Terms and Conditions of Service
THE RULES RELATING TO LIABILITY ESTABLISHED BY THE WARSAW CONVENTION AND ANY AMENDMENTS TO THE SAME SHALL APPLY TO THE INTERNATIONAL CARRIAGE OF ANY SHIPMENT HEREUNDER INSOFAR AS THE SAME IS HALLE GOVERNED BY SUCH STANDARDS.
"RIOCARGO EXPRESS SA,which for purposes of these Terms and Conditions is referred to as the ("RIOCARGO"), is dedicated to the COLLECTION SERVICES OF MAIL AND PACKAGES, DEPOSITED IN MAILBOXES OR PUBLIC POST OFFICES, INCLUDING THE DISTRIBUTION AND DELIVERY OF MAIL AND PACKAGES. THE ACTIVITY CAN BE DONE IN ONE OR SEVERAL MEANS OF TRANSPORT, OWN (PRIVATE TRANSPORT), OR PUBLIC TRANSPORTATION., and to the provision of services related to, or additional to, those mentioned above. All shipments are subject to the terms and conditions included in the Rate and Service Guide of "RIOCARGO" (published in the site www.riocargoexpress.com) which is also available in local offices of "RIOCARGO".The carriage by air involves an ultimate destination or a stop in a country that is not in the game, you will be able to be regulated by the Warsaw Convention. The rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on 12 October 1929 in Warsaw, Poland, or any amendments to the same shall apply to the international carriage of any shipment insofar as the same is halle governed by such standards. "RIOCARGO" may engage subcontractors to perform services and to comply with contracts, either in the name and on behalf of itself and its employees, agents and subcontractors, each of whom will benefit of these Terms and Conditions. Any of the parties mentioned may dispense with compliance with these terms and conditions, nor can it modify them. All the packages included on a single Air waybill shall be considered a single shipment. A shipment may be carried via any intermediate stops that "RIOCARGO" deems appropriate. Unless otherwise agreed in writing prior to the shipment to be entrusted to "RIOCARGO", the service to be provided by "RIOCARGO" is limited to pick up the shipment, transporting it, do the customs clearance when appropriate, and deliver the shipment. The shipper agrees that the shipment will be grouped with respective shipments to other companies for the purposes of transport and that "RIOCARGO" can't monitor the movement of entry and exit of shipments individual in all distribution centers.
FIRST CLAUSE: BACKGROUND.-
1.1 "RIOCARGO EXPRESS SA, identified with a Single Registration of Taxpayers do Not. 0992412631001,with registered office in Guayaquil, is a company incorporated under the laws of the Republic of Ecuador, whose purpose is the COLLECTION OF MAIL AND PACKAGES, DEPOSITED IN MAILBOXES OR PUBLIC POST OFFICES, INCLUDING THE DISTRIBUTION AND DELIVERY OF MAIL AND PACKAGES. THE ACTIVITY CAN BE DONE IN ONE OR SEVERAL MEANS OF TRANSPORT, OWN (PRIVATE TRANSPORT), OR PUBLIC TRANSPORTATION. Society that, for all purposes of this Terms and Conditions of the Service, will be hereinafter referred to as the (“RIOCARGO”).
1.2 And on the other hand, the natural or legal person who, for the purposes of this Terms and Conditions will be referred to as (“CUSTOMER”).
SECOND CLAUSE: ABOUT “RIOCARGO”
2.1 “RIOCARGO” is a specialized service that allows customers to make purchases over the internet to get a physical address in Miami, and receive your goods at the Equator in the comfort of your home or office. “RIOCARGO” is in charge of receiving your purchases in the united States and send them to the Equator; “RIOCARGO”, make the arrangements for customs to customs and their subsequent delivery to the address that you register the client, corresponding to purchases made in stores in the outside.
2.2 The service of "RIOCARGO"consists of: 1. “RIOCARGO” assigned to the “CLIENT” a number of international account, a locker, virtual and a permanent address in Miami (united States) where you receive the goods to be processed for shipping. 2. “RIOCARGO” receives, classifies, and transported to Ecuador via air or sea all of your purchases. 3. “RIOCARGO” will manage the customs formalities as well as the delivery of your shipments at the address registered by the customer subscribed to the locker.
2.3. Box International in Miami: Our “Centre of International Logistics” in: 12992 Nw 42 Ave, Unit 126, Opa Locka, Florida 33054, USA is the place where you will be sent your purchases in the united States, these will be reviewed and processed for entry into Ecuador.
2.4. It is the responsibility of the customer to properly attach the address of the locker in Miami according to the instructions that you receive via e-mail or any other means by “RIOCARGO” at the time of subscribing to the service to ensure an effective delivery of your shipment at our logistics center in Miami.
THIRD CLAUSE: OBLIGATIONS OF THE "CLIENT".
