In these General terms and conditions of service, unless the context is regulated obviously differently, hereunder terminologies are understood as corresponding meaning as below:
“SWIFT 247” or “We” means SWIFT 247 Joint Stock Company, which is legally established and operates in accordance with the laws of Vietnam.
“Customer” means the person requesting and agreeing to use any of the services provided by SWIFT 247, including but not limited to delivery services, placing and paying for Orders using the Delivery services.
“Range” means the geographical limitation of services that SWIFT 247 provides to Customers. This range is pre-installed on the Application provided by SWIFT 247 and is subject to change depending on the specific situation.
“Application” is a mobile application software owned and operated by SWIFT 247, of which functions meet Customer's usage requirements, including but not limited to: interaction, Orders creation, and payment performance for SWIFT 247.
“Goods” means correspondence, documents, publications, invoices, other documents, or items that the customer has requested SWIFT 247 to deliver from sender to receiver. Goods must be goods that are allowed to be transported, not included in the list of transportation prohibited goods, and must comply with all regulations on transportation of Vietnamese law, competent government agencies, and of the relevant Carriers during the use of the service.
“Order number” is a series of characters including numeric and alphanumeric code (Example: RG59WLV5, B2C3MXFQPAT5, B2B00002274), generated when the Customer places and makes full payment for the Order. This Order code is used as a basis for shipment tracking of an Order on the Application and for retrieving information for complains and claims related to the Cargo and Order.
“Carriers” are third parties appointed by SWIFT 247 to carry out the transportation or some related work in the process of transporting the order from the point of receipt to the point of delivery.
“Transportation prohibited goods” are types of items and goods that are prohibited from being transported, circulated, or used in accordance with the laws of Vietnam, the laws of relevant countries, and the regulations of the relevant Carriers.
“Conditionally transported goods” means items and goods that are limitedly transported or forced to comply with certain conditions during transportation in accordance with the laws of Vietnam, the laws of the country in which they are transported. and regulations of the relevant Carriers.
“Dangerous Goods” means any item or substance with the potential to cause danger, the risk to health, safety, property, or the environment that is listed or classified on the Dangerous Goods List regulated by IATA (International Air Transport Association).
“Shipping time quota” is the period of time starting from the time the order is confirmed on the Application to the time when the Goods are delivered to the designated place to the recipient shown on the order information (excluding the time of delay in delivery and receipt of goods from the sender and/or the consignee, and majeure circumstances of the relevant Carriers).
“Reception location” is the location announced on the website http://www.swift247.vn and on the applications. The place where goods are transferred directly from the customer or indirectly through a 3rd party shipping partner to the staff of SWIFT 247 to receive.
“Delivery Location” is the location announced on the website http://www.swift247.vn and on the application. The place where goods are transferred from SWIFT 247 agents to customers or to 3rd party shipping partners.
“Point to Point” also known as P2P, is a shipping service which the Customer must directly bring the transported Goods to the receiving location of SWIFT 247 for shipping procedures, and the recipient must directly come to the SWIFT 247 drop-off point for receiving procedures. “Port to port” is a transportation service which the Customer must directly bring the transported Goods to the airport warehouse to carry out procedures for shipment, and the recipient must directly go to the airport warehouse to carry out the procedures for receiving the goods.
“Point to Door” also known as P2D, is a shipping service which the Customer must directly bring the transported Goods to the receiving location of SWIFT 247 for sending procedures, and the Goods will be exactly transported to the recipient address shown on the order code by the courier of SWIFT 247 or the Carrier to carry out the Goods delivery procedures. “Door to Point” also known as D2P, is a transportation service which the Goods are cleared for delivery from the Customer, at the Customer's location to the delivery staff of SWIFT 247 or the Carrier, after that, the Goods will then be shipped to SWIFT 247 drop-off location, and the consignee must come directly to SWIFT 247 drop-off point to receive the Goods.
“Door to Door” also known as D2D, is a transportation service which the Goods are cleared for delivery from the Customer, at the Customer's location to the courier of SWIFT247 or the Carrier, and Goods will be shipped to the correct recipient address shown on the order number by the courier of SWIFT 247 or the Carrier for delivery procedures.Note: SWIFT247 provides home delivery and pick up services to sender and/or receiver. However, in the case that the sender and/or receiver are located in apartments, high-rise buildings, SWIFT247 only supports delivery/receipt of Goods at the entrance of the apartment building, high-rise building or other suitable location.
“Price unit” is the amount that the customer has to pay for each unit of chargeable weight (Example: VND 198,000/ 1 kg/ P2P service).
