1.1. Agent means Qwintry LLC, a legal entity, established and operating in accordance with the US legislation that regulates Parcel shipping.
1.2. Customer means a natural person who uses the Agent’s services and protects his/her Goods in his/her Parcels applying declared value coverage options described in these Directives.
1.3. Parcel Protection means the extended liability of the Agent for the declared value of the Goods, which the Agent offers to the Customer as an optional paid service under these Directives.
1.4. Recipient means a natural person the Customer 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 Agent to the Recipient by the means of the Agent’s services.
1.9. Protected Interest means material interests of the Customer (the Beneficiary), consistent with the applicable law, associated with (depending on the protection option and the delivery) Goods damage or destruction, as well as loss of the Goods.
1.10. Declared Value Coverage means the amount of money identified in the protection agreement used to establish the protection fee amount and compensation if a covered event occurs.
1.11. Protection Fee means the payment the Customer has to pay to the Agent in the manner and at the times established by the Protection Agreement.
1.12. Covered Risk means a probable event which is likely to occur incidentally and which occurrence is covered by the protection.
1.13. Covered Event means an event, stipulated by the present Protection Agreement, upon the occurrence of which the Agent is obligated to pay the compensation to the Customer (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 covered 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 protection of Goods against the risks listed in Item 3.2.1 of these Directives that allows to receive the compensation in the amount of the declared cost of these Goods.
1.18. Global Green Plus means protection of Goods against the risks listed in Item 3.2.2 of these Directives that allows to receive the compensation in the amount of the declared cost of these Goods and to return the incurred delivery costs.
2.1. Subject to these Directives and applicable laws the Agent will enter into protection agreements with Customers for Goods shipped in Parcels.
2.2. Pursuant to these Directives and by virtue of the provisions of the applicable laws the Protection Agreement will be executed when the Customer takes actions (inter alia through selecting protection for the Goods in their personal account on the Website) that confirm their agreement with this offer and accepts it.
2.3. The Protection Agreement may be executed either in favor of the Customer in favor of the Beneficiary who is interested in safekeeping the protected Goods based on a law, other statute or contract. The Protection Agreement executed with no said interest expressed by the Customer (Beneficiary) is deemed invalid.
Obligations arising from these Directives are equally binding upon the Customer and Beneficiary and in all appropriate cases references to obligations carried out by the Customer hereunder mean the Beneficiary as well.
3.1. The Agent is entitled to assign marketing names to separate protection options implemented within the framework of these Directives at their own discretion and to the extent that is compatible with the applicable legislation.
3.2. A Protection Agreement may be executed based on the protection options placed below with regard to the following covered events:
3.2.1. Global Green Protection:
The Agent will compensate the Customer (the Beneficiary) for the losses caused by perishing or loss of the Goods, occurred for any reason, except for the cases listed in Section 6 of these Parcel Protection Directives.
3.2.2. Global Green Plus Protection:
The Agent shall compensate the Customer (Beneficiary) for losses resulting from damage, total destruction, or loss of the Goods caused by any reason, except for the cases specified in Section 6 of these Parcel Protection Directives. Additionally, in the event of the total loss of the Goods together with the Shipment, the Agent shall compensate the Customer for expenses incurred for the delivery of the Shipment in the amount of the services paid to the Agent.
3.3. Regardless the Protection option 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.
4.1. The parties determine the declared value coverage when executing the Protection Agreement based on the actual (declared) Goods cost.
4.2. Should the declared value coverage determined by the Protection Agreement exceed the actual (declared) Goods cost, it will become invalid to the extent of the declared value coverage that exceeds the actual (declared) Goods cost at the time of the Contract execution, and the Customer will not get compensation for the paid protection fee.
4.3. Should the declared value coverage stipulated by the Protection Agreement be lower than the actual (declared) Goods cost, the Agent is entitled at their discretion to refuse to compensate the losses without reimbursing the protection fee paid by the Customer or to compensate the losses proportionally to the declared value coverage vs the actual (declared) cost rate.
4.4. The Agent, when executing the Protection Agreement, is entitled to inspect the Goods and their supporting documents to determine their actual cost.
