TERMS AND CONDITIONS

"BMG Global Post" means BMG GROUP 2020, SOCIEDAD LIMITADA
Sección de Denominaciones CERTIFICACIÓN NO. 21037216 от 08/03/2021,
CSV: 12814001-INC-21037216-INR-15938951
CIF B05445069
VAT ESB05445069

1. Terms

1.1 BMG Global Post is a delivery aggregator which provides customers with parcel delivery services and a set of software and hardware tools designed to enable data exchange between delivery services and Customers. The system provides customers with the ability to create and submit orders for delivery of goods, track the status, print shipping labels, as well as use other functionality. Delivery services are provided with an opportunity to access Customer's uploaded delivery orders, post information about tracking statuses, as well as other information.
1.2 Customers are legal or private persons who have signed a contract with BMG Global Post to send parcels.
1.3 An order is an order for delivery received from the Customer, into the BMG Global Post system and transmitted through it to the courier or postal service delivery
1.4 Shipment/parcel - a parcel or several parcels sent to the Consignee's address.
1.5 Consignee - the person for whom one or more parcels are sent
1.6 SLA is Service Level Agreement. BMG Global Post's SLA definitions and parameters:
The Agreed Operational Time (AOT) is the time at which the service should function normally. For example: 24x7 (24 hours a day, seven days a week).
Coordinated Support Time (CST) - the time at which the system is supported. For example: 8x5 (10:00-18:00, Mon-Fri), 8x7 (10:00-18:00, Mon-Fri). Unless otherwise stated, the time zone and hours of operation of the Departure Warehouse.
1.7 Level of service SLA:
1.7.1 BMG Global Post (AOT) agreed uptime - 24x7
1.7.2 Agreed Coordinated Support Time (CST) 8 x 5 (10:00-18:00, Mon-Fri), excluding public holidays.
1.8 Compensation is compensation for loss or damage during delivery. Compensation is not possible for documents and goods listed as prohibited or No compensation Items for delivery.

1.9 Courier/Delivery services - our partners who deliver parcels ordered via BMG Global Post
1.10 Collection point - the address where the courier receives or collects the parcel
1.11 The shipping label is a document attached to the parcel and includes a tracking number, with the address and contact details of the consignee.
1.12 Delivery point - the address to which one or more parcels are delivered
1.13 No compensation Items - goods in a parcel which are delivered at the Client's risk and for damage or loss of which BMG Global Post will not pay compensation

2. Subject and other conditions

2.1. In order to join the present offer, the Client fills in the registration form on the website of BMG Global Post at: https://my.bmgglobalpost.com/, indicating his data, and the Client sends the registration form indicated by pressing the virtual button, as well as acceptance of the Terms and Conditions, and BMG Global Post as its confirmation sends a confirmation email to the email received when filling in the registration form and sent by pressing the virtual button. The performing of all the above actions means the conclusion between the Client and BMG Global Post of a licence agreement under the terms of this offer, with the agreement being considered concluded on the date of the registration form.
2.2 After the Client has performed all the actions specified in clause 2.1 of this offer, the Client gets access to a personal account on the website https://my.bmgglobalpost.com/, through which all the information interaction between the Parties takes place, including posting any information, submitting notifications and messages. In the Client's Personal Account and on the Website promotional materials from BMG Global Post and its partners can be shown, any advertising and other messages can be sent to the Client's email addresses, through the API interface and by other means, including the use of cookie technology.
2.3 Under the terms of this offer, BMG Global Post provides the Client with the right to use the BMG Global Post system with all its functionalities described in paragraph 1.1 of this offer in the following ways:
2.3.1 using the website https://my.bmgglobalpost.com/ and the Client's registered personal account;
2.3.2 placing parcel delivery orders to consignees addressed by Couriers and/or Delivery Services
2.3.3 Track parcels, receive information on the progress of their delivery, communicate with the Support Team via the Support form or contact the warehouses;
2.3.4 using other functionalities of the website and the BMG Global Post system described in paragraph 1.1 of this offer.
2.4. After registering a personal account, the Client has access to information about the Delivery Services connected to the BMG Global Post system, the tariffs and conditions offered by them. The Client is deemed to have accepted the offer of the chosen delivery service after performing the actions stipulated by paragraph 2.1. of this agreement.
2.5. BMG Global Post provides the Client with the right to use the system on the terms of a simple (non-exclusive) licence. The Client is not allowed to use the system contrary to its functional purpose, to create other products and services on its basis, to extract its source program code or its part, as well as other actions that violate reasonable limits of using the system according to the present agreement.
2.6. The use of the BMG Global Post system by the Client means his full and unconditional agreement with all the terms of this offer without exception; if the Client does not agree with any of the terms, he must stop using it. BMG Global Post has the right to suspend, limit or terminate the BMG Global Post system, disable or adjust any of its functionalities and services.
2.7. BMG Global Post has the right to make changes and additions to this Agreement, to exclude certain terms and conditions from it, with the Client being obliged to follow the current version of this offer and he/she is further denied the right to refer to the fact that they were not known to him/her. The Customer may not further refer to disagreement with this offer as a whole or with its individual terms and conditions.
2.8. This Agreement is valid indefinitely, with either Party having the right to declare its intention to terminate it by deleting the created Personal Account.

