Terms and Conditions

Signed between:

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DOMEX EXPRESO, SRL, a commercial company duly organized and existing in accordance with the laws of the Dominican Republic, holder of the National Taxpayer Registry (RNC) number 1-01-66483-5, with main registered office at Calle Plaza La Trinitaria No. 4, El Millón, Santo Domingo de Guzmán, National District, Dominican Republic, duly represented by its Manager, Mr. CÉSAR AUGUSTO VILLANUEVA MELO, Dominican, of legal age, holder of Identity and Electoral Card number 001-0057844-2, domiciled and resident in Santo Domingo de Guzmán, National District, Dominican Republic; who in the future of this Contract will be called "Domex", or by its full name, indistinctly; and on the other hand THE CLIENT, who signs and authorizes as good and valid the terms and conditions described in this contract and in accordance with the data registered in the client profile, on our website www.domex.do , who in the hereinafter referred to as THE CLIENT and who upon accepting the terms and conditions of this contract will be assigned an identification code D0X-XXXXXX.

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PREAMBLE

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WHEREAS 1st: Domex is a commercial company dedicated to the transport of goods, documents and packages, through the private correspondence service known in the Dominican market as "Courier" services;

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WHEREAS 2nd: The Client is interested in obtaining the services offered by Domex, in exchange for the payment of the rates, obligations, terms and conditions contemplated in this document;

Therefore, and with the understanding that the foregoing considerations form an integral part of this Agreement, the parties freely and voluntarily,

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HAVE AGREED AND AGREED AS FOLLOWS:  

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ARTICLE 1: General Concepts. For the purposes and exclusive use of this Agreement, the following terms shall be understood under the following concepts:

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1. Identification card: Physical or digital card delivered by Domex to the Client that will be used for the withdrawal or deposit of their correspondence, packages and cargo at the Domex offices. This membership code is mandatory to use for the services offered by Domex. It has no cost.

2.   Identification or Membership Code: Customer identification number assigned by Domex, once the data is processed and registered in the Customer's profile.

3.   Contract: This document signed between the Parties.

4. Membership Request Form: Online or physical document through which the CLIENT requests an Identification Code or Membership, in which the means of personal identification and their contact information are established, under the terms and conditions of the Contract. This form can be found at www.domex.do

5. Brand: All intellectual property, copyright, industrial property including, but not limited to, registered trademarks, logos, emblems, trade names, names of products or services, service marks, among others, that make up the Domex Goodwill and serve the Client to identify the services or products of Domex in the market. The following records are included, in favor and property of Domex, which are recorded in the records of the National Office of Industrial Property (ONAPI) and other competent authorities in force at the time of issue, having all its effects: legal in the Dominican Republic, which also includes any name of offers, products, services, or registration of an intellectual/industrial nature that Domex could be the owner of during the term of this contract.

6. Parties: Refers jointly to Domex and the Client

7. Digital Profile: Customer's personal access to the Domex platform through its portal www.Domex.do , in which you can manage your membership in relation to the packages, correspondence, packages received or sent through the Domex distribution network. Domex.

8.   Portal: Refers to the website www.Domex.do owned by Domex.

9. Reception of Shipments: Refers to the delivery by a Courier abroad of the Shipments in the hands of authorized Domex personnel to start the import process to the Dominican Republic, under the terms and conditions of the Contract.

10. Withdrawal: All packages, correspondence, letters and other personal or business objects of the Clients who use the Services that are actually received, with formal acknowledgment of receipt by Domex.

11. Services: Specialized catalog, but not limited to, the national and international private mail service or Courier offered by Domex, as well as any other related service or product offered to the general public by Domex or through private concessions.

12. Auction: It is the process of sale and offer to the public by Domex of all merchandise and Customer packages received at Domex terminals, which have not been withdrawn within sixty (60) days after notification of their reception through the Domex digital portal.

13. Rates: Sums payable by the Client in favor of Domex for the concept of sending or receiving packages through the Domex platform, under the terms and conditions established in this contract.

14. Service Tariff: List of the amounts for the services to be provided by Domex, which is attached to this contract through Annex I, which may be modified by Domex after the corresponding notification to the Client.

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ARTICLE 2: Services. Domex will mainly offer the services of national and international handling of the Client's correspondence and merchandise, through the following services:  

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2.1 Basic Services:  

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2.1.1. The reception of correspondence, packages, packages and cargo at Domex addresses abroad, which are duly addressed to the Client and identified by the client's membership code and their transport to the Dominican Republic;  

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2.1.2. The sending abroad of correspondence, packages, packages and cargo duly delivered and packed by the Client, in the offices of Domex in the Dominican Republic, in accordance with the specific instructions of the Client;  

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2.1.3. Call the consignee so that he can pick up the shipment at the Domex Miami offices. In any of the cases mentioned above, the correspondence, packages and/or packages will be delivered according to the type and classification of service chosen by the Client.  

