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SPX Express Terms of Service
SPX Express is an additional paid service where Buyers and Sellers may engage Shopee (or its affiliate) on a non-exclusive basis to provide delivery services as described in these terms of service (“SPX Express Terms of Service”) when buying and selling items on the Site. Where a Buyer buys an item from a Seller and elects to have such item delivered via SPX Express (“SPX Express Item”), both the Buyer and Seller will be deemed to have consented to the terms and conditions described in these SPX Express Terms of Service. These SPX Express Terms of Service supplement the Terms of Service and the other Shopee Policies, of which these SPX Express Terms of Service forms a part – please read the Terms of Service and the other Shopee Policies available on the Site as they contain important information regarding your rights and obligations. References to “Shopee” in these SPX Express Terms of Service shall refer to Shopee Philippines Inc. or such other affiliate of Shopee as may be used to carry out the services under these SPX Express Terms of Service. Any terms that are used in these SPX Express Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Shopee Policy. All terms and conditions described in these SPX Express Terms of Service are subject to change at Shopee’s discretion pursuant to the Terms of Service.
1. Shipping and Delivery
1.1 Where a Buyer buys an item from a Seller and elects to have such item delivered via SPX Express, the Buyer shall nominate the transit time, payment method and delivery address for such SPX Express Item (“Delivery Instructions”). Shopee shall deliver such SPX Express Item to the Buyer in accordance with the Delivery Instructions and the Buyer shall be liable to pay a delivery fee, as calculated in accordance with these SPX Express Terms and Conditions (“SPX Express Delivery Fee”).
1.2 The delivery address for a SPX Express Item must be within the delivery zones, as determined by Shopee. Shopee may amend the delivery zones at any time, at its sole discretion.
1.3 Shopee shall hand over SPX Express Items directly to Buyers whose name and address are listed in the Delivery Instructions. In the event that the Buyer is not present at the delivery address at the time of delivery, Shopee may hand over the SPX Express Items to (a) a receptionist, front office staff or internal security staff, where the delivery address is a commercial building, or (b) an immediate family member or household assistant, where the delivery address is a residential building (“Recipient”). Upon delivery, Shopee shall procure that a proof of delivery slip is signed by the Buyer or Recipient recording the acceptance date, name and status of the Buyer or Recipient (“Delivery Slip”), and the signed Delivery Slip shall be conclusive evidence that the SPX Express Item has been delivered.
1.4 Where neither the Buyer nor any Recipient is present at the delivery address at the time of delivery, Shopee shall notify the Buyer of the failed delivery and make the SPX Express Item available for self-collection at such address determined by Shopee at its sole discretion. Where the SPX Express Item has not been collected within thirty (30) days of such notification, the SPX Express Item shall be deemed to have been delivered.
1.5 Notwithstanding anything stated or implied to the contrary, Shopee reserves the right to refuse, reject, return or postpone the delivery of any SPX Express Item where, in its opinion:
(a) the SPX Express Item is regarded or classified as hazardous material, dangerous goods, prohibited or restricted articles under the Prohibited and Restricted Items Policy, any applicable laws, regulations or any other national or international rules including, but not limited to, the regulations of IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization);
(b) the SPX Express Item would be likely to cause damage or delay to other shipments, equipment or personnel; or
(b) where acceptance of the SPX Express Item may jeopardize the provision of services to other customers and operations of Shopee, as solely determined by Shopee.
1.6 SPX Express Items may be subject to screening which could include x-ray, explosive trace detection and other security screening methods, and Shopee reserves the right to open and inspect SPX Express Items without prior notice to the Buyer or Seller.
2. Weight Calculation and SPX Express Delivery Fee
2.1 The SPX Express Delivery Fee rates shall be as determined by Shopee. Shopee may amend the SPX Express Delivery Fee rates at any time, at its sole discretion.
2.2 For the purposes of calculating the SPX Express Delivery Fee, the weight of a SPX Express Item shall be based on the actual weight or volumetric weight (rounded up to the nearest kilogram), whichever is higher.
2.3 The volumetric weight of a SPX Express Item shall be calculated using the formula length (cm) x height (cm) x width (cm) / 6000.
2.4 The SPX Express Delivery Fee shall be notified to, and become payable by, the Buyer at the time of purchase of the SPX Express Item.
3. Tax and Duties
3.1 The SPX Express Delivery Fee is subject to value-added tax, and the Buyer shall be responsible for such value-added tax amount.
3.2 Any other taxes and/or duties applicable to the delivery of the SPX Express Item shall be borne by the Buyer.
3.3 In the event that the Buyer or Seller does not fulfil its tax obligations in relation to the SPX Express Item, then the Buyer or Seller (as the case may be) shall be obligated to pay such taxes in accordance with the prevailing laws and regulations, and shall compensate Shopee for any losses or costs suffered as a result of such non-fulfilment of its tax obligations.
