Terms and Conditions

Contents

• 1. Definitions

• 2. Delivery to an address

• 3. Maximum sizes and weights

• 4. Restricted and prohibited goods

• 5. International Sanctions

• 6. Addressing and documentation

• 7. Service standards and delivery

• 8. Non-delivery

• 9. Charges

• 10. Liability for delay, loss or damage

• 10. Liability for delay, loss or damage continued

• 11. Compensation Limits and Refunds

• 11. Compensation Limits and Refunds continued

• 12. Claims for compensation and refunds

• 13. General

 

1. Definitions

 

These Conditions of Carriage Gzavnili Logistic e (International Retail Services) govern the provision of the following Services and any others that Gzavnili logistics may provide subject to them - Express Gzavnili and Priority Service.

 

*Guaranteed delivery subject to these Conditions of Carriage - if there is a late delivery then the Customer will get a refund of the whole or a proportionate part of the Consignment Charges paid. Delivery time begins from the date of dispatch - see Condition 11.1.2.

 

Gzavnili Logistic agrees to provide the Customer with the Services selected by the Customer, as available from time to time, for the conveyance of a single Consignment on the following Conditions.

 

In these Conditions the following expressions shall have the following meanings:

 

1.1 Collectable - means something, which has appreciated in value either due to its scarcity or due to it being no longer in production.

1.2 Conditions - means these Conditions of Carriage.

1.3 Consignment - means any one or more Parcel(s), up to a maximum of 15 Parcels, sent at one time by the Customer from an address in the USA to an address not in Georgia.

1.4 "Consignment Charges" means the charges payable to Gzavnili Logistic by the Customer in accordance with Condition 9 for the carriage of a Consignment, but shall exclude any charge(s) payable for enhanced compensation as referred to in Condition 11.

1.5 "Customer" means the sender of a single Consignment making payment otherwise than through an account held with Gzavnili Logistic.

1.6 "Despatch" means the time when the Customer hands a Consignment to a representative or agent of Gzavnili Logistic for conveyance and delivery under the Services and derivatives shall be construed accordingly.

1.7 "Excluded Goods" means those goods described as such, or described under the heading "Compensation Exclusions" (or similar expression) in the Retail Guide.

1.8 "International Deliveries" means any deliveries to an address outside the USA.

1.9 "Parcel" means a package (which includes its contents) sent under any of the Services.

1.10 "Gzavnili Logistic" means Gzavnili LLC, and its appointed sub-contractors and agents.

1.11 "Prohibited Goods" means items which cannot be sent using the Services as identified in the Retail Guide which may be updated by us from time to time in accordance with these Conditions of Carriage and those items defined as dangerous or hazardous by regulatory bodies governing transport by air in any legislation, regulations or guidelines which are unlawful to be carried.

1.12 "Recipient" means the person or persons to whom a Parcel or a Consignment is addressed.

1.13 "Restricted Goods" means items which can be sent using the Services but subject to certain restrictions and/or requirements as identified in the Retail Guide which may be updated by us from time to time in accordance with these Conditions of Carriage.

1.14 "Retail Guide" means the then current Gzavnili Logistic leaflet, available at Office, branches and/or information on-line at www.gzavnili.com under those or similar titles.

1.15 "Services" means Express Gzavnili or Priority Service and any other services provided subject to these Conditions of Carriage, details and specific service.

1.16 "USA" means United State of America.

1.17 "Undeliverable" means that Gzavnili Logistic has been unable to deliver a Parcel or Consignment, or in its opinion considers that the circumstances are such that it should not attempt a delivery(ies).

1.18 "Working Day" means any day other than a Saturday (save for a Saturday on which Gzavnili Logistic has agreed to make a delivery), Sunday, Public Holiday, Good Friday, Christmas Day and any other day on which the Gzavnili Logistic network is closed. It also means the equivalent in the country of destination or any intermediate country.

