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Terms & Condition

September, 2020 Edition

1. Definition
A. “CPCB” means China-post Cross-border eCommerce Ltd.
B. On the Waybill, "Shop-Express" means a small package logistics service provided by CPCB.
C. "Parcel" means the goods that sealed inside the “Shop-Express Dedicated Courier Bag". The shipment of goods to China.
D. "Package" means all goods sealed inside the “Shop-Express Dedicated Courier Bag” approved by the "Shop-Express" which are repackaged after inspection and verification.
E. "Personal Data" means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable.
F. “Surcharge” means the service fee and the import tax of goods paid by the "Shop-Express" to the customs on behalf of the sender.
G. “T&Cs” refers to these terms and conditions hereunder and are subject to change by "Shop-Express" from time to time at its own discretion without prior notification except to the extent otherwise provided by applicable laws or regulations. For the avoidance of doubt, any such change shall become effective and binding on the Shipper upon its publication on the official website of "Shop-Express".

2. Unacceptable Shipments
The Shipper agrees that its Shipment is deemed unacceptable if:
A. It is classified as hazardous material, dangerous goods, prohibited or restricted articles by International Air Transport Association, International Civil Aviation Organization, any applicable government department or other relevant organization;
B. The goods are classified as dangerous goods or “Shop-Express” believes that it cannot transport the goods safely or legally, such as involving animals and parts thereof, currency, bearer form, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics or any other items that “Shop-Express” decides they cannot be carried safely or legally; or
C. Its addressed is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
D. Due to the Hong Kong Government's "Limited Milking Order"《the Import and Export (General) (Amendment) Regulations 2013》, "Shop-Express" services temporarily cannot deliver infant formula milk powder for 36 months or less.
" Shop-Express " has the right to refuse to accept and send products that " Shop-Express " considers to be dangerous or illegal without any reason, and it can also destroy any parcels listed as non-acceptable in accordance with relevant laws or government agencies.

3. Right to Inspect
A. The Shipment may, at our option or at the request of government authorities, be opened and inspected by us or such authorities at any time without notice for safety, security, customs or regulatory reasons. For the avoidance of doubt, “Shop-Express” shall not be responsible for any direct or indirect loss or any loss whatsoever for any delay caused to the Shipment due to such inspection.
B. The “Shop-Express Dedicated courier bag” are only appropriate for the first stage of collection on the delivery of goods. "Shop-Express" has the right to unpack and repackage the products according to the logistics requirements without notifying the sender. The sender and the recipient must agree to and confirm the above behavior, and "Shop-Express" will not be responsible for any direct (except for any damage to the goods while unpacking the bag), indirect or any loss caused by the above behavior.

4. Shipper’s Warranties and Indemnity
The Shipper shall indemnify and hold “Shop-Express” harmless for any loss or damage in connection or resulting from the Shipper’s failure to comply with any applicable laws or regulations and for the Shipper’s breach of the following warranties and representations:
A. All information provided by the Shipper or its representative(s) is true, complete and accurate;
B. The package was prepared securely by the Shipper’s employees;
C. Staff employed to prepare the package are duly authorized;
D. The Shipper should ensure that “Shop-Express” will not improperly be interfered during the preparation, storage and transportation of the package to “Shop-Express”.
E. The package is properly marked and addressed;
F. The package shall comply with all applicable customs, import, export and other laws and regulations, the Shipper should assist “Shop-Express” and provide necessary documents in arranging the import/export custom clearance process; and
G. The waybill has been signed or confirmed by the Shipper or the Shipper’s authorized representative and these T&Cs constitute binding and enforceable obligations of the Shipper.

5. Declared Value
A. The Shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Shipment (“Declared Value”). Save and except Shipment that acquires the Express Value-Added Guarantee Service, CPCB’s entire liability shall be limited to Section 13 hereof.
B. If “Shop-Express” has any questions on the Declared Value of the goods, “Shop-Express” will collect other relevant proves from the Shipper;
If “Shop-Express” suspects a false declared value of goods under a reasonable circumstance, "Shop-Express" will estimate a surcharge based on the general public retail price of the commodity, and the customer shall not have any objection on the estimated surcharge.
C. Gift value: The Shipper needs to understand all goods and gifts has a value. For each gift, "Shop-Express" will charge HKD 5 as a surcharge. The ratio of free gifts allowed by "Shop-Express" is 2:1, (example: if 2 paid products, which allows 1 free gift to post at one time; if 10 paid products, which allows to post 5 free gifts at one time, and so on). When the ratio of paid goods to the gifts exceed the limit, "Shop-Express" will not recognise the exceed gifts as free gifts, and a surcharge of HKD 25 per goods will be charged for each excessed quantity. The Shipper and recipient shall not have any objections to this surcharge.

