GENERAL TERMS AND CONDITIONS OF CARRIAGE & OTHER SERVICES
The following apply to the general terms and conditions set out below that govern the contract of carriage and other services between you (consignor) and us. Dia Group Inc. means Dia Group Incorporation and its subsidiary companies. By giving us your shipment you accept our general terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not.
Products and Services
Unless otherwise agreed in writing, the transportation products and services mentioned in these web pages are subject to Dia Group Inc. terms and conditions of carriage. Since these may vary depending on the location, the country of origin of the shipment, please contact the nearest Dia Group Inc. service center to obtain a copy of the local terms and conditions. Not all of Dia Group Inc. products and services may be available in every country.
Warranty (Shoes Division)
As for all shoes, custom made or suppliers (vendors) brand, we stick to the regular manufacturer’s warranty and we try to resolve any complaints properly. We would like to receive your complaint as soon as possible with information’s and pictures via email: firstname.lastname@example.org within 3 days so that we could offer a possible solution. It may be necessary that the pair for review be sent to our location in Rotterdam, The Netherlands. If the complaint appears justified, we will refund the shipping costs. Defects that are not caused by wear are expertly repaired or if repair is not possible you get a replacement pair or a refund. Complaints we cannot reimburse are: wear to soles and heels, issuing and wear of linings by excessive perspiration, broken zippers and other defects caused by misuse, which is not the seller’s liability.
Warranty Disclaimer (Import-Export Division)
The services, the content and the information on this website are provided on an ?as is? basis. Dia Import-Export division to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Dia Import-Export division, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Dia Group Inc. website or systems. No information obtained via the Dia Group Inc. systems or website shall create any warranty not expressly stated by Dia Group Inc. in these terms and conditions. Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
Limitation of Liability
To the extent permitted by law, in no event shall Dia Group Inc. its affiliates or licensors or any third parties mentioned at the Dia Group Inc. website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Dia Group Inc. website and systems, services, content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Dia Group Inc. is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall Dia Group Inc. total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed ?100.00 to the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
Dangerous Goods and Security
Except in certain circumstances, we do not carry, nor perform other services regarding goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods. We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment. Certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from our nearest Dia Group Inc. office.
• You must ensure and certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security.
• You must give us a full description of the contents of the shipment on the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information.
• Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, illegal drugs and explosive trace detection or other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
• You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
• Since we do not accept shipments that contain prohibited items. We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
Law and Jurisdiction
In the event that any term or condition is declared invalid or unenforceable, such a determination shall not affect the other provisions of this contract all of which remain in force. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of Dia Group Inc. that accepts your shipment for carriage or performs other services is based.