3.1. The “CLIENT” shall cancel the corresponding value to the processes of management of the package, repacking, distribution, desaduanización , delivery, and other operating costs in advance, and by means of cash or bank transfer. In the event that the client wishes to make the payment to receive the load in your home you must pay an additional fee.
3.2. In the case of the sending of the "CLIENT" to generate charges for duties and taxes, penalties, or fines the user shall pay in the bank of your choice through online payment or over the counter the value of the tax settlement. Once cancelled, the value of the taxes, the customer shall notify RIOCARGO" by e-mail or telephone, that it has made the payment of the tariffs. Once that "RIOCARGO" receipt of this notice shall request Customs to release the shipment.
3.3 "RIOCARGO", not to be held responsible if the "CLIENT" cancels the value of the tax after the day that customs determined as the maximum expected for that does not generate fines, interest or abandonment of the shipment.
3.4 To the declaration of the shipments, "RIOCARGO", the use of the information contained in the invoice, declaration of value, and other information provided by any means by the "CLIENT". In the event that Customs determined during the process of appraisal or verification that there is a difference between what is declared and the physical content of the consignment; the "CLIENT" shall bear the costs, fines, or fees that are generated by this situation relieving "RIOCARGO" of any responsibility, financial or legal. It is the obligation of the customer to notify "RIOCARGO" of all the content of your submission.
3.5. The use of technological tools as was a control panel or the system of enlistment, shipping, or any other tool that "RIOCARGO" to provide is the sole responsibility of the customer.
3.6. The "CLIENT" to the service "RIOCARGO" is responsible for the information provided to the contracting of the service; and, therefore, takes on the obligation to notify "RIOCARGO" any change in the same, mainly in the direction of delivery of the goods or changes in the credit card to which to apply the costs of handling and transport of the goods, via the official site www.riocargoexpress.com, social networks, or by connecting to the phone 04 2626170.
3.7. It is the obligation of the "CUSTOMER" report issues of identity or loss of personal documentation or payments through our website www.riocargoexpress.com or by calling the number 04 2626170.
3.8. The box international is oriented to the exclusive use and personal "CLIENT",the proper management of the locker is your responsibility.
3.9.In the event that there were any restrictions or limitations regarding taxes, declaration of the goods, or legality of the funding is used in international transactions, the "CLIENT" owner of the locker, assumes the legal responsibility of the aforementioned aspects.
3.10. The "CLIENT" authorize "RIOCARGO", the shipping information and promotions, including commercial establishments; that is to say, the sending of e-mailing.
FOURTH: ON THE COSTS OF THE SERVICE.
4.1. To confirm the minimal costs of handling and transportation, please refer to the RATER in the page www.riocargoexpress.com and contact with the representative of the company to confirm the approximate cost by any means of communication that provides "RIOCARGO".
4.2. The costs of carriage and any other charge that is made to the "CUSTOMER" concept of the services provided by the service "RIOCARGO" are independent of the charges set by banks, financial institutions or providers of credit cards for foreign transactions.
4.3. Service desaduanización or customs procedures: the fee for The service of desaduanización applies only to shipments whose total weight does not exceed 100kg weight and the $5000.00 of fob value; that is to say, this service is provided solely for shipments that enter under the category Courier. In the case of which the "CLIENT", required to perform a process of nationalization by a different regime, for example Regime Consumption, you need to confirm with our customer Care line, which has RUC (Registro single Taxpayer); Electronic signature in the Ecuapas and Registration of importer.
THE FIFTH CLAUSE: ON THE RECOVERY OF THE SERVICE.
5.1. The "CLIENT" authorize "RIOCARGO" to charge all costs associated with the handling and transport of their packages according to the rates published on our web site www.riocargoexpress.com or other channels of communication.
5.2. The "CLIENT" authorized by this same means to "RIOCARGO", to collect all incidental charge direct and indirect, associated with the handling of your merchandise, such as: storage, special handling, repacking, weight, and any other fees related to the shipment of your goods without the prior permission of the client. Payments shall be made in cash or by bank transfer, whose details will be informed in the page www.riocargoexpress.com or any other channel of communication.
5.3. The rates set forth in the web site page: www.riocargoexpress.com or in any other communication channel are subject to change without prior notice; however, "RIOCARGO" communicate to the particular, to the user through the regular channels (email, web page and/or service to the customer).
5.4. "RIOCARGO" is not responsible for shipments that generate additional charges for taxes, tariffs, fines, or costs arising out of any restriction on the import of shipments, either by quotas shipments 4×4, non-submission of previous documents, or of any condition that Customs may determine in accordance with current regulations.
SIXTH: THE WEIGHT OF THE PACKAGE.
