Rules and Terms of Georgian Post LTD Services Using the Maleo Products

(Standard terms of the agreement)

Georgian Post LTD (ID No: 203836233; address: 2, Station Square, Tbilisi, Georgia, 0100; electronic platform: https://www.maleo.ge/, Tel: 0322-24-09-09) (hereinafter „the forwarder“) on one side, 
 
and 
 
a physical or a legal body (hereinafter „the client“), using the services provided by Georgian Post LTD and confirming present rules and terms, 
 
Have concluded the present agreement as follows: 
 
1. Subject of the Agreement
1.1. The subject of the contract is the provision of services (hereinafter referred to as the service) according to the assignment of the client that is related to the transportation to Greece or Georgia of a package sent by the seller organization (online store (website) from which the client purchases the relevant products) and received in the international exchange center of the forwarder, which is provided by the forwarder on its own behalf and at the expense of the client.
1.2. The client shall use the forwarder's services on the basis of registration on the web-page www.maleo.ge, acceptance / confirmation of the present rules and terms and conditions of the service provision (standard terms of the agreement) and assignment of the room number which is provided in the general commercial invoice attached to the package, in the customs documentation and the forwarder's database.
Note: in order of registration on the website - www.maleo.ge, an individual fills in all the necessary data (name, surname, personal number, address, e-mail, mobile phone number), and a legal entity switches to the appropriate field - „for companies“ and fills in all the necessary data (company name, identification number, address, e-mail, mobile phone number). After entering the data, the client is assigned the address(es) and room number. In addition, if the client is registered at the address of Georgia, he/she is assigned the addresses of the United States, as well as Greece and Turkey, and if when registered, the client selects the location „Greece, Athens“ from the list in the address field, he/she is assigned only the address of Greece.
 
2. Cost of the Services and the Rule of Settlement
2.1. The price for the service of the package transportation is indicated on the website www.maleo.ge and is calculated from the actual weight of the package at the commercial exchange rate set by JSC Bank of Georgia on the day the package is delivered to Georgia and registered at the exchange center of the forwarder, except for the case provided for in paragraph 2.4. of the present contract.
2.2. The cost for the service of the package transportation can be paid using the methods indicated on the web-page www.maleo.ge (through the function of filling the balance in the client's account). The client's account can be filled via bank transfer of money or using the cash machines.)..
Warning: the sum placed on the client's account shall not be subject to withdrawal or/and transfer to another account.
2.3. The client pays for the service before the delivery of the package to him/her.
2.4. Payment for the services of transportation of packages addressed to Greece is made by the client before the delivery of the package to the exchange center of Greece, at the price per unit of the package.
 
3. Package Parameters and General Terms and Conditions of Provision of the Service
3.1. If package is addressed to Georgia, the maximum volume of the package (height, width, length) is 1.5 m, the maximum weight - 50 kg. In case if the package dimensions/weight exceed these parameters, the client shall notify the forwarder on this in advance, in which case the forwarder retains the right to refuse provision of the relevant service. Weight/size limitations do not apply to the packages addressed to Greece.
3.2. The service envisages conduction of the actions related to transportation of the packages received at the international exchange centers of the forwarder to the service centers located in Georgia or to the exchange centers of Greece.
3.3. Delivery of the packages addressed to Georgia to the service centers located in Georgia is carried out within 7-12 business days after receiving the package at the international exchange centers of the forwarder. In addition, when calculating the delivery time, the period of suspension of the package by the customs authority will not be taken into account.
3.4. Delivery of the packages addressed to Greece is carried out within 2 (two) working days after the delivery of the package to the exchange center of Greece.
3.5. After the package, which is addressed to Georgia, is brought to the relevant service center the information on the package receipt is sent to the client in the form of an SMS or/and via e-mail. In order to ensure that the package is delivered to the client, the forwarder's courier does not pay a visit to the client's address with the exclusion of the cases when the client uses the additional services provided in paragraph 5 of the present agreement.
3.6. The client is obliged to pick up the package addressed to Georgia within 30 (thirty) calendar days after the arrival of the package on the territory of Georgia and its delivery to the exchange center of the forwarder. In order to receive the package, the client must present an identity document to the relevant service center, and name the client's room number.
3.7. In case of breach of the delivery term specified in paragraph 3.6 of this contract, the package will be transferred to the state in accordance with applicable law.
 
4. Conditions of services for redirecting the package and obtaining information (certificate)
4.1. The client has the right to additionally use the package redirecting service by calling the forwarder's call center or by e-mail, free of charge before sending the package from the international exchange center of the forwarder, and after sending the package from the international exchange center - by paying for the service.
Note: Changing the first name, second name/name of the client on the package is not allowed. In addition, the client has the opportunity to contact the forwarder's call center or service center in order to correct an error in the first name and second name / name made when registering on the website.
4.2. The client has the right to additionally use the service of obtaining information (certificate) about the sent/received package by paying the appropriate price.
 
