Ebaiyun Service Terms
This Service terms shall come into effect on the date of shipper’s signature. The parties to the contract are both the Ebaiyun and the shipper, and both parties are required to comply with these service terms. Shipment as used in these terms refers to the goods that have arrived at our company or signed by our staff, and the shipment shall apply the provisions on the limitation of liability in each article. If the shipper requires a greater degree of protection, you can purchase insurance separately. (If the service terms are updated, the system will be pushed to the shipper to confirm. All terms are subject to the latest terms of reference.)
1. Account audit certification
The shipper must register and certify on Ebaiyun website(www.by56.com) before using the service, and provide valid information to activate the account. Account activation is the only way to enjoy the normal service provided by Ebaiyun.
2. Shipment limited and prohibited
The shipment that the shipper agrees to deliver can be shipped. But the following shipment will not be received:
1) The shipment which belongs to the hazardous and dangerous goods stipulated by the International Air Cargo Association (IATA), the International Civil Aviation Organization (ICAO) and other relevant government departments or organizations, and the contraband and restricted goods (restricted delivery goods: batteries, Battery-containing items, emergency medicine for medical or scientific research, sports guns, live animals, non-standard magnetic objects, perishables, radioactive items, vaccines, private or official seals, etc.)
2) The shipment that Ebaiyun considers not to be shipped safely and legally(Including but not limited to: fake and shoddy goods, spray containers, alcoholic liquids, asbestos, butane lighters, medical waste, toxic substances, corrosive articles, food, tea, cash, checks, counterfeit money, drugs, dry ice, the inflammable and explosive ,obscene items, nonstandard magnetic objects, oxides and organic peroxides, weapons and ammunition, dissolved paint coatings, animal’s, cash, bearer negotiable notes, precious metals and minerals, firearms, ammunition, human, pornographic and illegal narcotic medicine or drugs and other items local laws prohibit mailing )
Ebaiyun has the right to inspect the sampling shipment without prior notice to the shipper. If the restricted or prohibited items are detected, Ebaiyun has the right to detain all the shipment, and not do delivery processing. The shipment will be returned to the shipper after one week of detention and the shipper is required to pay RMB100 once a time to Ebaiyun for the contraband inspection .
4. Delivery and nondelivery
The shipper ensures that the consignee's information should be accurate and complete. And the shipment can not be delivered in accordance with a PO Box or only by postal code, which will be delivered at the consignee's address provided by the shipper ( The first recipient of the post office delivery should be treated as the consignee), but it will not necessarily ship to the consignee himself directly. If the consignee’s address is provided with a centralized reception place, the shipment will be delivered to there. In any of the following circumstances, Ebaiyun will deal wih that in a reasonable manner based on the shipper’s requirements, so at the same time the shipper should bear the additional costs.
1) The consignee refuses to receive the shipment or pay the taxes;
2) The shipment is considered unacceptable;
3) The customs considers that the clearance materials provided by the shipper are incompatible with the actual goods (the shipper on the customs invoice shipped with the goods will be Ebaiyun, if the customs requirements to provide the clearance materials sealed by the real shipper, so the shipper must cooperate with the customs);
4) Unable to determine or find the consignee.If the shipper can not provide the timely advice or the destination government can not accept the shipper's advice, Ebaiyun will have the right to abandon the shipment, and Ebaiyun does not necessarily to take any responsibility for the shipper or other people.
The freight published on the Ebaiyun website does not include the additional charges for the remote and special products and special package. Some of the freight methods need to be calculated on the principle targeting the larger between the actual weight and the volume of the shipment. Ebaiyun has the right to reweigh and remeasure any shipment to confirm its calculated data .The shipper shall pay or return the freight, surcharges, warehousing charges, duties and other taxes charged by Ebaiyun or generated on behalf of the shipper, consignee or the any other third part.(some express delivery may not be able to know the additional costs in advance, the final cost is subjected to the carrier bill).Besides, when the shipment belongs to the non-delivery according to the Article 4 ,the shipper should also pay to Ebaiyun the costs constituted by the return freight, import costs, compensation, damages, penalty and other related charges.
