China Direct Store Terms and conditions
AUSTRALIA POST CHINA DIRECT STORE TERMS AND CONDITIONS OF CARRIAGE (“Terms”)
- b) Where there is any inconsistency between these Terms and the Australia Post Terms and Conditions, these Terms will prevail to the extent of the inconsistency.
Except where they are defined below, all words and phrases used in these Terms have the same meaning (if one is given) as in the Australia Post Terms and Conditions, provided however, that where there is any inconsistency, the meaning shall be as defined in these Terms to the extent of that inconsistency.
In these Terms unless the contrary intention appears:
- a) “Australia Post” means the Australian Postal Corporation (ABN 28 864 970 579), of 111 Bourke Street, Melbourne in the State of Victoria.
- c) “Australia Post Terms and Conditions” means the terms and conditions made under section 32 of the Australian Postal Corporation Act 1989 (Cth), as amended from time to time, and available at https://auspost.com.au/terms-conditions
- d) “Consignor” means the person or persons paying for the services and /or the person or persons completing any documentation related to the services.
- e) “GST” or “Goods and Services Tax” has the meaning ascribed to that term in Division 195 of the A New Tax System (Goods and Services Tax) Act 1999 (‘GST Act’), as amended from time to time.
- f) “Prohibited Goods” include any goods which appear on any applicable list of prohibited goods as determined by:
- i. Australia Post from time to time for the services and/or for the country of destination. For more information, please refer to the International Post Guide available at http://auspost.com.au/parcels-mail/international-post-guide.html#/ , and the Australia Post Dangerous and Prohibited Items Guide available at https://auspost.com.au/sending/check-sending-guidelines/dangerous-prohibited-items ; and
- ii. the import and export and customs law of the country of origin, destination or transit in connection with the delivery of the Shipment.
- g) “lost” means unable to be found or located after reasonable inquiries by Australia Post and includes circumstances where Australia Post reasonably believes that a Shipment has not been delivered.
- h) “Shipment” means one or more parcel items containing goods (including any packaging material and other items or materials attached to the parcel) to be delivered by any of the services selected by the Consignor.
- i) “Recipient” means the addressee to whom the Shipment is sent.
- j) "service" means:
- i. the Australia Post China Express service, the Australia Post China Standard service, and the Australia Post Global Logistics Standard and Premium services provided by Australia Post from the Australia Post China Direct Stores; and
- ii. the Australia Post China Express service and Australia Post China Standard service provided by Australia Post at participating Australia Post retail outlets, with the features of each service described in documents available at the point of sales, and available at, https://www.chinadirect.auspost/media/apcd/467_ChinaDirect_ParcelProducts_HR_R.PDF . See below for the list of participating Post Offices.
- k) “these Terms” means these Australia Post China Direct Store Terms and Conditions of Carriage, as amended from time to time, and available at https://auspost.com.au/terms-conditions .
3 Estimated Delivery Times - No Liability for Delay
- a) Estimated delivery times for each service:
- b) are described in documents available at the point of sale and at https://www.auspost.com.cn/en;
- i. are between metropolitan areas of major cities and delivery outside of those areas will take longer; and
- ii. exclude any time in customs and delay due to causes outside of Australia Post’s control.
- c) The delivery times are estimates only, and subject to any applicable laws which cannot be excluded by these Terms, Australia Post will not be liable to the Consignor or any third party for any delay in delivery.
- a) The charges agreed for the provision of the services will be payable at the point of sale.
- b) Where Shipments are carried using the Australia Post Global Logistics Standard and Premium services, charges are inclusive of any taxes, customs duties and fees that may be imposed by the customs authority of the country of destination.
- c) Where Shipments are carried using the Australia Post China Express service or the Australia Post China Standard service, charges are exclusive of any taxes, customs duties and fees that may be imposed by the customs authority of the country of destination. Any such taxes, customs duties and fees are payable by the Recipient and delivery of the Shipment is subject to the Recipient making such payment. If the Recipient refuses to make such payment, Australia Post will be entitled to, at its discretion, either release, dispose of, or otherwise return the Shipment to the Australia Post China Direct Store or return the Shipment to the Consignor, subject to the Consignor paying Australia Post any GST payable in connection with the Shipment to the extent any of the parcel items are purchased by the Consignor exclusive of GST from the Australia Post China Direct Store. If necessary for the return of Shipments, the Consignor agrees that a corresponding returnable label as per Australia Post’s requirement shall be attached to such Shipment. The Consignor will use best efforts to assist Australia Post in returning such Shipment and particularly furnish all necessary customs documents and all other documents and information which may be required for the return.
5 Limitation of liability
- a) Australia Post is not a Common Carrier and will not be liable as if it were a Common Carrier.