 

2. Delivery to an address

 

2.1 Gzavnili Logistic undertakes to deliver to the address specified on the Consignment or in the dispatch documentation, not to a Recipient.

2.2 In respect of Georgia deliveries, if there is no-one present at the address then:

2.2.1 Gzavnili Logistic may at its discretion attempt to deliver the Consignment to an alternative address being either:

Working address; or Office/branch, where it can be collected during the next 16 days;

2.3 Gzavnili Logistic does not undertake to intercept a Consignment in transit before delivery has been attempted.

2.4 Gzavnili Logistic shall not be liable in respect of any Consignment delivered to the delivery address or Working address, where any person misrepresents his authority to receive the Consignment on the Recipient's or Customer's behalf; or where Gzavnili Logistic is delivering it in accordance with instructions from, or purporting to be from the Recipient or the Customer.

2.5 When delivering a Consignment, if the particular Service provides for it, Gzavnili Logistic will request the person who accepts delivery (not necessarily the Recipient in person) to sign an acknowledgment of receipt, which may include signature by electronic means.

2.6 Copies of the receipt referred to in 2.5 above, shall be available (subject to data protection requirements) for a period of six months from the date of delivery, upon payment of the relevant charges as published by Gzavnili Logistic from time to time at www.gzavnili.com.

 

 

3. Maximum sizes and weights

 

The size of each Parcel for Georgia deliveries must not exceed 124-inch length, 64 inch high and 30 kilo. Greater that parcel will considered as cargo shipment.

 

4. Restricted and prohibited goods

 

4.1 Prohibited Goods and Restricted Goods are described in gzavnili.com/prohibited goods.

4.2 The Customer is responsible for ascertaining if the contents of any parcel are prohibited or subject to restrictions or specific requirements either within the USA or the country of destination Georgia and must comply with all specified requirements.

4.3 The Customer must not send or attempt to send a Parcel or Consignment containing any Prohibited Goods by any of the Services or send or attempt to send a Parcel. If the Customer does send or attempt to send a Parcel or Consignment containing such Prohibited Goods or Restricted Goods the Customer may be liable to prosecution and shall indemnify and keep indemnified Gzavnili Logistic and its employees, contractors, sub-contractors and agents, against any loss or damage suffered or liability incurred. If a Parcel or Consignment containing any such Prohibited Goods or Restricted Goods is sent by the Customer, Gzavnili Logistic may deal with the Parcel or Consignment in its sole and absolute discretion (without incurring any liability whatsoever to the Customer or Recipient) including destroying or otherwise disposing of such Parcel or Consignment in whole or in part or returning the Parcel or Consignment to the Customer, and shall be entitled to charge the Customer with the cost of disposal and all other costs reasonably incurred.

4.4 Gzavnili Logistic may, acting reasonably, add or remove items from the definition of Prohibited Goods or Restricted Goods (and may vary any applicable restrictions) without notice, but will endeavor to make the details of any such additions or deletions available at www.gzavnili.com.

4.5 The Customer must properly declare his parcel on www.gzavnili.com, which is subject to requirements in accordance with the TSA Guide and all legislation, regulations and guidelines governing its transportation by air.

4.6 The Customer shall be liable to Gzavnili Logistic, its sub-contractors and its agents for all loss, damage or injury arising out of the carriage of Prohibited Goods whether declared as such or not and Restricted Goods not properly packed and duly labeled (or not in compliance with any other specific requirements) to the extent that such loss, damage or injury is caused by the nature of those goods.

 

5. International Sanctions

 

5.1 The Customer must ensure that any Parcel or Consignment the Customer wishes to send by any of the Services is not prohibited under applicable sanctions laws, for example because of its contents, its Recipient or the country to or from which the Parcel or Consignment is to be sent.  Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities.

5.2 The Customer will indemnify and keep indemnified Gzavnili Logistic, its employees, sub-contractors and agents against any loss or damage suffered or liability incurred as a result of the Customer or its agents not complying with sanctions laws.

