Loss or failed delivery or damage in transit or short shipment
Loss, failed delivery, damage in transit, leaks, or short shipment
This policy governs incidents involving loss, failed delivery, non-delivery, damage in transit, leaking or damaged containers, and missing products or quantities.
The allocation of transport risk and the remedies available depend on whether the Buyer is a Business Buyer or a Consumer, the applicable delivery terms, and mandatory law.
Business Buyers
For Business Buyer shipments supplied under CPT (Carriage Paid To), Incoterms® 2020, or another delivery term under which transit risk has passed to the Buyer, the risk of loss or damage is allocated in accordance with the applicable Incoterm or individually agreed delivery term.
Where the Company has arranged the transport and is the contracting party with the courier, logistics platform, broker, or freight provider, the Company may assist the Business Buyer in submitting or administering a valid transport claim. Such assistance does not alter the agreed transfer of risk or constitute an assumption by the Company of the carrier's liability.
Any recovery from a courier, logistics platform, freight provider, or transport insurer may be subject to that provider's applicable documentation requirements, exclusions, notification periods, liability limits, and compensation limits.
Nothing in this policy excludes liability of the Company for loss or damage caused by a breach attributable to the Company before the applicable transfer of transport risk or any liability that cannot lawfully be excluded or limited.
Consumers
Where the Buyer qualifies as a Consumer and the Company ships the Products using a courier or transport option proposed or arranged by the Company, the risk of loss or damage remains with the Company until the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Products, except where applicable law provides otherwise.
The Consumer's selection of one of the courier or transport options offered by the Company during checkout does not, by itself, transfer transport risk to the Consumer before physical delivery.
If a Consumer independently commissions a carrier that was not proposed by the Company, the allocation of risk shall be determined in accordance with applicable law.
The notification periods requested below are intended to enable prompt investigation and recovery against the carrier. They do not extinguish or restrict any mandatory statutory right available to a Consumer.
Inspection upon delivery
The Recipient should inspect the external condition of the shipment as soon as reasonably possible upon delivery and before signing an unqualified delivery receipt where the carrier provides an opportunity to record reservations.
If the packaging is visibly damaged, wet, punctured, crushed, open, leaking, resealed, incomplete, or otherwise shows signs of possible loss or damage, the Recipient should not sign an unqualified or “clean” delivery receipt.
The Recipient should instead record a written reservation on the carrier's delivery documentation describing the apparent condition of the shipment, for example:
“Shipment packaging is damaged, leaking and/or products or quantities may be missing. Delivery accepted subject to inspection of contents.”
Where product references or quantities are visibly missing, they should also be identified where reasonably possible.
If the courier does not permit reservations to be entered on the delivery record, the Recipient should document the condition of the shipment with photographs immediately upon receipt and notify the Company as soon as possible.
Visible transit damage or leakage
Visible transit damage includes external impact damage, crushed or punctured packaging, visibly broken containers, wet or contaminated packaging, and visible leakage of Product from a container.
Where visible damage or leakage is identified:
- the Recipient should record the damage on the carrier's delivery documentation where possible;
- photographs should be taken before the external packaging is discarded;
- the shipping label and tracking information should remain clearly identifiable;
- photographs should show the external packaging, internal packaging, affected container, Product label, and the nature and approximate extent of the damage or leakage;
- all relevant packaging and damaged items should be retained until the Company confirms that they are no longer required for the transport claim, where safe and reasonably practicable to do so; and
- the Company should be notified in writing at info@3Dresyns.com as soon as possible and preferably within three (3) working days of delivery.
Where a container is leaking, the Recipient should follow the applicable Product safety documentation and avoid unnecessary handling of the affected material.
Concealed damage or concealed leakage
Some transport damage may not be apparent from the external packaging and may only become evident after the shipment is opened.
Where damage, leakage, breakage, or loss was not reasonably visible at the time of delivery, the Recipient should notify the Company immediately after discovery and, wherever possible, within seven (7) calendar days of delivery.
The notification should include photographs of the external package, internal packaging, affected Product or container, Product label, shipping label, and any other information reasonably required to establish the condition of the shipment.
For Business Buyer shipments, failure to document and report concealed damage within the applicable transport-claim period may prejudice or prevent recovery against the carrier or logistics provider.
For Consumers, failure to report the issue within the operational periods stated in this policy does not extinguish mandatory statutory rights.
Short shipment or missing products
If a shipment is delivered but one or more Products, containers, or ordered quantities are missing, the Recipient should first compare the received contents with the packing documentation and order details.
Where the external package appears damaged, opened, resealed, or incomplete, the Recipient should record an appropriate reservation on the delivery documentation and photograph the shipment before disposing of the packaging.
Short shipments should be reported to info@3Dresyns.com as soon as possible and preferably within three (3) working days of delivery, identifying:
- the order number;
- the affected Product reference or references;
- the quantity ordered;
- the quantity received;
- the shipping label and tracking number; and
- photographs of the package and its contents where relevant.
The Company will verify its order and dispatch records and, where appropriate, investigate the incident with the carrier or logistics provider.
Suspected loss or non-delivery
The Recipient should monitor the tracking information supplied for the shipment and notify the Company promptly where a shipment appears to have been lost, has stopped progressing through the carrier network, or has not been delivered within the expected transit period.
Suspected loss or non-delivery should be reported in writing to info@3Dresyns.com without undue delay and preferably within seven (7) working days after the estimated delivery date or, where appropriate, within seven (7) working days after the last meaningful tracking update.
These notification periods are designed to allow the Company to initiate an investigation before any applicable courier or logistics-platform claim period expires.
Courier and logistics providers may impose their own deadlines for opening loss or non-delivery investigations. The Company cannot guarantee recovery from a carrier or platform where notification is received after the applicable external claim period has expired.