- b) To the extent permitted by law, Australia Post’s liability for any loss or damage of any kind whatsoever (including loss of profits, interest or future business or any special, indirect or consequential loss), however it is caused, in relation to the provision of the services and the carriage of the Shipments (including but not limited to lost or damaged Shipment, delay, mis-delivery or failure to deliver) is strictly limited to direct loss and the limits of liability set out in this clause 5.
- c) Subject to clause 5(h), and to the extent permitted by law, Australia Post’s liability to the Consignor and any other person in relation to the provision of the services and the carriage of any one Shipment will be limited to:
- i. for lost Shipment carried using the Australia Post Global Logistics Standard service, an amount limited to: (A) the Shipment’s declared value or A$100, whichever is lower; and (B) a refund of the charges originally paid by the Consignor to Australia Post for the relevant service;
- ii. for lost Shipment carried using the Australia Post Global Logistics Premium service, an amount limited to: (A) the Shipment’s declared value or A$150, whichever is lower; and (B) a refund of the charges originally paid by the Consignor to Australia Post for the relevant service;
- iii. for lost Shipment carried using the Australia Post China Express service, an amount limited to: (A) the Shipment’s declared value or A$200, whichever is lower; and (B) a refund of the charges originally paid by the Consignor to Australia Post for the relevant service;
- iv. for lost Shipment carried using the Australia Post China Standard service, an amount limited to: (A) the Shipment’s declared value or A$150, whichever is lower; and (B) a refund of the charges originally paid by the Consignor to Australia Post for the relevant service;
- v. for any damage to Shipment carried using any of the services, a refund of the charges originally paid by the Consignor to Australia Post for the relevant services.
- d) All claims must be submitted to Australia Post in writing within the timeframes set out below, failing which Australia Post will have no liability whatsoever:
- i. a claim for lost Shipment carried using the Australia Post China Express service must be made within 30 days after Australia Post has accepted the Shipment;
- ii. a claim for lost Shipment carried using the Australia Post China Standard service and Australia Post Global Logistics Standard and Premium services must be made within 180 days after Australia Post has accepted the Shipment;
- iii. all claims for damage to Shipment must be made within 5 business days after the Recipient has received the Shipment.
- e) Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection with the Shipment. Only the Consignor can make a claim. Recipient cannot make a claim. For details of the claim process, please contact the Australia Post China Direct Store.
- f) Notwithstanding the liabilities set out in clause 5(c), where the Shipments are carried using the Australia Post Global Logistics Standard or Premium services, one of the international conventions specified in the Civil Aviation (Liability of Carriers) Act 1959 (Cth) may apply to limit Australia Post’s liability for any loss or damage to the Shipments. Where applicable, the Shipment will be subject to the rules relating to liability established by the applicable convention.
- g) Subject to clause 5(h), Australia Post shall not be liable to any person for:
- i. any loss of profits, interest, income, utility or loss of market opportunities or any consequential or special damage or other indirect loss, however it is caused;
- ii. any loss or damage caused by the act, default or omission of the Consignor, Recipient or any other party including customs, government officials or any third party.
- h) Notwithstanding the above terms and conditions, the provisions of these Terms shall be read subject to any implied terms, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable Commonwealth or State legislation and, to the extent that such legislation permits a supplier to limit its liability for breach thereof, the liability of Australia Post is limited at its discretion to the re-supply of the service or the cost of re-supplying the service or a refund in respect to that service.
- a) The Consignor indemnifies Australia Post against any liability whatsoever arising in respect of the Shipment, to any third party who claims to have, who has or who may have in the future any interest in the Shipment or any part thereof.
- b) The Consignor shall be liable, and indemnify Australia Post, for any costs, expenses, fines, damage or loss arising from:
- i. any third party claims resulting from the transportation or delivery of Prohibited Good or any goods that is dangerous or prohibited by postal or customs regulations or prohibited from delivery by air under relevant aviation security or other laws of the country of origin, destination or transit;
- ii. the Consignor’s failure to comply with clauses 7(a) to 7(e) and clauses 8(a) and 8(b);
- iii. the abandonment or release of the Shipments in the circumstances described in clause 8(d), and the return of Shipments in circumstances described in clause 4(d); and
- iv. any taxes, customs duty, excise duty or other costs which may be imposed by any customs authority in respect of the Shipments.
7 Consignor’s Obligations and Acknowledgments
- a) The Consignor warrants that in agreeing to these Terms they own (or have the authority of, and are acting as the agent of), the person or persons owning or having any interest in the Shipment or any part thereof.
- b) The Consignor warrants that the Shipment does not contain any Prohibited Goods or any goods that is dangerous or prohibited by postal or customs regulations or prohibited from delivery by air under relevant aviation security or other laws of the country of origin, destination or transit.
- c) The Consignor warrants that the Shipment:
- i. has been safely and appropriately packaged in view of its nature and the risks ordinarily associated with the carriage and storage of such goods; and
- ii. complies with Australia Post’s packaging requirements and guidelines, available at the point of sale and at www.auspost.com.au
- d) The Consignor warrants that it has complied with all applicable customs, import, export and other laws and regulations of all countries to, from or through which the Shipment may pass. Australia Post is authorised, but is under no obligation, to complete on the Consignor’s behalf any documents required to comply with such laws and regulations, and to act as the Consignor’s forwarding agent for customs and export control purposes.
