DASTYAR LTD | CARGO
Cargo Terms and Conditions
Service Provider Details
Legal and trade name: Dastyar LTD
Telephone: +1 (672) 833-0098
Website: https://dastyar.ca
Instagram: @dastyar.ca

In these terms, “Company” means Dastyar LTD. All amounts are in Canadian dollars unless expressly stated otherwise.
These terms govern the Company's shipment acceptance, preparation and transportation services. The service specifications, approved value, charges and specific agreements recorded on the receipt also form part of the service contract. These terms must be made available to and accepted by the sender before an order is accepted.

1. Service Scope and Transportation Methods
International shipping services are available to destinations where shipment is legally and operationally possible at the time of acceptance. “Worldwide shipping” does not mean that all goods are accepted or that every country can be served in all circumstances.
Depending on the accepted service, transportation may be by air, sea, road or a combination of methods, using carriers and intermediary agents.
Operational necessity may require a change of carrier or transit route, provided that the change remains consistent with the essential specifications of the agreed service. A material service change or additional charge requires notice to and agreement with the customer.

2. Dispatch Schedule and Estimated Delivery
The Company operates a weekly dispatch schedule. The planned dispatch date for each shipment will be communicated to the sender in the initial order confirmation email. Further notice will be provided if that date changes.
Under normal conditions, estimated delivery is 3 to 4 weeks from the shipment's actual dispatch date, not from the date it is handed over at the Company's office. The actual dispatch date will be recorded in the dispatch confirmation.
This timeframe is an estimate, not a guarantee of delivery on a particular date. Customs inspections and procedures, requests for additional documents, import or transit restrictions, transportation disruptions, security conditions and other factors beyond the Company's reasonable control may extend delivery times.
Where a delay or disruption is known at acceptance or before dispatch, the sender will be informed of the current route conditions and updated estimate.
Delay alone does not establish that a shipment is lost or automatically entitle the customer to compensation. Mandatory legal rights remain unaffected.

3. Declaration of Contents, Value and Documents
The sender must provide a complete and accurate list of items, quantities, new or used condition, actual value, and personal or commercial nature, together with the documents required for the route.
The value must be genuine and verifiable. Purchase invoices, payment receipts or other valid evidence may be requested to verify value. Alternative evidence for used goods or goods without an invoice requires the Company's prior approval.
The sender is responsible for the accuracy of the information and documents provided. Initial acceptance or inspection by the Company does not replace the sender's responsibility to declare goods correctly and obtain permits for which the sender is responsible.

4. Personal or Commercial Nature of Shipments
The service covered by these terms is intended, by default, for personal items. Before acceptance, the sender must disclose the actual nature of the contents and any commercial use. Describing goods as “personal” does not, by itself, determine their customs classification.
If documents or a competent authority's determination establish that a shipment is commercial, the sender must provide purchase invoices and other required documents and permits for customs authorities in the origin, transit and destination countries.
Duties, taxes, brokerage and commercial clearance fees, and other documented lawful costs arising from the commercial nature of the shipment are the sender's responsibility, unless the Company has expressly agreed in writing to pay them.
Further transportation or clearance is subject to legal feasibility, carrier acceptance, completion of documentation and payment of the relevant charges. Initial acceptance by the Company does not guarantee that customs will accept the goods as personal items.
Failure to provide documents or pay required charges may result in the shipment being held or returned under applicable rules. To the extent permitted by law, direct documented costs resulting from the sender's inaccurate declaration or failure to cooperate are the sender's responsibility.

5. Basic Compensation Undertaking
Each separate shipment with its own receipt is automatically included, at no additional charge, under the Company's basic undertaking to compensate direct loss arising from loss of goods or physical damage covered by these terms, up to $50.
Payment will not exceed the actual proven loss. This limit applies to the combined contents of each shipment, not to each item, and payment is not automatic for every incident.
This basic undertaking is not a separate insurance policy. Where mandatory law or an applicable convention requires greater liability, those requirements apply.