6. Shipment returned
1) When the shipment that the shipper consigns Ebaiyun to ship belongs to any of the situation stipulated in the article 4, it shall be returned to the domestic operation center after mutual confirmation through Ebaiyun.
2) The time when the shipment returns back is not committed, which is subjected to the Ebaiyun notice .
3) As for the detained shipment for any reason, Eaiyun can provide free custody services for 7 days ,within which Ebaiyun will contact the shipper to ask for handling advice by telephone or e-mail ;more than which Ebaiyun will charge the shipper according to Shenzhen warehousing business. If the shipper has not given his/her views more than 6 months, Ebaiyun will destroy the shipment according to the circumstance.
7. The duty of Ebaiyun
The duty of the Ebaiyun under this Clause to the shipper is limited to direct losses, which does not exceed the limits published by each mode of transport. Considering that the shipper can insure the shipment with the special risk in advance, Ebaiyun does not bear any other loss or damage,(Including but not limited to profits, revenues, interest and losses of future business), whether such other losses or damages are exceptional or indirect, Whether Ebaiyun is aware of such loss or damage before or after the acceptance of the shipment. Only one claim can be made for each shipment, and this compensation will be used as a full and final solution to the loss and damage. If the shipper believes that the provisions of this clause on the compensation will not be sufficient to compensate for its losses, the value of the goods should be self-insured, otherwise the shipper will bear all the risks of loss and damage.
8. Shipment Tracking
If the delivery ways provided by the carrier for tracking lies in one of the following circumstances(except the express mail package), the shipper can apply to Ebaiyun:
1) The shipment is not the online tracking information according to the normal processing time;
2) The shipment fails to delivery during the committed time in the selected mode of transport;
3) The shipment is in a successful delivery on corresponding transport website, while the consignee does not receive the package (except the EUEXP)
4) The consignee reacts the shipment damaged, lost, and inconsistent with the original delivery shipment;
5) Unknown expenses.
If the shipper requires to track or claim the shipment, he /she should track based on the transport modes or conduct it during the track or claim time. Ebaiyun will not accept it beyond the limited time of the shipment, the specific requirements subjected to Ebaiyun official website; The shipper should ensure the shipment information detailed and accurate, because the relative information should be provided for tracking Under the condition that the shipment delivery information is inconsistent with the submitted information, or the information provided by shipper does not meet the information requirements, due to which the carrier has the right to refuse to track, and all losses and responsibilities are borne by the shipper. Due to the limitation of the time, space and transit links in the international shipment tracking, there will be differences in the tracking periods between different countries and different modes of transport. Ebaiyun will make reasonable efforts to track shipment for the shipper, but not to take the responsibility for the carrier's delay reply .
Any claim must be made after the end of the inquiry period.The shipper must provide the loss, damage or error shipment certifications, such as the consignee's description, photo etc.The total quantity and weight of the actual receiving shipments from Ebaiyun are not in line with the shipper's delivery list:
1) Quantity discrepancy: If Ebaiyun finds the shipment quantity has discrepancy with that stipulated on delivery list, we will submit the problem through the system, or inform the shipper to determine that by mail or telephone, and then transfer the shipment to the upper carrier.
2) Weight discrepancy:
* weight discrepancy in international postage and registration When the weight discrepancy falls within 100 grams, subjected to the actual receipt dates, Ebaiyun will not notify the shipper; if over 100 grams, Ebaiyun will notify the shipper by telephone to determine that and then transfer the shipment to the upper carrier. (The international postage shipment whose information the shipper hasn’t uploaded to the logistics system is subjected to the actual receipt weight, without any notice.)
* weight discrepancy in Lines and express delivery When the weight discrepancy falls within 500 grams, subjected to the actual receipt dates, Ebaiyun will not notify the shipper; if over 500 grams, Ebaiyun will notify the shipper by telephone to determine that and then transfer the shipment to the upper carrier.
Service providers who provide the quantity, weight discrepancy information service only fulfill their feedback obligation ,and the loss caused by the discrepancy is out of their commitments.
1） Ebaiyun loss
Ebaiyun will bear the compensation liability if the shipment is lost during the period from Ebaiyun receiving the shipment to sending it to the carrier. The compensation amount shall be the lower between the declared value on Ebaiyun website and the actual value of the shipment(according to the purchase voucher and invoice provided by the shipper). The maximum amount of compensation for a single parcel is no more than $ 100.