- e) The Consignor certifies that all information provided to Australia Post orally, or set forth in any customs declaration and any other documents related to the services, is accurate and complete.
- f) The Consignor acknowledges that Australia Post is not obliged to check whether a Shipment contains Prohibited Goods. However, Australia is entitled to open Shipment and to inspect its content to determine their nature, value, origin, destination or any other matter reasonably necessary for the effective provision of the services by Australia Post.
8 Customs Declaration and Dangerous Goods
- a) The Consignor is obliged to comply with all applicable import and export regulations and the customs regulations of the country of origin, destination and transit. The Consignor must complete all documentation required truthfully and completely for the purposes of any overseas customs authority and any applicable laws prior to the provision of services.
- b) The Consignor must ensure that a full description of the Shipment is given on the applicable customs form, disclosing the nature and value of the Shipment. Australia Post does not assume any liability for the content of the Shipment and the accompanying document, even if the Shipment is packed by or on behalf of Australia Post and/or the documents are prepared by or on behalf of Australia Post upon the Consignor’s request. The Consignor remains solely responsible for all risk and consequences of importing and exporting the Shipment.
- c) Australia Post reserves the right to refuse to carry any Shipment that it decides are dangerous or prohibited, but if, in its sole discretion, Australia Post decides to carry such Shipment, then Australia Post may:
- i. require such Shipment to be repacked to comply with requirements set out in the Australia Post Terms and Conditions; and
- ii. impose additional charges for the carriage of the Shipment.
- d) Australia Post reserves the right to destroy, dispose of, abandon or render harmless without compensation to the Consignor any Shipment which, in the opinion of Australia Post:
- i. are, or are liable to become during carriage, of a dangerous, inflammable, explosive, volatile, offensive or damaging nature;
- ii. have not been packed or correctly described in accordance with clause 8(b) or repacked in accordance with clause 8(c)(i);
- iii. which the Consignor has undervalued for customs purposes or mis-described, whether intentionally or otherwise; or
- iv. which otherwise Australia Post declares to be unacceptable, without incurring any liability whatsoever to the Consignor.
9 Goods and Services Tax
- a) This clause 9 applies in the event GST applies to any services and/or goods supplied by Australia Post to the Consignor exclusively from the Australia Post China Direct Store. Unless the contrary intention appears, words or expressions used in this clause 9 which are defined in the GST Act have that same meaning.
- b) All agreed prices and amounts payable for services and/or goods supplied by Australia Post exclusively from the Australia Post China Direct Store as consideration have been calculated without including an amount for GST. In addition to any GST exclusive amounts payable, the recipient of a taxable supply must pay an amount equivalent to the GST payable by the supplier of a taxable supply in respect of a taxable supply.
- c) The supplier of a taxable supply under these Terms will issue a compliant tax invoice to the recipient of the taxable supply.
- d) If a supply made under these Terms is treated as not subject to GST but is or becomes a taxable supply the supplier may charge and recover from the recipient in addition to any other consideration, an amount equivalent to the GST payable in respect of that taxable supply.
- e) If in relation to a supply made under these Terms an adjustment event occurs that gives rise to an adjustment, the price of that supply (including any GST amount) will alter accordingly and where necessary a payment will be made to reflect the price adjustment.
- f) This clause 9 survives the completion of the provision of goods and/or services contemplated by it.
Participating Post Offices for the China Express sending option:
1. ARMIDALE POST SHOP NSW
2. BELCONNEN POST SHOP ACT
3. BOX HILL VIC
4. BROADWAY POST SHOP NSW
5. BUNDOORA LPO VIC
6. BURWOOD EAST LPO VIC
7. BURWOOD NORTH LPO NSW
8. CHADSTONE CENTRE POST SHOP VIC
9. CHATSWOOD POST SHOP NSW
10. CHATSWOOD CHINA STORE NSW
11. EASTWOOD NSW
12. FOREST HILL POST SHOP VIC
13. FRANKLIN ST VIC
14. HAYMARKET POST SHOP NSW
15. HOLMESGLEN LPO VIC
16. HURSTVILLE WESTFIELD POST SHOP NSW
17. KYABRAM POST SHOP VIC
18. MACQUARIE CENTRE POST SHOP NSW
19. MELBOURNE FLINDERS LANE VIC
20. MISSENDEN ROAD LPO NSW
21. MONASH UNIVERSITY LPO VIC
22. POINT COOK LPO VIC
23. QVB MARKET STREET POST OFFICE NSW
24. SYDNEY UNIVERSITY LPO NSW
25. THE GLEN POST SHOP VIC
26. WORLD SQUARE POST SHOP NSW