3. Amount of payment and procedure for payment

3.1 The amount of payment for providing the right to use the system for the entire term of its validity depends on the number of parcels handed over to the Delivery Services specified in paragraph 2.4. of this offer. The current rates are available on the BMG Global Post website or in the Client's personal account.

4 Liability of the parties and dispute resolution procedure

4.1 For non-performance or misperformance of this agreement, the Parties shall be liable in accordance with the applicable laws of the country from which the parcels are shipped.
4.2. BMG Global Post does not have any any liability to the Client in case of failures for any reasons in the work of servers and other technical equipment, sites, information systems and software complexes of BMG Global Post itself, delivery services, as well as any third parties, during preventive works on the mentioned servers, in case of interruptions in work of hosting providers of delivery services and BMG Global Post, and also because of any hacking attacks and other actions of third parties, aimed to break the operability of BMG Global Post or its separate elements. BMG Global Post ensures uninterrupted work of the system, but does not bear responsibility for software and technical failures, possible full or partial loss of data, and also other adverse consequences due to actions (inaction) of Delivery services and other third parties.
4.3. BMG Global Post is liable to the Client in all cases to the extent of actual, documented damage if it is at fault.
4.4. Upon the Client's request, BMG Global Post is obliged to examine all incoming enquiries about the quality of the system, as well as provide technical support and contact delivery services by e-mail [email protected] or by phone numbers indicated in the Contacts section of the website from 10:00 to 17:30 from Monday to Friday, excluding public holidays.
4.5 Any circumstances of extreme and insuperable force (force majeure), including the spread of coronavirus infection, shall not be regarded by the Parties as grounds for releasing them from liability for breach of obligations.
4.6. By entering into this Agreement, BMG Global Post certifies to the Client that BMG Global Post is the lawful right holder of the BMG Global Post system and all of its software elements.
4.7 BMG Global Post is obliged to arrange for the collection and delivery of the Client's parcel(s) by courier. All services provided by BMG Global Post will be provided with care. BMG Global Post reserves the right to change, delete or introduce any new services or prices available at https://bmgglobalpost.com without notice.
4.8 The Customer agrees that all addresses given at the time of placing the order must be correct and complete. The delivery service requires a complete address for successful and timely delivery. All parcels returned due to an incorrect/incomplete address will be returned and/or delayed by the delivery service and no refund will be given for the undelivered parcel and additional fees will be charged for the reissue and return of the parcel.
4.9 The Client confirms that he has read the Packaging Guide on the BMG Global Post website and that the item(s) in the parcel are securely packed and that the parcel will be able to resist possible damage in transit. Compensation requests will be rejected if the packaging is weak and the goods inside the parcel are damaged due to the packaging.
4.10 All parcels have a tracking number and it is the Customer's responsibility to track the shipment using the tracking number provided by BMG Global Post or the courier.
4.11 BMG Global Post has the right to check the contents of the IPO. If a discrepancy is detected between the declaration provided by the client and the contents of the IPO, BMG Global post has the right to unilaterally refuse services to the client.