6. Transport and Routing
A. “Shop-Express” can hire independent contractors to complete the transportation and other services at any time. Both “Shop-Express” and its independent contractors represent “Shop-Express” and its contractors, their employees, agents and sub-contractors. They shall enjoy the rights and bear the obligations under this clause, and none of them has the rights to cancel or change this clause.
B. A waybill should contain one package only, if the package is split, other packages will be identified as sub-waybills.
C. “Shop-Express” has the rights to choose any port, road or passageway or any other transportation means to transfer the Shipment.
D. Unless there is any other written arrangements while picking-up the Shipment, the service provided by “Shop-Express” is limited to pick-up, dispatch, transport, and customs clearance (if necessary).
E. The Shipper acknowledges and agrees that the package will be shipped in a mixed collection of cargos, “Shop-Express” will try to maintain the integrity of the package, but the Shipper acknowledges and agrees that the package is in the process of being transported and the outer box of the package has opportunity to be damaged. If the contents of the package damaged due to the damage of the outer box, otherwise “Shop-Express” will not make any compensation.

7. Clearance
Shipper hereby agrees that “Shop-Express” may perform the following activities on behalf of the Shipper in order to complete the carriage process:
A. Complete any custom declaration document, revise Shipment declared contents, and pay any duties and taxes required under applicable laws and regulations; and
B. Acting as the Shipper’s or the Receiver’s forwarding agent, “Shop-Express” may itself complete or consign a third party to complete export/import custom clearance process in an appropriate port.

8. Delay of Shipments
“Shop-Express” will make reasonable effort to deliver the Shipment according to Shop-Express’s regular delivery schedules and arrangements. However, these are not guaranteed and do not form part of the contract between “Shop-Express” and Shipper and/or Receiver. “Shop-Express” is not liable for any direct or indirect damages or losses as a result of Shipment delays caused by “Shop-Express”

9. Deliveries and Undeliverable
A. Package cannot be delivered to PO boxes or postal codes but only to the Receiver’s address given by the Shipper. “Shop-Express” will make commercially reasonable effort to deliver the package to the named Receiver personally, but this is not guaranteed and does not form part of the contract between “Shop-Express” and Shipper and/or Receiver. For the avoidance of doubt, a signature or a stamp obtained at the Receiver’s address, the courier cabinet, or any sign for receipt, receipt by others or receipt in the logistics information system shall constitute sufficient proof of delivery of the Shipment.
B. Shipments to addresses with a central receiving area will be delivered accordingly. If the Receiver refuses delivery, or to sign for or stamp for delivery; or the Shipment is deemed to be unacceptable; or the Receiver cannot be reasonably identified or located, “Shop-Express” shall use reasonable efforts to return the package to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by “Shop-Express” without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance to be returned to the Shipper (if any).

10. Shipment Charges, Tariff and other charges
A. “Shop-Express” Delivery Fee will be charged according to the type of “Shop-Express” Dedicated courier bag, there is no limitation for number of items in such courier bag (except special type that the limitation had been printed on the courier bag) as long as it can seal properly before ship, delivery fee of “Shop-Express” could be reference to “Shop-Express Rate Card” that post at or announced by CPCB in written format. Delivery fee of “Shop-Express” might be charged according to parcel weight in some particular region, please reference to for latest update.
B. Shipper must provide evidence (in terms of invoice or receipt) and drop into the courier bag together with goods and handwrite waybill (if any). “Shop-Express” reserve the sole right for acceptance, check and determine the goods value or reject the order without explanation if sender unable to provide evidence for good’s value. “Shop-Express” will charge for a Surcharge (parcel handling fee and pay tariff on behalf of Shipper), Shipper should notice that to pay and response for this Surcharge this is a necessary responsibility, “Shop-Express” will not deliver this parcel and Shipper should collect the parcel from “Shop-Express” customer services center at their own cost, beside, the payment thus paid is not refundable.
C. Shipper needs to understand that all logistics fees are paid first. Even if the shipper gives different payment instructions, the shipper will always bear the main responsibility for all costs. If "Shop-Express" fails to charge the third party or recipient designated by the shipper, "Shop-Express" will suspend delivery of the package until the fee is charged. "Shop-Express" does not assume any responsibility for the unpaid logistics costs of the package.