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2.2. Local Messaging Services: The collection and/or shipment in the national territory of correspondence, packages and/or packages that the Client receives and/or wishes to send through DOMEX.  

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23. Foreign courier service (Pick Up): The collection of the Customer's correspondence, packages and/or packages at the foreign address indicated by him. Service that must be prepaid by the Client, before said service is carried out, and undertakes to reimburse the expenses that Domex has incurred in the execution of this management.  

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2.4. COD Service: Assistance to the Client in the processing of certain payments related to the transported goods, according to the Client's requirements, it being understood that the Client must pay Domex the expenses incurred in the execution of this service.  

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2.5. Stamp Services: The collection and/or sending of postage stamps that are missing from the correspondence sent by the client through Domex. The Client must pay for the cost of placing the seals.  

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2.6. Customs Services: Domex will carry out, on its own account and on behalf of the Client, the customs procedures required by Dominican law.

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2.6.1. In the event that the Client decides to contract the Customs Services and/or customs procedures on their own, they must notify Domex in writing indicating their design. In this way, Domex must deliver the corresponding file to the Client, after having received payment for the transportation services provided and other services at origin and destination.  

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2.6.2 . The client acknowledges that all additional charges generated by the General Directorate of Customs (DGA) must be paid by the client directly through the channels available by the DGA. These charges can be: CUSTOMS TAXES, CHANGES OF CATEGORY, DUA, FINES, among others.

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2.7 Parcel delivery home service: the Customer may opt for home delivery of correspondence and merchandise received at the Domex address. In order to opt for this service, you must make your payment online through the Web Portal and select the address shipment of the merchandise. The delivery time for home delivery is:

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2.7.1. Twenty-four and forty-eight (24-48) hours in Santo Domingo and Santiago.

2.7.2. Up to seventy-two (72-96) hours in the other provinces of the country.

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These times may vary due to external factors that Domex does not control, such as climatic precipitation, holidays or forces greater than Domex's will.  

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Home deliveries only apply to cities and provinces where Domex has a physical presence with a branch.  

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2.8 Other services: Domex may offer other services, at the request of the Client, which it understands will facilitate the provision of the transport service provided in accordance with this contract, and the Client must reimburse Domex for the expenses incurred.

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ARTICLE 3: Use of membership . In order to contract the membership and register on the Domex distribution platform, the Client must provide all the information established in the membership application form. In this process, the Client must register a valid email to which Domex will send all kinds of important information and notifications related to his account or his packages.

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3.1 In the event that the Client provides false, inaccurate, distorted information or in the event that Domex has sufficient reasons to consider that the information provided is false, Domex may suspend or close the membership opened by the Client within a period of 48 hours after to be notified to the client in writing or by email.

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  3.2 After registering either electronically or in person, Domex will grant an Identification Code and password to the Client, which will allow him to access his account through the Web Portal. The Client will be responsible for keeping his password confidential, being also solely and completely responsible for all activities that occur under his password and Identification Code.

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  3.3 Address: To receive your packages, cargo and/or air mail through Domex, the Client must inform their senders that all their parcels, cargo and mail must be sent to the following address:

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Customer name

Identification Code D0X-XXXXXX

4624 NW 74TH AVE

Unit 4

Miami, FL 33166-6447

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  3.4 Domex will inform the Client through the email provided, in addition to recording it in their digital account, the arrival of packages at their address, any situation related to their correspondence or merchandise, as well as the actions required to solve them.

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3.5. The customer acknowledges and is responsible for previously submitting to Domex the commercial invoice for shipment to the Dominican Republic of all their packages, packages or cargo. It is recognized that every package, package or cargo that is going to enter the Dominican Republic must have documentation required by the customs authorities of the General Directorate of Customs (DGA).

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  3.5.1 Domex enables the digital channel "PRE ALERT" on its web portal www.domex.do where the customer can send the commercial invoice of their package prior to shipment to the Dominican Republic.

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3.5.2. Domex recognizes as good and valid the commercial invoices that the client sends as documentation required for the shipment of their package, package or cargo.

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3.5.3. In the event that the client sends false information, the client is responsible for the charges generated by the customs authorities of the General Directorate of Customs (DGA).