4. Loss or Damage During Delivery
4.1 In the event that the SPX Express Item is damaged during delivery, delayed or not delivered at all, the Buyer or Seller (as the case may be) shall notify Shopee in writing within five (5) business days of the scheduled delivery date, failing which Shopee shall have no liability to the Buyer or Seller whatsoever.
4.2 All of the original shipping cartons, packaging and contents must be made available for Shopee’s inspection and retained until the investigation of the damage, delay or non-delivery is concluded.
5. Exclusion and Limitation of Liability
5.1 Subject to Clauses 4, 5.2 and 5.3, the liability of Shopee to the Buyer and Seller is strictly limited to direct loss only, and Shopee’s aggregate liability to the Buyer and Seller will not exceed the following:
(a) for Seller: 10x’s the SPX Express Item delivery cost or purchase price of the SPX Express Item, whichever is lower; and
(b) for Buyer: the purchase price of the SPX Express Item.
5.2 In no event shall Shopee be liable for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability.
5.3 The Buyer and Seller agree that Shopee assumes no liability or responsibility:
(a) for its inability to complete the delivery of the SPX Express Item if the Buyer’s address is incomplete or incorrect;
(b) for Shopee’s non-compliance with any laws and regulations including export control laws, sanction, restrictive measures and embargoes; or
(c) for any SPX Express Item that is seized, detained or destroyed by a government authority unless such seizure, detention or destruction.
6. Independent Contractor
6.1 Nothing in these SPX Express Terms of Service shall be construed as constituting any agency, partnership or joint venture between Shopee and the Buyer or Seller, and the Buyer, Seller and Shopee shall not represent itself as or hold itself out as having any power or authority to incur any obligation of any nature as agents, partner, employee or representative of each other.
7. Force Majeure
7.1 Shopee shall not liable to fulfil any obligations under these SPX Express Terms of Service due to circumstances or events beyond Shopee’s control, including, but not limited to:
(a) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(b) acts of war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
(c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(d) criminal acts of third parties such as theft and arson; or
(e) accidents.
8. Subcontracting
8.1 You acknowledge and agree that Shopee is entitled to engage, subcontract or outsource third party service provider(s) to perform all or part of the delivery service in the Philippines or any other location (where applicable) and, in such cases, you thereby agree to be bound by the terms of service of such third party service provider.
9. Governing Law
9.1 These SPX Express Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these SPX Express Terms of Service against or relating to Shopee or any indemnified party under these SPX Express Terms of Service shall be referred to and finally resolved by arbitration in the Philippines in accordance with the Arbitration Rules of the Philippine Dispute Resolution Center, Inc. for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
If you have any questions or concerns about these SPX Express Terms of Service or any issues raised in these Terms of Service, please contacts us at: help@support.shopee.com.
LEGAL NOTICES: Please send all legal notices to legal.ph@spx.ph and Attention it to the “General Counsel”.
Last Updated: 13 June 2024
1. Shipping and Delivery
1.1 Where a Buyer buys an item from a Seller and elects to have such item delivered via SPX Express, the Buyer shall nominate the transit time, payment method and delivery address for such SPX Express Item (“Delivery Instructions”). Shopee shall deliver such SPX Express Item to the Buyer in accordance with the Delivery Instructions and the Buyer shall be liable to pay a delivery fee, as calculated in accordance with these SPX Express Terms and Conditions (“SPX Express Delivery Fee”).
1.2 The delivery address for a SPX Express Item must be within the delivery zones, as determined by Shopee. Shopee may amend the delivery zones at any time, at its sole discretion.
1.3 Shopee shall hand over SPX Express Items directly to Buyers whose name and address are listed in the Delivery Instructions. In the event that the Buyer is not present at the delivery address at the time of delivery, Shopee may hand over the SPX Express Items to (a) a receptionist, front office staff or internal security staff, where the delivery address is a commercial building, or (b) an immediate family member or household assistant, where the delivery address is a residential building (“Recipient”). Upon delivery, Shopee shall procure that a proof of delivery slip is signed by the Buyer or Recipient recording the acceptance date, name and status of the Buyer or Recipient (“Delivery Slip”), and the signed Delivery Slip shall be conclusive evidence that the SPX Express Item has been delivered.
1.4 Where neither the Buyer nor any Recipient is present at the delivery address at the time of delivery, Shopee shall notify the Buyer of the failed delivery and make the SPX Express Item available for self-collection at such address determined by Shopee at its sole discretion. Where the SPX Express Item has not been collected within thirty (30) days of such notification, the SPX Express Item shall be deemed to have been delivered.