5. Terms and Conditions of the Home Delivery (Courier) Services
5.1. The client is entitled to additionally get the benefit of the home delivery (courier) services through activating the relevant service on the www.maleo.ge web-page ensuring prepayment of the cost of the service, if there is any and only to the address indicated before the package had been sent from the forwarder's international exchange center (Changing the address is possible only before sending the package from the international exchange center - free of charge, and after sending the package from the international exchange center - by paying the appropriate price).
5.2. The home delivery (courier) service is free of charge throughout Tbilisi, outside the city the cost of the service is 3 (three) GEL. The cost of the service is paid as governed by paragraph 2.2. of the present agreement.
5.3. The forwarder has the right to refuse to provide the delivery service (courier service) to the client for a package with a weight of 10 (ten) or more kg.
5.4. In case if the client uses the home delivery (courier) service the forwarder's courier ensures the package delivery:
5.4.1. To the cities of Georgia having the forwarder's service centers;
5.4.1.1. No later than the date of the order receipt, if the order has been received before 12:00 on a working day;
5.4.1.2. No later than 12:00 hrs of the next working day, if the order has been received after 12:00 on the previous working day.
5.4.2. To other territorial units of Georgia not having the forwarder's service centers, no later than by the end of the next working day upon the receipt of the order.
5.5. In the event if a package cannot be delivered to the client for the reasons not depending on the forwarder (e.g. the client is not in place or for any other reasons), the forwarder's courier shall leave a notice sheet at the client's address. In such an event the client can get the package by collecting the same from the forwarder's service center. In addition, the client has the opportunity to re-use the delivery service (courier service) by paying the price for the service, including by calling the forwarder's call center or by e-mail.
 
6. Terms and Conditions of Packages Insuring Services
6.1. The client is entitled to get the benefit from the additional service of getting declared packages insured (with the exclusion of insurance of the prohibited items or/and breakable items) through activation of the relevant service on the www.maleo.ge web-page only before the package is sent from the forwarder's international exchange center and ensuring prepayment of the cost of insurance.
Note: the insurance service can only be used for packages addressed to Georgia.
6.2. The cost of packages' insuring is 5% of the cost of the package indicated in the declaration. The cost of the insurance is paid as per paragraph 2.2. of the present agreement.
6.3. The package can be insured at no more than its real value. Moreover, the maximum limit of insurance makes up 10 000 GEL.
 
7. Declaring / Getting a Package Customs Cleared
7.1. Declaring of a package (indication of the product sender (the web-page through which the client has purchased the product), the commodity name and the price) on the www.maleo.ge web-page is mandatory. Full responsibility for the correctness of the information provided during the package declaration shall lie with the client.
7.2. The client is obliged to get the package declared in the period from its entering the forwarder's international exchange center to its bringing into the forwarder's terminal.
7.3. When declaring a package the client is requested to upload onto the www.maleo.ge web-page or / and when collecting the package, present to the forwarder the certificate verifying the purchase (invoice) received from the selling organization.
7.4. In the event if the client fails to get a package declared within the time term set for the same in paragraph 7.2. herein above, the process of declaration on the www.maleo.ge web-page will be terminated and will be renewed when the package crosses the Georgian customs border after which it will be possible to get the package declared for a term of 8 (eight) calendar days. In case if the package is not declared within 30 (thirty) calendar days upon its entering the Georgian customs border the package shall be handed to the government as governed by the legislation in effect.
7.5. For the packages that are subject to mandatory customs declaration the client can request that the declaration be made online using the www.maleo.ge web-page.
7.6. The cost of online declaration service is 10 GEL per declaration and it is paid as per paragraph 2.2. of the present agreement. At the same time, the packages that are united under one flight or online-shop shall be declared together and the client shall pay one tariff.
7.7. The client can take the declared package from a service center. The client can also use the home-delivery service for the package during which the latter will be delivered to the address and in which case the client will receive both the customs declaration (Form No 4) and the package at the place.
7.8. In the event if a customs body applies a penalty sanction to the forwarder for non-performance of the terms and conditions of the service provision by the client in a partial or complete manner (e.g. an incomplete or incorrect declaration of the product), the forwarder retains the right to apply payment of the mentioned penalty to the client.
 
