ANNEX 10 Claims Policy

Welcome to GoGo Xpress! You’ll find the guidelines that make up Our Claims Policy below. In case, You can’t find the information You need, You may contact our Customer Care Team at customercare@gogoxpress.com.

Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein. The use of the term “Policy” in this Annex shall refer to this Annex.

1. General Guidelines
   • a. All complaints, claims, or other issues (each, a “Claim”) arising from Your use of the Services must be made by You, in writing, and sent via email to customercare@gogoxpress.com, within the periods stipulated below. 
   • b. For Claims on incomplete or damaged orders, the Claim must be made within 72 hours from the date of delivery of the relevant Item to the Buyer or date of return to the Seller.
   • c. For Claims on undelivered orders where the package is still in-transit, except if confirmed by GoGo Xpress as Return-To-Shipper (RTS) orders, the Claim must be filed on or before the 30th day from the pickup date.
   • d. For Claims on Return-To-Shipper (RTS) orders that have not been returned to You within fifty (50) days from the Delivery Commencement Date, You shall have ten (10) days from the last day of the 50-day period to file a Claim. RTS orders refer to orders that are to be returned to You, the original shipper. Possible reasons for RTS orders are, but not limited to: the shipment was refused by the intended receiver; the stated delivery address could not be found; unable to deliver after prescribed delivery attempts.
   • e. For Claims on delay in delivery (i.e. an order was still delivered but delivery was delayed), Claims must be filed within 10 days from the date of delivery.  This provision shall not apply if the delay is due to the instances covered in Section 2(a) of this Policy.
   • f. Applicable supporting documents may be required, such as:
     • i. Pick up receipt
     • ii. Screenshot of the order page with the tracking information
     • iii. Any photo applicable to the claim
   • g. We reserve the right to require additional documents and/or information from You that are necessary in the proper evaluation of the Claim at any time.
   • h. All Claims will be subject to investigation. We shall have sole and reasonable discretion to determine whether a Claim is meritorious given the Claim and other supporting documents provided by You, the claimant.
     • i. FAILURE TO FILE A CLAIM IN ACCORDANCE WITH THE ABOVE-STATED GUIDELINES AND WITHIN THE STATED PERIODS SHALL CONSTITUTE A WAIVER OF SUCH CLAIM AND SHALL FREE US FROM ANY LIABILITY WHATSOEVER. SUCH FAILURE SHALL AMOUNT TO A WAIVER BY YOU OF ANY AND ALL CLAIMS AGAINST US OR ANY OTHER USER OF THE SERVICES FOR ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF YOUR USE OF THE SERVICES OR THIS TERMS SPECIFIC TO SUCH CLAIM.
2. Liability for Loss, Damage, or Delay
   • a. We and Our Fulfillment Partners will not be held liable for loss, delay, or damage arising from or are materially attributable to acts of God, force majeure, acts of government authority, the Seller’s breach of this contract or other fortuitous events. The following shall be considered as force majeure: strikes, lockouts or other industrial disturbances; acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots; epidemics, pandemics; landslides, subsidence, lightning, earthquakes, fires, storms or storm warnings; crevasses, floods or washouts; civil disturbances; explosions, breakage or accident to wells, machinery, equipment or lines of pipe; the necessity for testing or making repairs or alterations to machinery or equipment; inability of Us or our Fulfillment Partners to obtain, after the exercise of reasonable diligence, necessary materials, supplies, rights of way or permits. 
   • b. We and Our Fulfillment Partner will not be held liable for other damages, such as moral and exemplary damages, and consequential damages unless the amount of foreseen consequential damage is declared during the acceptance and a higher delivery fee is paid. 
   • c. For lost or damaged Goods: Our liability is limited to the (i) value declared in the GoGo Xpress system, regardless of the actual and/or declared content of the Package and (ii) refund of the delivery fee, if applicable. If loss or damage is partial, it will be computed by Us based on a prorated amount of the total items inside the package after investigation 
   • d. For delay in delivery: Liability is limited to a refund of the delivery fee actually paid by You.
3. Claims Attributed to the Fault of the Seller
   
   Claims that arise from or are materially attributable to Your act or omission based on the investigation conducted will not be honored by Us and will be settled by You directly with the Buyer. We urge You to understand and comply with the ANNEX 3 Product Quality Policy to avoid claims borne out of Seller’s fault. These include but are not limited to the following cases:
   • a. Damaged or defective items where delivery has been completed 
     
     Items are delivered in the state in which they were picked up from You by Our Fulfillment Partner. Claims will not be honored unless there is compelling evidence of mishandling by Our Fulfillment Partner while in transit. 
   • b. Damaged or defective items where the item delivered was not properly declared or not properly packed by the Seller 
     
     Items are delivered in the state in which they were packed by You, and due care and diligence is exercised by Our Fulfillment Partner in the handling of the Packages. You are required to declare and pack Items that may require special handling appropriately. We, and Our Fulfillment Partner , reserve the right to accept or refuse such items for pickup and delivery. Any Claims for defective or damaged Items due to non-declaration or improper packing of the item for delivery will not be honored by Us, and will be settled by Your directly with the Buyer. 
   • c. Wrong item delivered 
     
     The Buyer has received an Item that the Buyer did not order or an Item that is not as described. For avoidance of doubt, an Item is not as described where it differs substantially from what was described in the Seller’s product description in any of the following aspects: color, quantity, quality, size, make and model. You will settle Claims due to delivery of the wrong item directly with the Buyer.
   • d. Use of Sell a Product on-behalf of Buyer
     
     Transactions made using the Sell a Product where Buyer is did not input their information are considered void.

4. You must file applicable Claims using the following process:
   • a. You may file a Claim by sending an email to customercare@gogoxpress.com with the following information:
     • i. Reason for Claim
     • ii. Tracking Number
     • iii. Delivery Commencement Date
   • b. Attach applicable supporting documents:
     • i. Pick up receipt
     • ii. Screenshot of the order page with the tracking information
     • iii. Photos of the damaged item and packaging in all angles
     • iv. Photos before the package was ship out and how the item was packed (with visible Air Way Bill and fragile sticker)
     • v. Photo showing damage to the outer packaging (with visible Air Way Bill and fragile sticker)
     • vi. Photo of the damaged item  Focusing on area where item is damaged
     • vii. Description of the damage/how the parcel was received.
     • viii. Others documents as needed

Note that We reserve the right to require additional documents and/or information that are necessary in the proper evaluation of the claim.

5. We shall exert commercially reasonable efforts in resolving filed Claims within five (5) Business Days. Monetary Claims that are found to be meritorious after investigation will be paid within 7-10 Business Days from the date the decision is sent to You or based on an agreed pay-out schedule with Us.
6. Exceptions to the Policy. This Policy shall not apply in the following instances:
   • a. The Buyer has already requested a chargeback through his or her payment provider (credit card company or bank).
   • b. The Buyer has already filed a dispute via his/her credit card provider or bank.
   • c. Items are prohibited under ANNEX 4 Cargo Restrictions, Prohibited Goods, and Packaging Policy. In the foregoing instances, You understand that Your remedy is with Your own service providers and said Claims will not be honored by Us.
7. We do not tolerate fraudulent claims. If You are suspected and proven to have filed a fraudulent claim, Your Account and Earnings for Disbursal will be subject to Penalties in accordance with ANNEX 11 Fraud Policy.