Shipping and Delivery Policy - JSARK LOGISTIX

Welcome to JSARK! This shipping and delivery policy (“Policy”), together with the Terms and Conditions, outlines our policies and procedures for the delivery and shipping of products purchased on the Website. By agreeing to use our Website and/or purchasing a product on the Website, you agree to be bound by the terms of this Policy without modification.

Shipping and Delivery

1.1 We offer shipping and delivery of our products worldwide. We partner with leading logistics service providers to ensure that you have a hassle-free experience in receiving the Product that you have ordered from the Website.

1.2 We make all commercially reasonable endeavours to ensure that the Products are delivered to you in a timely fashion. However, delivery may be delayed on account of logistical issues beyond our control, unsuitable weather conditions, political disruptions, strikes, governmental restrictions, acts of God such as floods, earthquakes, and other unforeseeable circumstances. In such events of delay, we shall make reasonable attempts to inform you via your email ID and/or mobile number registered with us.

1.3 You shall ensure that all information that is submitted by you to us on the Website is true, complete, accurate, and sufficient to identify the actual place of delivery. You understand that you shall bear absolute liability in case of any failure by us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order.

1.4 We reserve the right to ship and deliver the Products on our own without engaging any Logistic Partners or third-party service providers.

Terms of Shipping and Delivery

2.1 We partner with third-party logistic service providers ("Logistic Partners") to effectuate Product shipping and delivery to you. We shall provide the details of the Logistic Partners which will be responsible for processing the shipping and delivery of any Product(s) purchased by you on the Website at the time such Product is processed and successfully handed over to the Logistic Partner by us. In any case, the user will be provided with an estimated timeline for the delivery of the Product purchased from the Website. This estimated timeline shall be notified to the user on the order confirmation page displayed at the time the order is confirmed by us. We will also share details about your orders pursuant to their dispatch on the e-mail ID and/or mobile number provided by you/ registered with us.

2.2 We may determine a select list of areas which are unserviceable for delivery of Products. We, or our Logistic Partners, do not provide shipping and delivery services in such unserviceable areas and may not process your orders on the Website in such cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the time of placing an order for purchase of Products on the Website.

2.3 We will attempt to deliver the purchased Product to your designated address within the estimated timeline of delivery notified to you. In the event you are not available or present to accept the delivery of the Product, our Logistic Partners will make a maximum of three attempts in 3 (three) days (each attempt everyday) to deliver the purchased Product(s) to you. If the third delivery attempt is unsuccessful and you continue to remain unavailable, we reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to us.

2.4 While we make reasonable endeavours in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of logistical issues beyond our control, unsuitable weather conditions, political disruptions, strikes, governmental restrictions, acts of God such as floods, earthquakes, and other unforeseeable circumstances.

2.5 We endeavour to engage Logistic Partners, employees, agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence and good mannerism. You agree and acknowledge that the actions, inactions of delivery individuals are not in our control, and it is not possible for us to monitor and observe each delivery executive. Since we are merely facilitating delivery of a Product purchased by you, we shall not be liable for any acts or omissions on part of our delivery agents, employees, or personnel and/ or the Logistic Partner or their employees, agents, or personnel including deficiency in service, wrong delivery of Product, time taken to deliver the Product, Product package tampering, etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our delivery executives or the employees, agents, personnel of the Logistic Partners is beyond our control and any issue arising between you and our delivery executive or an employee, agent, personnel of the Logistic Partner will have to be resolved by you independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the Products to you.

2.6 We reserve the right to charge or collect shipping fees on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. You agree that, we are authorized to collect, on behalf of the Logistic Partner, the shipping and delivery fees for the delivery service provided by the Logistic Partner. In the event we charge a shipping fees for the delivery of a purchased Product, such shipping fees will not be refunded by us pursuant to any return request raised by you.

Detention and types, special definitions and application periods

1. "Free Time" is the period agreed between the Carrier and the Merchant for which Demurrage, Detention, Combined Demurrage and Detention, and Storage (if applicable) shall not be paid by the Merchant.

2. "Storage" compensation is incurred for utilizing the port, terminal, or depot facilities beyond the agreed amount of Free Time, and it applies to both Containers supplied by the Carrier and by the Merchant. Whether the Merchant's use of the port, terminal, or depot space beyond the agreed amount of free time is invoiced separately is set out.

3. The detention and demurrage types are as follows:

• Combined Demurrage and Detention: compensation payable when the Merchant holds Carrier's Container beyond the agreed amount of Free Time for the combined period of inside and outside the terminal, port, or depot.
• Demurrage: compensation payable when the Merchant holds Carrier's Container inside the terminal, port, or depot beyond the agreed amount of Free Time.
• Detention: compensation payable when the Merchant holds Carrier's Container outside the port, terminal, or depot beyond the agreed amount of Free Time.

4. The application period for detention and demurrage types varies based on the shipment type:

• For Import Shipments:
  • Combined Demurrage and Detention applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-in of the empty Container into the terminal, port, or depot agreed with the Carrier.
  • Demurrage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.
  • Detention applies to the time from gate-out of the Container until gate-in of the empty Container into the terminal, port, or depot agreed with the Carrier.
• For Export Shipments:
  • Combined Demurrage and Detention applies to the time from the gate-out of the empty Container until the Container is loaded on board a vessel under the Contract of Carriage.
  • Demurrage applies to the time from gate-in of the Container into the agreed terminal, port, or depot until the Container is loaded on board a vessel under the Contract of Carriage.
  • Detention applies to the time from the gate-out of the empty Container until gate-in of the Container into the agreed terminal, port, or depot.

3. Compensation

3.1 Merchant is liable to pay the Compensation when the Free Time is exceeded.

3.2 Unless specifically agreed with Carrier, Compensation is applicable as per the published tariffs available from the Carrier or its authorised agents.

3.3 Detention and/or Demurrage, and Combined Detention and Demurrage are alternatives. Whether Detention and/or Demurrage will be applied and invoiced separately or as Combined Detention and Demurrage is set OUT