11. Express Value-Added Guarantee (VAG) Service
A. This VAG service is an optional service and is an extension of the responsibility of "Shop-Express" in Article 13 below. "Shop-Express" VAG service is marketed by China Merchants Haida Insurance Consultants Co., Ltd. and underwritten by China Taiping Insurance (Hong Kong) Co., Ltd. (Policy No.: 060106012020000067, insurance company address, contact information, customer service Tel: 15th Floor, 18 King Wah Road, North Point, Hong Kong, (852) 3716 1616). For the loss, damage or shortage of parcels directly caused by the serious negligence of " Shop-Express ", we will provide full and final compensation. If the package is lost, compensation will be made in accordance with the product price certificate provided by the shipper in Article 10 above, and the maximum compensation amount for each package is HK$500,000 (special category products will have a maximum compensation limit. For details, please refer to Value-Added Guarantee (VAG) Service compensation rules or contact the “Shop-Express” customer service {Shop-Express Customer Service Tel: 4001811551 }); or if the package is damaged or short, it will be based on the package The degree of damage or the proportion of loss will be compensated in proportion to the value of the individual commodity in the commodity price certificate.
B. "Shop-Express" is not and does not consider itself an insurer, insurance broker or insurance agent. The insurance plan is provided by China Taiping Insurance (Hong Kong) Co., Ltd. through China Merchants Haida Insurance Consultants Co., Ltd. to customers of "Shop-Express"
C. The purchase of such insurance is a direct transaction between the shipper or recipient and the aforementioned company. For the avoidance of doubt, "Shop-Express" shall not be liable to anyone for claims or disputes arising from or related to such insurance.
D. “Shop-Express” clients agrees that “Shop-Express” to provide information of insured goods to the insurance company for the issuance of insurance policies, customer service, claims service and other related insurance services.
E. For the avoidance of doubt, unless otherwise stipulated in this Clause, all other provisions concerning Shop-Express’s liabilities shall be governed by Clause 13.

12. Circumstances beyond Shop-Express’s Control
“Shop-Express” shall not be liable for to, any interruption of service due to causes beyond Shop-Express’s control, including, but not limited to, the following: acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labour disputes; civil unrest; disruptions or failure of communication and information systems (including, but not limited to “Shop-Express” communication and information systems); disruptions of any kind in air or ground transportation networks; such as weather phenomena; and natural disasters including earthquakes, cyclone, storm, flood etc..

13. Shop-Express’s liability
A. “Shop-Express” contracts with the Shipper on the basis that Shop-Express’s liability is strictly limited to direct loss only and to the limits stipulated in this Section 13. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to Shop-Express’s attention before or after acceptance of the Shipment since special risks can be insured by the Shipper.
B. Shop-Express’s liability under a waybill shall be limited to the stipulation of the following:
i. Shop-Express’s liability in respect of any one shipment transported, and/or customs clearance service thereof, without prejudice to Sections 8, 11, 14, is limited to the declared value or 3 times of the delivery fee (includes the cost of Shop-Express Dedicated Courier Bag and surcharge) , but shall in no event exceed the lesser.
ii. Claims are limited to one claim per Shipment, settlement of which shall be full and final for all loss or damage in connection therewith. IF THE SHIPPER REGARDS THESE LIMITS AS INSUFFICIENT, IT MUST MAKE ITS OWN INSURANCE ARRANGEMENTS, OTHERWISE THE SHIPPER ASSUMES ALL RISKS OF LOSS OR DAMAGE. All claims must be made in writing and within strict time limits. Unless contrary to applicable laws, all claims must be submitted in writing to “Shop-Express” within 30 days from the date “Shop-Express” accepted the Shipment, otherwise “Shop-Express” shall have no liability whatsoever. Within 90 days after written notification of the claim to “Shop-Express”, all relevant supporting documents must be delivered to “Shop-Express”. “Shop-Express” is not obligated to act on any claim until all transportation charges have been paid. The claim amount shall not be set off against such charges. If the Receiver accepts the Shipment without noting any damage on the delivery record, “Shop-Express” will assume the Shipment was delivered in good condition. “Shop-Express” will not consider any claim for damages unless the original shipping and packing materials are available for inspection. “Shop-Express” makes no warranties, express or implied.
iii. All assessment regarding the degree of damage on or the portion missing from the Shipment shall be at the sole and absolute discretion of “Shop-Express”.
iv. The Declared Value of a Shipment must be evident by an authentic and valid commercial invoice or receipt, which “Shop-Express” shall have the sole and absolute discretion to accept, inspect and verify thereof to its satisfaction or to reject thereof without giving any reason.

14. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw and Montreal Conventions and their subsequent amendments and protocols, if applicable, governs and limits Shop-Express’s liability for loss of, delay or damage to the Shipment. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit Shop-Express’s liability for loss or damage.

15. Governing Law
Any dispute arising in connection with the T&Cs shall be subject, for the benefit of “Shop-Express”, to the non- exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

16. Data Privacy Policy
“Shop-Express” is committed to safeguard the Personal Data provided by the Shipper. In relation to the collection, use, retention, disclosure, transfer, security and access of the Personal Data, “Shop-Express” shall comply with the relevant code of practice and guidance issued by “Shop-Express”. Please refer to the Data. Privacy Policy Statement published on the official website of “Shop-Express”.

17. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

18. Governing Language
If there are different languages incorporated in this Waybill (including these Terms and Conditions), the Chinese version shall prevail in the event of any inconsistency between the versions.

19. Right of interpretation
CPCB has the final interpretation right of the above terms.