Legal
Published: July 2022 · Last updated: July 23, 2022
"Amilo" means Amilo Vietnam Joint Stock Company.
"Logistics Services" means any services provided by Amilo.
"Fulfillment Services" includes, but is not limited to, the Storage, Management, and Order Fulfillment processing according to the agreements between the Parties.
"Shipping Services" includes, but is not limited to, the collection of goods and the transportation of domestic and global shipments through selected logistics partners.
"GTC" means the General Terms and Conditions used by Amilo.
"Products" means one or more items of any type of goods that the Customer hands over to Amilo to perform Fulfillment Services, or one or more postal items or parcels containing goods, press, direct marketing materials, or other items or materials that the Customer hands over to Amilo to perform Amilo's Shipping Services, which may be transported and delivered by any means of transport chosen by Amilo, whether by air, road, or any other means of transport. Each such shipment is transported under limited liability in accordance with these GTC.
"The Parties" means the Customer and AMILO, and "Party" is understood as either the Customer or AMILO.
"Customer" means the Party receiving Logistics Services from Amilo under a corresponding agreement.
"Recipient" means the addressee to whom the PRODUCTS are sent.
"Prohibited Goods" are goods defined in Section IV of these GTC.
- These GTC shall apply to all agreements between Amilo and the Customer regarding Logistics Services and any ancillary Logistics Services, unless Amilo agrees otherwise in writing.
- As part of the Logistics Services, Amilo may provide links to websites operated by Third Parties. Amilo is not responsible for the collection or processing of personal data, or the operations or content of such Third-Party websites. Users should review the terms of use and privacy policies of those websites before using them.
- The Customer agrees to be bound by the GTC at the time of opening an account. Any amendments to the GTC will be posted at amilo.vn or can be obtained directly from Amilo upon request. The Customer's continued use of Amilo's services, including but not limited to Logistics Services or any Amilo website, shall constitute the Customer's consent to the amended version of the GTC, and the Customer also agrees to comply with the terms of use and privacy policy posted at amilo.vn.
- The Customer's general terms and conditions shall not apply and are expressly excluded hereby, even if Amilo has accepted the Products without any explicit objection. Any terms and conditions amending or supplementing these GTC must be agreed upon by the Parties in writing.
- Contracts related to Logistics Services are concluded between the Customer and Amilo either in writing or by the handing over of Products and the corresponding acceptance of such Products for fulfillment, transportation, and delivery under these GTC.
- Amilo receives the Products from the Customer at Amilo's locations or picks up such Products at locations agreed upon by the Customer to manage Amilo's Shipping Services and Fulfillment Services.
- The Customer must label the Products accurately and provide all necessary details so that Amilo can perform its services, including fulfillment, transportation, and delivery, as well as handle damage claims and/or Product returns, as applicable.
- Amilo will only accept special instructions from the Customer regarding the Products if these instructions are communicated in an agreed format or in a separate agreement between the Parties. Amilo is not obligated to comply with any special instructions if they are only issued after the Products have been handed over for the performance of Fulfillment Services and Shipping Services.
- The Customer agrees to all routing and diversions, including the possibility that the Products may be transported through intermediate stops, at Amilo's sole and absolute discretion.
- Amilo will not perform Logistics Services for any Products considered Prohibited Goods. Prohibited Goods include, but are not limited to, the following items:
- Any Product whose content, external appearance, transportation, or storage violates legal prohibitions or is banned by a state authority, specifically the export, import, or customs regulations of the country of origin, destination, or transit, or goods requiring special equipment (e.g., temperature-controlled goods), safety requirements, or authorization.
- Products or items whose storage is prohibited or specifically restricted under applicable laws and regulations.
- Any Product, mode of transport, and/or storage subject to dangerous goods regulations, including but not limited to goods that are not entirely unrestricted under applicable laws and regulations.
- Any Product that infringes intellectual property rights, including counterfeit goods, replicas, or unlicensed Products (trademark or copyright infringement).
- Any Product whose content or external characteristics could cause death, injury, or infection to persons, or cause property damage.
- Any Product involving or containing live animals or human remains.
- Products containing stimulants or illegal drugs.
