Dotcom Zambia offers package and mail forwarding services along with package consolidation services from the U.S. to Zambia. Dotcom Zambia acts as an agent on behalf of customers using third party courier companies. Dotcom Zambia is not responsible for the actual shipping service used. We use third party shipping companies to ship on behalf of our customers. By having your packages sent to our US & UK office, you authorize Dotcom Zambia to act only your behalf as an agent and send your packages using third party couriers to Zambia. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume.'
TERMS OF SERVICE
You authorize Dotcom Zambia to open packages if there is a suspicion about content of the package (illegal goods) or any practical reason.
You agree that your use of Dotcom Zambia’s US & UK address is only for package consolidation purposes. You will not represent that Dotcom Zambia’s address is your address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that Dotcom Zambia’s addresses are the address of your place of business or residence. Failure to comply with this requirement may result in future packages being returned to the original seller.
Dotcom Zambia will provide the Customer with the right to use its address in the United States of America and the United Kingdom at which the Customer can have mail and/or merchandise delivered prior to export.
Dotcom Zambia's services consist of acting as an agent of the Customer for consolidation and export purposes by receiving the Customer's merchandise, which will be sorted, packed, and consolidated. At the Customer's direction, Dotcom Zambia arranges for export to Dotcom Zambia’s offices in Lusaka and Kitwe by unaffiliated service providers who own their own fleet of airplanes and vehicles, which act as the freight forwarder and/or carrier for the shipment under this agreement.
Dotcom Zambia does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Customers). All packages received by Dotcom Zambia can be opened by representatives of the company.
Customers are responsible for any import obligations in Zambia.
Customers also authorize Dotcom Zambia as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
Customers accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Dotcom Zambia Customer.
Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
Insurance costs for shipments of merchandise are based on the insured value. Each US $150 of insured value costs US $5 or 5% of the item value. The insured value is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value
Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Dotcom Zambia. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks.
Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Dotcom Zambia is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Dotcom Zambia for damage or loss caused to any items before delivery to Dotcom Zambia or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.
Either party may cancel the Agreement with written notice (via email, fax, letter, or, to the extent provided by the Dotcom Zambia website or in person). Upon cancellation, Dotcom Zambia shall not act on behalf of the customer again and any packages received in the customers name will be returned to the original sender.
Each Customer, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Dotcom Zambia by such Customer, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to Dotcom Zambia and grants to Dotcom Zambia a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Customer to Dotcom Zambia.
Without limiting the generality of the foregoing, Dotcom Zambia may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Customer or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Customer to Dotcom Zambia are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Customer or any other person notice or opportunity for a hearing on Dotcom Zambia's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of Dotcom Zambia or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. Dotcom Zambia shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Customer, which right or equity is hereby waived and released.
TITLE FOR ITEMS
You recognize that you are the title holder and reseller of merchandise to be exported, and thus you are the Principal Party in Interest. Dotcom Zambia is merely acting as your agent to consolidate and package your items for shipping via a third party.
Title to any items that cannot be exported after arrival at the Dotcom Zambia facility will be forfeited by the Customer. Dotcom Zambia will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by
(1) selling any items not returned to the seller and then providing the proceeds of such sales to charity,
(2) destroying such items, or
(3) providing such items to a government official.
The Customer agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that
(1) transfers title to the Customer prior to the time that the merchandise is received at the Dotcom Zambia US & UK offices and
(2) in accordance with risk of loss terms that provide either that the buyer or the Customer bears the full costs and risks of moving the goods from the buyer's location to Dotcom Zambia’s offices.
If a Customer's packages have not been collected from Dotcom Zambia’s local offices for more than 30 days, Dotcom Zambia may, at its sole discretion, cancel the Customer's current bills, sell all packages and mail or return the packages or mail to the sender without the Customer’s consent. The Customer forfeits all claims to items abandoned with Dotcom Zambia once the 30 day period has lapsed and no payment or claim for the packages has been made.
Each package received by Dotcom Zambia with an incomplete, incorrect, or old address that can be associated with a Customer will be assessed a charge consistent with Dotcom Zambia's current schedule of fees. Customers should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Customer's details such as name and phone number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Customer will be returned to the Sender or sent to Zambia to be claimed within 30 days.
All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with Dotcom Zambia's current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with Dotcom Zambia's current schedule of fees, for each 15 day period that an order remains past due.
The Customer will only use Dotcom Zambia’s addresses for package consolidation purposes. The Customer will not represent that Dotcom Zambia's address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Dotcom Zambia address of the Customer's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Customer's Dotcom Zambia account.
The Customer is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Customer acknowledges that Dotcom Zambia is not responsible for any action taken by the seller with respect to the Customer's order as a result of the seller's terms and conditions of sale.
The Customer also is responsible for informing the seller that any merchandise purchased and sent to Dotcom Zambia's facility ultimately will be exported out of the United States. It ultimately is the responsibility of the Customer to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Customer must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Dotcom Zambia by the seller.
NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Dotcom Zambia as a result of this Agreement or your use of this service.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
APPOINTMENT OF DOTCOM ZAMBIA AS CUSTOMER’S AGENT
As a Customer, you grant Dotcom Zambia a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
- preparation of shipping documents;
- preparation of any Certificates of Origin;
- preparation of an airway bill or any other document required to export merchandise to Customer;
- entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
- authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
If an EEI (for which a charge consistent with Dotcom Zambia's current schedule of fees will apply) is required for goods originating within the United States, Dotcom Zambia will file the required export information on behalf of the Customer as its agent pursuant to this section. If the Customer or the USPPI fails to provide all of the information needed to accurately file an EEI, Dotcom Zambia will decline to process the merchandise for export. Dotcom Zambia reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Customer is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Customer also acknowledges that under such circumstances, Dotcom Zambia will not reimburse the Customer for the value of the merchandise.
The Customer acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by law and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Customer by the U.S. government for making false or fraudulent statements with respect to this information.
Dotcom Zambia assumes no responsibility to act as a record-keeper or record-keeping agent for either the Customer or the USPPI. he Customer also is responsible for providing accurate information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
PROHIBITED AND RESTRICTED ITEMS
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
- Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
- Hazardous materials (matches, chemicals, explosives)
- Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Dotcom Zambia may not be returned to or resold in the United States.
- Animals and products made with animal skin (furs)
- Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Customer assumes all risk of loss above such limit
- Lottery tickets and gambling devices
- Prescription and/or veterinary medication
- Lock picking devices
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
The Customer understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Customer. The Customer is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the United States of America and/or the United Kingdom and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Customer's shipment may be carried. Customer also understands that Dotcom Zambia is not responsible for the loss of any software and/or data.
The Customer agrees that he/she will remain liable for and indemnify, defend, and hold harmless Dotcom Zambia and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
- any negligent action or omission of Customer or any of the Customer's employees, contractors, agents or any other person acting under Customer's supervision or control prior to, as of, or following the date hereof;
- any inaccuracy or breach of any representation or warranty made by Customer in this Agreement or any other document or instrument executed or delivered by Customer in connection with this Agreement;
- any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Customer in connection with this Agreement;
- Dotcom Zambia's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Dotcom Zambia;
- the Customer providing to Dotcom Zambia any incomplete or false information; and
- the Customer's failure to comply with the terms hereof or of Zambia’s law applicable to the exportation or importation of such shipments.
The Customer acknowledges that the foregoing provisions are a material inducement for Dotcom Zambia to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
This Agreement constitutes the entire agreement between you and Dotcom Zambia with respect to our services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dotcom Zambia with respect to our services. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable authorities in Zambia. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient.