Terms and Conditions

A. Introduction / Privacy

A1. Home DeliveryBR is committed to ensuring the security of your personal information. To prevent unauthorized access, maintain data accuracy and ensure correct use of information, we have implemented physical, electronic, and administrative procedures to save and protect the information we collect online. We have sensitive Internet Encryption and Secure Socket Layer (SSL) Software to collect or transfer data such as credit card information. Any information you enter is
encrypted in your browser, sent over the public Internet in encrypted form, and then encrypted on our server.
A2. Rates and service quotations provided by us are based upon information provided by the Customer. Final rates and services may vary based upon the shipment tendered and the application of these Terms and Conditions. Rates quoted may vary until the shipment is tendered to Home DeliveryBR.
A3. This Agreement and its rights and obligations shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches,and/or performance of this Agreement which cannot be reconciled, the parties hereto agree that any dispute arising out of or relating to this Agreement must be filed exclusively in Miami-Dade County, Florida and each of the parties hereto consent and agree that jurisdiction and venue are proper in Miami-Dade County, Florida and specifically waive any objections based on forum no convenient.
A4. Right to Inspect: We reserve the right to and may, at our option, open and inspect your shipment after we receive them from you.
A5. Qualified acceptance: We reserve the right to reject a shipment after acceptance but prior to delivery when such shipment may or would be likely to include goods on our prohibited and dangerous goods list, cause damage or delay to another shipment, our equipment or personnel, (or the equipment, personnel or other shipment of indirect or direct air carriers or other transportation providers) or if the transportation, handling, delivery or possession of such shipment and/or its content is prohibited by law or is in violation of any applicable rule or regulation or the terms set forth herein.
A6. BY USING THE HERCO FREIGHT FORWARDING AND OR HOME DELIVERYBR SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

B. Cookies

– We may routinely send a “cookie” to your computer. Cookies are data sent to your browser from a web server and stored on your computer’s hard drive. A cookie cannot read data from your hard drive or read data created by other websites. Cookies do not damage the system. We use cookies to recognize you when you return to our sites, or to identify which areas of our site network you have visited (i.e. ecommerce sites). We may use this information to better personalize the content you see on our sites. Many websites may place cookies on your hard drive. You can choose whether to accept cookies by changing your browser settings. Your browser may refuse all cookies or show you when a cookie is being sent. If you choose not to accept these cookies, your experience on our site and other sites may be diminished and some features may not work. We are concerned about the privacy of children and do not collect any personal information from a child under 13. We encourage you to engage with your child’s access to the Internet and to our website to ensure that your privacy is well protected.

C. Account / Billing and Payment

C1. Improper, illegal, or other misuse includes, but is not limited to, ordering supplies for any purpose other than shipping with Home DeliveryBR unauthorized consolidation of shipments owned by different parties or other violations of these Terms and Conditions. If your
account has been compromised or stolen, you must inform Home DeliveryBR immediately and the account may be closed, and you may be issued a new account. However, you will be responsible for all charges not contested in writing within fifteen (15) days of the posting of such charge(s) on the closed account.
Home DeliveryBR does not offer consumer credit privileges. Any individual shipping for personal use must prepay the shipment charges.
C2. The Customer hereby authorizes Home DeliveryBR to charge his/her credit card or other electronic payment for the following expenses incurred in the performance of the services:

• Freight expenses for good and documentation
• Depending on the service selected, import taxes and other taxes;
• Expenses with local shipment to destination (if applicable);
• Insurance costs (if purchased by customer);
• Home DeliveryBR shall not be responsible for any delays caused
• by expired, denied or void credit card/electronic payment information provided.

Home DeliveryBR reserves the right to verify the method of payment of any shipment and to refuse any shipment for which the method of payment cannot be verified. For the safety of our customers, Home DeliveryBR may request additional information to verify the identity of the Customer. Such additional information may include:
a. Copy of your ID Card or Passport
b. Copy of the last credit card statement
c. Copy of both sides of credit card

C3. Home DeliveryBR reserves the right to bill the customer additional amounts, and the customer hereby consents to the billing of such additional amounts, for all packages that are overweight or require special handling.