6. Optional Value Protection Service
Before dispatch, the sender may purchase Value Protection by declaring the actual value, providing an invoice or acceptable supporting documents and obtaining the Company's approval.
The service fee is 10% of the approved value. For example, protection for a shipment with an approved value of $500 costs $50.
Protection becomes effective only when the fee is paid and the protected value is recorded on the receipt before dispatch. Declaring a value alone does not activate protection, and the service cannot be purchased after an incident.
For covered complete loss or total damage, compensation is calculated using the lower of the goods' actual documented value immediately before the incident and the cost of replacing them with goods of the same type and condition, subject to the approved value as the maximum.
For partial damage, compensation is based, as applicable, on reasonable documented repair costs or the reduction in value caused by the damage, and will not exceed the compensable value of the affected goods. Whether the goods are new or used, and their depreciation, will be considered.
Payment of the protection fee does not automatically entitle the sender to the full declared value for any degree of damage. This service does not provide for a fixed deduction of 20% or 30% from compensation.
Value Protection replaces the $50 basic undertaking and is not added to it. The service fee is not part of the goods' value and is not automatically refundable merely because damage or loss occurs, unless otherwise required by law or a written agreement.
The exclusions in these terms also apply to Value Protection.

7. Maximum Accepted Value
The maximum value accepted under this service is $1,000 per separate shipment.
If the combined value of several separate items exceeds this amount, they may be sent as separate shipments following the Company's review and approval. Each shipment must have its own receipt, contents list and accurately stated actual value.
Shipments must not be split to conceal actual value, circumvent customs procedures or avoid legally required permits. An individual item worth more than $1,000 does not become eligible through an artificial division of its value.

8. Packaging and Fragile Items
Before acceptance, the sender must disclose whether goods are fragile, sensitive, liquid or otherwise vulnerable to damage. Packaging must be suitable for the goods and international handling conditions.
Acceptance of fragile items, antiques and other sensitive goods, and their eligibility for Value Protection, require separate written approval. Acceptance for transportation alone does not establish that the goods are covered by Value Protection.
To the extent permitted by law, direct damage caused by inadequate packaging performed by the sender is not compensable. Where the Company performs the packaging, this clause does not exclude its responsibility for the quality of that service.

9. Customs Inspections, Opening and Sampling
Competent authorities may inspect, open, sample, test, detain, return or lawfully destroy a shipment at origin, in transit or at destination, in accordance with applicable rules and decisions.
These actions may include opening outer cartons, inner packaging, wrapping or seals, taking samples and repacking. The Company cannot guarantee that such actions will not occur or control their outcome or duration.
To the extent permitted by law, direct consequences arising solely from lawful actions of those authorities and unrelated to the Company's negligence, including delay, sampling or broken seals, are excluded from the basic undertaking and Value Protection.
Opening or shortages will not be attributed to customs inspection on speculation alone. The matter will be assessed using available evidence and information.

10. Medicines, Tablets, Supplements and Powders
All medicines, tablets, supplements and powders must be disclosed before acceptance, including their name, composition, quantity and intended use.
Acceptance depends on origin, transit and destination regulations and carrier conditions. These goods may be prohibited, restricted or require documents and permits. Disclosure or factory packaging does not guarantee that shipment is permitted.
Competent authorities may open packaging or seals, take samples or conduct tests to identify contents and verify consistency with their declared description. Preservation of the original seal or freedom from sampling is not guaranteed.

11. Prohibited Items and Inaccurate Declarations
Illegal narcotics and psychotropic substances, weapons, ammunition and other unlawful goods must not be shipped.
dastyarMobile phones, perfume, sprays and other items on the Company's service-specific prohibited list are also not accepted. A service restriction does not necessarily mean that an item is unlawful under every transportation method.
The Company may inspect a shipment before dispatch to check compliance with the sender's declaration and shipping requirements, and may refuse to accept or dispatch non-compliant goods.
If the sender includes prohibited or undeclared goods or provides inaccurate information, the sender is responsible for direct, documented and legally recoverable costs and losses imposed on the Company as a result of that breach.
These may include holding, storage, return and destruction costs, and penalties attributable to the breach. Responsibility arising from the Company's own independent negligence is not transferred to the sender.

