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These Terms of Service (“Terms”) govern the business relationship between Final Link of Coco Dan, Vieux Fort, Saint Lucia  (“Final Link”, “we”, “us”, or “our”) and you the Client (“you”).

1. General TERMS
   • The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
   • We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
   • These Terms apply exclusively. Deviating, conflicting or supplementary terms and conditions you purport to apply only become part of our agreement if we expressly consented to their application in writing.
   • In addition, the respective valid regulations on packaging and labelling of consignments shall apply.
   • In the case of cross-border transports, the mandatory provisions of the Convention on the Contract for the International Carriage of Goods (“CMR”) shall apply with priority.
   • The following additional terms also apply to your use of our Services and form part of these Terms:
     • Our Privacy Policy
     • Our Cookie Policy

1. YOUR ACCOUNT
   • By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Services, you agree and acknowledge that:
     • you have read the terms set out in these Terms and agree to be bound by and comply with them; and
     • you shall ensure that all Users of your Account abide by these Terms.
   • You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
   • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to your Account at any time.
2. THE SERVICES
   • In cooperation with our affiliated system partners, we undertake forwarding services as to the transport and delivery of small packages, parcels, goods, and consignments (collectively “Consignment”) as well as certain auxiliary services as selected by you at the time of entering into these Terms (“Services”).
   • For the purposes of Clause 3.1, you shall be deemed to have appoint us as your agent and we to accept such benefits at the time of accepting your instructions to perform our Services.
   • We will begin providing our services as soon as your Consignment reaches our warehouse. You may use any Postal, Domestic or International Courier Service or deliver your Consignment by hand or in person. However, we ask you to give us at least 24 hours’ notice before initiating or attempting delivery of your Consignment. Once we have received your Consignment, we will check your Consignments condition, conduct an x-ray scan, and notify you once your Consignment is ready to be processed.
   • Permissible dimensions and weights are as listed in and as selected by you at the time of entering into these Terms.

1. YOUR CONSIGNMENT
   • Upon receiving your Consignment, we are entitled to ascertain whether your Consignment is in accordance these Terms and all applicable laws and regulations. Doing so we may require certain information from you and if you refuse to provide the information or if the information cannot be obtained in time, we shall be entitled to examine the contents of your Consignment, provided that such is necessary to avert danger to persons or property.
   • If your Consignment does not comply with a) the conditions set out in these Terms; or b) the permissible dimensions and weights; or c) our regulations on packaging and labelling, we will refuse to transport it.
   • If your Consignment nevertheless enters our system, we are entitled to discontinue further carriage at any time or to levy a subsequent reasonable additional transportation charge. If such additional transportation charge is not accepted or if there are reasonable grounds for suspecting that your Consignment is not in compliance with the conditions as set out in Section 4.1, we are entitled to return your Consignment or to hold it ready for your collection. In the event of such return or hold, we are entitled to charge an appropriate fee amounting to at least one third of the agreed fee as compensation for expenses.

1. DELIVERY
   • Delivery shall be made to the recipient indicated on the Consignment by personal handover against signature of the recipient. Nonetheless, you agree that:
     • delivery may also be made to third parties properly authorized by the recipient; and
   • Consignments a) with an incorrect address, if the correct address cannot be determined with reasonable effort; b) whose acceptance is refused; and c) not collected by the recipient after expiry of the respective storage period, are considered undeliverable and will at your expense be returned to you. If you refuse to accept such return, we are entitled to dispose of the Consignment at your expense, including selling or destroying it.
   • We will not be held liable for any damage to a package after the package has been paid for and has left our premises.

1. UNDELIVERED AND UNCLAIMED CONSIGNMENTS
   • Where for any reason we have been unable to deliver a consignment in accordance with your request, if you have not made alternative arrangements at your expense within thirty days we shall inform you of our intention and shall be authorized by you to sell the consignment thirty days thereafter and will do what is reasonable to obtain the value of the consignment.
   • We shall be discharged from any and all liability in respect of the consignment and our service in relation to it upon payment to you of the proceeds net of our reasonable charges and expenses.

