1. The subject of user agreement
1.1. “DYNAMEX LLC” Company (hereinafter -Executor) carries out the services (hereinafter - Services) for the delivery of good (hereinafter – good or package) for legal or natural entity of legal age (hereinafter - Customer) registered on www.Dynamex.az webpage according to the conditions of the present User Agreement (hereinafter – Agreement) from the warehouses of Executor located in different countries.
1.2. The registration of customer on www.Dynamex .az webpage is free and voluntary. Registration is done on www.Dynamex.az webpage. The conditions of provision of services are open. The registration of customer on the webpage means the acceptance of the present Agreement and its all additions.
1.3. If customer does not agree with at least one provision of the Agreement, it does not have the right to use the services of Executor.
1.4. Executor reserves the right to make changed to the present Agreement, relating to this Customer undertakes the obligation of following regularly the changes of the Agreement to be placed on www.Dynamex .az webpage. 1.5. Executor gets payment indicated in article 7 named “Delivery of goods and payment of the services” from Customer for the delivery Services.
2. Description of the services
2.1. Executor provides the services for the submission of the warehouse address of the company located in different countries to Customer for getting goods paid independently by Customer for sending to the warehouse of Executor and packaging/ opening package to Customer. For the purposes of the present Agreement: Goods- are what Customer receives. Goods packaged for sending to Azerbaijan – package.
2.2. Executor undertakes to accept the goods paid independently by Customer on internet-store to its warehouse, provided that, the address received from the Executor and the information on consignee are correct.
2.3. The services are considered fully provided by Executor from the moment of receiving of Customer the Package at the warehouse of Executor or at the courier service department in Azerbaijan.
2.4. Executor has the right to engage the third persons as post and courier service without the consent of Customer for the provision of the services.
3. Formalization of order.
3.1. Customer completes the order by independently evaluating the quality, parameters and specifications of the good in advance.
3.2. Customer undertakes to pay the price of given goods to the seller of goods.
3.3. Customer shall indicate the delivery address (the warehouse address of DYNAMEX LLC in the relevant country) and personal information complete and correct during purchasing on internet. In case of incorrect filling of the personal information and delivery address during purchasing on internet by Customer and subsequently problem in the delivery of freights or it cause to make the delivery impossible, DYNAMEX LLC does not bear any responsibility.
3.4. Executor does not bear responsibility for quality and assortment of the good accepted to its warehouse, as well as does not provide guarantee for the goods received by internet-store by Customer.
3.5. Executor undertakes the obligation that it will accept the products delivered by post service to its warehouse (except the products whose maintenance in the warehouse is forbidden), will weight and package, then will transport to the warehouse of Executor in Azerbaijan. The goods will be considered accepted by the warehouse only after the signing of the consignee. The status “delivered to warehouse” of the package cannot be reviewed as correct without the signature of the person handing over.
3.6. Executor is obliged to inform Customer within 3 working days after getting the goods of the notification through sending the relevant notification on acceptance of goods to the warehouse of Executor to the electron address indicated during the registration of Customer on www.Dynamex .az webpage, as well as to reflect it in the personal page of Customer. The maintenance period of declared package in the warehouse of Executor consists of 30 calendar days.
3.7. Customer bears the responsibility according to the delivery conditions of post service of the received goods and the applicable laws of Azerbaijan and the relevant country where the goods are ordered, as well as Customs Code of Azerbaijan including calibers of goods necessary for sending the goods to Customer and weight of post box, but not limited to calibers, weight and components of package.
3.8. Executor has the right to refuse to provide the service to Customer on that case that the goods do not comply with the delivery conditions of post service of the received goods and the applicable laws of Azerbaijan and the relevant country where the goods are ordered, as well as Customs Code of Azerbaijan including calibers of goods necessary for sending the goods to Customer and weight of post box, but not limited to calibers, weight and components of package.
3.9. The transportation of goods is carried out by air-transportation. Average period of transportation consists of 4-5 working day from the sending moment from the warehouse. 3.10. The information of the price of transportation is reflected on the personal page of Customer by arriving of the goods to the territory of Azerbaijan.
3.11. After delivery of the goods to the warehouse of Executor in Azerbaijan, Executor notifies Customer on the possibility of receiving the goods by sending the relevant notification to the electron address mentioned during the registration of Customer on www.Dynamex.az webpage. The maintenance period of the goods of Customer consists of 7 calendar days. The beginning of the maintenance is considered the day when the goods entered into the warehouse of Executor in Azerbaijan. In case of not receiving the said goods by Customer, after 45 days from the entrance of the goods to the warehouse in Azerbaijan, Executor has the right to utilize the goods without sending additional notification.