5. Collection and delivery

5.1 Delivery times listed on the BMG Global Post website are approximate and BMG Global Post cannot guarantee delivery within this timeframe. Delays may occur through no fault of BMG Global Post and/or the Delivery Services. BMG Global Post holds the right not to refund delivery charges (either in full or in part) due to delays in delivery. If parcels are delayed by more than 10 working days (in some cases 14 working days) BMG Global Post agrees to contact the Delivery Service at the Client's request to clarify the status and location of the parcel. The Client understands that the processing time for such requests may vary from 2 to several working days for each delivery service. BMG Global Post will provide the Customer with the information provided by the Delivery Service.
5.2 The collection of the parcel from the Client's address is performed on the day chosen by the Client at the time of placing the order. The maximum weight of a parcel that can be picked up by a courier is 30 kg. If the Client sends a parcel of more than 30 kg, BMG Global Post has the right to charge an additional cost. If the Client misses the courier and the courier does not collect the parcel on the appointed day - BMG Global Post will rebook the courier at the Client's request but this may cost the Client an additional 15 euro or equivalent amount in currency conversion at the rate of the day the additional cost is charged for re-collection.
5.3 The Client confirms that he is informed that parcels booked by postal delivery services pass through a transit point at the warehouses in the country of departure. All warehouse addresses are listed on the BMG Global Post website in the Contact section. The Client is aware that parcels from BMG Global Post warehouses are handed over for further delivery according to the warehouse's timetable. Client can find out about the warehouse's timetable directly from the warehouse manager at the contact details listed on BMG Global Post's website. BMG Global Post warehouses have the right to change the delivery timetable without notifying the Client.

6. Customs clearance

6.1 All parcels sent outside the European Union will go through customs. If the customs office requests any additional documents about the goods contained in the parcel - the Customer or the Recipient shall be obliged to provide such documents. Customs may dispose of the goods in the parcel and/or confiscate the parcel if the sender or the recipient does not pay the required duties and taxes or if prohibited goods are found in the parcel. The customer agrees that BMG Global Post, the courier or any government border or customs authority may open and inspect the parcel at any time. Refusal to pay customs duty or provide documentation, Customer and Recipient agree that the government border or customs authority may confiscate or return the parcel to the customs warehouse for a decision on further shipping. The Customer is notified that additional fees may be charged for returning the parcel to the customs warehouse and processing the parcel, as well as for other provided services.
6.2 The duty charged by Customs can only be paid before the parcel is delivered to the Consignee. BMG Global Post reserves the right to bill the Customer for the customs duty if necessary. If the Customer and Recipient refuses to pay the customs duty or provide the documents, they agree that the government border or customs authority may confiscate or return the parcel to the customs warehouse to decide on further shipping. The Customer is notified that an additional fee may be charged for returning the parcel to the customs warehouse and redoing the parcel by the manager.

7. Payment

7.1 All payments are made by the Client via the BMG Global Post website, using the automatic payment system at the end of the order placement. BMG Global Post does not accept any payments by phone or post. Payments can be made using all major credit and debit cards or PayPal. All card details are securely coded and BMG Global Post has no access to any bank details.
7.2 The client agrees to BMG Global Post's terms and conditions by paying for the service. The client will receive an invoice after payment, the payment history is stored in the client's personal account. All invoices can be viewed, downloaded or printed from the client's account at any time.

8. Taxes and additional costs

8.1 All payments are subject to VAT at the rate applicable in the shipping country. If the parcel shipped by the Client has a difference in weight and size, BMG Global Post reserves the right to bill the Client for the weight and size difference, based on the exact weight and size. After payment, the Customer's parcel will be sent to the Recipient. If the Client has indicated a weight or size higher than the real one, BMG Global Post agrees to provide the correct details and refund the difference in value to the Client's balance in personal account. The balance can be used by the Client to send further parcels, or to withdraw the funds back to the balance on a bank card or Paypal.
8.2 Parcels which arrive at the BMG Global Post warehouse with poor packaging or damages due to improper packaging will be repacked. In this case, BMG Global Post reserves the right to charge extra for packaging or repackaging if the original packaging is completely damaged.
8.3 A 20 euro fee, or the equivalent amount of the shipping country currency, will be billed to the Client if he/she was not available at the courier collection address provided when the parcel was placed in personal account at the time the courier arrived to collect the parcel. If the Customer cancels the parcel on the scheduled collection date, a 20 euro fee, or the equivalent amount of the shipping country currency, will be added to the delivery bill or deducted from the refund if the order was cancelled.

