1. Use of the WebsiteWelcome to the House of Hennie website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website and should leave it immediately. Houseofhennie.com is an online service provided solely for your personal use for the sale of items, clothing, accessories, other and consulting.Company name: House of Hennie AS Company number: 927.048.914 Where Registered: Norway Registered office address: Inga Falsen Gjerdrums vei 45, 1396 Billingstad We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.To be eligible to purchase Items on this Website you must:a) be the holder of a valid debit/credit card. b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.If your personal information changes then please notify us immediately by contacting Customer Care on the following email firstname.lastname@example.org.You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.By using this site you agree to comply with, and be bound by, these Terms.We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a purchaseWhen you order an Item from House of Hennie you are offering to buy it for the price stated, subject to these Terms.You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the Purchase Now button at the end of the online order process.Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with an order reference and the total value of your order. This is not an order confirmation or order acceptance from House of Hennie.Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.If you require any information regarding your order(s) please contact Customer Care on +47 (0) 95 00 41 41, 08.00-17.00, Monday-Friday, or email email@example.comWe may not accept your order if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below.We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. Price and Delivery3a. OrdersCurrency: Your card will be charged in the currency you choose: NOK, DKK, SEK, GBP £, EUR €, USD $, AUD $. Please note, the purchase currencies you can choose from may be restricted by your shipping destination. Prices for shipment to the Norway will be shown in NOK. Prices for shipment to Australia will be shown in AUD $. Where shipment is outside Europe to the Americas – North and South including Canada and the Caribbean – prices are shown in USD $. Prices for shipments to Hong Kong will be shown in USD $. Prices for shipment to the Japan will be shown in USD ¥. Prices for shipment to all other countries will be shown in EUR €.The price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.VAT: If you are in Norway and choose to have the goods shipped to the Norway prices will be shown inclusive of VAT (where applicable) at the current rate. If the country of shipment is outside the Norway but within the EU and dependent territories, prices will be shown in euros inclusive of VAT. All other countries are shown a price excluding VAT as no VAT will be due on these orders. DDP: Please note that to assist customers, orders shipped to Australia, Bahrain, Canada, China, Japan, Kuwait, Saudi Arabia, South Korea, Singapore, Switzerland, United Arab Emirates, mainland United States and Qatar are now shipped on a Delivery Duty Paid (DDP) basis. This means that all relevant import taxes and duties will be included in the product price displayed on the website (where the individual product or total order value is over the relevant country duty threshold). House of Hennie will account to the relevant authorities for all duty payable. You can opt out of paying duty up front by ticking the ‘Pay duty/tax to carrier on delivery’ box on the shopping bag, excluding orders shipping to China, Japan, South Korea and Switzerland. If you opt out of paying duty up front it will be your responsibility to pay any applicable charges on delivery. Please note, duty is applied as a flat rate percentage of the total item value for all products. and we will be happy to investigate the position and refund as appropriate any difference. To help clients approximate prices in their local currency, the website has a currency converter feature. Please note this is for display purposes only and prices are calculated using regularly updated exchange rates. Final payment will be made in either NOK, DKK, SEK, GBP £, EUR €, or USD $, AUD $.As such, final credit card and debited amounts may vary based on currency fluctuations and bank commissions. House of Hennie encourages clients to contact their home bank to receive the accurate price conversion and any bank commissions related to the transactions.If you are shipping to the US, Customs Duty has been pre-paid for you by House of Hennie with no additional charges on delivery. Local sales tax will be charged on all orders at checkout in selected states where applicable. It is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by House of Hennie and pay use tax on those purchases unless exempt under local State law.If you are shipping an order to Australia, Canada, Japan, Switzerland or the US on a Delivery Duty Paid (DDP) basis, and you choose to return an item, we will refund your duty and/or tax. By ordering goods from House of Hennie, you hereby assign the right to reclaim any Customs Duty (Duty Drawback) directly from the Department of Immigration and Border Protection to House of Hennie, and agree not to claim Duty Drawback yourself.Delivery to countries other than Australia, Bahrain, Canada, China, Japan, Kuwait, Saudi Arabia, South Korea, Singapore, Switzerland, United Arab Emirates, mainland United States and Qatar that are outside the EU may be subject to local import taxes, which are your responsibility (where applicable). If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.While we try and ensure that all details, descriptions and prices that appear on the website are accurate, there may be cases where errors occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order for that product at the incorrect price. If an error in the price of any products that you have ordered is discovered, Customer Care will inform you of this as soon as possible.We deliver to over 170 countries, if we do not deliver to your country you will be prevented from selecting that country at the point of ordering.We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are dependent on your shipping destination. Please refer to our delivery section to view timing and costs. Estimated delivery times are to be used as a guide only. House of Hennie cannot take responsibility for delays owing to customs clearance or payment issues. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at firstname.lastname@example.org and we will track your shipment for you.Please order from House of Hennie with enough lead-time to prevent any loss or disappointment resulting from the delivery time as House of Hennie cannot be responsible for this.If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.All new orders are deemed separate and each is treated individually.As House of Hennie online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an email and a copy of the invoice will be sent to the cardholder’s registered email address and home address, and we will require a signature upon delivery for all goods shipped.Please visit our Delivery Section for full details regarding deliveries.3b. Returns and CancellationCustomer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund. Please read our return policy carefully to ensure you can proceed with your request as quickly as possible.All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the House of Hennie box is properly protected with the plastic bag provided.You have 28 days from receipt of order to request your returns number, which will be displayed online and emailed to you. Unsuitable items must then be returned within 14 days of receiving your returns number. Returns outside this window may be accepted at our discretion. The item(s) should be returned unworn and in perfect condition, with all House of Hennie and designer garment tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer.To ensure your return is covered by our returns policy and does not encounter a delay, items must be returned using the original packaging provided and from the same country to which they were delivered. Items returned from a different country may incur additional charges or be delayed by customs. You can return using any secure means but we may not accept liability.Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included in your return.If your item is faulty (i.e. received damaged or with a manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our Customer Care team.Frequent Returns At House of Hennie we pride ourselves on selling luxury products that have been meticulously inspected before we send them to you, as well as working hard to ensure that our sizing information is accurate.As a result, if we notice that you have a high returns rate on your account, then we may take the decision to deactivate your account until we can understand a little more about what's not quite working for you. We will contact you via email if we deem this an appropriate course of action - our Customer Care Team will help to resolve the issue with you.Returning Goods from Non-EU CountriesIf you are living outside the EU, you will also have received a Proforma Invoice with your package. This needs to be completed and enclosed with the items you wish to return. On this form you will need to indicate which item(s) are being returned by ticking the boxes alongside the product details. You will need to complete the Returns Number section with the number you have been issued and sign appropriately. All successfully returned items will be only credited to the account used originally to purchase the items, less any taxes, import duties or original shipping charges incurred and will be refunded in the currency in which you paid at the price you paid at the exchange rate prevailing on the day when you bought the item. For more information about our returns process, please see our Returns Policy or contact our Customer Care team by email on email@example.com .Please note, for returns from orders placed on a DDP basis, duty and/or tax is only refunded if the order was shipped to Australia, Canada, Japan and the US.Our returns policy does not affect your statutory rights in any way. Statutory Cancellation RightsYou have the right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are in the EU. You may cancel your order within 14 days after the day on which you receive your Items. If, for any reason, you wish to cancel your order before your Items have been despatched, you need to let us know. In order to do so, you will need to confirm in writing to firstname.lastname@example.org. You may use the model cancellation form (appended at the end of this section), but it is not obligatory. If you cancel your order, we will reimburse all payments received from you, including the cost of delivery within 14 days (except for any supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).If you wish to cancel after the Items have been despatched, then you need to let us know within 14 days after the day on which you receive your Items. You can notify us by email as identified above. Once we have received notification from you of your wish to cancel your order, you will then have a further 14 days to return your Items to us. You will have to bear the direct cost of returning the Items.We may make a deduction from the reimbursement for loss in value of the Items, if the loss is the result of unnecessary handling by you.Model Cancellation Form (Complete and return this form only if you wish to cancel your order.)To House of Hennie, Inga Falsen Gjerdrumsvei 45, 1396 Billingstad, NO, email email@example.com. [*] Delete as appropriateI/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],Ordered on [*]/received on [*]:Name of consumer(s):Address of consumer(s):Signature of consumer(s) (only if this form is sent by post):Date:3c. Discount CodesYou may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Some discount codes may be redeemed both in store and online, or when specified, for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The ‘discount’ will not be refunded.Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.Only one discount voucher can be used per order.
4. Credit CardsHouse of Hennie allows orders to be processed online, using a valid credit or debit card.Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
5. Passing of property and riskWe will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
6. RefundsHouse of Hennie wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full refund as set out above.
7. Copyright and Trade MarksAll content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the ‘Content’) is the property of House OF Hennie and By Hennie, and is protected by NO and international copyright laws.The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of House of Hennie, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by NO and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.Except as set forth in the limited licence in the section entitled ‘Limited Licence’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.For the avoidance of doubt, House of Hennie does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured in DvF in House of hennie belong to their respective owners.