3.12. It is allowed to give the package to the third persons only in the case that he/she can submit one the below listed documents; previously added the information on persons he trusts from the relevant division on www.Dynamex.az webpage, original of identification card (passport, Driving license or other document according to the applicable legislation of Azerbaijan) of person getting the registered package, power of attorney of Customer given to the name of the third person in notarized manner (with the document identifying the identity of the third person).
3.13. Receiving the package in the necessary condition of Customer, as well as the fact of not having any remark on Executor is certified by the signature in the receipt of Package or in electron plate.
4. The duties of Customer
4.1. Customer undertakes the obligation of being aware of the text of present Agreement independently and supervising the availability of the changes in it and its addendums.
4.2. Customer undertakes the obligation of provision of all information necessary of the implementation of the services required by Executor in time. In case of lack of the necessary documents, Executor reserves the right not to provide the services to Customer.
4.3. Customer undertakes the obligation of meeting the costs and paying the accounts related to the services provided by Executor for it. In case of non-sufficiency of funds submitted to it for the provision of the services, it does not provide the Services to Customer.
4.4. Customer undertakes the obligation of following the entrance of the product to the warehouses of Executor located in different countries in its personal account on www.Dynamex .az independently by declaring it previously in its personal page.
4.5. Customer certifies and guarantees that Customer will not engage Executor as defendant or codefendant for the issues occurred due to any obligations and expenses related to the damage suffered as a result of the actions of the third persons including, but not limited to? Seller of the goods and post services.
4.6. To sign in the receipt of the package or to sign in the electron plate at the moment of receiving the package.
4.7. To submit the documents certifying the identity of Customer, as well as document certifying the receiving of this or other goods through internet-store on the basis of inquiry.
4.8. Customer undertakes the obligation of indicating precisely the name, surname, series number, PIN number of identity card, residential address, telephone number, email address and other required information during the registration on www.Dynamex.az webpage.
5. The duties of Executor
5.1. Executor undertakes the obligation of providing the Services relevant to the description of Services on www.Dynamex.az webpage, as well as the description indicated in article 1.1 of the present Agreement to Customer, provided that, the inquiry of Customer is not contradict with the rules, requirements and restrictions intended in the applicable legislation of Azerbaijan and the relevant countries where the warehouses belonging to DYNAMEX LLC are located and the present agreement.
5.2. To protect the confidentiality of the information on Customer. It can submit the information on Customer to the third persons only in the cases intended in the legislation of Azerbaijan.
5.3. To give opportunity to Customer to get information on the place and status of the order.
6. Customs clearance
6.1. The statement of product ordered by Customer on www.Dynamex.az webpage is (name of sender, name of goods and submission its invoice) definite. Customer is responsible for correct filling of custom statement and giving full and complete information on the freight during the customs clearance.
6.2. Customer bears the responsibility for the customs clearance procedure of the goods delivered to the territory of Azerbaijan.
6.3. The payment of Service fee until the customs clearance of the goods is definite.
6.4. Authoritative bodies do not bear any responsibility for no implementation or partial implementation of the requirements intended in article 6.1 f the present Agreement by Customer (for example, incomplete or non-precise statement of the package, availability of the goods whose transportation is forbidden).
6.5. In case of bringing the goods forbidden in the territory of Azerbaijan by Customer, such goods can be confiscated by Azerbaijan State Customs body, the customer can be involved to administrative criminal responsibility.
7. Transportation fee, transportation conditions and payment
7.1. The delivery fee of the freights of Customer from the warehouses of Executor in different countries to Azerbaijan Republic and regions (in case of availability of delivering to the relevant region) is placed in www.Dynamex .az webpage.
7.2. The delivery fee of freight can be paid online through personal cabinet of Customer or at office in cash.
7.3. Upon the TACT Rules (Freight Air Transportation Rules) published by IATA (International Air Transportation Association), the basis for the calculation of transportation fee is taken as volume sizes or actual weight of the freight not depending on which is more.
7.4. Customer shall be acquainted with the list of things whose transportation are forbidden mentioned in the internet page of Executor (“Transportation is forbidden” on www.Dynamex .az webpage).
7.5. If the orders of Executor are sent to the warehouse in separate packages by seller (or sellers) in the same or different times (with different tracks/following/numbers), the packages area accepted to transportation separately and processed with original track/following/numbers.