“Chargeable weight” is the actual weight (weight), or volumetric weight (dimensions). Chargeable weight is calculated according to the larger weight between actual weight and weight converted from volume. The formula for calculating the converted weight is as follows:
Converted weight = (length × width × height) ÷ 6000
6000 is the conversion unit between weight and volume prescribed by the aviation association for domestic delivery services.
Length, width, and height are units of volume measured in centimeters.
Example: suppose a customer ships a carton box with a weight of 100 kg and dimension of length, width, and height is 120, 120, 120 cm in turn. The shipping cost of the box is 10,000 VND / 1 kg. To determine whether this container is calculated by weight or volume, we do the following calculation:
Weight: 100kg
Converting the volume of the box to the weight: (120 × 120 × 120) ÷ 6000 = 288
Since 288 > 100, this box will be calculated according to the weight converted from the volume and the shipping cost of this box is 288 × 10,000 = 2,880,000 VND
“Rates” means the amount payable by the Customer for the Order generated on the Application based on the Weight and the unit rate.
“Additional Purchase Services” mean additional services that the Customer may purchase additionally to meet the Customer's requirements. Additional purchase services provided by SWIFT247 include but are not limited to the services available on the App dependent on specific time such as: High-value goods insurance service, door delivery/receipt service, goods returned insurance service, etc.
“Value added tax” or “VAT” means value added tax in accordance with the laws of Vietnam.
“Working day” means a day other than Saturday or Sunday or a public holiday, Lunar New Year in accordance with the laws of Vietnam or relevant country laws in the course of transportation.
“COD” is a form of payment collection that the fare is collected directly at the point of receiving the consignment. This COD includes only the payment for the shipping service of the order, and does not include collection for the value of the goods being shipped.
“Force Majeure” means any circumstance beyond the reasonable control of a party that affects the operation and ability of the affected party in performing its obligations under the relevant Transportation Services agreements, including but not limited to events of natural disasters, flight delays or cancellations, riots or civil unrest, war or armed conflict , national or local emergencies, government action or inaction, fire, flood, lightning, fire, explosion, subsidence, bad weather condition, and lawsuits or obstructions by person or entity that is beyond the reasonable control of that party; and “Force Majeure” as applied to SWIFT 247 in connection with the provision of the Service shall include an Internet connection crisis and any technical problems beyond our control which may affect the technical system supporting the normal operation of the Application.
“Customer Information” means Customer's personal information that Customer provides and declares to SWIFT247 through the Application, through Orders or through another transaction with SWIFT247, including but not limited to Name, Phone number, Email, Address, Information about Personal account number.
In these General Terms, unless the context expressly states differently:
The following goods and items are considered Prohibited Goods and can be denied delevering by SWIFT247:
The following goods and items are considered Conditional Carriage and can only be transported by SWIFT247's Services when the following corresponding conditions are met:
(*) At this time, SWIFT247 is not ready to receive and transport the goods with the conditions of carriage mentioned in sections 2.5 and 2.6.b, 2.6.c, 2.6.d, 2.6.e.
For batteries and products containing batteries inside, items containing liquid, please notify SWIFT 247 at least 24 hours before service.
It is the responsibility of the Customer to ensure that the Goods are properly packed, marked and labeled for transportation in accordance with the following specific specifications:
The Customer has the right to request SWIFT247 to provide Services to the Customer in accordance with the transaction performed.
The Customer has the right to request SWIFT247 to provide a financial invoice in connection with the Services provided to the Customer.
The Customer has the right to make a claim about the Services of SWIFT 247 or to claim of the Goods’ damages in accordance with these General Terms.
Customers must comply with the provisions of these General Terms throughout their use of the SWIFT247 Services. Only authorized personnel of SWIFT247 may change these general terms in writing. When a customer delivers goods to SWIFT 247 with oral or written instructions inconsistent with these general terms, SWIFT 247 will not be bound by such instructions.
It is the responsibility of the Customer to ensure that the Goods are properly packed, marked and labeled for shipment.
Merchandise contents (including but not limited to item quantity and weight) must be accurately described on the order.
In case the customer intentionally falsely declares the contents of the goods so that the goods are accepted for transportation while the actual contents of the goods are prohibited from being transported or transportation unaccepted goods, the customer will bear 100% of the cost and any additional shipping fee incurred (if any).
Example:
Customers ordering P2P delivery service (delivery service at the post office) for an order weighing 1kg with a service price of VND 158,000. The customer declares the content of the goods as "documents, clothes", but during the security check, the actual content of the goods is found to be liquid. Customers will have to bear a service fee of 158,000 VND.
The contents of the goods must be safely and carefully prepared and packed by the sender to protect the goods against the usual perils during transportation, or to perform other services including any related arrangements and/or handling.
