TERMS AND USE CONDITIONS FOR LUGGAGE FREE®, Inc. (hereinafter “Luggage Free®”) and the Luggagefree.com web site
TERMS OF SERVICE:
You agree to and acknowledge the following with respect to any services ordered by you or on your behalf from Luggage Free®.
This document contains important information regarding the terms and conditions under which Luggage Free® offers access to our services. Read this document carefully and please note that the information contained herein is subject to change.
The content of this website is provided “as is”. Luggage Free® disclaims any and all warranties, expressed and implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Use of the content on this site is at the user’s sole risk. Luggage Free® will in no event be liable to any person or entity for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in the content on this site, or for the use of any content, including, without limitation, damages for lost profits, business, data or damage to any computer systems, even if you have advised Luggage Free® of the possibility of such damages.
User desires to utilize the services of Luggage Free® and Luggage Free® desires to provide such services pursuant to the terms and conditions of this user agreement and the operating rules or policies that are published by Luggage Free®.
Rates generated on the Luggage Free® website, www.luggagefree.com, or by a Luggage Free® representative are based upon the information provided at the time of inquiry. Final rates will be based upon actual weights and dimensions verified during the shipment process. Billing weight is generated by the greater of the actual weight OR dimensional weight of each piece (hereinafter “Item”). The dimensional weight of an item can be calculated by multiplying L x W x H, in inches, and dividing by 166 for USA ground shipments, or 139 for all air shipments. Dimensions are calculated from the widest point of each side. Final charges may differ from quoted prices due to actual weights and dimensions. All services are not available in all areas. Rates are subject to change without notice.
DESCRIPTION OF SERVICES:
Pursuant to the terms and conditions set forth in this user agreement, Luggage Free® will facilitate baggage shipping services throughout the continental United States, Alaska, Hawaii and some international destinations. Luggage Free® reserves the irrevocable right to refuse any shipment which it deems at its sole discretion, to be undeliverable, unfit for shipment, could be easily damaged, and/or may contain possible dangerous, regulated or illegal items.
Luggage Free® agrees to manage, within its’ limitations, all necessary logistics, tracking and customer service functions for any accepted orders, providing that our client provides timely and accurate information when available, concerning the item(s) shipped via the logistics companies contracted through Luggage Free®. User agrees that Luggage Free® may modify, suspend or discontinue any aspect of the services at any time without notice to the user, in which case Luggage Free® shall not be liable to user or any third party. The services are all delivered to user subject to all terms and conditions imposed by contracted carriers, including but not limited to, all terms and conditions contained on such companies’ websites, any transportation agreements, applicable tariffs or other rules or procedures of the contracted carriers.
If an Item is delayed in customs, Luggage Free® will make every possible effort to correct the problem, yet customs delays are out of the realm of Luggage Free’s® authority. Notwithstanding anything to the contrary set forth herein, Luggage Free® will not be liable for delays that occur due to customs inspections for international shipments. At the time of shipping, a Luggage Free® representative will make all reasonable preventative measures possible to reduce the complexity of the customs inspection process. To ensure an expedited customs clearance process and to minimize duties, taxes or other fees imposed by customs or similar authorities, customer is responsible for supplying Luggage Free® with the complete contents of each Item in the shipment. To minimize the possibility of clearance delays, all documents and images provided to Luggage Free® must be clear and legible. Any duties, taxes or other fees incurred during the customs inspection process will be passed on to the customer. Fees may be charged to customer’s credit card at the time transport charges are captured, after transport charges have been captured, in a separate transaction, or may be billed directly from third party customs brokerage or shipping company. Items delayed during international customs clearance are not covered under the Luggage Free® on time guarantee. You acknowledge that any goods shipped by Luggage Free® are subject to confiscation by United States and foreign customs officials and other similar agencies. Disallowed items vary from country to country, please contact Luggage Free® if you have a question about forwarding a specific item to a specific country.
User shall comply with all applicable laws, statues, ordinances and regulations regarding user’s use of Luggage Free’s® services.
LIMITATION OF LIABILITY
LUGGAGE FREE’S® LIABILITY IN CONNECTION WITH YOUR SHIPMENT IS LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR $1000, UNLESS YOU DECLARE A HIGHER VALUE PRIOR TO YOUR SHIPMENT, PAY AN ADDITIONAL CHARGE, AND DOCUMENT YOUR ACTUAL LOSS IN A TIMELY MANNER. YOU MAY PAY AN ADDITIONAL CHARGE FOR EACH ADDITIONAL $1000 OF DECLARED VALUE. THE DECLARED VALUE DOES NOT CONSTITUTE, NOR DO WE PROVIDE, CARGO LIABILITY INSURANCE.