1. GENERAL LIEN
   • We have a general lien against all and any consignments, including without limitation consignments owned by you or by any person who is authorizing you to agree these Terms for any and all monies whatever due to us from you.
   • Consignments subject to such lien shall be subject to our powers of sale under clause 6 as if you had failed to make alternative arrangements as outlined in that clause.

1. INSURANCE
   • Consignments will be insured automatically at a cost of USD $1 for up to a value of USD $100. If additional insurance is required, you must be requested in advance.
   • For any amount above USD $100 the cost will be USD $1 for every additional USD $100 amount.
   • You may request additional insurance via email or in case of dropping your Consignments of at our warehouse with a staff member.
   • If no insurance request is submitted in advance, the company will not be liable for lost, stolen, or damaged packages past the automatic insurance amount of USD $100.

1. CONSIGNMENTS THAT ARE NOT ACCEPTED
   • The following provides an overview of Consignments we cannot accept:
     • consignments whose transport violates legal or official prohibitions or whose transport or storage is subject to national or international dangerous goods regulations,
     • consignments whose carriage is subject to special conditions, in particular special export, import or customs regulations and where you have failed to inform us accordingly,
     • consignments with inadequate packaging, which in particular do not comply with the regulations on packaging and labelling,
     • consignments with liquid contents, insofar as these are not packed in a break-proof manner and protected against leakage,
     • consignments containing:
       • works of art, antiques, stamps as collector’s items, negotiable instruments, securities, precious metals, precious stones, industrial diamonds;
       • money and other valid means of payment;
       • goods requiring special transport precautions and in particular, but not exclusively, perishable or temperature-sensitive goods;
       • human remains;
       • live animals and parts or remains of animals; this exclusion does not apply to processed hides or leather or to animal feed derived from animal products, provided that they do not contain live animals;
       • firearms, cutting weapons or impact weapons or equivalent objects;
       • may endanger persons or damage material goods or other consignments;
     • consignments for which the pick-up address or delivery address designated by you is unsuitable or can only be reached with disproportionate difficulty (including, in particular, airports or cruise terminals) or for whose posting or delivery special expenses or security measures are required;
     • consignments addressed to a P.O. Box address, or a wholesale postcode.

1. DANGEROUS GOODS AND HAZARDOUS MATERIALS

We will only transfer consignments considered restricted articles”, “hazardous material”, or “dangerous goods”, as defined by the Department of Transportation (DOT), the International Air Transportation Association (lATA), and/or the International Civil Aviation Organization (ICAO), upon prior notification and such consignment will only be shipped as specially designated “hazmat” cargo via air sea freight.