8. Rights and Obligations of the Parties
8.1. The client is entitled to:
8.1.1. Request the forwarder provision of the relevant services envisaged by the present agreement;
8.1.2. Request the forwarder indemnification of the damage incurred due to a deliberate or gross negligence exercised by the forwarder as governed by the present agreement.
8.2. The client is obliged to:
8.2.1. Ensure provision of the necessary instructions to the forwarder required for filing the relevant shipment documents as well as the information required for performance of the customs formalities and other actions and if necessary, the information necessary for payment of the import tax and the documents verifying authenticity and truthfulness of these information;
8.2.2. Not order the forwarder provision of the services of shipping items with prohibited content;
8.2.3. In case if a package contains any hazard, warn the forwarder on this indicating the exact type of the hazard and, if necessary, the relevant safety / precaution measures;
8.2.4. Considering the specifics of the package and for the purpose of observing the requirements of safe shipment ensure that the package is duly packed;
8.2.5. Ensure payment of the cost of the services to the forwarder in a complete and timely manner;
8.2.6. Ensure full indemnification of the forwarder for the damage incurred by the latter as a result of the client's breaching its duties and obligations governed by the present agreement.
8.3. The forwarder is entitled to:
8.3.1. Request the client performance of the duties and obligations undertaken under the present agreement;
8.3.2. Refuse the service delivery if the dimensions / weight of a package exceeds the parameters governed by the present agreement;
8.3.3. Refuse delivery of an additional service if there are any preconditions governed by the present agreement present;
8.3.4. Offload, destroy or make safe the package the fact of whose containing a hazard had not been duly notified to the forwarder. Moreover, in such a case the forwarder shall be relieved of the liability for the damage indemnification.
8.4. The forwarder is obliged to:
8.4.1. Ensure delivery to the client of the relevant services governed by the present agreement;
8.4.2. Ensure indemnification of the client for the damage incurred by the latter due to a deliberate or gross negligence exercised by the forwarder as governed by the present agreement.
 
9. The Forwarder's Responsibility and Exclusion Thereof
9.1. The amount of the forwarder's responsibility before the client shall be determined with the scope of the direct material damage caused as a result of the forwarder's guilty action (whether deliberate or through negligence) but it should not exceed the maximum limit defined by the present agreement. Moreover, material damage does not imply indirect damage caused to the client including the non-received income.
9.2. The forwarder shall bear material responsibility for the damage arising out of its guilty action resulting in losing a package (the case including the insured ones) or such external damage thereof that causes its internal damage as well, and in a partial loss of the package content.
9.3. A package shall be considered to have been lost if the relevant information cannot be obtained on it within 1 (one) month upon the receipt of the client's claim/complaint for the package. Moreover, the client shall advance the claim/complaint no later than within 2 (two) months upon the package's receipt at the international exchange center of forwarder.
9.4. The forwarder's responsibility shall be excluded:
9.4.1. If the package has been delivered as per the procedures established by the forwarder;
9.4.2. For the packages the reason of whose non-delivery to the addressee was the incorrect (incomplete, insufficient) information received from the client;
9.4.3. In the event of prevalence of circumstances caused by an occurrence of a force majeure;
9.4.4. In the events when the forwarder cannot register the packages for the reason of the working documents having been destroyed as a result of occurrence of a force majeure;
9.4.5. In the event if the package was lost or the content thereof was destroyed or is absent due to any guilty action or negligence on the part of the sender or due to specifics of the content;
9.4.6. In case of loss of a package, the receipt of which is not confirmed by the international exchange center of the forwarder, and the client cannot ensure the submission of a document confirming the delivery of the package by the carrier of the relevant country to the international exchange center of the forwarder, signed by an authorized person of the international exchange center of the forwarder;
9.4.7. In case of loss of the package or damage to its contents, if the mentioned package was delivered to the international exchange center of the forwarder in a damaged condition;
9.4.8. For the package containing the items that are prohibited for sending;
9.4.9. In the event if the package was arrested, destroyed or confiscated by the governmental bodies on the basis of the legislation in effect;
9.4.10. In the event if the package was insured for a sum exceeding the real value of the item (in such an event only the real value of the package shall be compensated);
9.4.11. In the event if the package was transported to the international exchange center from other countries due to which the package was levied any tax / fee as per the legislation of the sending or the receiving country;
9.4.12. For packages addressed to an exchange center of Greece;
9.4.13. For the packages with breakable items as their content (such as a screen, dishes, luster, lamp-bracket, perfume, any item made of glass, etc.);
9.4.14. In the event if the package is externally/visually damaged but the damage has not caused a damage to the content as well;
9.4.15. In the event if the package is not damaged externally/visually but the content thereof has suffered a complete or a partial damage;
9.4.16. For the items that have been wrapped/packed in an undue/incorrect manner in the shop;
9.4.17. In the event if the client is acting in a mala fide manner aiming at getting the indemnification;
9.5. In the event of losing a package the forwarder shall ensure indemnification of the damage caused in the following amounts:
9.5.1. In the event of losing an insured package - in the amount of the insurance the sum not exceeding the one provided in the filled in preliminary declaration, to which the paid transportation cost shall be added. Moreover, the maximum limit of insurance shall not exceed 10 000 GEL.
9.5.2. In the event of losing an uninsured package - in the amount of the content of the package, the sum not to exceed 300 (three hundred) GEL, to which the paid transportation cost shall be added. Moreover, if the amount provided in the preliminary declaration and that given in the purchase document (invoice) do not coincide with each other, the indemnification shall be made according to the lesser amount but the sum shall not exceed 300 (three hundred) GEL.
9.6. In the event of a partial loss of the content of a package or such external damage to the latter that causes damage to the content thereof the forwarder shall ensure indemnification of the damage at the amounts as follows:
9.6.1. For such external damage of an insured package that causes damage to the content thereof or/and in case of a partial loss of the content - in the amount of the cost of the damaged/lost item which is identical to the cost of an item provided in the preliminary declaration. Moreover, the cost of the damaged/lost item shall not exceed the one provided in the purchase document (invoice) whereas the maximum limit of insurance shall not exceed 10 000 GEL.
9.6.2. For such external damage of an uninsured package that causes damage to the content thereof or/and in case of a partial loss of the content - in the amount of the cost of the damaged/lost item the sum not to exceed 300 (three hundred) GEL. Moreover, if the amount provided in the preliminary declaration and that given in the purchase document (invoice) do not coincide with each other, the indemnification shall be made according to the lesser amount but the sum shall not exceed 300 (three hundred) GEL.
 
