Terms and Conditions

1 Introduction

B2C LOGISTIKAS 360 FULL SERVICE is operated by Logistikas S.A. (we, us and our). We are registered in Switzerland, Route de Grand Lancy 6, CH1227, Acacias, Switzerland.

The terms contained in this document (Terms and Conditions) apply to all transactions for the B2C LOGISTIKAS 360 FULL SERVICE.

In order to use the Services you must become a registered member of the Site (a Registered Member) by following the instructions on the Site.

Please read these Terms and Conditions carefully before you become a Registered Member. By registering as a Registered Member and using the Services you agree to be bound by these Terms and Conditions, which form a legal agreement between you and us and can only be amended with our consent.

We reserve the right to change these Terms and Conditions from time to time without prior notice to you. Any change will not affect the provision of Services in relation to any order that you place or Goods that we receive on your behalf from a Supplier before that change is implemented.

2 Registration

We offer the following service for our B2C clients:

Forwarding Service - B2C LOGISTIKAS 360 FULL SERVICE

Whenever you arrange for goods (Goods) to be sent to your unique Logistikas Personal Forwarding Address assigned to you when you became a Registered Member (your Logistikas Personal Forwarding), we will forward those Goods to your registered account address (the Forwarding Service). You may arrange for Goods to be sent to your Logistikas Personal Forwarding Address in the following way:

(1) by placing an order directly with a supplier (Supplier), specifying your Logistikas Personal Forwarding Address as the delivery address for the Goods.

Whenever we receive Goods at your Logistikas Personal Forwarding Address, we will contact you to arrange the forwarding of those Goods to your registered account address, consolidate shipping of your goods or arrange storage. We will charge you a fee for using the Forwarding Service (the Forwarding Fee). The amount of the Forwarding Fee will be agreed with you when we contact you to arrange the forwarding of your Goods to your registered account address. As soon as we receive full payment of the entire Fee from you, we will dispatch the Goods to your registered account address.

Tell us that you wish to insure the Goods when you place your order.

You can cease to be a Registered Member at any time by contacting us directly to close your account.

3. Using the Services

If you place an order for Goods directly with a Supplier, you must provide your Logistikas Personal Forwarding Address as the address to which the Supplier should send those Goods.

We are only able to receive Goods between 08h00 and 17h00 Monday to Friday (Swiss time). When you place an order for Goods directly with a Supplier, you will need to tell the Supplier this. We will not be liable to you for any Goods delivered outside those hours.

In placing an order with us, you confirm that the Goods have been purchased from a retailer that is authorized to sell the Goods in the country in which you are based. You also confirm that if the Goods benefit from a manufacturer's warranty, that warranty will be valid and enforceable in the country in which you are based.

Acceptance of your request for us to provide Services to you in accordance with these Terms and Conditions shall take place:

- if you placed an order directly with a Supplier specifying your Logistikas Personal Forwarding Address as the delivery address for the Goods, when we dispatch your Goods to your registered account address by way of the Forwarding Service.

Order Placed with Supplier

Title in the Goods shall remain with the Supplier until you make payment in full for those Goods to the Supplier, at which point title will pass to you.

4 Distribution Service

When placing an order for the Forwarding Service, you will be required to provide us with the following product information in order that we may process your order:

brand;
manufacturer;
model number;
size;
colour;
pe;
quantity;
cost for the item to be shipped to us;
price (which, if you are a Worldwide Customer must be the price exclusive of VAT or other local sales tax)

5 Restrictions on your use of the Services

You must not arrange for a Supplier to send Goods to the Logistikas Personal Forwarding Address if Goods:

may be hazardous or dangerous;
are not permitted for carriage by air;
cannot lawfully be delivered to the jurisdiction in which the registered account address is located.

If Prohibited Goods or Restricted Goods are sent to us:

we will deal with them as we see fit (and will charge you for any costs and expenses we incur); and
you will indemnify us and keep us and our employees, sub-contractors and agents indemnified against any and all resulting losses, damage and/or injuries.

6 International deliveries

You authorize us and our Couriers to complete any necessary documentation for the purpose of customs clearance (where we are legally permitted to do so).

Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist.

You will be regarded as the importer of any Goods that we send to you through the Services and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection by customs authorities.

7 Delivery

We will aim to ensure that all Goods which we receive at your Logistikas Personal Forwarding Address are forwarded to your registered account address as soon as possible. Goods received by us will normally be forwarded to you within 48 hours of receipt (unless requested not to by you), although it may take longer where we, acting reasonably, suspect that Restricted Goods or Prohibited Goods have been sent to us, or that the Goods may be fraudulent or otherwise unsuitable for export. Delivery times for the Forwarding Service vary according to your registered account address, but should take no longer than 7-10 business days (excluding time spent in customs which is beyond our control) from the date on which we dispatch the Goods to you. Certain deliveries may require a signature to confirm receipt.

We may, prior to dispatching the Goods to your registered account address (by way of the Forwarding Service) and in our discretion, contact you to offer you the option of receiving the Forwarding Service by way of a low cost or pallet based service as opposed to a normal Courier. Where you agree to receiving the Forwarding Service in this way, we will agree with you an alternative Fee before we dispatch the Goods to your registered account address. When using this low cost or pallet based service, your delivery time should not exceed 30 business days. We will not accept any liability for the loss, damage or destruction of Goods after they have been delivered to you.

8 Prices and payment

Before you place an order with a Supplier for delivery to your Logistikas Personal Forwarding Address, we suggest that you calculate an indicative price. The full fee that you must pay to us for each order (the Fee) shall comprise:

The Forwarding Fee agreed with you.