7.6. By accepting the present conditions, Customer certifies that he/she is acquainted with and fully understands the following calculation means published on www.Dynamex.az (mathematical measurement, conversion of parameters, measuring the volume, etc.): · Calculation calculator of price and delivery · Weight and volume formula · Measuring convertor · Measurement schedule · Caliber weight calculations
7.7. The request of Customer being acquainted with and accepting the conditions intended in 7.5 of the present conditions and the present conditions during the registration against Executor related to the transportation fee, conditions, payment, etc – in other words delivery of the goods is considered unreasonable if Executor fully complies with the present conditions. For example, the request of Customer not being acquainted with the calculation procedure of transportation fee for volume or actual weight is unreasonable and not accepted.
7.8. Executor reserves the right to make changes to the transportation fee, conditions and payment procedure at any time. These changes are published on the official webpage of Executor to be acquainted with immediately after the adoption.
7.9. Customer understands and accepts that the processing of freight entering the warehouse of Executor located in different country for transportation for the purpose of sending to the Republic of Azerbaijan (repackaging, assembling in plate, sending to airport) is different from conditions/ procedures/ transportation agreement accepted in the Republic of Azerbaijan in common manner. For this purpose Customer is given brief information on sending of freight for transportation: The freights are entered into the warehouse of Executor located in different countries and processed for the transportation there during the week (repackaging, assembling in plate, sending to airport) and sent to the transportation on the determined days. Taking into accounts that the warehouses of Executor are located in different countries, time differences, taking into account the delays and stopping in the electron communication means, that the works of companies and third persons charged to the transportation process are not controlled by Executor from the territory of Azerbaijan Republic, taking into account lately giving information by Customer and other objective cases, the execution of the request of refusal from the transportation of freight by Customer can be impossible in some cases. For example: when Customer gives refusal request from the transportation of the freight, its freight has already been assembling the plate and sent to the airport for transportation. In such case Customer shall understand that due to the reason of the refusal from the transportation of the fright, it is impossible to separate its freight by disassembling the plates by cancelling all sending and return it in respect of costs and procedure. But, notwithstanding, upon refusal requirement of Customer, Executor will take all possible, reasonable and necessary measure for the cancellation of the transportation of the freight.
7.10. Customer understands and accepts while accepting the present conditions that in case of non-execution of its refusal request from the transportation of the freight due to the objective reasons by Executor, any claim or request of Customer for Executor is reasonable and not accepted.
7.11. The payment of services is carried out by Customer with Azerbaijan Republic manat (AZN) upon the currency in which the service was provided by Executor (transportation from European countries EURO, other countries - USD) with the exchange rate for the payment day of bank (Kapital Bank OJSC) in which the company has the account in the Republic of Azerbaijan.
8. Conditions on the maintenance and handing over of the freight
8.1. If the freights entered into the warehouses of Executor located in Baku or regions (if applicable) are handed over during 7(seven) days by Customer, the said freights are not applied warehouse maintenance fee.
8.2. If the period specified in Article 8.1 of these Terms is missed by the Client, at the time of delivery of the cargo (regardless of weight and number of places) a storage fee of 0.50 AZN is charged for each additional day.
8.3. The deadline of giving oral or written (through email) notification by Executor on handing over the package entered into Baku office in the name of Customer is determined 6 (six) months (from the entrance day of freight into warehouse). The company has the right to destroy the product after 6 (six) months.
8.4. The deadline of giving oral or written (through email) notification by Executor on filling the statement of the package entered into foreign warehouse (except US warehouse) in the name of Customer is determined 3 (three) months (from the entrance day of freight into warehouse). The company has the right to destroy the product after 3 (three) months.
8.4.1. The deadline of free maintenance of the package entered into US warehouse in the name of Customer is determined 14 (fourteen) days. In case of excess of the intended period by Customer, maintenance fee in the amount of 1 USD per 1 (one) package is determined for each additional day of maintaining in the warehouse.
8.5. The deadline of giving oral or written (through email) notification by Executor on filling the statement of the package entered into the warehouse located in the relevant country in the name of Customer is determined 30 (thirty) days (from the entrance day of freight into warehouse). The company has the right to destroy the product after 30 (thirty) days.
8.6. Refusal from the receiving the freight by Customer for any reason is accepted only after the response entered through personal cabinet (email) created on the official webpage of the company.