10. Obligation of Personal Data Protection
10.1. The client consents to procession of the personal data provided to the forwarder under the present agreement (including name and surname, address, e-mail, phone number and / or other information).
10.2. The forwarder represents and guarantees that it shall process the personal data provided by the client solely for the following purpose(s):
10.2.1. Aiming at provision of services or / and consultations within the scope of the forwarder's activities and out of them, as necessary out of the client's interests and for the fulfillment of the duties and obligations undertaken by the forwarder before the client;
10.2.2. For the purposes of providing information on and conducting campaigns, making marketing offers, delivering information about the forwarder, of the information or / and advertisement materials within the scope of the forwarder's activities and the offers made therefore including special ones;
10.2.3. In order to improve the quality of the services or / and update them;
10.2.4. For the purpose of conduction of studies, carrying out surveys including statistic polls and for analytical purposes.
10.3. The forwarder shall not deliver the client's personal data to any third persons unless:
10.3.1. The client has given their consent for the same;
10.3.2. As per the law, the data are publicly available or the client has made them public;
10.3.3. Such information shall be delivered to third persons observing the requirements of the legislation in effect and on the basis of a court decision.
10.4. The forwarder represents and guarantees that it shall take all the organizational and technical measures to ensure protection of the client's personal data from occasional or unlawful destruction, change, disclosure, obtaining / access or using them in any other way unlawfully or their occasional or unlawful losing.
10.5. In the event if the client so requests, the forwarder shall ensure correction, updating, adding, deleting or destruction of the data if the same are incomplete, incorrect, need update or they have been collected and processed against the law.
10.6. The client is entitled to revoke at any time the consent given by them for procession of personal data through sending a written notice to the forwarder and request termination of the data procession or / and destruction of the data processed save of the information processed on the basis of the consent given by the client for performance of the monetary liabilities / obligations in which case the forwarder shall stop procession of the client's personal data or / and destroy of the data already processed within 5 (five) days upon the receipt of such request unless there is any other basis for the data procession.
 
11. Regulating Law and Rules of Dispute Resolution
11.1. Relations between the client and the forwarder are regulated in accordance with the present contract and the applicable legislation of Georgia. At the same time, the forwarder considers the reclamation (claim) of the client and makes a decision on compensation for losses in accordance with the forwarder's User Guide and the Rules for Filing and Considering Reclamation, which are posted on the website www.gpost.ge.
11.2. Disputes arising between the parties will be considered and resolved by applying to the courts of the general jurisdiction of Georgia.
 
12. Additional Terms and Conditions
12.1. The parties represent that the forwarder takes the obligation to provide only the services that are determined and duly requested by the client as per the present agreement.
12.2. The client represent that the documents submitted by it to the forwarder are authentic.
12.3. The parties agree that the client's room number without any package registered on it shall be deemed to have been inactivated and will be discarded after 3 (three) months from its registration.
12.4. The parties agree that they will not disclose any information provided to each other within the scope of the present agreement save of the cases of the court requesting the information in accordance with the legislation in effect. This obligation does not cover the information which is of public access.
12.5. The forwarder retains the right to change the rules and terms (including the service tariffs) of provision of its services without any agreement with and consent from the client; the changed rules and terms and tariffs as mentioned will be published on the forwarder's official web-page www.maleo.ge and shall be valid without any additional notice to/consent from the client.