D. Invoice adjustments/overcharges:

D1. Home DeliveryBR reserves the right to audit waybills and shipments made via any means, including, but not limited to, an electronic shipping device to verify service selection and shipment weight. If the service selected or weight entered is incorrect, the customer hereby authorizes Home DeliveryBR to make appropriate adjustments to the shipment charges.
D2. Senders are solely responsible for the entry of accurate shipment information in the online quote form, registration, and address addition field. If the customer fails to provide or accurately enter this information, the customer will be billed for any additional charges based on an estimate of the number of packages transported and either the dimensional weight at the time of billing or a standard default weight-per-package estimate, both of which will be determined by Home DeliveryBR in its sole discretion.
D3. Home DeliveryBR reserves the right, and the customer hereby consents, to Home DeliveryBR applying any overcharge reimbursements to satisfy any amounts due and owing from customer to Home DeliveryBR that have been outstanding for more than sixty (60) days.
D4. If a federal value-added, consumption or similar tax is applicable to your shipment,Home DeliveryBR and Customer hereby agree that any such amounts shall be added to the shipping charge without further notice.
D5. The customer and any other party who is liable for payment are responsible for all reasonable costs incurred by Home DeliveryBR in obtaining, or attempting to obtain, payment for services rendered. Such costs include, but are not limited to, attorneys’ fees,collection agency fees, interest on past due amounts at the rate of eighteen percent (18%) per annum, court costs and any other costs or fees incurred by Home DeliveryBR.
D6. Home DeliveryBR may transfer and/or assign ownership of all rights to collect amounts due and payable to Home DeliveryBR.
D7. We accept Visa, MasterCard, Discover and American Express. All online orders are processed through 128-bit SSL encryption to protect your credit card information during your online transaction. All prices and values are expressed in U.S. dollars. For additional details regarding currency exchange rate please contact the bank and or card provider.
D8. All packages can be stored free of charge for up to 30 (thirty) days after receiving, followed by payment of international freight. If the freight is not paid within the time limit of 30 (thirty) days, it will be sold for replacement of operational costs.
D9. Rates and service quotations provided by the Home DeliveryBR Quote are only estimates and actual charges may vary based upon the characteristics of the shipment tendered and any additional charges and fees incurred by Home DeliveryBR incidental to the shipment. The Home DeliveryBR Terms and Conditions, as revised or amended from time to time, will govern the services provided by Home DeliveryBR regardless of any written or verbal statements made by Home DeliveryBR employees or their agents.

E. Transit Time / Customs Clearance / Shipping

• Each service has its own transit time.
• Transit time is specified on our calculator next to its corresponding service.
• Home DeliveryBR is not responsible for delays caused by customs and/or third parties.
• Our transit times do not include delays caused by local customs clearance and its officials.
• Customer is responsible for selecting the desired services thus accepting this terms and conditions and the service’s procedure.
• When shipments are held by customs or other agencies due to incorrect or missing documentation, Home DeliveryBR may attempt first to notify the recipient. If local law requires the correct information or documentation to be submitted by the recipient and the recipient fails to do so within a reasonable time as we may determine, the shipment may be considered non-deliverable. If the recipient fails to supply the required information or documentation, and local law allows the sender to provide the same, we may attempt to notify the sender.
• If the sender also fails to provide the information or documentation within a reasonable time as we may determine, the shipment will be considered non-deliverable.
• Notwithstanding the aforementioned,Home DeliveryBR assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation.
• Shipments requiring additional documentation may be subject to additional transit time. Proper completion of necessary documentation, with complete and accurate shipment information, including the appropriate Harmonized Tariff Code, is the sole responsibility of the Customer.
• The sender is responsible for making sure goods shipped internationally are acceptable for entry into the destination country. All
  charges for shipment to and from countries where entry is not permitted are to be done by the Customer (Sender or Receiver).
  Home DeliveryBR assumes no responsibility for shipments abandoned in customs or shipments that may be considered non-deliverable. Depending on the service selected:
  a. The rate charges by Home DeliveryBR includes the payment of all taxes and customs rights for the customs clearance of the freight/package at the country of destination, based on the information provided by the Customer. If the information entered by Customer is incorrect or the customs regulations have changed for any other reason that results in increased charges that are not directly caused by Home DeliveryBR, the customer shall be responsible for all additional charges imposed upon the shipment. Customer hereby consents to Home DeliveryBR charging any such extra amounts to the customer’s credit card or electronic payment on file.