- Products containing cash or other payment methods, precious metals, artworks, jewelry, luxury watches, gemstones, other valuable items, or stocks (unless Amilo agrees otherwise at its sole and absolute discretion).
- Products related to or containing weapons, especially firearms or firearm parts, replica weapons, or ammunition; and Products related to or containing pornographic or sexually explicit materials.
- The Customer warrants that the Products do not contain any Prohibited Goods and have been properly packaged and adequately protected. The Customer shall indemnify Amilo against any liability for third-party compensation claims arising from the transportation or delivery of Prohibited Goods or other unacceptable or illegal goods.
- The Customer undertakes to indemnify Amilo immediately upon first demand for any losses or damages arising from any alleged third-party compensation claims and any other losses or damages incurred by Amilo due to the fulfillment, transportation, or delivery of Prohibited Goods. The Customer's indemnification also covers costs incurred by Amilo relating to the provision of information, confiscation by customs or other authorities, and any penalties imposed on Amilo.
- If the Products contain Prohibited Goods or fail to comply with Section IV (1) above or other provisions of these GTC, Amilo shall have the right to: (a) refuse to accept the Products; (b) if the Products have already been handed over, abandon, dispose of, hand over to competent authorities, return, or store them until the Customer collects them, and invoice the Customer for the additional costs incurred; or (c) transport the Products without notifying the Customer and, if necessary, choose an alternative route and invoice the Customer for the resulting additional costs; without bearing any legal liability to the Customer, the Recipient, or any other third party.
- Amilo is under no obligation to check whether the Products contain Prohibited Goods. However, Amilo reserves the right to open the Products and inspect the contents if it suspects that the Products contain Prohibited Goods. Additionally, Amilo reserves the right to open and inspect the Products without prior notice for security, customs, or other legitimate reasons.
- Products will be delivered to the Recipient's address designated by the Customer, though not necessarily handed to the Recipient personally. Products addressed to central mail receiving departments will be delivered to that department.
- If necessary for the return of undeliverable Products, the Customer agrees to attach the corresponding return label to the Product as requested by Amilo. The Customer shall make best efforts to assist Amilo in returning such Products, specifically by providing all necessary customs papers and any other documents and information that may be required for the return.
- If the Recipient refuses to accept the Products or refuses payment, Amilo reserves the right to release, sell, destroy, or dispose of such Products without incurring any legal liability to the Customer, the Recipient, or any other Third Party, provided that Amilo has made reasonable efforts to return the Products at the Customer's expense, or if applicable law prohibits or prevents the return of such Products to the Customer.
- Unless special instructions are issued, Amilo has the right to determine the timeframe and manner (i.e., individual returns or on a consolidated basis) and the method of transporting the returned Products.
The Parties shall not bear any liability for loss of profit, loss of revenue, loss of market, loss of goodwill or reputation, third-party claims, incidental or special or indirect damages, or consequential damages of any other kind.
- Amilo's liability for the loss of and/or damage to Products related to Logistics Services caused by the fault of Amilo or Amilo's employees shall be compensated by Amilo at the full purchase value for severely lost or damaged Products (damage affecting the functionality of the Product, rendering it unusable for its intended purpose).
- Amilo's liability in any other cases (including unexplained loss and/or damage to Products in the Warehouse) is limited to a maximum of no more than 30% of Amilo's revenue from the services provided to the Customer in a single month.
- All exclusions and limitations contained in these GTC shall apply to any claims under the agreed Contract (including in indemnity or warranty), tort (including negligence), equity, restitution, or otherwise.
- The Customer warrants that the performance of the Logistics Services will not expose Amilo or its employees, servants, agents, subcontractors, insurers, or reinsurers to any form of sanctions, embargoes, or penalties by any country, state, international governmental organization, or relevant authority (collectively referred to as "Sanctions").
- The Customer specifically warrants that:
- The Products do not include any goods included in the prohibited lists stipulated from time to time by the country of origin, destination country, and any transit country.
- The delivery, storage, and handling of the Products will not violate any prohibitions enacted from time to time by the country of origin, destination country, and any transit country.
- The storage and handling of these Products will not result in the provision of any financial funds or economic resources, directly or indirectly, for the benefit of any individual or organization listed under any Sanctions.