2) Carrier loss
After Ebaiyun shipping the shipment to the carrier, the carrier will provide the relevant transfer voucher. If the shipment is lost, the liability lies in the carrier. Ebaiyun will assist the shipper in claiming to the carrier, and the amount of the claim shall be executed in accordance with the compensation provisions of each mode of delivery.
3）wrong address caused by Ebaiyun operation
If the shipment is shipped to a wrong destination because of Ebaiyun mistaken operation,Ebaiyun will return the express cost to the shipper but Ebaiyun has the right to choose the lower between the declared value on Ebaiyun website and the actual value of the shipment as a compensation.Besides,the postage from abroad back to Shenzhen is on Ebaiyun’s account,which will be calculated based on the postage principle of a wrong address transferred to a correct address in the lowest cost way. But Ebaiyun does not bear the indirect economic loss due to the wrong address.
4) parcels loss caused by customs examination
When the parcels goes through the customs, the customs will take out the parcels for inspection, which may result in a parcel loss, the shipment loss ( all or partial shipment ), or detained by the customs.For the aforementioned,Ebaiyun does not bear any responsibility .
5) handling terms of fake, counterfeit, prohibited products, limited goods and other cargo :
Ebaiyun will not ship the goods after the shipper has a good knowledge of that ,such as:Cash, flammable, explosive, fragile items, articles that violate copyright, intellectual property rights, illegal items, and embargoes provided by airlines and laws.Ebaiyun shall not be liable for any loss caused by the shipper’s breach of shipping the above prohibited goods and shall retain the right to investigate legal obligation to the shipper.
1) Referential timeliness
The delivery time showing on Ebaiyun is represent the time from the beginning of the operation in corresponding query site to the time of arrival, but does not include the pickup time by Ebaiyun and the time of sorting in Ebaiyun’s warehouse and customs clearance. This reference time is not a commitment and not included in the agreement. Ebaiyun does not take responsibility for loss and damage caused by delay of transport.
2) Force majeure factor
Ebaiyun does not take responsibility for loss and damage caused by uncontrollable reasons. These include, but not limited to: Natural disasters, such as earthquakes, tornadoes, storms, floods, fogs, etc;War, air crash or embargo, force majeure;The inherent defects or characteristics of the shipment. (whether or not it is known by Ebaiyun);
Riots or civil unrest;
Action made by the people who do not have the a contractual relationship with Ebaiyun, such as a shipper, consignee, third party, customs or other government department.
3) The route
The shipper will be required to accept all the routes arranged by Ebaiyun and the upper carrier; it would be including the possible transit point, which causes the longer delivery time. Ebaiyun does not take any commitment on this.
11. The shipper's warranty and liability
If the shipper violates the relevant laws and regulations or violates the following warranties and statements, which causes loss and damage on Ebaiyun, the shipper shall bear all the costs and damages.
1) All information provided by the shipper or his agent is complete and accurate;
2) The goods are prepared by the shipper or his employees in a safe manner;
3) The person who prepared the goods for the shipper is trustworthy;
4) The shipper should ensure that the goods would not be interfere by others when they are in preparation, storage or transport process;
5) All the goods are marked with complete and accurate, clear address, packed properly, suitable for safe transportation under general attention;
6) Meet the relevant customs and import and export regulations, as well as other laws and regulations.
1) Ebaiyun promises that the account information provided by the shipper is kept in good condition and is not used in addition to the account certification;
2) The shipper shall ensure information provided by Ebaiyun in the service is confidential to the third party. Such information shall include the agreed rate, financial status and technical information of the two parties.
3) The shipper should ensure the safety of the account number and password registered in Ebaiyun’s system. Ebaiyun do not take responsibility if shipper do not protect their account safely and cause any loss.
13.Legal application and dispute resolution
If shipper does not satisfy with the content and the implementation and cause disputation, both parties should resolve the problem friendly. Otherwise, either party had the right to sue in people’s court.
The invalidity or non-enforceability of any part of these Terms shall not affect the validity and enforcement of other provisions.