12. Route Security and Events Beyond Reasonable Control
Transportation and its continuation depend on route safety, legal authorizations and the ability of carriers to operate.
War, military operations, terrorism, civil unrest, border or airspace closures, legal or sanctions restrictions, natural disasters and other events beyond reasonable control may cause suspension, rerouting or delay.
To the extent permitted by law, losses directly caused by these events are excluded from the basic undertaking and Value Protection unless the relevant protection has been expressly agreed in writing.
These events do not automatically exclude the Company's responsibility for loss caused by its own independent negligence. As applicable, the Company will communicate reliable information about the disruption and practical options for further transportation or return.

13. Duties, Taxes and Additional Charges
The quotation or receipt must specify whether duties, taxes, clearance and destination charges are included. “Door-to-door delivery” alone does not mean that the Company pays all customs charges.
For services where these charges are not included, the responsible payer must be identified before shipment. Charges arising from the commercial nature of goods are also subject to section 4.
Unanticipated inspection, storage or return charges will be allocated according to their cause and the agreed terms. Where possible, the Company will obtain the customer's approval before incurring optional charges and will provide supporting documents for charges claimed.

14. Recipient Details and Delivery
The sender is responsible for providing the recipient's correct name, address, postal code, telephone number and other required details. The recipient must cooperate in providing documents or completing legal steps necessary for delivery.
Delivery to the recipient or an authorized person will follow the service specifications and be supported by a delivery record. Customer-requested delivery without a signature or unattended delivery is subject to the disclosed conditions of that service.
If delivery is not possible because of an incorrect address, lack of cooperation or refusal by the recipient, storage, redelivery or return options and related charges will be assessed under applicable rules and route capabilities. This clause does not provide unrestricted authority to transfer ownership of or destroy a shipment.

15. Inspection After Delivery and Notice of Damage or Shortage
After receiving the shipment, the recipient must inspect its packaging and all contents. Damage, shortage, discrepancy or signs of opening must be reported to the Company in writing within 48 hours of receipt. A delay in inspection does not postpone the start of that period.
The report must be submitted as one consolidated report after all contents have been inspected. It must include the receipt number, a precise list of all matters claimed, quantities, a description of damage or shortage, and available photographs of the goods and packaging.
The initial report forms the basis of the claim. After it is registered, new items, increased quantities of missing items or material changes to the claim will not be accepted, except where reliable reasons and evidence establish an error in the initial report, concealed damage that could not reasonably have been identified, or where the law requires otherwise.
Additional evidence concerning the same matters identified in the initial report, including invoices, further photographs or repair estimates, does not constitute a change to the subject of the claim.
Packaging, labels and damaged goods must, where possible, be retained until the review is complete. The Company must be notified before damaged goods are repaired, discarded or transferred so that an inspection can be arranged.
Failure to comply with these deadlines or requirements may limit the ability to establish the cause and extent of loss and accept the claim. However, this clause does not exclude non- waivable customer rights or mandatory deadlines under applicable laws and conventions.
For a shipment that has not been delivered, the 48-hour post-receipt deadline does not apply. The matter must be investigated through a non-delivery enquiry.
Claims will be reviewed under the customer's contract with the Company. Merely referring the matter to an intermediary carrier does not replace the Company's review. Duplicate recovery for the same loss is not permitted.

16. Compensation Limits and Legal Rights
The basic undertaking and Value Protection cover direct, proven loss to goods. To the extent permitted by law, lost profits, business losses, sentimental value and other indirect losses are not covered.
Any refund of transportation charges will be assessed separately from the goods' value, according to the cause of the incident, service conditions and applicable rules.
Nothing in these terms removes rights or protections that cannot lawfully be excluded or limited under mandatory laws or applicable conventions. Mandatory requirements prevail in the event of a conflict.
The version of these terms provided to and accepted by the customer before order acceptance governs that order. Later changes do not apply retrospectively to previous orders without a valid agreement.