1. PRICES
   • Shipping fees to be paid are shown on our website and valid at the time.
   • Air Freight Shipping fees are based on:
     • the actual weight of your Consignment rounded up to the nearest pound (lb)
     • the actual dimensions (length + width + height) of your Consignment based on the dimensional weight. (Dimensional weight is calculated as length x width x height, in inches / 166.)
   • Sea Freight Shipping fees are based on the actual size of your Consignment measured in cubic feet. (Cubic feet is calculated as length x width x height, in inches / 1728.)
   • We do our best to ensure that the information about our Service is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Service, or that our Service will always be available if you wish to place an Order to purchase them.
   • We reserve the right to modify the information about our Service displayed on our website, including as regards prices, description, and availability. However, such changes will not affect consignments for which you have already received a confirmation email.
   • All payments required must be made in cleared funds to such bank as we from time to time nominate, without any set-off, withholding or deduction.
   • You undertake to pay all applicable Taxes, Customs, Import and Export Duties at the then prescribed rate, payable in respect of the Services.
   • Confiscation or Seizure of any consignments for any reason whatsoever does not release you from paying related freight Charges.
2. LIABILITY
   • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
   • We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   • Nothing in these Terms seeks to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
   • Unless otherwise expressly agreed in these Terms or otherwise in writing, Final Link is liable for national transport only in accordance with applicable laws. In the case of cross-border transport Final Link is only liable in accordance with Art. 17 ff. CMR.
   • In the event of loss of or damage to a consignment Final Link shall be liable to the Customer only to the extent of the direct damage typical of the contract up to the statutory liability limits.
   • In the case of loss of or damage to consignments subject to the terms of the contract, Final Link waives the right to invoke the maximum liability limit, in the case of cross-border transport, pursuant to Article 23 of the CMR, insofar as the proven direct damage is less than USD $ 50 for small packages, less than USD $ 500 for parcels and less than USD $ 1000 per Consignment.
   • If you handed a consignment to us which does not comply with these Terms without expressly pointing this out in writing and if damage occurs to the Consignment which, according to the circumstances of the case, could have arisen from the lack of permissibility of the Consignment, it is presumed in favor of Final Link that the damage arose from this risk. The special grounds for reduction of liability or exclusion of liability or, in the case of cross-border carriage, under Article 17 of the CMR remain unaffected.
   • You must report any externally visible damage to or loss of the Consignment at the latest on delivery of the Consignment, and any damage or loss which is not externally visible within 7 days of delivery, in each case clearly marking the damage or loss. Otherwise, it is assumed that the damage was not present at the time of delivery and that the Consignment was handed over in full.
   • A total loss of a Consignment is presumed if a Consignment has not been delivered within 20 days after handover for delivery in the case of national delivery, or within 30 days in the case of international delivery.
   • All claims shall become time-barred in accordance with applicable legislation or, in the case of cross-border carriage, in accordance with Art. 32 CMR. Insofar as claims are concerned which are not subject to the provisions of the contract between us under applicable legislation or, in the case of cross-border carriage, the CMR, the statutory limitation periods shall apply. However, the limitation periods shall apply mutatis mutandis to claims arising from any tortious liability on the part of Final Link.
   • You accept that you will be liable for
     • damages caused by your consignment not complying with these Terms.
     • all consequences arising from an unauthorized cross-border shipment and violations of export, import or customs regulations.
   • If you fail to pay additional costs incurred in the course of a delivery (customs duties, import and export duties), you must reimburse us for the costs of returning the refused consignment plus any additional costs incurred.

1. DATA PROCESSING
   • All personal data will be processed by us in accordance with the statutory provisions.
   • We point out that we use the services of third parties (subcontractors) to fulfill our obligations. In order to perform the contract concluded with you, we are authorized to transfer personal data to these third parties to the extent necessary.
   • We use electronic means to prove proper delivery and therefore stores data relating to delivery, e.g., the digitized form of the recipient’s signature, date, and time of delivery, for verification purposes.

1. LABELLING
   • Address and sender details on consignments. Each consignment handed over to us for transport requires a full address and sender information. The address must be sufficiently precise and clear to enable the Consignment to be transported and delivered without further investigation. It must not contain any additions that could lead to misunderstandings or make it difficult or impossible to process the Consignment.
   • The inscription must be placed on the largest surface of the Consignment, whereby the clarity must not be impaired by information that is not part of the address. In the case of used packaging, all ambiguous information, e.g., old address data, must be removed.
   • The address must include, in order from top to bottom: the name of the addressee (plus company name, if applicable), the delivery details (street and house number; if available, plus number of the floor and flat number; in the case of companies, the department designation), the place of destination preceded by the postcode, and in the case of international carriage, the country of destination.
   • The place of destination preceded by the postcode should be clearly separated from the delivery details in the bottom line. The place of destination must be indicated without any additions that are not part of the official place name. The postcode must always be indicated in full.
   • The sender information must correspond to the address in its arrangement and components. The sender’s address must not impair the clarity of the address. For security reasons, the address and sender’s details must also be deposited inside the Consignment.