1.5 Notwithstanding anything stated or implied to the contrary, Shopee reserves the right to refuse, reject, return or postpone the delivery of any SPX Express Item where, in its opinion:
(a) the SPX Express Item is regarded or classified as hazardous material, dangerous goods, prohibited or restricted articles under the Prohibited and Restricted Items Policy, any applicable laws, regulations or any other national or international rules including, but not limited to, the regulations of IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization);
(b) the SPX Express Item would be likely to cause damage or delay to other shipments, equipment or personnel; or
(b) where acceptance of the SPX Express Item may jeopardize the provision of services to other customers and operations of Shopee, as solely determined by Shopee.
1.6 SPX Express Items may be subject to screening which could include x-ray, explosive trace detection and other security screening methods, and Shopee reserves the right to open and inspect SPX Express Items without prior notice to the Buyer or Seller.
2. Weight Calculation and SPX Express Delivery Fee
2.1 The SPX Express Delivery Fee rates shall be as determined by Shopee. Shopee may amend the SPX Express Delivery Fee rates at any time, at its sole discretion.
2.2 For the purposes of calculating the SPX Express Delivery Fee, the weight of a SPX Express Item shall be based on the actual weight or volumetric weight (rounded up to the nearest kilogram), whichever is higher.
2.3 The volumetric weight of a SPX Express Item shall be calculated using the formula length (cm) x height (cm) x width (cm) / 6000.
2.4 The SPX Express Delivery Fee shall be notified to, and become payable by, the Buyer at the time of purchase of the SPX Express Item.
3. Tax and Duties
3.1 The SPX Express Delivery Fee is subject to value-added tax, and the Buyer shall be responsible for such value-added tax amount.
3.2 Any other taxes and/or duties applicable to the delivery of the SPX Express Item shall be borne by the Buyer.
3.3 In the event that the Buyer or Seller does not fulfil its tax obligations in relation to the SPX Express Item, then the Buyer or Seller (as the case may be) shall be obligated to pay such taxes in accordance with the prevailing laws and regulations, and shall compensate Shopee for any losses or costs suffered as a result of such non-fulfilment of its tax obligations.
4. Loss or Damage During Delivery
4.1 In the event that the SPX Express Item is damaged during delivery, delayed or not delivered at all, the Buyer or Seller (as the case may be) shall notify Shopee in writing within five (5) business days of the scheduled delivery date, failing which Shopee shall have no liability to the Buyer or Seller whatsoever.
4.2 All of the original shipping cartons, packaging and contents must be made available for Shopee’s inspection and retained until the investigation of the damage, delay or non-delivery is concluded.
5. Exclusion and Limitation of Liability
5.1 Subject to Clauses 4, 5.2 and 5.3, the liability of Shopee to the Buyer and Seller is strictly limited to direct loss only, and Shopee’s aggregate liability to the Buyer and Seller will not exceed the following:
(a) for Seller: 10x’s the SPX Express Item delivery cost or purchase price of the SPX Express Item, whichever is lower; and
(b) for Buyer: the purchase price of the SPX Express Item.
5.2 In no event shall Shopee be liable for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability.
5.3 The Buyer and Seller agree that Shopee assumes no liability or responsibility:
(a) for its inability to complete the delivery of the SPX Express Item if the Buyer’s address is incomplete or incorrect;
(b) for Shopee’s non-compliance with any laws and regulations including export control laws, sanction, restrictive measures and embargoes; or
(c) for any SPX Express Item that is seized, detained or destroyed by a government authority unless such seizure, detention or destruction.
6. Independent Contractor
6.1 Nothing in these SPX Express Terms of Service shall be construed as constituting any agency, partnership or joint venture between Shopee and the Buyer or Seller, and the Buyer, Seller and Shopee shall not represent itself as or hold itself out as having any power or authority to incur any obligation of any nature as agents, partner, employee or representative of each other.
7. Force Majeure
7.1 Shopee shall not liable to fulfil any obligations under these SPX Express Terms of Service due to circumstances or events beyond Shopee’s control, including, but not limited to:
(a) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(b) acts of war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
(c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(d) criminal acts of third parties such as theft and arson; or
(e) accidents.
8. Subcontracting
8.1 You acknowledge and agree that Shopee is entitled to engage, subcontract or outsource third party service provider(s) to perform all or part of the delivery service in the Philippines or any other location (where applicable) and, in such cases, you thereby agree to be bound by the terms of service of such third party service provider.
9. Governing Law
9.1 These SPX Express Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these SPX Express Terms of Service against or relating to Shopee or any indemnified party under these SPX Express Terms of Service shall be referred to and finally resolved by arbitration in the Philippines in accordance with the Arbitration Rules of the Philippine Dispute Resolution Center, Inc. for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
If you have any questions or concerns about these SPX Express Terms of Service or any issues raised in these Terms of Service, please contacts us at: help@support.shopee.com.
LEGAL NOTICES: Please send all legal notices to legal.ph@spx.ph and Attention it to the “General Counsel”.
Last Updated: 13 June 2024
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