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General Conditions Delivery Service RTTD

1. Definitions

Cpost

Cpost International N.V., with its registered office at Willemstad, Curacao at Waaigatplein 1 under Curacao Chamber of Commerce number 91524, being the company that facilitates the sale of Products provided by product Partners through its Platform and -as instructed by Clients- delivers the Products to Clients;

Product Partner

The company, retailer, wholesaler, distributor or manufacturer who agrees to offer its Products on the Platform;

Client

The party who enters into the Transport Agreement with Cpost;

Addressee

The party to which Cpost is to deliver the Product pursuant to the Transport Agreement;

Platform

The Right to the Door internet portal and database where Clients can purchase Products;

Product

All products and services offered by Product Partner on the Platform;

Purchase agreement

The agreement between Clients and Product Partner. The Purchase agreement goes in effect upon acceptance of the terms and conditions on the Platform and payment of the purchase price by Client via the Platform;

Purchase Price

The total amount of the Product, including taxes;

Transport Agreement

An agreement for transport concluded between Cpost and the Client governed by these conditions, which will go in effect upon acceptance of the terms and conditions on the Platform and payment of the purchase price via the Platform;

Transport Document

A document[1] (or combination of documents) attached to or enclosed with a product Item, specifying the details required for transport thereof, such as the delivery address of the Addressee, email address, ID number, telephone, product and account number;

Delivery fee

The amount that Clients pay to Cpost for the delivery of the Products;

Delivery Service

The transportation of product to the delivery address according to the Transport Agreement;

Returns

The products that are returned to the Product Partner by the Clients or – on behalf of the Client – through Cpost in accordance with the terms and conditions of Product Partner.

2. Transport Agreement

The Transport Agreement is completed by placing the order on the Platform.

2.2 Cpost may refuse, suspend or terminate transport of a Product if:

a) The Client fails to comply with the requirements set out by Cpost for acceptance of
    the Product (with respect to payment, reporting of information etc.)

b) It proofs impossible to deliver as mentioned in article 7.

c) Any form of force majeure occurs (such as natural disaster, strikes etc.)

2.3 The Transport Agreement will be terminated if Cpost refuses, suspends or
      terminates the transport of a Product. Without prejudice to its right to demand
      compensation for any costs (including additional costs) incurred, Cpost will be
      entitled to demand payment of the sums due for the transport according article 8.

3. Client information

3.1 The Client's name and delivery address must always be filled in correctly on the
      Platform.

3.2 The Client's information, such as the billing and shipping information may not be
      changed once an order has been placed. Changes can only be made on the next
      order.

4. Performance of the Transport Agreement by Cpost

Without prejudice to its right and obligation under the Transport Agreement, Cpost reserves the right to contract third parties to perform all or part of the Transport Agreement.

5. Delivery times

5.1 Cpost aims to deliver the Product to the delivery address within 2 business days
     after placement of the order.

5.2 Cpost also offers a same day express delivery service which entails delivery before
     18.00 on all orders placed before 12.00 of that same business day. This service can
     only be performed if Product is available for pick up at Product Partner's address at
     14.00 of that same business day.

5.3 The delivery will take place from Monday to Friday between 8:00 – 12:00 and
      between 13:30 – 17:00.

[1] For example an airway bill, notification (kennisgeving) etc.


6.
Liability

6.1 In the event of loss or damage during the transportation from the Cpost premises
      to the delivery address provided by the Client Cpost will be liable.

6.2 Cpost is not liable if the damage, lost or delay is due to:

a) The nature of the Item, or

b) Circumstances that Cpost could neither avoid nor avert the consequences of.

6.3 Cpost is not liable for consequential or immaterial damages.

7. Delivery

7.1 Delivery can only be made by manual delivery to the Addressee. The Addressee can
      authorize a representativeby written notice. 

7.2 The Addressee or representative should provide a valid identification and sign for
      receipt. Delivery is completed upon a signature of the Addressee or the authorized
      representative. This signature implicates that the Delivery Service has been
      completed.

7.3 The first delivery attempt will be scheduled upon appointment. If it proofs
      impossible to deliver an Item on the first delivery attempt, a second appointment
      shall be made. The Cpost storage policy applies.

7.4 If it proves impossible to deliver a Product to the Addressee by the method 
     mentioned in this article, Cpost will retain the Product for a period – commencing on
     the day that the Product was ready to be delivered - not exceeding seven days at no
     costs. The Client will be notified in writing that the second delivery attempt has been
     made and that the Product can be picked up at an indicated Cpost branch. 
     The Cpost storage policy applies.

7.5 Cpost will not retain any Product which is known as or suspected of containing 
     perishables.

8. Rates (Sales Tax[1] is not included)

8.1 The following rates apply for the first attempt:

Product[2] (in kilograms)                     Rate

First 10 kg                                               $ 8.43

Each additional 5 kg or fraction thereof,
with a maximum weight of 20 kg                $ 2.81

Package above 20 kg and package that
requires special transportation vehicle or
handling by more than 1 employee            Individual calculation

8.2 The total charges after the second attempt are: 1,75 x rate according to article 9.1.

[1]Omzetbelasting.

[2] Rates are based on consolidation of items per delivery.

8.3 The Client should pay the charges mentioned in paragraph 8.2 upon delivery of the product.

9. Payment

9.1 Payments shall be made upon placement of the order according to the rates
     mentioned in article 8. The Client is responsible for ensuring correct payment by
     using a credit card.

10. Procedure for undeliverable Products

If the Addressee refuses to take delivery of a Product or does not collect the Item within 30 days after the last delivery attempt, the Item will be at the disposal of Cpost and becomes its property. The Terms & Conditions of Cpost are applicable.

11. Return

11.1 Cpost will facilitate the physical return of the Product(s) up to 20 kilos from the
       Client's address to the Product Partner in the case that the Product Partner allows
       returns according to its terms and conditions. The same conditions and charges
       mentioned in article 8 apply for return of packages.

11.2  If Product Partner does not offer compensation for the return delivery, Cpost will
        collect $ 8.25 for the return service from the Client.

12. Applicable law

This Agreement shall be governed exclusively by the laws of Curaçao. All disputes that may arise from this Agreement will be submitted to The Court of Justice in first instance of Curaçao.

13. Amendments to conditions

Cpost reserves the right to amend or supplement these conditions. Except where agreed or provided for otherwise, amendments or additions will apply until further notice to all Transport Agreements concluded on or after the date of introduction of such amendments or additions as made known by Cpost.