1. PACKAGING
   • Consignments must always be packed in a dimensionally stable and basically parallelepipedal package and, depending on the contents, type of consignment and size, in such a secure manner that damage during transport is excluded and the contents are protected against loss and damage. The packaging always includes suitable outer packaging, suitable inner packaging and a secure closure.
   • The outer packaging must be suitable for the contents in such a way that the packed items do not fall out, do not damage other consignments and are not damaged themselves. Adequate inner packaging must be provided and supplemented by fillers. In the case of transport-sensitive items, the packaging must be adapted to their particular sensitivity in order to take account of the specific nature, quantity and any other special features of the contents in each individual case. The packaging must safely protect the contents of the Consignment against stresses to which they are normally subjected during shipment (e.g., pressure, impact, falling, vibration or temperature influences).
   • An outer packaging must be of parallelepipedal shape and be sufficiently dimensionally stable and pressure resistant. It must also be of sufficient size to provide space for the entire contents and the necessary inner packaging components. It must not give any indication of the nature and value of the goods.
   • The inner packaging must secure the contents and cushion them on all sides against the outer packaging and, if there are several contents, against each other. Sales and storage packaging is often only designed for palletized shipping. For individual shipment, additional packaging measures (e.g., molded foam) are mandatory as transport packaging.
   • For sealing the Consignments, resistant materials (e.g., tear-resistant, self-adhesive plastic packing tapes or fiber-reinforced wet adhesive tapes) must be used to guarantee the cohesion of the Consignment. The heavier the Consignment, the more resistant the seal must be.
   • Packaging or closures must not have any sharp edges, corners, or points, e.g., protruding nails, staples, wood splinters or wire ends. The packaging must completely enclose the goods to be transported.
   • Outer packaging’s for consignment are all lockable containers with handles such as suitcases, bags, garment bags and rucksacks. In order to avoid the usual traces of transport (scratches), a protective film is recommended. No objects (umbrellas, walking sticks, bicycle baskets etc.) may be attached to the outside of the Consignment.

1. SECURE PACKING
   • Consignment must always be locked and secured with additional locks if necessary.
   • Transport-sensitive components of the Consignment must have an appropriate break-proof, fixed inner packaging. Cosmetics and hygiene articles must be additionally protected with an outer packaging. Screw caps and caps must be tightened to the torque recommended by the manufacturer.

1. FORCE MAJEURE
   • We will not be liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
   • If any event described under this Clause occurs that is likely to adversely affect our performance of any of our obligations under these Terms, we will inform you as soon as is reasonably possible and suspend our services accordingly and inform you when the event outside of our control is over.
2.  REFUND POLICY

   • Lost or Damaged Packages: We will provide a refund or account credit if your package is lost or physically damaged while in our direct custody (after it is scanned at our warehouse).

   • Non-Refundable Items: We cannot refund government customs duties or taxes, and we are not responsible for incorrect or broken items sent by your original supplier.

2. OTHER IMPORTANT TERMS
   • All personal information that we may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
   • We may transfer (assign) our obligations and rights under these Terms to a third party or through suitably qualified and skilled sub-contractors. If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
   • You may not transfer (assign) your obligations and rights under these Terms without our express written permission (such permission not to be unreasonably withheld).
   • Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties.
   • These Terms is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
   • No failure or delay by us or you in exercising any of our respective rights under these Terms means that such right has been waived.
   • Each party agrees that these Terms herewith may be electronically signed, and that any electronic signatures appearing on these Terms are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. For the purpose of clarity, the following shall qualify as electronic signature: a) Checking a box or a ‘click to accept’ button; or b) Typing a name; or c) Pasting an image of a signature; or d) Drawing a name or initial with a stylus or by hand on a touchpad; and e) Electronically signing using an available third-party software application.
   • If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
   • Any dispute, controversy, proceedings or claim between us and you relating to these Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of Florida.
   • These Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Florida.