.13. Insured Event means an event, stipulated by the present Insurance Contract, upon the occurrence of which the Insurer is obligated to make the insurance payout to the Insured (the Beneficiary).

1.14. 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.

1.15. Perishing of Goods means 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 exceed the Goods actual value at the time the insurance event occurs.

1.16. Loss of Goods means loss of Goods or some Goods units due to actions/omission of third persons.

1.17. Global Green means insurance of Goods against the risks listed in Item 3.2.1 of these Directives that allows to receive the insurance payout in the amount of the declared cost of these Goods.

1.18. Global Green Plus means insurance of Goods against the risks listed in Item 3.2.2 of these Directives that allows to receive the insurance payout in the amount of the declared cost of these Goods and to return the incurred delivery costs.

2. General provisions

2.1. Subject to these Directives and applicable laws and by virtue of the license for the insurance business the “Insurer”, will enter into insurance contracts with Insured, for Goods shipped in Parcels.

2.2. 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 through issuing an insurance for the Goods in their personal account on the Website) that confirm their agreement with this offer and accepts it.

2.3. The Insurance Contract may be executed either in favor of the Insured in favor of 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.

3. Global Green and Global Green Plus lines of insurance

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 Contract may be executed based on the lines of insurance placed below 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 by damage, perishing or loss of the Goods, occurred for any reason, except for the cases listed in Section 6 of 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, and also, in case of total loss of Goods together with the Parcel, the losses incurred by the Insured for the Goods delivery in the amount of the sum of the Agent’s services which were paid, except for the cases listed in Section 6 of these Insurance Directives. 

3.3. Regardless the Insurance line chosen the damages of Goods which are not obviously related to the damages of the Parcel due to the delivery processes will not be compensated.

4. Insurance coverage

4.1. The parties determine the insurance coverage when executing the Insurance Contract based 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.

4.6. Maximum Insurance Coverage is fixed on the level of $1500. The Insurance Coverage cannot exceed the fixed limit including the cases where the cost of the Goods stated in invoice exceeds the Maximum Insurance Coverage.

5. Insurance premium

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. Actual insurance rates for various types of insurance are informed to the Insured per placing this information on the site. The amount of the Insurance Premium depends on the type of insurance selected by the Insured and is shown in the personal account of the Insurance at the moment when such choice is made. The value of the Insurance Premium can be changed in accordance with the results of the final calculation of the delivery costs in the personal account of the Insured.

5.4. An Insurance Premium may be paid by depositing an appropriate amount into the Insured personal 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. Insurance exclusion

6.1. As for Insurance Contracts executed on terms and conditions listed in the present 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 consequences, destruction or damage by mines, torpedoes, bombs and other weapons of war, terrorist attacks, civil wars, civil unrest of all kinds, or strikes.

6.1.4. Confiscation, seizure, damage or destruction of the Parcel and/or the Products at the demand or as a result of actions of the authorities, as well as customs, sanitary or quarantine services.

6.1.5. Direct or indirect exposure to nuclear energy, enhanced radiation associated with any use of nuclear or atom fission or fusion energy or utilization of fissionable materials.

6.1.6. 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.

6.1.7. Natural properties of the Goods per se (internal spoilage, leakage, spontaneous ignition, etc.).

6.1.8. 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 the delivery method 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 multinational e-commerce website can be insured only if the Insured submits a special request to the Agent for taking pictures of the Goods to verify its condition on the moment when 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 for their delivery, non-pecuniary damage and any similar damages and losses.

6.7. The insurance covers the Goods per se only, not the packaging of the manufacturer, Agent or mail/ courier services.

6.8. The Insured undertakes to control on his own  compliance or non-compliance of the Goods insured by him, chosen shipment methods and other essential aspects with Insurance Coverage 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. Insurance contract execution

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 through issuing an insurance 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 Insured provides 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 level to 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. Period of insurance

8.1. The Insurance Contract is effective on the date the Parcel is shipped from the Agent’s warehouse and till the date the Recipient gets the Parcel or in case the Recipient does not get the Parcel, till disposition or start of reverse shipment, including but not limited to, refusal to receive by the Recipient, unclaimed Parcel by the Recipient, the actions of customs. In any case the Insurance Contract is valid only till expiration of the Parcel 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. Relationship of the parties in case an insured event occurs

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 Parcel 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 shipment to the Insured objects included into the Parcel by a seller or a shop/acquisition service, that shall include information on the objects’ name, their cost, delivery address and such 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) must submit 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 video shall exclude any potential 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:

  • apply best efforts to salvage and safekeep the Goods, reduce possible damages and also to prevent any new damages inflicted to the Goods;
  • prevent any changes in the status of the Goods and their package until the insurance event is settled.

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 manage funds 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:

  • transfer of a bank slip, indicating the insurance benefit amount, to the address in the USA territory, indicated by the Insured;
  • wire transfer as per bank details indicated by the Insured. It should be noted that in this case the Insured shall pay a bank fee which may be fifty-five (45) US dollars and more;
  • if the above redemption options are not available, the option involving the PayPal mechanism is reviewed on a case-to-case basis in view of possible technical difficulties related to such kind of payments;
  • Rendering Shopping Help service (you may find description of this service in Shopping Help Section on the Website to support objects purchase using the insurance payout received. At the above mentioned payout method Shopping Help service is commission-free for one order. The sum of Insurance Payout can be used to pay the cost of the acquired objects and also for other payments such as payment for delivery of the objects to the warehouse or for payment of taxes for the acquired objects. If the sum of Insurance Payout is not sufficient for all the required expenses the missing sum is to be paid by the Insured (the User) in an ordinary course;
  • other payout options as agreed upon by the Insurer and Insured.

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 payment to the 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. Obligations of the 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. Subrogation right

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. Dispute review

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 a competent state court.