8.7. In case of excess the period intended in article 8.3 of the present conditions and non-acceptance of freight entered in the name of Customer or non-giving any official instruction (through email personal cabinet) on the future of the said freight or official refusal from the freight by Customer (through email personal cabinet), the decision on destruction or sale of the said freight is settled on the basis of the discretion of Executor.
8.8. The handing over the freight entered in the name of Customer is carried out on the basis of document making possible its identification. In case of not receiving of Customer the freight officially in its name, the freight can be handed over to the person indicated in the power of attorney given for hanging over it.
8.9. Customer should control that the package is complete and free from damage while handing over the package and shall pay and hand over it only after being sure. Otherwise, the claim on damaging the package during the transportation is not accepted.
8.10. Customer understands and accepts that Executor has the right to repackage the package of freight of Customer entered into the warehouse located in the relevant country provided not damaging it for the purpose of transportation upon the international transportation rules- for example small sized freight in the large caliber package is placed in the small package appropriate to it.
9. The right to review
9.1. Customer understands and accepts that Executor or any authoritative state body (customs, etc.) has the right to open the freight and review it at any time. 10.Responsibility for the protection of freight
10.1. The responsibility of Executor for the protection of freight purchased on internet by Customer and given to Executor for transportation begins from the entrance moment of the said freight into the warehouse of Executor in the relevant country and lasts until handing over moment of the said freight to Customer.
10.2. Executor does not bear any responsibility for the freight damaged or different from the ordered one on the internet by Customer, entered into its warehouse in the relevant country (through courier or post of the said country).
11.Insurance, damaging of fright, giving claim
11.1. The freight entered for the transportation is not insured.
11.2. If the freight submitted by Customer to Executor for transportation is damaged or destroyed because of the fault of the latter intentionally while being in the framework of the responsibility of Executor, Customer can pay the actual damage and full invoice value of freight upon the fact of damage or destruction. If the package is accepted in one of the warehouses of Executor located in the relevant country, but does not come with the intended flight (package is lost or there is no information on it), 30 (thirty) days is allocated for the search of the said package by Executor. In case of not finding the package during this period, Customer is compensated. Compensation is paid only when Customer submits all information proving that the freight belongs to it, and it purchased it in certain amount on internet. It includes: · Order, invoice submitted by internet store (the photo of the freight/thing, quantity, price, track number of package, etc. information are reflected here), extract from bank account (notification certifying the payment) If Executor insists in that the package is not accepted into its warehouse located in the relevant country, Customer insists in that the package with this track number is delivered into just this address upon the webpage of courier company, in such case Customer shall submit the document certifying the handover of the said package to Executor by courier company. Only on the basis of the submitted package, after certification of the freight handed over by Executor (on the basis of the signature of receiver), Customer is compensated. For that customer shall submit the mentioned documents: · Order, invoice submitted by the store (the photo of the freight/thing, quantity, price, track number of package, etc. information are reflected here) · Extract from bank account (notification certifying the payment) · Signed document certifying that package is accepted to the warehouse of Executor
11.3. Customer shall control the freight while handing over in the warehouse of Executor without leaving the said area and in case of any damage or deficiency, shall immediately notify Executor of it in place. The claim on deficiency or damage after leaving office warehouse is not accepted.
12.1. If the parties cannot execute fully, necessarily, in time the obligations undertaken for the present conditions due to force-majeure reasons, they are exempted from the duty of execution of the said obligation and the responsibility related to this in certain proportion. In this article force-majeure means natural disasters, epidemic, explosion, fires, earthquake, storm, tsunami, thunderstorm, war, civil war, military intervention of foreign states, revolutions, civil disturbances, analogical reasons, legal orders of government and other authoritative bodies, as well as the unforeseen reasons beyond the territory of the country and impossible to solve it by government (or parties). 12.2. The legal certification of abovementioned reasons and period are determined on the basis of the references given by the competent bodies.
12.3. In case of force-majeure events, the duration of the execution of rights and duties mentioned in the conditions of the agreement is prolonged for the period of the mentioned events.
12.4. The parties shall inform each other of the beginning and ending of force majeure event delaying the implementation of the present conditions as soon as possible through email, telegraph, telex or telefax.
12.5. The parties shall try to prevent any material and moral damage in case of force majeure event
13.1. The present conditions are governed on the basis of the legislation of the Republic of Azerbaijan. 13.2. Any disagreement or dispute occurred between the parties are settled on the basis of mutual agreement and consent.
13.3. In case of not reaching mutual agreement or consent, the parties can apply to the relevant court of the Republic of Azerbaijan.