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  3.6 The use of the membership code or customer identification is mandatory. The customer must always include the membership code corresponding to their Domex account in their purchase. In the event that the client does not enter their membership code, Domex will not be able to identify the correct consignee or client of the same. Domex will not be responsible for unidentified packages.

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ARTICLE 4: Rates. The Client agrees to pay all the services provided by Domex which correspond to the pound/weight freight transported to or from abroad, the services provided through this contract, as well as the other charges generated by the execution of such services, in accordance with according to the price list in force at the time of billing.  

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4.1. The Service Rate that makes up Annex I, corresponds to the service rates corresponding to the month of July of the year 2021.  

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4.2. The Client acknowledges that the price of the services offered through this contract is subject to being unilaterally modified by Domex, based on the changes dictated by the national and international market and especially the fluctuations of the currency market, accepting the Client said modifications as good and valid.  

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4.3. The Client accepts and acknowledges as good and valid the charges made by Domex for the services provided on his behalf, for which he hereby acknowledges the validity of digital invoices, balances, and other documents that present payment obligations. at your expense.  

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4.4. The published rate corresponds to a full pound, and in the event that the package weighs less than one pound, the total value of the pound will be charged.  

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4.5. The Client undertakes to reimburse Domex for the payment of taxes, expenses and customs procedures incurred in this management at the time of withdrawing his merchandise.  

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4.6. The Client agrees to pay to the General Directorate of Customs (DGA) all additional charges generated, if any, for the clearance of their packages, packages or cargo. Domex as a company is not responsible for the charges that the DGA may submit to the customs clearance of its clients' packages.

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4.7 In the event that the client has not sent the documentation required by Domex USA for the shipment of their correspondence, packages, packages and cargo such as the Commercial Invoice, or another additional document, after 5 days of the merchandise received in Domex USA (Domex Miami), from the 6th day, an automatic charge of zero points 95 US cents (US$0.95) per day per package will be made for Miami storage.

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4.8 In the event that the Client has not withdrawn his correspondence, packages, packages and cargo from the offices and/or terminals of Domex after 15 days of these being available for delivery and not being invoiced, as of the 16th day, an automatic zero-point charge of 75 US cents (US$0.75) per day per package for storage.  

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4.9 All packages received in Domex USA at Domex's Miami warehouse whose description is a 32-inch TV or monitor or larger, will carry an additional charge in addition to insurance of fifteen US dollars (US$15) for packaging and additional protection. This packaging ensures the customer the correct air transport of this type of item.

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4.10 Volumetric Weight: Applies to packages whose volume is greater than their actual weight. It is calculated by multiplying the dimensions of the package in inches (Height x Width x Depth), and the result is divided by 166. If this result is greater than the actual weight, a fee per pound of volume weight is charged.

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4.11 Unknown Client Fee (Uknown ID Fee): In accordance with point 3.5 of this membership terms and conditions agreement, where the use of the membership code or client identification is stated, it is mandatory. When the customer requests Domex services and the package has been received in Miami or is at the distribution center without a membership code, it will be registered in the system as an UNKNOWN CUSTOMER. The package will generate a charge of (US$1.15) for the concept of Unknown Client Charge. This charge will be reflected in the client's invoice when said package has been procured by the client and the client has presented evidence that the package corresponds to him as the commercial invoice.

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4.12. SINGLE CUSTOMS REGISTRY (RUA). According to regulation 01-2018 of the General Directorate of Customs, all users of online purchases in the Dominican Republic must be registered in the UNIQUE CUSTOMS REGISTRY (RUA). Due to this registration, every package that is retained by the customs authorities under this concept will carry a charge from Domex of US$3.00 + ITBIS. The charge will be reflected in the customer's invoice after the customer has submitted their correct registration to the customs authority.

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ARTICLE 5: Form of Payment. The Client agrees to pay Domex at the time of receiving the transported goods and/or receiving the contracted services.

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5.1. The Client may make payments for the services performed by Domex, together with the other charges related to his package or importation, through the Domex Web Portal, for which he authorizes the latter and/or his provider of automatic billing services to debit from the credit card that the Client registers for these purposes, the amounts detailed in said portal, and agreed by the Client when pressing the accept key in them.  

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5.2. For claims of returns and/or incorrect charges, the Client must send his request explaining the reason for his claim to our email contacto@domex.com.do or create a support ticket at www.domex.do/requerimiento , and will grant a period of 15 to 20 working days for the response to it. Once the claim has been studied, if it corresponds totally or partially, the credit will be made to your credit card or a reimbursement check. If the claim does not proceed, the Client will definitively accept the charge.