5.3 If Gzavnili Logistic has reasonable suspicion that because of its contents a Parcel or Consignment does not comply with sanctions laws Gzavnili Logistic may open that Parcel or Consignment or delay processing and delivery.

5.4 If the Customer sends or attempts to send a Parcel or Consignment which does not comply with sanctions laws Gzavnili Logistic may deal with the Parcel or Consignment in its sole and absolute discretion (without incurring any liability whatsoever to the Customer or the Recipient) including destroying or otherwise disposing of such Parcel or Consignment in whole or in part or returning it to the Customer, and shall be entitled to charge the Customer the cost of disposal and all other costs reasonably incurred, and additionally the sum of £20 (or such other sum as may be specified in the Retail Guide) if it chooses to return the Parcel or Consignment or any part of it.

 

6. Addressing and documentation

 

6.1 The Customer shall update the full postal address on www.gzavnili.com, including the postcode and telephone numbers of both the Recipient and the Customer.

6.2 The Customer shall declare all receipts and/or digital orders relating to the Dispatch, as these will be required to support any claim for compensation and/or refund under Condition 12.

6.3 The Customer recognizes that failure to fully complete and sign the customs declaration (where applicable) may result in customs clearance delays and/or penalties, which Gzavnili Logistic bears no responsibility.

6.4 The Customer recognizes the right of international customs authorities to inspect packages and documentation and for customs to instruct Gzavnili Logistic or its agents to open any Parcel for examination and Gzavnili Logistic shall incur no liability of any kind as a result of that. The Customer authorizes Gzavnili Logistic or its agents to complete any necessary documentation for the purpose of customs clearance either in the USA or abroad, but also notes and accepts that Gzavnili Logistic is not legally permitted to complete and/or sign individual customs declarations as this is the responsibility of the Customer.

6.6 In accordance with applicable regulations in various jurisdictions Gzavnili Logistic and its agents may be required to undertake X-ray screening of Consignments and Gzavnili Logistic and its agents shall have no liability in respect of any resulting loss, damage or delay, even if arising from its negligence.

 

7. Service standards and delivery

 

7.1 Delivery times may extend due to weather conditions or technical issue on some services for International deliveries.

7.2 Calendar Days will be counted for delivery To Georgia.

7.3 where Gzavnili Logistic attempts to deliver a Consignment to the address shown on the Consignment and for whatever reason delivery cannot be achieved (including unreasonable delay in acceptance at that address) then delivery shall be deemed to have taken place at the time when the Consignment is first presented to that address for delivery or when Gzavnili Logistic joins a queuing or booking in system, if that is in operation at that address;

7.4 Gzavnili Logistic is holding a Consignment for collection (in Georgia if delivery is not prepaid) or pending further instructions. Delivery shall be deemed to have taken place at the time that parcel status on www.gzavnili.com is set to "In Tbilisi office" if delivery to the address wasn't prepaid.

 

8. Non-delivery

 

8.1 In respect of International deliveries, if a Consignment is Undeliverable for any reason, Gzavnili Logistic will attempt to notify the Customer.

8.3 If the Customer cannot be contacted within a reasonable amount of time (Ten Working Days) or fails to reach an agreement with Gzavnili Logistic within a reasonable period of time as determined by Gzavnili Logistic, Gzavnili Logistic at its sole discretion may dispose Consignment.

 

9. Charges

 

9.1 Charges are set out in the terms and conditions. Details of current charges are available on www.gzavnili.com.

9.2 The Customer shall pay to Gzavnili Logistic the Consignment Charges and any other charges relating to the Services at the time of purchase by the method specified by Gzavnili Logistic. 

9.3 Gzavnili Logistic reserves the right to assess and impose surcharges on Consignments without notice. The duration and amount will be determined at Gzavnili Logistics sole discretion.

 

10. Liability for delay, loss or damage

 

10.1 Gzavnili Logistic will only be liable for loss of, or damage to (which includes destruction of) and delay in conveying a Consignment if caused by its negligence and its liability is further limited as set out in these Conditions and in particular in this Condition 10.