6.1. The charge for the weight concept will be generated on the basis of the weight of the package in pounds or any other standard "RIOCARGO" creates necessary, including packing (gross weight); when the packet exceeds this standard, "RIOCARGO" will be informed of this surplus to the customer to confirm if you want to go ahead with the import. The calculation for that position is the result of multiplying the measures in inches in the length, width and height of the package and divide by 166 (volumetric weight).
6.2. The units used for the purposes of payment are: u.s. dollars as the currency of the transaction; the measure of weight for the collection of fees is the pound value of the time of the transaction, the conversion of grams to pounds is: 450 grams equals 1 pound.
6.3. "RIOCARGO" reserves the right to ship the packages as you deem necessary; you may have an additional fee according to the type of repacking; the same can increase the weight of the package.
SEVENTH CLAUSE: ON THE GOODS DETAINED IN PORT OF ORIGIN.
7.1. "RIOCARGO", reserves the right to destroy the goods that stay in Miami, the way it believes appropriate prior notice to the client, after a period not to exceed sixty (60) days for packages and merchandise, and thirty (30) days for mail, catalogs and magazines.
EIGHTH: ON THE MERCHANDISE IN DETENTION AT PORT OF DESTINATION.
8.1. For packages that during the process of capacity held by Customs, register on developments with respect to the stated value and are awaiting confirmation of technical documentation, support, payment, or else, it will wait for a response from “CUSTOMER” as a maximum 1 working day, after this time, the Customs shall provide for the valuation of the goods in accordance with its methods and criteria.
8.2. For packages released, but is expected to be withdrawn at an office or confirmation of the data with the “CLIENT” , it will wait 45 calendar days. If the package is not removed in this time, or it is not possible to confirm information with the “CLIENT” is applicable to the delivery of the same to the respective department that will dispose of the same in accordance with the Institution MINTEL.
8.3. It is noted that these times and conditions may vary depending on the regulations of the control entities and the terms and conditions of the company.
NINTH: ON THE CLAIMS.
9.1 In the event that merchandise arrives damaged the customer, it shall be reported by any of the means available to "RIOCARGO" who will analyze the case in order to take the appropriate measures.
9.2 Prior to filing a claim, the customer shall send to Riocargo by any means the corresponding invoice to the purchase order to verify the data reported.
9.3. "RIOCARGO"., assumes no responsibility with regard to the quality, quantity, brand, damages, factory or any other specification of the goods which the "CLIENT" to acquire or get to be carried by the service "RIOCARGO". All claims and/or disputes must be resolved directly with the seller or commercial establishment to which the "CLIENT" got the goods.
9.4. The maximum times to file claims for damage, fault or content is missing are: Sending failed // 1 business day from the receipt of the item by the customer;Missing in the contents // 1 business day from the receipt of the item by the customer;Shipping plundered // 1 business day from the receipt of the item by the customer;Shipping damaged // 1 business day from the receipt of the item by the customer
9.5.After this time any claim filed shall be deemed untimely and not entitled to any compensation.
9.6. Any claims should be directed to the channels authorized for such purpose, such as: email@example.com, social networks or the line 04 2626170.
TENTH CLAUSE: PROHIBITED ITEMS.
10.1. The service "RIOCARGO" may not be used for illegal purposes. The company works with the respective authorities, local and international, to the identification and prosecution of natural persons who use the service in any illegal manner.
10.2. "RIOCARGO", reserve the right to stop in the united States and in Ecuador any goods that are suspected of or identified as that was acquired by a transaction is fraudulent or illegal or belongs to the category of goods prohibited for import as detailed below. The information obtained in these cases will be given to the local authorities or international authority to monitor and combat online fraud.
10.3 Articles of prohibited importation Resolution No.182 COMEXI – Official Registration 228 – July 7, 1999.
Products considered to be restricted or dangerous:
Tobacco, and firearms
Food and drinks
Spray products or that damage the ozone layer
Seeds – plants – wood
Material pirated or stolen
Human remains (Including ashes)
Glass and ceramics
Works of art and antiques
Explosives and munitions
Precursors and chemicals
Skins and products of animal origin
Medicines, drugs and narcotics
Any item with the alcohol as the first ingredient
Fireworks and gunpowder
Gas, tear gas and pepper spray
Lighters and/or matches
Batteries that contain chemicals
Tools to base gas.
Set-top boxes satellite.
10.4. Products prohibited import. Resolution No.182 COMEXI – Official Registration 228 – July 7, 1999.
Cell used or re-manufactured
Parts and accessories of car, motorcycle used.
Clothing and used shoes
Products that require documents of Prior control.
Does not comply with the documents of prior control within 30 days after arrival of the goods, it turns into a commodity of prohibited importation and the client shall submit to any of the destinations customs (reembarque, destruction).
The second import in the fiscal year in the category D (shoes, garments, made-up textiles) (MIPRO, INEN, COMEX.)