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5.3. Credit: In the event that Domex has granted credit to the Client, the latter must pay Domex the sums corresponding to the services provided through this contract, or any other value that is invoiced, within thirty (30) days counted and/or at the time stipulated according to agreement between the parties, from the billing date.

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ARTICLE 6: Shipping and Delivery. Domex guarantees the frequent sending of correspondence and parcels to the Dominican Republic from the United States of America, as long as said shipments comply with the legal and customs requirements of the authorities, both in the United States of America and in the Dominican Republic.  

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6.1. Domex undertakes to deliver shipments in the same conservation conditions in which they were received at our warehouses in both Miami and Santo Domingo.  

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6.2. The delivery time may vary according to limitations, force majeure or special situations. The Client acknowledges that Domex will not pay any type of compensation due to delay in the delivery of the product or package.

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ARTICLE 7: Prohibited Merchandise. The Client declares and acknowledges that Domex may refuse to transport to or from foreign territory any type of effect, material or product that in its opinion and that in accordance with the Inventory of prohibited merchandise specified in Annex II of this contract, or of any resolution or disposition of the national and international authorities, are not allowed for their free transportation.  

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7.1. Domex reserves the right to review all or part of the correspondence, packages and/or packages that it receives in its local offices or abroad that are transported on behalf of or for the Client or his representative.  

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ARTICLE 8: Merchandise Auction: The Client authorizes Domex to include all merchandise, packages or correspondence received at Domex terminals in the auction process carried out by the latter, after having remained for a period of 60 days or more. in Domex warehouses.

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ARTICLE 9: Insurance: The Client declares and acknowledges that all merchandise transported by Domex will have a charge for insurance, in accordance with the following scale:  

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to. One point twenty-five percent (1.25%) of the declared commercial value FOB: Any merchandise or package whose commercial value is from Zero to One Hundred US Dollars (US$0.00 – US$100.00);

b. One point five percent (1.50%) of the declared commercial value FOB: Any merchandise or package whose commercial value is greater than One Hundred US Dollars (US$100.01).

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9.1. In the event that the Client requires to opt for the insurance of merchandise or packages whose commercial value is greater than Five Hundred United States Dollars (US$500.00), they must notify Domex in writing, requesting the inclusion of the insurance of the merchandise or package that they wish to insure.

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ARTICLE 10: Claims.  Any claim for loss, breakdown, erroneous delivery or non-delivery, the Client must give notice at the time of receipt of the merchandise, through the procedure and the forms established for it. As long as the merchandise or package is well identified with the corresponding customer's membership code.

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  10.1. Domex is responsible for replacing or paying by means of a transfer, check, credit on account or pounds to be exchanged in future customer services in the event that the customer's package or packages show damage, breakage or loss during the delivery process. service managed by Domex.

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  10.2 To submit a formal claim, the client must create a support or claim ticket through the digital channel www.domex.do/requiremiento or make a physical claim from any Domex branch by filling out the claim form. The Client must attach an original PDF Commercial Invoice to his claim. In the event that Domex requires more information, it will be requested by the digital channels from the client.

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  10.3 The deadline for response, resolution and payment of claims will take a period of 15 to 20 business days after the client submits all the required documentation that supports their claim.

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  10.4 With the signature of the lead, invoice or receipt of payment, it will be understood that the item is received in accordance, so that, in case of not making the notification of the breakdown or erroneous delivery of the product prior to signing the receipt in accordance, the Client declares and acknowledges that he does not have any type of claim for said concept, therefore, with said receipt, he grants a formal release and settlement to Domex for the merchandise received.

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  10.5 The mistaken assignment of a package to another affiliate will commit the receiving affiliate to return said package in the same conditions in which it was found, this is because each Client reviews their packages at the time of delivery, so they know if they belongs or not.

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  10.6 Domex is not responsible for customer claims for packages not delivered by USPS (American Post) in Domex USA. Well, understand that the delivery processes of this carrier in Miami do not have the appropriate security measures and/or logistical measures for the correct delivery of packages in the Domex USA warehouse.

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10.7 Domex is not responsible for customer claims generated by packages not identified with the customer's corresponding membership code.

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10.8 Domex is not responsible for packages delivered to an address in Miami other than the official Domex address (4624 NW 74TH AVE, DORAL, FL 33166).