10.2 Gzavnili Logistic shall pay compensation for the declared value (Proofed by original hard copy receipt/invoice or digital invoice) of the contents of the Parcel to the Customer for loss of or damage to a Consignment (if caused by its negligence or those for whom it is vicariously liable) up to the limits for the Service, as set out in Condition 11, subject always to the provisions of these Conditions. Compensation for delay is given as a refund of the whole or part of the Consignment Charges.

10.3 If Gzavnili Logistic is liable for delay, then the whole or part of the Consignment Charges will be refunded, (see Condition 11) and on a pro-rata basis if only part of a Consignment is delayed

10.4 Except as referred to in Condition 10.1, 10.2 and 10.3 Gzavnili Logistic shall not be liable to the Customer or any other person for any loss of, or damage to, or any delay in the collection, conveyance or delivery of any Consignment(s), whatsoever and howsoever such loss, damage or delay was caused, whether from contract, breach of statutory duty, tort (including negligence), or otherwise.

10.5 Gzavnili Logistic does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential loss or damage whatsoever or howsoever arising whether from contract, breach of statutory duty, tort (including negligence of Gzavnili Logistic, its officers, employees, contractors and agents), or otherwise.

10.6 Any compensation payable for loss or damage shall be limited to the repair costs of the item(s) damaged or, if they are lost or damaged beyond repair, the lowest of i) their replacement cost, taking account of depreciation for wear and tear and ii) the actual sale price of the item(s). In any event, compensation shall not exceed Gzavnili Logistic's stated limits of compensation as set out, or referred to in Condition 11. 10.7 In addition to other compensation exclusions, Gzavnili Logistic shall not be liable to pay any compensation for loss of, or damage to a Consignment: 10.7.1 due to latent or inherent defect, vice or natural deterioration of items; or
10.7.2 containing Prohibited Goods or Restricted Goods, (where requirements have not been observed); or
10.7.3 which is in breach of sanctions law; or
10.7.4 due to Gzavnili Logistic's failure to follow "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); or
10.7.5 due to the Customer's failure to ship goods in packaging approved by Gzavnili Logistic prior to Dispatch, where such prior approval is recommended or required; or
10.7.6 due to Gzavnili Logistic's failure or inability to attempt to contact the Customer or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Consignment, or incomplete or incorrect custom's broker's address.

 

10. Liability for delay, loss or damage continued

 

10.8 Any compensation payable under these Conditions for loss of or damage to any Collectable shall be limited to the actual price paid by the Customer as confirmed by satisfactory written or printed evidence. Such compensation will not exceed the compensation limits set out in Condition 11 for the Services selected.

10.9 Gzavnili Logistic shall not be liable in respect of any Consignment where any person has been fraudulent or dishonest in any way in respect of that Consignment or misrepresents his authority to receive a Consignment on the Recipient's or Customer's behalf.

10.10 Gzavnili Logistic shall not be liable to pay any refund for delay in delivery in respect of:

10.10.1 any acts or omissions of customs or other regulatory agencies;

10.10.2 the adherence to Gzavnili Logistic policies regarding the payment of duties.

10.10.3 a Consignment that is held up in customs for formal entry clearance or because duty is payable;

10.10.4 the customs documentation being incomplete or incorrect;

10.10.5 a Consignment that contains Prohibited or Restricted Goods (where requirements have not been observed); or

10.11 Gzavnili Logistic have the right to reject any claims, which overstate the value of the contents and make no payment at all towards the value of the contents, although any relevant delay payment may still be made.

 

11. Compensation Limits and Refunds

 

11.0 "Late delivery" or "delay in delivery" means delivery which is not in accordance with the delivery times advertised for these Services from time to time by Gzavnili Logistic, subject to the provisions of Conditions 7.