4.5. In any case, the declared value coverage cannot exceed the actual (declared) Goods cost.
4.6. Maximum Declared Value Coverage is fixed on the level of $1500. The Declared Value Coverage cannot exceed the fixed limit including the cases where the cost of the Goods stated in invoice exceeds the Maximum Declared Value Coverage.
5.1. Protection fee is the payment for the declared value coverage the Customer must make to the Agent pursuant to the Protection Agreement.
5.2. A protection rate is a Protection Fee rate based per exposure unit.
5.3. Actual protection rates for various types of protection are informed to the Customer per placing this information on the site. The amount of the Protection Fee depends on the type of protection selected by the Customer and is shown in the personal account of the Customer at the moment when such choice is made. The value of the Protection Fee can be changed in accordance with the results of the final calculation of the delivery costs in the personal account of the Customer.
5.4. A Protection Fee may be paid by depositing an appropriate amount into the Customer personal account on the Website which further will be debited by the Agent.
5.5. The Protection Agreement is deemed executed only if the Customer has paid the Protection Fee.
6.1. As for Protection Agreements executed on terms and conditions listed in the present Parcel Protection 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 Customer/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 Protection Agreement 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)).
6.3. Apple phones, tablet computers and other electronic devices shipped through the Agent to Russia are covered by protection exclusively if shipped through the delivery method Qwintry Air.
6.4. Electronics, household appliances, power tools and computer components can have declared value coverage only of the manufacturer packaging is available.
6.5. Exclusions from Declared Value Coverage: Fragile Goods are not subject to protection, except for small fragile Goods, the eligibility for protection of which is determined by the Agent on a case-by-case basis at the request of the Customer and exclusively under the condition that the Customer submits a special request to the Agent for the packaging of the fragile Goods. When shipping via the Qwintry Economy method, which includes mandatory protection, losses resulting from damage or total destruction of fragile Goods shall not be compensated if the Customer has failed to submit a special request to the Agent for the packaging of such fragile Goods.
6.6. Goods that require special temperature or humidity conditions during storage or transportation are not subject to protection. Such goods include, but are not limited to: food products, chocolate, dietary supplements, vitamins, pharmaceutical products, cosmetics, perfumery, household chemicals, aerosols, candles, wax products, vinyl records, photographic film, collectible items, paper materials, plastic products, rubber, silicone, resins, adhesive and self-adhesive materials, electronics, accumulators, batteries, power banks, goods with lithium-ion batteries, as well as other goods whose properties may be affected by high/low temperature or humidity. Damage to such goods caused by failure to maintain the required temperature or humidity conditions shall not be considered a covered event and shall not be subject to compensation.
6.7. Protection of Goods Purchased on the International Marketplace eBay: Goods purchased on the international marketplace eBay are subject to protection only if the Customer submits a special request to the Agent for photographing the Goods to document their condition at the time of entering into the protection agreement. When shipping via the Qwintry Economy method, which includes mandatory protection, losses resulting from damage or total destruction of Goods purchased on the international marketplace eBay shall not be compensated if the Customer fails to submit a special request to the Agent for photographing such Goods.
6.8. No Declared Value 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.
6.9. The protection covers the Goods per se only, not the packaging of the manufacturer, Agent or mail/ courier services.
6.10. The Customer undertakes to control on his own compliance or non-compliance of the Goods protected by him, chosen shipment methods and other essential aspects with Declared Value Coverage exclusion rules. If the Customer actually pays the protection fee non-complying with these rules the Protection Agreement is not deemed executed, the legal effects resulting from this Protection Fee payment involve the Agent’s obligation to return the Protection Fee to the Customer, provided the appropriate requirement is submitted by the Customer.
7.1. Pursuant to these Directives and by virtue of the provisions of the applicable laws the Protection Agreement will be executed when the Customer takes actions (inter alia through selecting protection 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 Protection Agreement the Customer has to notify the Agent about the actual cost of Goods, confirmed by the Customer’s purchasing documents. In case the Customer provides a false cost of Goods the Agent has the right to refuse to pay the compensation to the Customer.
