Terms and Conditions

1. Terms and definitions

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 and Conditions.

1.3. Qwintry shall mean Qwintry LLC, a legal entity incorporated and acting under US laws, providing the individuals with the services on arrangement of international delivery of the goods purchased thereby.

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. Recipient shall mean an individual specified by the User as the recipient of the goods as well as his/her authorized representatives.

1.8. Incoming Parcel shall mean a postal item/courier mail ordered by the User and arrived in his/her name at the Qwintry warehouse from any US seller.

1.9. 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.

1.10. Forwarding shall mean forwarding of the Parcels from the USA to any country listed on the Website.

2. Description of the Service and components thereof

2.1. Qwintry provides the User with the Service comprised of the following services:

2.1.1. US domiciliation for receipt of the Incoming Parcels.

2.1.2. Forwarding. Forwarding includes the following elements: Processing of the Incoming Parcels and Parcels before dispatching: Incoming parcels acceptance. Incoming parcels unitizing (consolidation). Incoming parcels warehousing. Packaging of incoming parcels into a parcel. Dispatching of the Parcels to the Recipient’s country using the following methods at the User’s discretion to the extent technically feasible: Qwintry Air. Qwintry Ecopost. USPS Priority - Priority Mail International. USPS Express (EMS) – Express Mail International. Arrangement of delivery within the Recipient’s country through mail and courier services available in that country. In the course of the Dispatching provision of the Recipient with the information about the progress of delivery.

2.1.3. Assistance with the Purchase – is the process of goods purchase, as specified by the User, with a seller's online store that traded and ships goods in the US (hereinafter in this paragraph – "the seller"). With such a purchase, Qwintry acts as an agent in relations between the seller and the User, acting on its own behalf or on behalf of the User, and at his expense. Qwintry, when rendering purchase assistance, may provide this service to the User personally or involve other persons in the service provision. Qwintry provides support to the User, handling with the seller issues that regard the goods, purchased via Assistance with Purchases (including issues related to the seller’s warranty), but these questions are the responsibility of the seller and Qwintry cannot guarantee the User their successful resolution and does not assume any commitment in this regard.

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.

2.2. 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. The User shall pay for Qwintry’s services by balance replenishment of the User’s Personal Account and further debiting of the cost of the services ordered by the User by Qwintry.
Balance of the User’s Personal Account may be replenished by bank cards Visa and MasterCard or by cheques Mr.Rebates and Ebates.com.
In extraordinary circumstances, upon agreement with Qwintry, Balance of the User’s Personal Account may be replenished by payments through PayPal to Qwintry’s bank account as well as the bank cheques.

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.

2.6. Qwintry does not render the services on dispatching the Parcels within the United States. An exception to this rule applies where the Incoming Parcels are returned to the sellers.

2.7. Qwintry does not render services on collection from the warehouse/seller’s facility located in the US.

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 and Conditions thereof are published on the Website.

3. General provisions of the Service

3.1. These Terms and Conditions 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 and Conditions, rules and regulations 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 and Conditions. 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 and Conditions 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 and Conditions, 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. In such a case the balance of the User’s Personal Account shall be returned to the card used to replenish the User’s balance and the received Incoming Parcels shall be returned to the sellers provided that the User submits a prepaid postage label, otherwise Qwintry retains the right to utilize the contents of such Incoming Parcels or dispose thereof at its own discretion without payment or compensation to the User.

3.7. 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.

3.8. When using the Service the User shall refrain from infringement of the applicable laws. If any infringements of law by the User are identified, Qwintry shall have the unconditional right to bar the User from using the Service as well as to extrajudicially charge back to the User all the direct and indirect losses incurred by Qwintry due to such using, inter alia by debiting the funds credited to the User’s Personal Account. In case of any of those abusive acts Qwintry shall be entitled to hold the User’s Incoming Parcels until settlement of the situation or use them to compensate for the loss incurred due to the User’s unfair acts.

3.9. Under no circumstances shall the User/visitor of the Website be entitled to use any items of Qwintry’s intellectual property, including Banderolka trademark, or act as an Qwintry’s agent or intermediary without prior written consent duly signed by the representatives of the Visitor and Qwintry. In case of infringement of Qwintry’s intellectual property rights or dissemination of any information which doesn't correspond with actual facts, the Visitor may bear the liability stipulated in the laws of the Russian Federation. In such cases, in addition to the above losses, Qwintry retains the right to claim damages as well as a lump sum reimbursement.

4. Major terms and conditions of using the Service

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. 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.

4.3. The User shall entitle Qwintry to open his/her Incoming Parcels and handle the contents.

4.4. 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 customer 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, customer may be held liable for damages incurred while handling and/or for the cost of disposing of said merchandise.

4.5. 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.

4.6. 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. 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.

4.7. 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.

4.8. Qwintry does not deliver the Parcels to mail boxes as well as on call.

4.9. 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 credit cards.

4.10. The User shall specify true and accurate information about the contents of the dispatched Parcel in the Customs Declaration. Qwintry does not guarantee delivery of the Parcels if the Customs Declarations for such Parcels were not properly filled in according to the principles of export and import operations of the US and recipients country’s customs services. It is the User’s responsibility to familiarize with and adhere to such principles when dispatching the Parcels.

4.11. 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.

4.12. 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.

5. Terms and conditions of storage of the Incoming and Outgoing Parcels

5.1. Qwintry agrees to store the Incoming Parcels with no additional charge levied for forty five (45) days upon arrival to the Qwintry’s warehouse. Once said period reaches expiry, Qwintry retains the right to charge a storage fee for each Incoming Parcel amounting to USD 0.5 a day (rounding up to whole days). Such a fee as well as any other payments in USD provided for hereby may be converted to the currency of the country in the territory of which the relevant settlements shall be made at the rate of the central state bank of such country as at the date of settlement. Total term of storage of the Incoming Parcel shall not exceed one hundred (100) calendar days. If the Incoming Parcel is not claimed by the User upon expiry of the said period or there is an outstanding debt which is not paid by the User in the time fixed by Qwintry for such payment, 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. Utilization costs will be claimed from the User. All the debts are to be paid by the User to Qwintry without any relation with the fact of utilization or disposal.

5.2. 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.

5.3. 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.

5.4. 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.

6. Liability for safe-keeping of the Parcels

6.1. 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.

6.2. 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.

6.3. 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.

6.4. The User shall authorize Qwintry to settle any issues concerning civil liability for safe-keeping of the Parcels and contents thereof with mail or courier services, for which reason it shall entitle Qwintry to conduct the necessary negotiations, obtain approvals, maintain correspondence in its name as well as to obtain compensation for lost or damaged Parcels and the contents thereof to be further transferred to the User, and Qwintry shall accept such authorities to settle the issues related to safe-keeping of the Parcels as soon as possible and to the fullest extent possible. This condition shall not be deemed a service rendered by Qwintry on an indemnity basis and shall not impose any obligations on guaranteed compensation to the User for the inflicted damages.

6.5. 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.

6.6. 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.

6.7. To secure compensation for potential losses caused by loss or damage to the Parcels it is recommended that the User insure the Parcels.

6.8. Qwintry shall not compensate for moral damage as well as the loss related to the User’s personal business in any form. The Service is aimed at rendering of services to the individuals obtaining goods for personal, family, household, or other needs not related to carrying out of entrepreneurial activity.

6.9. Qwintry’s liability may not exceed the cost of services rendered to the user within the framework of a particular order.

6.10. Any possible disputes and disagreements with Qwintry should be solved in competent courts of the USA with the applicable law of the USA. Preliminary pre-judicial claim to the e-mail help@qwintry.com is obligatory.

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