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ARTICLE 11: Client Responsibilities. The Client accepts all civil responsibility for the content of the correspondence, merchandise and/or products that Domex receives on his behalf, in addition, the Client guarantees Domex that the content can be legally transported by airlines and that its transport in It is generally not legally prohibited in the United States of America and the Dominican Republic. In such a case, the Client undertakes to hold Domex harmless for any damage caused as a result of the violation of this prohibition.  

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11.1. The Client expressly grants in favor of Domex a formal disclaimer of responsibility before the authorities of the General Directorate of Customs and related authorities, both national and international, for the procedures carried out on its behalf for import, customs clearance, payment of taxes and other obligations generated by the importation of merchandise to the Dominican Republic, as Domex is a simple manager of the importation and not the beneficiary thereof.

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ARTICLE 12: Limitations of Responsibility. The Client acknowledges that Domex will not be responsible for the following facts and circumstances:  

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a) Losses resulting from confiscation by customs or by any national or international authority,

b) Delays caused by the lack of documentation or information necessary for clearance or customs processing.

c) Prohibited goods, in accordance with the provisions of Article 7 and Annex II of this contract.

d) The packages abandoned in the General Directorate of Customs (DGA) and whose taxes have not been paid to the aforementioned institution.

e) Of the packages auctioned by the General Directorate of Customs.

f) Of shipments corresponding to medicines and food that arrive at their destination expired or about to expire, or merchandise that requires refrigeration.

g) Glass, glass, plaster, ceramic or fiberglass articles, articles with parts of those previously described.

h) Merchandise purchased by eBay and/or transported by USPS.

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ARTICLE 13: Validity of the Membership Contract: This contract will govern the contractual relations between the parties for a period of one (1) year. In the event that neither party expresses to the other, thirty (30) days in advance, its desire to terminate the contract, it will be automatically renewed.  

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13.1 This agreement will be terminated as of right, without greater responsibility for any of the parties, in the following cases:

a) In case of death or incapacity of the Client;

b) In the event that the Client incurs in the violation of any law, regulation, decree or resolution, which may compromise or put Domex at risk before the corresponding authorities;

c) In the event of the will of any of the parties, prior notification of at least fifteen (15) days in advance to the counterparty and the balance of any pending invoice or charge;

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13.2. Domex reserves the right of admission of its Clients, and has autonomy to cancel accounts that are abandoned, inactive or that present a history of fraud or misuse or abnormal use of the same or in general any breach of the obligations acquired with Domex and that are contrary both of this contract and of the National or Foreign Laws.  

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ARTICLE 14: General Provisions.  

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14.1. Electronic Commerce Law and Applicable Laws: The parties establish that the service and any type of information, notification, invoice, among others, may be supported by documents generated virtually, for which it is established that this contract is protected by Law No. 126 -02 of Electronic Commerce and Digital Signatures enacted on September 4, 2002;  

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14.2. Notifications: The Parties acknowledge that all notifications and other relevant information will be made via email.  

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14.3 Currency: All the monetary transactions of this contract will be carried out in Dollars of the United States of America (US$). The reference exchange rate for the execution of the payments and obligations generated by the Contract will be the rate in force on the day of payment of the transaction that Domex has applied in its internal system to carry out its operations.  

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14.4. Policies of use: The Client agrees and accepts that the relationships arising through this contract will be subject to the rules, policies and regulations of Domex and those contained in the Regulations for the application of this contract.

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14.5. Common Law and Competent Jurisdiction. For everything not expressly provided for in this contract, the parties refer to common law. In the event of any litigation or dispute, the parties attribute exclusive territorial jurisdiction to the jurisdiction of the National District, especially to its Civil and Commercial Chamber of the Court of First Instance of the National District and its appeal instances, the Parties waiving any claim of incompetence territorial.  

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14.6. Independence of the Clauses. It is expressly understood that, if any provision of this Agreement is held invalid or unenforceable, such invalid provision will be ineffective only to the extent of such invalidity without affecting the validity of the remaining provisions of this Agreement.  

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14.7. Modifications and Addendums. The Client acknowledges and accepts that Domex will have the power to make the reasonable modifications and adjustments that are necessary to this Agreement, in all its operational points at the time that Domex deems it necessary, and by notifying the Client via email. . Said notification will serve as an addendum to the contract and the implementation of any change, if pertinent, must be fulfilled by the Client within the period specified in the notification, if any, or on the calendar day following notification of the same.

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In the city of Santo Domingo de Guzmán, National District, Dominican Republic, on the _______________ (_______) day of the month of _______________ of the year two thousand ___________ (20_____).  

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By DOMEX EXPRESO, SRL: ______________________________________

For the client _____________________________________