9. Insurance

9.1 BMG Global Post may provide insurance against loss and/or damage in transit. The Client may include parcel insurance at the time of placing the delivery order. The Client understands that if the insurance is declined and the parcel is lost and/or damaged, the Client will not receive a refund.
9.2 The cost of insurance is a percentage of the declared value of the goods and covers the declared value against loss and/or damage in transit.
9.3 BMG Global Post does not accept requests for insurance compensation from third parties or parties other than the Client who is the owner of the registered BMG Global Post account.
9.4 All claims for damages must be accompanied by photographic evidence from the Customer clearly demonstrating the claimed damage to both the goods and the packaging that was used for delivery.
"9.5 If compensation is paid for damaged goods which cannot be repaired, BMG Global Post will take ownership of the damaged goods. Claims for damaged, lost or delayed parcels will be rejected if they occur in the following situations:
-Natural disasters
-Effects of war
-Inappropriate packaging"

10. Cancellation policy

10.1 Cancellations of parcel reservation must be received from the Client by 22:00 on the day prior to the pick-up date. BMG Global Post reserves the right to charge an additional fee for any cancellations received after this time. This fee will be deducted from the refund amount. Transaction fees paid in respect of certain types of payment are non-refundable. Refunds will be made using the original method of payment.
10.2 BMG Global Post reserves the right to charge a penalty of 20 euro, or the equivalent amount of the shipping country currency, for any cancellations received the same day or after the date of collection of the parcel from the Client. The penalty will be deducted from the refund, assuming the item has not been received.
10.3 If the courier tries to collect the parcel after the Client has requested a cancellation, the Client should refuse to hand over the parcel. If the courier picks up the parcel and the parcel is received at the sender's warehouse, the parcel will be held up at the warehouse and the refund for the parcel will be cancelled.
10.4 If a cancellation is received after the parcel has been received by the courier, we will request a return of the parcel and no refund will be given for the delivery charge. It is the customer's responsibility to pay for the return. BMG Global Post does not guarantee that it will be able to stop the parcel being delivered by courier and if the parcel is delivered, BMG Global Post is not responsible for this situation.

11. Final statements

11.1 In all other matters not covered by this agreement, the Parties shall be governed by the applicable laws of the country of departure.
11.2. The Client warrants that they have all necessary authorisations for the transfer to BMG Global Post of the Consignee's data required for the conclusion and performance of this agreement and is responsible for complying with this agreement, including the transfer of personal data to the Delivery Services. The Client undertakes to compensate BMG Global Post for any amounts of penalties applied to them by decision of authorised governmental organisations.
11.3. The Client shall ensure that all confidential information giving access to his Account is kept secure and shall inform BMG Global Post of all cases of unauthorised activity. Otherwise, all actions performed using the Client's Account shall be deemed to have been performed by the Client himself/herself.
11.4 The Parties accept as legally binding any documents and information transmitted via personal accounts, e-mail, mobile phones and the API interface without subsequent confirmation by originals. Letters, requests, notices, claims and any other documents transmitted by the above means shall be deemed to be equivalent to documents in hard copy without subsequent confirmation in the form of originals. In the case of complaints sent by e-mail, the deadline for their examination is 10 days from their sending by the sender to the receiver, after which the complaint procedure will be deemed to have been complied with. On the part of the Client, the email address used for correspondence by email is the email address specified by the Client when registering a personal account in accordance with paragraph 2.1. of this offer, and on the part of BMG Global Post, any email address with the domain name @bmgglobalpost.com.
11.6. The Client guarantees to use the BMG Global Post system for a lawful purpose.