IN THE ABSENCE OF THE CUSTOMER DECLARING A VALUE ABOVE AND BEYOND $1000 IN ADVANCE OF THE SHIPMENT AND MAKING THE CORRESPONDING PAYMENT, LUGGAGE FREE® RETAINS NO LIABILITY FOR ANY LOSS IN EXCESS OF ITS MAXIMUM LIABILITY OF $1000. IN ALL EVENTS, LUGGAGE FREE’S® MAXIMUM LIABILITY IN CONNECTION WITH THIS SHIPMENT IS LIMITED TO THE LESSER OF ACTUAL DAMAGE OR $1000, UNLESS YOU DECLARE A HIGHER SHIPMENT VALUE IN ADVANCE OF YOUR SHIPMENT, PAY AN ADDITIONAL CHARGE, AND DOCUMENT YOUR ACTUAL LOSS IN A TIMELY MANNER.
IN NO EVENT SHALL LUGGAGE FREE® BE LIABLE TO USER FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS USER AGREEMENT, REGARDLESS OF THE ACTIVE OR PASSIVE NEGLIGENCE OR SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OF LUGGAGE FREE®.
USER EXPRESSLY ACKNOWLEDGES THAT LUGGAGE FREE® IS NOT LIABLE FOR (A) ANY CARRIER’S FAILURE TO MAKE TIMELY DELIVERY ON A SPECIFIED DELIVERY DATE, (B) ANY DELAYS IN PARCELS OR DELIVERIES BY LUGGAGE FREE® OR ITS CARRIERS, OR (C) LUGGAGE FREE’s® DELETION OR FAILURE TO STORE SHIPPING REQUESTS OR SHIPPING RECORDS. LUGGAGE FREE® WILL NOT BE LIABLE FOR LOSS, DAMAGE OR DELAY CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR OR CIVIL UNREST, OR ACTS OF GOVERNMENT.
Additional value may be placed on the shipment at the sole discretion of the customer, at a rate of $19.95 per $1,000 in additional value. Additional value must be declared prior to the shipment retrieval date. EVEN WITH ADDITIONAL VALUE DECLARED, LUGGAGE FREE® IS ONLY LIABLE FOR LOSS OF OR PHYSICAL DAMAGE TO PACKAGE(S) AT ACTUAL CASH VALUE AND NOT REPLACEMENT COST. FURTHER, LUGGAGE FREE’S® LIABILITY IS NOT APPLICABLE TO ADDITIONAL COSTS INCURRED BY THE CUSTOMER IF A SHIPMENT IS LATE, OR ANY OTHER COSTS OUTSIDE OF THE ACTUAL CASH VALUE OF A LOST OR DAMAGED PACKAGE(S). IN NO EVENT SHALL LUGGAGE FREE® BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OPPORTUNITY COSTS.
All full price shipments are covered by our on time guarantee. If we have not attempted to deliver your shipment on or before your scheduled delivery date, your shipment is done at no charge. Shipments that are undeliverable for any reason, including but not limited to recipient not being available to sign for the delivery, shipment being rejected at destination or incorrect address are not covered by our on time guarantee. Additionally, shipments delayed by an act of God (e.g weather, natural disaster, etc.), mechanical failures, shipments containing prohibited items, government unrest, or a customs delay beyond our control are also not eligible for our money back guarantee. To request credit for a late shipment, contact customer service at Sales@luggagefree or +1.212.453.1579.
Notwithstanding anything to the contrary set forth herein, Luggage Free will also provide reimbursement of expenses incurred as a direct result of the delay of up to US $500.00 per item. Reimbursements of expenses are not to exceed a total of $500.00 per delayed item, and any expenditure must be approved in advance by Luggage Free. Receipts must be submitted to Luggage Free for reimbursement.
Claims may be filed after a bag is officially declared lost, which is defined as not having been delivered within ten (10) business days of the delivery date. Customer must document any loss in a timely manner and must make all claims in writing within 10 business days after such loss.
All claims must be made in writing and within the time limits set forth above.