Business Buyer claims for loss or non-delivery
Where transit risk has already transferred to a Business Buyer under CPT Incoterms® 2020 or another applicable delivery term, the Company's role in relation to a carrier loss is limited to the obligations arising from the applicable delivery term and, where reasonably possible, assistance in presenting or administering the carrier or insurance claim where the Company is the contracting party for the transport.
Failure by a Business Buyer to notify the Company with sufficient time to comply with the applicable carrier, platform, or insurer claim requirements may prevent the Company from pursuing recovery on the Buyer's behalf.
Where the Company has no independent liability for the loss, any payment or recovery in respect of the transit incident may be limited to the amount actually recoverable under the applicable transport or insurance arrangement.
Consumer claims for loss or non-delivery
Where the Buyer is a Consumer and transport risk remains with the Company under applicable law, the inability of the Company to obtain compensation from the courier, platform, or insurer does not remove any mandatory remedy the Consumer may have against the Company.
Carrier claim deadlines and liability limits regulate the relationship with the transport provider and do not override mandatory Consumer rights.
Estimated courier transit times are normally indicative unless a specific delivery commitment has been expressly agreed. This does not affect any mandatory statutory requirements concerning delivery within an agreed or legally applicable period.
Transport insurance
Payment of courier or shipping charges does not mean that a shipment is insured for the full commercial value of the Products.
Standard courier services offered during online ordering should not be assumed to include full-value transport insurance unless this is expressly stated for the selected transport option.
If a Business Buyer requires insurance covering the declared commercial value of the shipment, this should be requested at info@3Dresyns.com before the order is placed or confirmed. Where available, the Company may provide a separate quotation for the requested insured transport service.
For Business Buyer shipments for which full-value insurance has not been expressly agreed, any carrier recovery may be subject to the carrier's, platform's, or freight provider's standard liability limits.
The absence of optional transport insurance does not restrict mandatory rights available to a Consumer.
Failed delivery caused by the Recipient
The Recipient is responsible for providing a complete and accurate delivery address, appropriate contact information, and any information reasonably required to complete delivery.
For Business Buyers, where delivery fails because of an incorrect or incomplete address supplied by the Buyer, repeated unavailability of the Recipient, refusal of a compliant shipment without justified cause, failure to provide required import information, or another circumstance attributable to the Buyer or Recipient, any reasonable additional transport, storage, return, re-export, or re-delivery costs may be charged to the Business Buyer.
For Consumers, any consequences of failed delivery shall be subject to mandatory applicable consumer law.
Customs, duties, and import compliance
For shipments where import clearance is the Buyer's responsibility under the applicable delivery terms, the Buyer is responsible for complying with destination-country import requirements, including applicable permits, registrations, licenses, import VAT, customs duties, taxes, and other governmental requirements.
The Company is responsible for providing the commercial and export documentation that it has expressly undertaken to provide for the shipment and for information within its control being accurately stated to the extent required by applicable law.
For Business Buyers, the Company shall not be responsible for delay, refusal of import, storage, return, seizure, re-export, or destruction resulting from:
- destination-country import restrictions or prohibitions;
- failure by the Buyer or Recipient to obtain required licenses, permits, registrations, or approvals;
- failure to pay import duties, taxes, brokerage, or other destination charges for which the Buyer is responsible;
- failure by the Buyer or Recipient to respond to Customs or the carrier;
- incorrect or incomplete information supplied by the Buyer or Recipient; or
- other destination-country requirements outside the Company's contractual responsibility.
Where such circumstances are attributable to the Business Buyer or Recipient, reasonable additional storage, return, re-export, destruction, customs, brokerage, or re-shipment costs may be charged to the Business Buyer.
Nothing in this section excludes responsibility of the Company for consequences directly caused by an error or contractual breach attributable to the Company or any liability that cannot legally be excluded.
Customs and Confidential Information
The Buyer acknowledges that destination-country Customs, regulatory, safety, or other competent authorities may require information or documentation as a condition of importation.
The Company's policies regarding confidential compositional information do not override mandatory disclosure obligations imposed by applicable law or by a competent authority.
Where additional information is legally required for importation, the Company may evaluate the request and provide information to the extent required by applicable law and subject, where legally permissible, to appropriate confidentiality protections.
Made-to-order Products and transport incidents
The made-to-order nature of a Product does not, by itself, determine responsibility for loss, non-delivery, transit damage, leakage, or short shipment.
Transport incidents are handled under this policy according to the applicable allocation of risk, while cancellation, withdrawal, return, refund, and conformity rights are governed separately by the Company's Refund and return policy and mandatory applicable law.
Any voluntary commercial accommodation offered by the Company beyond its contractual or legal obligations, including discretionary store credit, replacement, or other assistance, does not constitute an admission of liability and does not create a precedent for other transactions.
Force majeure and events beyond reasonable control
The Company shall not be liable to the extent that a delay or failure to perform an obligation results from an event beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, strikes, governmental actions, changes in law, exceptional Customs restrictions, major transportation disruptions, widespread supply-chain interruptions, power failures, or failures of essential telecommunications or information systems, provided that the Company has not caused the relevant event and has taken reasonable measures required under the circumstances.
Where such an event prevents or materially delays performance, the Company may suspend or postpone the affected obligation for the duration of the event to the extent permitted by applicable law.
If performance becomes impossible or the affected order is lawfully terminated or cancelled, any payment, refund, or other consequence shall be handled in accordance with the applicable contractual terms and mandatory law.
Mandatory rights
Nothing in this policy excludes, restricts, or modifies any right, remedy, obligation, guarantee, or liability that cannot lawfully be excluded, restricted, or modified.
Where the Buyer qualifies as a Consumer, mandatory consumer protection law prevails over any conflicting provision of this policy.