The contents of the goods are not limited by IATA (International Air Transport Association The contents of the goods are not limited by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization - International Civil Aviation Organization) and are not items prohibited and neither the sender nor the receiver is a person or entity with whom we or the sender may not legally be able to do business under any applicable law or regulation.
The sender must accurately declare the weight of the goods.
The Customer is completely and solely responsible for providing, updating and maintaining the Customer Information, ensuring that the Customer Information, the information on the Order is free of any errors, mistakes or inaccurate details regardless of whether the information is outdated or obsolete and ensures that the information is provided correctly in all respects.
Provide full invoices and valid documents related to the Goods when sending/delivering/using the Shipping Services for SWIFT247 in accordance with the law.
In case, for any reason, the Customer fails to provide sufficient invoices and documents related to the Goods during transportation, SWIFT247 will not bear any responsibility arising if the Goods are inspected, temporarily seized or confiscated by competent government agencies during transportation due to insufficient invoices and documents.
In case the goods are damaged or lost during transportation, the Customer is responsible for providing full invoices and documents about the goods within 48 hours from the time SWIFT247 requests it to guarantee the right to receive compensation from SWIFT247.
Full payment of freight for SWIFT247 and other costs incurred is the responsibility of the Customer.
Customers preservess Customer Information on their own and may not disclose Customer Information to any third party in any way. SWIFT247 will not be liable in any event where a transaction is regularly performed based on Customer Information that is not due to a security breach from SWIFT247.
Provide Services in accordance with the agreement committed with the Customer.
Provide financial invoices in connection with the Services provided as the requested by the Customer.
Resolve complaints from the Customer toward the Service within the period announced to the customer.
Indemnify the Customer for damage if the Goods are lost, damaged or lost in transit, except for cases not covered by SWIFT247's compensation liability as prescribed in these General Terms.
Confidentiality of Customer Information and only use this information for the purpose of providing Services to Customers, except for cases where disclosure is required by law or a competent government agency.
Request Customer to provide Customer Information, accurate documents related to Customer.
Request customer to approve SWIFT247, Carrier or competent agency inspect goods formality and provide goods contents.
Refuse to transport the Goods in the event that the Goods are not packed in accordance with the specified specifications or contain Goods that are prohibited from being transported or do not meet the conditions specified for the Conditional Carriage or for other safety, security reasons.
Request the Customer to compensate for damage in the event that the Customer's Goods do not comply with the provisions of these General Terms, causing danger or harm to people, animals, goods and property of SWIFT 247 or Carrier or other third party.
Customer agrees that we or any governmental authority including customs and security may open and inspect customer's goods when there is any doubt about the contents of the goods.
If one or more provisions of these General Terms and/or any agreement between SWIFT247 and the Customer are invalid, illegal or unenforceable in any aspect under the laws of Vietnam, the validity and enforceability of the remainder of these documents and/or agreements shall not be harmed or affected.
SWIFT247 has the right to amend and adjust these General Terms from time to time and will notify the Customer through the official website of SWIFT247 and/or the Application and/or other official communication channels of SWIFT247.
In the event that the actual weight of the Goods exceeds the allowable difference as specified above, SWIFT247 will notify the Customer of the actual weight of the Order.
SWIFT247 has the right to refuse to ship the above Order, and the customer is responsible for paying SWIFT247 the related costs.
The customer is responsible for adjusting the actual weight of the Order and paying the fee for the weight difference (if any) on the App so that the order can continue its shipping journey. If the difference in freight is not paid, the Order will be kept at the warehouse of SWIFT247 according to the storage procedure specified in Article 4 below.
Note:
SWIFT247 will calculate the converted weight of all orders and compare it with the actual weight of the order to calculate service charges. Service charges will be calculated based on the larger weight.
SWIFT247 provides Delivery and Receiving Services at the recipient and/or sender's home. However, in case the receiver and/or sender's address is in an apartment building, high-rise building, SWIFT247 only supports delivery/receipt of Goods at the entrance of the apartment building, high-rise building or other suitable location.
Unclaimed goods are goods that are in one of the following cases:
Goods that the receiver refuses to receive and the sender also refuses to receive (referred to as goods refused to receive).
Goods cannot be delivered to the recipient and cannot be returned to the sender after three (03) days from the date the package is accepted.
In case the Customer does not purchase the Returned Goods Insurance Service due to the failure in delivering the goods:
Within three (03) working days, the Customer pays the shipping fee to SWIFT247 to the Customer's original shipping location.
After the return fee is paid, the Goods will be returned to the original place of shipment within a maximum of two (02) Working Days from the time the return fee is paid. SWIFT247 does not charge a storage fee for the period of pending payment for the return of the Goods
In case the return fee is not paid within the above period, SWIFT247 will put the Goods in SWIFT247's warehouse and change the status to "in storage" on the Application.