Failure to provide us with notice in the manner and within the time limits set forth above will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.
Written documentation supporting the amount of your claim must be delivered to us within thirty (30) business days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, invoices for repair, expense statements, appraisals, pictures, or other records. These documents must be verifiable to our satisfaction.
We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance from these charges or from any outstanding balance owed to us.
Luggage Free® and its delivery partners reserve the right to inspect a damaged item on the recipient’s premises as well as the right to retrieve the damaged package for inspection. The terms and conditions applicable to the original delivery (including any declared value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the package. When an item is picked up for inspection, a receipt for the damaged item will be provided if requested by the recipient. All of the original delivery cartons, labels, packing and contents must be made available for our inspection and retained until the claim is concluded.
Except in the case of concealed damage, receipt of the delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the item was delivered in good condition.
Only one claim can be filed in connection with a delivery. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that delivery.
Finally, liability is for the entire shipment, not per bag, unless otherwise stated by the customer. For example, if a customer declares an additional value of $3,000, bringing the total value for the shipment to $4,000, this amount applies to the entire luggage shipment in aggregate. This is the case unless the customer specifically indicates otherwise. For example, a customer may state bag A has a specific value of $3,000, the bag B is valued at $1000, and so on. In this case, the direction of the customer will apply provided such direction is given prior to the shipment at the time additional value is placed. In the absence of such a declaration, total valuation is divided equally among each piece in the shipment for claim purposes.
The information, products and services contained or referred to on this web site may change or be updated without notice.
There are links on this site which allow you to visit the sites of other companies. Neither these sites nor the companies to whom they belong are controlled by Luggage Free®. Luggage Free® makes no representations concerning the information provided in these sites nor the quality or acceptability of the products or services offered by the companies referenced in these sites. Luggage Free® has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Luggage Free® does not accept ideas, concepts, or techniques for new services or products through its web site. If such information is received, it will not be considered confidential and Luggage Free® will be deemed free to use, communicate and exploit such information in any manner it chooses.
1. Luggage Free Gift Cards
The following provisions govern the offering of Gift Cards (as defined below) by Luggage Free and are an integral part of the Luggage Free Terms and Conditions.
1.1 Luggage Free terms.
Purchasing or redeeming Gift Cards constitutes acceptance of the Luggage Free Terms and Conditions.
1.2 Redeeming Gift Cards.
Gift Cards may not be redeemed towards previous purchases. The amount of the Gift Card will be used against the total order placed. If the purchase exceeds the Gift Card amount, the balance must be paid with a credit card or any other payment method accepted by Luggage Free. Only one gift card may be used with each order (an ‘order’ is defined as a one way shipment identified with a unique Luggage Free job id code)
Multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards and Gift Cards cannot be reloaded or recharged, or redeemed together with a coupon or other Gift Cards for the same order (one gift card per order). Except as expressly allowed by Luggage Free, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. If applicable law requires Luggage Free to redeem Gift Cards for cash, check, or other means of payment, Luggage Free reserves the right to select any of the foregoing at its discretion. Gift Cards can only be redeemed for purchases in the currency that matches the personal currency preferences set for the respective Account. Luggage Free reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Luggage Free reasonably believes that Gift Cards are abused or used or obtained fraudulently.
1.4 Risk of Loss.
Luggage Free has no obligation to replace lost or stolen Gift Cards
1.5 No expiration date or fees.
Gift Cards have no expiration date and Luggage Free charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.
1.6 Limitation of Liability.
GIFT CARDS ARE PROVIDED BY LUGGAGE FREE FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. LUGGAGE FREE IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD.
PROPRIETARY RIGHTS IN WEB SITE, API/ASP AND CONTENT
User acknowledges that Luggage Free® web site(s) (as well as any co-branded sites or other web sites affiliated with Luggage Free® including but not limited to text, software, music, sound photographs, video, graphics or other material contained in either sponsor advertisements or commercially produced information presented to User by Luggage Free® or Luggage Free’s® Advertisers (collectively “Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use the web site, and Content as expressly authorized by Luggage Free®, or the Advertiser. User may not copy, reproduce, distribute or create derivative works from the web site, or Content without expressly being authorized to do so by Luggage Free®.
©Luggage Free, Inc.® The contents of this site is protected by United States and International copyright, trademark and other laws. All rights reserved. This site and each of its modules is the copyrighted property of Luggage Free, Inc.®