9. Limited LicenceWe grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.The limited licence set forth in this section does not include the right to:a) modify or download the Website or its contents (except caching or as necessary to view content)b) make any use of the Website or its Content other than personal usec) create any derivative work based upon either the Website or its Contentd) collect account information for the benefit of another partye) use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consentf) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:a) link to, but not replicate, our Contentb) not imply that we are endorsing such website or its services or productsc) not misrepresent its relationship with usd) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all agese) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinionsf) not use any Trade Mark without our prior written consent andg) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
10. Third Party LinksWe are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
12. Our Liability To YouYou have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms. We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.In no event shall our maximum aggregate liability exceed the greater of one hundred pounds (£100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights. We do not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence,(ii) fraud or fraudulent misrepresentation, (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples), (v) defective products under the Consumer Protection Act 1987, or (vi) any other liability which cannot be excluded by law. 12. DisputesTo the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from House of Hennie shall be submitted to confidential arbitration in Norway, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Norway, and all applicable provisions of this section shall apply.
14. Governing LawYour use of this Website and any purchase by you of any Item from House of Hennie shall be governed by Norwegian law and you hereto submit to the exclusive jurisdiction of the Notewegian courts.
15. Gift CardsHouse of Hennie Gift Cards are sold subject to the following terms and conditions:a) Gift Cards are valid for 12 months from the date of purchase.b) Gift Cards can be redeemed against all products on House of Hennie.c) Gift Cards cannot be returned or refunded and are non-transferable.d) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.e) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.f) If you return products you have purchased using a Gift Card, the remaining balance will be added to your account as credit and can be redeemed against subsequent orders.g) House of Hennie is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.h) House of Hennie reserves the right to cancel a Gift Card if we deem such action necessary.i) Gift Cards are exempt from duty and tax.j) No delivery charges apply on Gift Card(s)-only orders.k) If a customer purchases a Gift Card or Gift Cards alongside other products, standard delivery charges will apply (except during free delivery promotional periods).l) Gift Cards cannot be used in conjunction with any other offer, with the exception of free delivery promotions.
17. Tax StrategyThe overriding principal which drives our tax strategy is to pay the correct amount of tax in the correct jurisdiction at the correct time. This is reinforced by the following tax objectives:(i) Comply with relevant laws and regulations in relation to all taxes. This applies not only to the letter of the law but also the intent of the law.(ii) Maintain a transparent and collaborative relationship with HMRC and overseas tax authorities. This includes proactively approaching HMRC to discuss potential issues and gain certainty on tax positions.(iii) Report and pay all tax liabilities in an accurate and timely manner.(iv) Take a balanced approach to tax planning, ensuring that transactions are not undertaken solely to create a tax advantage. House of Hennie does not pursue aggressive tax planning and the business is structured in an efficient manner based around the commercial needs of the business.(v)Transactions between group companies are conducted on an arm's-length basis.
18. Tax Risk ManagementTax risk within the Group is managed on a day-to day basis by the Group Taxation Manager. The board of directors is ultimately responsible for the implementation and control of the tax strategy. We have a dedicated tax team with appropriate skills and experience who are involved in all tax decisions. Our tax team partners with business units to identify and manage any areas of risk and ensure that correct procedures are followed by all functions within the business. Where warranted by the complexity of the risk, external professional tax advice is sought to ensure we are in compliance with tax laws and reporting requirements. There is a low tolerance for tax risk and we are fully committed to be in compliance with our tax obligations.
19. Russian Shipping Terms And Conditions DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.1. Terms used herein:Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery.Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.2. T&C Subject Matter2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.3. DHL Express Network Terms and Conditions of Carriage.3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below:Deliveries and UndeliverablesShipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper. InspectionDHL has the right to open and inspect Shipments without notice.DHL’s LiabilityDHL’s liability is expressly limited to direct loss and damage only and cannot exceed per kilo/lb limits pursuant to Section 6. Any other types of loss or damage whatsoever are excluded (including but not limited to lost profits, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’s liability in respect of any one Shipment transported, without prejudice to Sections 7 through 11, is limited to its actual cash value and shall not exceed:· an amount calculated based on $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or· an amount calculated based on $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road.Claims are limited to one claim per Shipment; settlement of such claim will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient they must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make their own insurance arrangements, failing which Shipper assumes all risks of loss or damage.Time Limits for ClaimsAll claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever in respect of those claims.Delayed Shipments and Money-Back GuaranteeDHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays.Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.Circumstances Beyond DHL’s ControlDHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.International ConventionsIf Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage.RoutingShipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.Governing LawAny dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.3.2 Full text of the DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.4. Customs Operations Terms & Conditions4.1. Customs Broker:4.1.1 may performs customs declaration of Express Shipments;4.1.2. may pay customs and other fees, including interest and penalty, in respect of the goods declared by the Customs Broker in the name and on behalf of the Consignee in accordance with the procedure established in the applicable laws;4.1.3. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;4.1.4. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request.All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.4.3. The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost4.4. The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.5. Liability of the Parties5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.6. Service Fees and Payment for Customs Operations:6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.6.2. The Consignee must pay for the Customs Broker’s services.6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.7. General Provisions7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.