The second import of TV in the fiscal year .(INEN , MIPRO, COMEX)
The second import in the fiscal year of cellular natural person (it Is permissible to 1 cell per natural person, the income of the cell to the country.(COMEX, ARCOTEL )
The importation of liquor.(MSP )
The import of weapons, paintball guns, toy guns that shoot with air compressed CO2, weapons, archery bows arrow. Spear, daggers (JOINT COMMAND OF THE ARMED FORCES )
The importation of equipment set-top boxes satellite. (ARCOTEL).
By Law, a violation of the Federal Regulations of the united States of hazardous materials (49 CFR, parts 171-180), may result in a civil penalty up to$25,000 for each violation, and in appropriate cases, a penalty of up to US$500,000 and/or imprisonment up to five years.
10.5. It is the responsibility of the “CLIENT” in the case of arriving to Ecuador products are restricted, prohibited import, or products that require documents prior checking, by regulations of customs will be subject to a reembarque mandatory and the customer shall be directly responsible to bear all the costs that involve the carrying out of these operations.
Payment of airport charges.
Payment of freight for export.
Payment of fines in the case that generates Customs of Ecuador (the value of the fines generated by regulatory failings is 50% of base salary unified).
Payment of fees (customs, fire departments, companies).
CLAUSE ELEVENTH: ECUADOR REGULATIONS.
11.1. Regulations of Customs in Ecuador (COPCI) Art. 98.- Goods are not authorised for the import. – In case of detecting goods that you should have had control documents, or import authorizations, not to obtain, or within thirty calendar days of the report of capacity that is determined by the change of tariff classification of the goods, will be required to submit to a regime of reembarque, without prejudice to the application of the penalties to which they are entitled. For customs purposes the lack of control documents, or import authorizations will not give you the quality of goods prohibited from import, except in the cases determined by expressly law. To comply with the regime, the consignee shall proceed with the filing of the Customs Declaration Simplified to the regime of reembarque, in which you will have to mention the means of transport on which the goods leave the country. There are changes in connection with the information contained, may make modifications in accordance with the procedures that the General Direction set for the effect.
11.2. Art. 99.- Goods Prohibited from Import. Will be determined as such by the Council of Foreign Trade, COMEX. The reembarque will be mandatory in the case of goods prohibited from import, except for the clothing, nonperishable food and educational materials that will be donated to the Secretariat of State in charge of social policy. The customs administration shall have the reembarque from the primary zone of the District where they entered the goods. The operating costs or administrative proceedings to which it is entitled shall be borne by the taxpayer and/or consignee. To comply with the regime, the consignee shall proceed with the filing of the simplified declaration to the regime of reembarque, in which you will have to mention the means of transport on which the goods leave the country. There are changes in connection with the information contained, may make modifications in accordance with the procedures that the General Direction set for the effect. The Principal District of the National Service of Ecuador Customs authorize the destruction of goods, when not made the reembarque in to the deadlines and as a result lead to the seizure, administration, this circumstance shall be without prejudice to the penalty provided for in Article 190 (h) of the Organic Code of Production, Trade and Investments. In the event that the goods cannot be reembarcadas by causes beyond the control of the importer, duly justified, it shall proceed in accordance with the provisions of the literal d) of Article 123 of the Organic Code of Production, Trade and Investments. There goods are not susceptible to award a free or public auction, such property shall be devoted to destruction, including the possibility of undergoing processes of recycling. The fees for this purpose by the National Service of Ecuador Customs shall be borne entirely by the taxpayer and/or consignee. The customs declarations of goods considered a prohibited import will be completed with the regime of reembarque or the fate of destruction, as has been applied, in the latter case once completed should be taken to the return of the charging unit to its owner in Ecuador. By Courier is available up to a retail value of USD $2000 and 110 pounds. Food, medicines, and perfumes may not exceed 5 personal drives. The above items for commercial purposes require prior authorization of the respective Ministries for import (Resolution No. 183 COMEXI) Official Registry 228 - July 7, 1999:Food, beverages, medicines, cosmetics, perfumes, plants and seeds, pesticides narcotics and precursors, medical devices, radioactive materials, firearms, parts and ammunition, electric power plants greater than 100 Kilowatts.
CLAUSE TWELFTH: ADDITIONAL SERVICES.
12.1. Home delivery: Your service "RIOCARGO" , includes the home delivery of your shipment with additional fee depending on the location of the client.
12.2. Online access: Our Control Panel and customer Service, gives you the "CLIENT", the options for verifying securely the status of their shipments, to do this you must access your account by entering your username and password.
CLAUSE THIRTEENTH: ACCEPTANCE OF THE TERMS AND CONDITIONS.
13.1. By clicking the box “Terms and Conditions” it is noted that the following convention has been accepted all of the terms and conditions contained in this document.