E1. To complete clearance of certain items through customs, Home DeliveryBR may advance certain duties and taxes as assessed by customs officials. All duties and taxes advanced by Home DeliveryBR or third parties/partners shall be reimbursed by the customer, if a “duties paid at destination” service is hired.
E2. All duties and taxes will be billed to the sender. If the sender fails to designate a party for payment on the waybill, duties and taxes will automatically be billed to the recipients where allowed. Regardless of any payment instructions to the contrary, the sender is ultimately responsible for payment of duties and taxes.
If transportation charges for a shipment are billed to a credit card or other electronic payment, Home DeliveryBR reserves the right to settle all uncollected duties and taxes associated with the customer’s shipment to the credit card or electronic payment account on file.
If a shipment is refused by the recipient, leaks or is damaged, the shipment will be returned to the sender if possible. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage, or damage due to faulty packaging, the customer is responsible for and will reimburse Home DeliveryBR for all costs and fees of any type connected with the legal disposal of the shipment and all costs and fees of any type connected with cleanup of any spill or leakage. A shipment will be deemed undeliverable if it cannot be delivered for any of the following reasons:
a. The recipient of a hold at Home DeliveryBR designated location shipment cannot be located.
b. The recipient refuses to accept the shipment.
c. The recipient’s delivery address cannot be located or verified.
d. The shipment contains prohibited items.
e. The recipient’s place of business is closed.
f. No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts.
g. Any other reason beyond the control of Home DeliveryBR. When practicable, Home DeliveryBR will use reasonable efforts to contact the sender for instructions on returning or otherwise disposing of an undeliverable shipment. If the shipment is returned to the sender, all return charges will be billed to the sender. Home DeliveryBR may, in its sole discretion, dispose of all the undeliverable packages and invoice customer for all fees incurred by Home DeliveryBR arising from its disposal of an undeliverable shipment.
E3. Dimensional weight: Shipments where dimensional weight exceeds actual weight are charged based on dimensional weight according to the following volumetric calculation: Dimensional weight in kg per package = Length x Height x Width in cm / 6,000.
E4. You are responsible for checking whether or not an item is prohibited or restricted.
E5. Rates & Shipping:

• Minimum chargeable weight: 100g;
• Any shipment containing batteries requires pre-authorization;
• Shipments containing lithium batteries are subject to prevailing regulations and packaging requirements as set out by the International Air Transport Association (IATA);
• An accurate pre-alert must be provided electronically prior to shipment drop-off at Herco Freight Forwarders/Home DeliveryBR facilities or pick-up;
• Rates are applicable only when shipment is consigned according to instructions and presentation requirements;
• Herco Freight Forwarders/Home DeliveryBR reserves the right to review and adjust its rates at any time without notice;
• All shipments are subjected to customs inspection and clearance;
• Any penalties, customs duties and/or other relevant taxes imposed by authorities will be invoiced to consignor at cost;
• Balloon, oversize, and volume pricing may apply.

F. Claims

F1. All claims for damage, delay (including spoilage claims) or shortage, must be made in writing to Home DeliveryBR within ten (10) business days following the delivery of the shipment. All other claims, including, but not limited to, claims for non-delivery must be made in writing to Home DeliveryBR within four (4) months after the package was tendered to Home DeliveryBR for shipment.
F2. Home DeliveryBR hereby disclaims any and all liability for claims that are not submitted within the time limits prescribed herein and customer agrees to hold harmless Home DeliveryBR from any and all liability if customer fails to submit its claims within the time limits prescribed herein.
F3. Customer’s notice of claim must include complete shipper and recipient information, as well as the Home DeliveryBR tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide notice of claim in the manner and within the time limits set forth this section, will result in denial of your claim and Home DeliveryBR will have no liability or obligation to pay your claim.
F4. Home DeliveryBR will not act on any notice of claim until all transportation charges have been paid in full. Customer is not permitted to deduct the amount of any claim from any outstanding balance it owes to Home DeliveryBR.
F5. To verify any notice of claim for damage, Home DeliveryBR may request to inspect a damaged shipment at the recipient’s premises or request that the damaged package be returned for inspection at a Home DeliveryBR facility.
F6. Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage on the delivery document is prima facie evidence that the shipment was delivered in good condition.
F7. Only one claim can be filed in connection with each shipment. customer’s acceptance of payment for any claim shall be in full and complete satisfaction of the claim and Customer specifically agrees to hold Home DeliveryBR free and harmless from any and all
liability associated with the shipment for which Home DeliveryBR paid a claim.
F8. Upon payment of the full value of a claim, Home DeliveryBR, in its sole discretion, may retrieve the package for salvage, and Customer agrees that all right, title and interest in the package shall be transferred to Home DeliveryBR if requested.
F9. Claims may take up to 90 business days to be solved. Home DeliveryBR is not responsible delays and denied claims by third parties.
F10. All notices of claim must be in writing and sent to: homedelivery@homedeliverybr.com
F11. Failure to comply with any of the above conditions will result in the denial of your claim.

G. Liabilities and Assumed

G1. The liability of Home DeliveryBR is limited to the declared value of a shipment.
G2. Customer hereby acknowledges and agrees that under no circumstances will Home DeliveryBR, its agents, contractors, employees, and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income.
G3. Home DeliveryBR will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, miss-delivery, non-delivery, misinformation or any failure to provide information, except such as may directly result from the gross negligence of Home DeliveryBR. Home DeliveryBR will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, miss-delivery, non-delivery, misinformation or failure to provide information cause by or resulting in whole or in part from.
G4. Limitation on liability:

• Our liability for delays not caused by your negligence is, and shall be, limited to a refund of your delivery charges only.
• In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, we rely on the correctness of all documentation, whether in written or electronic format, and all information furnished by you; you shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold us harmless from any and all claims asserted and/or liability or losses suffered by reason of your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which we reasonably relied. You agree that you have an affirmative non-delegable duty to disclose all information required to import, export, or enter the goods.
• We will not be liable for your acts of omissions, including but not limited to improper or insufficient packaging, packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else in connection with the shipment.
• We will not be liable for loss, damage or delay caused by events we cannot control or reasonably foresee, including but not limited to acts of nature, negligence or improper conduct of direct or indirect air carriers or other transportation providers with whom we contract for delivery of your shipment, fire, theft, perils of the air, weather conditions, mechanical delays, act of public enemies, war, strikes, work stoppages, civil commotions, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority. We will not be liable for loss or damage to shipments of cash, currency, or other prohibited items. Our current list of prohibited items is available upon request.
• Our services are priced on the expectation that our shippers will directly ensure any shipment they deem to be of significant or extraordinary value. We are only responsible for packages in our possession in a limited amount. We cease to be liable for any loss or damage when we transfer the package, whether to an international carrier, an airline, a last mile delivery service, a postal service, or any other carrier. Because of the nature of the services, and the reliance on third party carriers in many cases, we cannot guarantee timely delivery and you agree we have no liability based on delayed delivery. In any event, the total amount of our liability will be limited to your actual damages you can document, up to a maximum obligation of one hundred dollars ($100) per manifest. In no event will we be liable to you, or to any party you are shipping to, more than that $100 limit, even if we are at fault for the loss or damage
• WE WILL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OR PROFITS OR INCOME, WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT BE INCURRED.

H. Confidentiality

H1. The parties are committed to maintain absolute secrecy about the data, technical and commercial specifications, operational, economic, legal information, know-how, documents, projects, drawings, plans, blueprints and concepts, diagrams or photos, data files and other information, in any format (“Commercial Information”), regardless of being explicitly stated that such information is of confidential aspect, which may come to their knowledge by virtue of the provision of services and access to the system, for a period of 12 (twelve) months after the end of the provision of services, not disclosing them to third parties in any way and/or under any pretext. The use of such information for purposes other than the execution of the object of the contract is forbidden.
H2. Confidential information is considered those that do not have a public nature and that the party becomes aware of when the services are provided.
H3. Information that is publicly known at the time of its transmission to a third party, as well as if requested by a governmental authority or judicial decision, shall not be considered confidential information, provided that the receiving party of the confidential information notifies the party holding such confidential information within 10 (ten) days.
The party receiving the Confidential Information will not use or copy it, under any circumstance, manner or purpose, unless previously and expressly authorized in writing by the party holding such Confidential Information. Any right to use or copy Confidential Information shall not hinder the maintenance and preservation of the property and the secrecy of such information.
By using the services by registering at Herco Freight Forwarding or Home DeliveryBR you agree to these terms of use. If you do not agree to these terms of use, do not use the services.