- The Forwarding Fee will be agreed with you before we send the Goods to your registered account address. The Forwarding Fee will be dependent upon (i) the charges made by the Courier and (ii) the size and weight of the package as measured and determined by us when we receive the Goods from the Supplier at your Logistikas Personal Forwarding Address.

All prices on the Site are in Euro (€). Prices may change at any time.

Whenever we receive Goods at your Logistikas Personal Forwarding Address, we will contact you using the details you provided when you became a Registered Member (or subsequently) to confirm the full amount of the Fee and to take payment from you using your payment card (a Direct Payment) or via bank transfer. If we are unable to contact you in order to take a Direct Payment, or you are unable to make a Direct Payment for any reason, we will promptly send to you an invoice for the amount of the Fee (an Invoice Payment). For the avoidance of doubt, we will not dispatch the Goods to you until we have received full payment for the Goods and the entire Fee.

If we are unable to contact you within 10 business days of receiving Goods from a Supplier at your Logistikas Personal Forwarding Address, we may return the Goods to that Supplier. You are responsible for the Courier’s costs where:

a. We return any Goods to you;
b. We return any Goods to the Supplier;

Any Goods are returned to us because you are not available or refuse to accept delivery of those Goods at your registered account address on the date of attempted delivery by the Courier.

Where you are required to pay Courier costs, we will contact you so you may make a Direct Payment for those costs.

All payment card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment we will not be able to send your Goods, will not be obliged to inform you of the reason for the refusal and we will not be liable for non-delivery. In these circumstances we will try to contact you again to obtain valid payment details. If you do not provide a successful Direct Payment or pay via bank transfer promptly, we will deal with the Goods as we see fit.

We are not responsible for your card issuer or bank charging you as a result of our processing of your Direct Payment.

All payment transactions will be processed on our behalf by our nominated payment merchant. This means that your credit/debit card details are provided directly to the payment merchant and are never revealed to us. The payment merchant shall operate a secure server to process your payment details. The payment merchant shall encrypt your credit/debit card information and shall authorize payment.

9 Our liability and optional insurance

In relation to each consignment of Goods we receive from a Supplier, our liability to you in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the lesser of the:

repair or replacement cost of the Goods contained in that consignment;
liability of the Courier to us in relation to the Goods contained in that consignment;

Where you have indicated that you would like a consignment of Goods to be insured whilst it is in the care of the Courier, we will arrange for our insurance policy to cover those Goods. The insurance will be provided to us by a third party insurer.

Where you place an order with a Supplier for delivery to your Logistikas Personal Forwarding Address, it is your responsibility to ensure that the Supplier is given the correct Logistikas Personal Forwarding Address. We shall not be responsible for any incorrectly labeled deliveries of Goods. We shall only arrange for our insurance policy to cover Goods where you have indicated in the format of your Logistikas Personal Forwarding Address or when placing your order that insurance is required. We cannot be held liable for any mistakes in labeling made by the Supplier.

The cost of taking out any such insurance will include our administration fee for arranging that insurance. That administration fee, and the overall cost of taking out such insurance will be determined by the Goods.

If you would like us to make a claim on the insurance policy on our behalf, you should notify us within 14 days of actual or scheduled delivery of the Goods (whichever is earlier). We will then make a claim on our policy on your behalf within the 30 day period under the policy. You will be required to cooperate fully with us, and any person appointed by the insurer or Courier, in respect of the claim.

If the claim is rejected by the insurer, you agree that we shall have no liability to you in respect of that claim.

The option to repair, replace or compensate you for lost or damaged Goods is at our discretion.

Nothing in this Agreement will limit or exclude our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.

10 General

We may engage agents and/or sub-contractors to perform all or any part of the Services and such agents and/or sub-contractors (including Couriers) will be entitled to the protection of all the terms in these Terms and Conditions which exclude or limit our liability.

Any formal legal notices should be sent to us at the address at the end of these Terms and Conditions by email and confirmed by post.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.

If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.

You and we agree that Swiss law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the Swiss courts.

Nothing in these Terms and Conditions is intended to, nor shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of the other party, nor authorize any party to make or enter into any commitments for or on behalf of the other party

11 How to contact us

Please feel free to contact us in any of the following ways:

By email at logistikas [at] bluewin.ch. This email address is being protected from spambots.
By telephone on +41 (0)22 823 1085 between the hours of 09h00 and 17h00 (Swiss time)
By writing to us at Logistikas S.A., Route de Grand Lancy 6, CH1227, Acacias, Switzerland.

12 Prohibited Goods

The following cannot be sent to any country

Aerosols
Articles of exceptional value
Banderols/tax stickers
Batteries
Bearer form negotiable instruments
Bullion
Clinical and medical waste
Corrosive substances
Counterfeit currency, bank notes and postage stamps
Counterfeit goods
Currency
Drugs - including all over-the-counter, prescription and legal drugs as well as illegal drugs / narcotics
Dry Ice
Environmental Waste
Explosives and ammunition
Flammable liquids
Flammable solids
Furs
Gases
Human remains
Indecent, obscene or offensive material
Infectious Substances
Living creatures
Lottery tickets
Matches of any kind
Oxidising substances and organic peroxide
Pathogens
Perfumes and Aftershaves
Pesticides
Poisonous (toxic) and infectious substances
Poisons
Pornography
Precious metals and stones
Printer Cartridges
Radioactive materials
Real or imitation firearms, parts thereof
Sharp Instruments
Solvent-Based Paints and Inks
Water-Based Paints and Inks