In case the Customer has purchased the Returned Goods Insurance Service package due to failure of delivering the goods: SWIFT247 guarantees that the Goods will be returned to the original sender's location, the returned goods insurance is valid up to 50% of the original shipping cost.
For normal goods, within the next fifteen (15) working days from the date the goods are put into storage, if the Customer agrees to take back the returned goods, the Customer must pay SWIFT247 the Storage costs that is based on the actual number of days of storage and shipping costs to the original location (if any).
Especially for perishable goods: the maximum storage time is five (05) working days.
In case the items inside the undeliverable goods are discovered damaged due to their natural characteristics and cause unsanitary conditions and environmental pollution, SWIFT247 has the right to make a record and decide to immediately destroy these item and goods.
If the Goods are still unclaimed after the above time limit, this Order ID will expire and be changed to the status of “Order unclaimed” on the App.
SWIFT 247 has the right to destroy or liquidate to any third party any Goods that are determined as Unclaimed Orders.
Note: storage cost is calculated as 20,000VND/day.
In case the Returned Goods are in their original condition, with no signs of loss or damage, the Customer and SWIFT 247's staff/person in charge/designee will confirm the condition of the Goods. and carry out procedures to receive the Goods. The Status of the Order on the App will be updated to “Received”.
In case the Goods have signs of loss, harmed or damaged: The customer and SWIFT247's staff/person in charge/designated partner shall jointly check the contents of the returned Goods, determine the Goods are of the correct Customer's Order and record the condition of the Goods at the time of receipt. Customer makes a refusal to receive goods and sends complaints directly, providing record and relevant evidences to SWIFT247 to support complaint settlement.
SWIFT247 refuses to accept any complaints arising after the Customer has signed and agreed to receive the returned Goods.
Note: the fee for returning the goods to the original destination is charged as a new order.
All complaints related to lost, harmed, altered or damaged Orders must be recorded and sent to SWIFT247 within 24 hours from the time the system records the delivery status.
The response time to receive complaints is calculated from the time SWIFT247 receives the customer's complaint minutes (within office hours) as follows:
Within 03 hours for complaints about order delivery/pick-up.
Within 24 hours for complaints for remaining cases (lost, misplaced, damaged goods).
Within 05 to 07 working days from the time of receiving the complaint, the Customer needs to provide sufficient evidence related to the complaint that has enough foundation to verify which party is at fault.
Customer's liability for damages: Customer must compensate for all actual damages incurred to SWIFT247 and related third parties (if any) in the case of:
Where Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929 (and any amendments thereto, including the Additional Protocol No.4 signed at Montreal on September 1975, or the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, May 28, 1999)) or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience collectively referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of SWIFT247 is governed by and will be limited according to the applicable rules. Under Vietnamese law, SWIFT247 is only liable to indemnify if it fails to do so with reasonable care and skill and SWIFT247's liability for compensation will be determined in accordance with the laws of Vietnam. In the event of a total loss, damage or exchange of items, SWIFT247 is obliged to indemnify: (a) in accordance with the laws of Vietnam (on the basis of actual loss, damage, or exchange occurred for the entire consignment); and (b) in all cases the liability for indemnification shall be equivalent to the minimum indemnification. provided for by the laws of Vietnam relating to international postal services from time to time (at the date of publication of the terms and this condition, the minimum limit of liability equivalent to 9 SDR/kg (calculated in increments of 500 grams, fractions in 500 grams), applies to the weight of the entire shipment, with condition that the total amount of compensation is in no case less than 30 SDR/shipment, plus a refund of the service charge paid by or on behalf of the shipper of the applicable international postal service). In the event of a part (but not all) loss, damage or exchange of a postal item, SWIFT247 is obliged to indemnify: (a) in accordance with the laws of Vietnam (on the basis of loss, damage, or actual exchange occurred for the relevant portion of the shipment); and (b) in all events no more than the amount of liability for total damage as mentioned above, unless otherwise agreed by the parties. In the event that a shipment is shipped later than the transit time committed by SWIFT247, SWIFT247 is responsible for refunding the international postage charges paid by or on behalf of its shipper from applicable nternational postal service. For the avoidance of doubt, none of the limitations of liability set forth in the preceding paragraphs shall apply to any claim related to indemnification arising out of any injury or death of any person.
SWIFT247 is not responsible for any damage or loss to Customer's Goods in the following cases:
The consignor or any other party claiming benefit in the consignment causes the shipper to breach his/her obligations under these terms and conditions, in particular, the obligations set out in paragraph 4.1.
An act or omission of any official in the Security, Customs, Aviation, Airport or Government sectors.