7.3. When signing the Protection Agreement the Customer has to notify the Agent about the circumstances known to the Customer that are essential for determining the likelihood of the covered event occurrence and foreseeable losses (risk) given the Agent is not aware and must not be aware of these circumstances. If upon the Protection Agreement execution it will be verified that the Customer has provided fraudulent information on the circumstances testifying to the risk level to the Agent, the Agent is entitled to refuse to pay the compensation to the Customer.
7.4. The Customer has the sole responsibility for authenticity of the information provided to the Agent.
7.5. The Protection Agreement execution is confirmed by an instruction in the Customer’s personal account and by an invoice on a protection option and paid protection fee for the corresponding Parcel.
8.1. The Protection Agreement 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 Protection Agreement 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.
9.1. Covered Event means an occurred event, stipulated by the Protection Agreement, upon the occurrence of which the Agent is obligated to pay the compensation to the Customer (the Beneficiary).
9.2. The Customer, if the covered event occurrence has come to their knowledge, must inform the Agent about the covered event occurred through a written request sent either to the chat on the Website or to the Agent’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 protection agreement executed in their favor if they intend to exercise the right for compensation.
9.3. The Customer (Beneficiary) has to provide the Agent with a written document, verifying shipment to the Customer 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 Customer (Beneficiary), as requested by the Agent, also has to submit correspondence with the seller or the shop/acquisition service to the Agent.
9.4. Should the Customer 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 a covered event entails no Parcel loss, the Customer (Beneficiary) must submit to the Agent 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 compensation that amounts to the costs incurred by the Customer (Beneficiary) in order to apply corrective actions to the faults resulted from the covered event (Goods repair), the Customer (Beneficiary) must submit to the Agent 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 Customer is entitled to request additional documents or refuse the Compensation.
9.7. When a covered event occurs, the Customer (Beneficiary) shall:
9.8. Should the Customer (Beneficiary) fail to comply with the above items of this Section, the Agent is entitled to refuse paying the compensation to the Customer (Beneficiary).
9.9. The Customer (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 Agent shall independently assess the amount of loss, based on the data and documents provided by the Customer (Beneficiary).
9.11. Having received all the documents which confirm the covered event occurrence, the Agent is entitled to check the relevancy and validity of the submitted documents. Having completed such verification, the Agent shall notify the Customer (Beneficiary) about the payment or refusal to pay out the compensation with reasons.
In case the covered reasons are accepted, the payment is effected by adding balance in the User Personal Account (the Customer’s) on the Website, thereafter the Customer 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 Customer (Beneficiary) and the Agent, in particular, may include:
Since the US legislation prohibits money transfers to bank cards, the compensation wire transfer to the Customer’s bank card is feasible only as a return of the funds previously transferred by the Customer to the Agent at the amount not exceeding the total payment to the Agent from this very bank card.
9.12. If the Customer (Beneficiary) has received the payout for the loss inflicted by the third party the compensation paid shall consider the Agent’s right of claim with regard to these third parties.
10.1. The Agent is obliged to:
10.1.1. Familiarize the Customer with these Parcel Protection Directives;
10.1.2. Make payouts by the method and at the amount provided in these Parcel Protection Directives;
10.1.3. Not disclose the data on the Customer and their property status except for the cases stipulated by the current legislation.
10.2. The Customer is obliged to:
10.2.1.When executing the Protection Agreement advise the Agent of the actual (declared) cost of the Goods and also of all the circumstances known to them which are relevant to the risk assessment.
10.2.2.Pay the fee due under the Protection Agreement.
10.2.3.On occurrence of the covered event inform the Agent thereof within the timelines established by these Directives and submit the required data and documents.
11.1. Upon the compensation made to the Customer (Beneficiary), the Agent obtains the right of claim, within the paid amount, the Customer has with regard to the party that is to blame for inflicting the corresponding loss.
11.2. The Customer (Beneficiary) must deliver all the documents and evidence to the Agent, and also communicate all the data required by the Agent to exercise the right of claim transferred to them.
11.3. If the Customer (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 Customer’s (Beneficiary’s) fault, the Agent is released of the obligations on the compensation.
12.1. All the disputes arising from the Protection Agreement 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.
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