- The Customer agrees, upon Amilo's request, to provide full information regarding the nature of the Products and their intended use, as well as the identification of all Parties with legal, financial, or commercial interests related to the Products.
- The Customer shall indemnify Amilo for all damages, losses, fines, and costs, including but not limited to causing Amilo, its employees, servants, agents, subcontractors, insurers, or reinsurers to be subject to any Sanctions arising from or as a result of failing to provide adequate legal documents, non-declaration, or illegal, inaccurate, and/or inappropriate declarations regarding the Customer's Products, or from any other reason related to the Products for which Amilo is not responsible.
The Customer warrants that:
- The Products will not include any goods listed on the prohibited goods lists as regulated by the United States, the United Nations, the European Union, the country of origin, the destination country, and any transit country.
- The storage and delivery of the Products to the intended recipient will not violate any prohibitions set forth by the United States, the United Nations, the European Union, the country of origin, the destination country, and any transit country.
- The storage and delivery of the Products will not result in any financial funds or economic resources being provided, directly or indirectly, to or for the benefit of any person, organization, or entity listed or designated under any Sanctions.
If Amilo determines that the Products may cause Amilo or its employees to violate Sanctions, then:
- Amilo may refuse to store or deliver the Products or, without notice to the Customer, take any measures and/or incur any additional costs to transport or continue transporting the Products, and/or abandon the Products and/or store the Products at any location.
- The Customer shall indemnify Amilo for any additional costs incurred.
- The Customer shall indemnify Amilo against any and all claims from any third party relating to the Products.
- Amilo may, without notice to the Customer, provide any country, international governmental organization, or competent authority with full information regarding the Products, including the identity of all parties with any legal, financial, or commercial interests in the Products.
Amilo is not liable for any loss or damage arising from circumstances beyond Amilo's control. This includes, but is not limited to:
- Electrical or magnetic damage to, or erasure of, electronic or photographic images, data, or recordings.
- Any defect or characteristic related to the nature of the Products, even if known to Amilo.
- Any acts or omissions by a person not employed or contracted by Amilo, e.g., the Customer, Recipient, third party, customs, or other government officials.
- Force majeure events — e.g., earthquakes, cyclones, storms, floods, fog, radioactive contamination, pandemics, war, plane crashes or embargoes, riots or civil unrest, strikes, or industrial disputes.
The Customer shall indemnify Amilo for liability regarding loss or damage due to the Customer's failure to comply with the following warranties and representations:
- All documents and information provided by the Customer or the Customer's representatives are complete and accurate.
- The Products are acceptable for storage and transportation according to Section IV above.
- The Products were prepared in secure premises by trustworthy persons and protected against unauthorized interference during preparation, storage, and transportation to Amilo.
- The Products are properly labeled, addressed, and packaged to ensure safe transportation with ordinary care in handling.
- The Customer has complied with all applicable customs, import, export, data protection, sanctions, embargoes, and other relevant laws and regulations.
- The Customer has obtained all necessary consents to provide Amilo with personal data, including the Recipient's data, as required for transportation, customs clearance, and delivery.
In the event that any information submitted by the Customer to Amilo contains personal data subject to applicable privacy and data protection laws and regulations, Amilo will restrict the disclosure and processing of such personal data to the extent necessary to perform the services, manage and administer the Customer's account with Amilo, advertise products and services provided by Amilo, and for other purposes as required by law, including communication with customs authorities.
The Customer warrants that all personal data provided to Amilo has been collected lawfully and fairly, and that the Customer has the right to disclose such personal data to Amilo for the aforementioned purposes. The Customer shall indemnify and hold Amilo harmless against any liability arising from the breach of this provision, regardless of the cause.
- Any dispute arising out of or in connection with these General Terms and Conditions shall be resolved under the non-exclusive jurisdiction of the courts and governed by the laws of the country where the Products are handed over to Amilo.
- The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect any other part of these General Terms and Conditions.
- A person who is not a party to these General Terms and Conditions has no right to enforce any provision of these General Terms and Conditions under any law intended to grant such rights, which is excluded to the extent permitted, but this does not affect any rights or remedies of a third party that exist or are available outside of such laws.