Please note that 'loss' includes partial or complete loss of the contents of a Consignment and 'damage' includes destruction: 

Services	Inclusive cover	Max cover with enhanced compensation
Express Gzavnili	$3 Per Kilo	£2500
Regular Service	Not Covered	£2500

 

12. Claims for compensation and refunds

 

12.1 All claims for compensation for loss or damage and refunds for delay must be made on a fully completed Gzavnili Logistic claim form which must be received by Gzavnili Logistic within 15 days date of Dispatch.

12.2 Gzavnili Logistic may make such investigations as it deems necessary to satisfy itself of the validity of any claim and the Customer shall co-operate as is reasonable in the circumstances.

12.3 Gzavnili Logistic may require the Customer to substantiate a claim by providing any relevant information about the Consignment including proof of value, estimates for repair costs, cost price, invoices, weight and nature of the item(s) lost or damaged, serial numbers and IMEI numbers for electrical items. This may include requesting the Recipient to retain all packaging, or obtaining other documentary evidence and/or photographic evidence as requested by Gzavnili Logistic from the Recipient of the Consignment.

12.4 Any information requested to substantiate a claim must be made available to Gzavnili Logistic within 14 days of request. If the information requested is not received within this timescale, Gzavnili Logistic reserves the right to close the claim.

12.5 The Dispatch of sensitive data and documents, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer's risk and no compensation is available for these items. Data stored on electronic media, for example data disks, hard drives, magnetic tapes or pen drives must be suitably encrypted. The Customer shall indemnify Gzavnili Logistic against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data documents except to the extent that Gzavnili Logistic has been negligent.

 

13. General

 

13.1 Gzavnili Logistic shall not be liable (whether for the payment of compensation or refunds or otherwise), for loss, damage or delay to the extent that such results from any acts or omission of the Customer or Recipient or circumstances outside its reasonable control, including (without limitation) any adverse weather conditions, mechanical breakdown, obstruction of public or private highway or from any industrial action whatsoever.

13.2 Gzavnili Logistic may engage agents and/or sub-contractors to perform all or any part of the Services to be provided to the Customer.

13.3 These Conditions will be governed by and construed in accordance with the law of USA and Georgia. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of USA and Georgia over any claim or matters arising under or in connection with this agreement.

13.5 These Conditions and documents and information on the websites referred to, constitute the entire agreement between Gzavnili Logistic and the Customer. The Customer acknowledges that in agreeing to these Conditions it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein.

13.6 If any provision of these Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the provisions of these Conditions, which shall remain in full force and effect.

13.7 Gzavnili Logistic sell not trade anonymised or aggregated information about its Customers to third party organizations for any purposes.

13.8 Subject to the other provisions of this Conditions Gzavnili Logistic and the Customer agree that they and/or anyone they employ and/or for whom they are responsible will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with this Conditions and/or related services.

13.9 Where Gzavnili Logistic reasonably considers that the Customer is in breach of 13.8 Gzavnili Logistic may immediately (in addition to any other rights they may have under these Conditions):

(a) suspend any of the services and/or compensation/refund arrangements; and/or

(b) terminate these Conditions any Services and/or any accounts with the Customer

in each case without incurring any liability on the part of Gzavnili Logistic.

13.10 Where Gzavnili Logistic is in breach of 13.8 the Customer may (in addition to any other rights they may have under these Conditions) immediately terminate these Conditions, any Services and/or any accounts with Gzavnili Logistic by notice unless the breach of 13.8 was by an employee of Gzavnili Logistic who was not a director or senior officer nor acting with the consent or connivance of a director or senior officer or was by an agent or subcontractor of Gzavnili Logistic and Gzavnili Logistic arrange for that person to be removed from all involvement with these Conditions and any related Services within 30 days of Gzavnili Logistic becoming aware of the breach.

Gzavnili Logistic, Express Gzavnili and the Gzavnili Logistic globe logo are registered trademarks of Gzavnili LLC.

Gzavnili Logistic and Express Gzavnili are trading names of Gzavnili LLC.