TOGGO Terms and Conditions

In this document, 'we,' 'our,' and 'Toggo' refer to TOGGO LAC LLC, its subsidiaries, branches, and controlled entities, as well as its respective employees, representatives, and independent contractors. 'You,' 'your,' and 'yours' refer to buyer users on our platform

"Package" means any product, item, or parcel packaged for delivery to users. 'Shipment' means all packages tendered to air carriers under a single Air Waybill. By agreeing to the terms when making your purchase and shipment, you accept, whether or not you sign the front of the carrier's Air Waybill used by Toggo, for yourself or as an agent and on behalf of another person, that you have an interest in this shipment, all the terms of the non-negotiable carrier's Air Waybill, and, as applicable, all the terms in any transportation service agreement entered into between Toggo and you covering this shipment, any applicable rate, and its current Service Guide or General Conditions of Carriage. No person is authorized to alter or modify the terms of this agreement. The Air Waybill used by the carrier selected by Toggo will be binding when the shipment is accepted; we may mark this Air Waybill with an employee number as our signature, or our printed name will be sufficient to represent our signature on this Air Waybill.

You ensure that all items in the shipment have the correct destination address (including postal code), which will be used on the Air Waybill used by the carrier selected by Toggo, along with any required import documentation, and that they are acceptable for air transportation. You are responsible for all charges and potential surcharges, customs duties, and tax fees, including fees related to our prepayment of these charges, government penalties and fines, taxes, attorney fees, and legal costs related to this shipment.

If the air transport of your shipment involves a final destination or a stopover in a country other than the country of origin, the Warsaw Convention and any of its subsequent amendments and protocols ("Warsaw Convention") may apply. In such a case, the treaty will govern and, in most cases, limit our liability for loss, damage, delay, incomplete delivery, wrong delivery, non-delivery, incorrect information, or omission of information regarding your shipment.

You should be aware that shipments transported partially or exclusively by land, whether or not there is an explicit agreement to do so, to or from a signatory country of the Convention on the Contract for the International Carriage of Goods by Road ("CMR") are subject to the terms and conditions of the CMR, notwithstanding any other provision referenced or found in the Air Waybill indicating otherwise, except that higher liability limitations defined in these conditions continue to apply contrary to what is stated in the CMR.

If not governed by the Warsaw Convention, the CMR, or other international treaties, laws, regulations, government orders, or requirements, our maximum liability for damage, loss, delay, incomplete delivery, wrong delivery, non-delivery, incorrect information, or omission of information regarding your shipment is limited by this Air Waybill to $100 USD per shipment or $9.07 USD per pound (or $20 USD per kilogram) (or the equivalent in your local currency).

We do not offer cargo liability insurance or all-risk insurance.

Subject to the service conditions contained in these policies and conditions, any applicable fees, our service guide, or our general transport conditions, we will not be liable for damages, whether direct, incidental, special, or consequential, exceeding the declared value of $100 USD or $9.07 USD per pound (or $20 USD per kilogram) (or the equivalent in your local currency), whichever is greater, regardless of whether we knew or should have known that such damages could occur, including, for example, loss of income or profits.

We will not be responsible for the acts or omissions of users or carriers, including, for example, the incorrect declaration of the destination address, errors or deficiencies in packaging, protection, or the actions or omissions of the recipient or any other person interested in the shipment. Also, we will not be responsible if you or the carrier violate any terms of our agreement. We will not be liable for losses, damages, delays, incomplete deliveries, wrong deliveries, non-deliveries, incorrect information, or omission of information regarding shipments of cash, currency, or any other prohibited items.

We will not be liable for any loss, damage, delay, incomplete delivery, misdelivery, non-delivery, misinformation or failure to provide information in connection with your shipment caused by circumstances beyond our control, including, but not limited to. for example, natural disasters, aviation hazards, weather conditions, mechanical delays, acts of public enemies, wars, strikes, civil commotions or actions or omissions of public authorities (including customs and health officials) with actual or apparent authority.

We do not offer warranties, either express or implied.

All claims must be made in writing and within strict deadlines not exceeding 48 hours after receiving your shipment or from the date the shipment should have been delivered, with a maximum of 10 calendar days after making your purchase.

The right to file a claim for damages against us will expire unless an action is initiated within the aforementioned period.

The claim must be documented within twenty-one (21) days after we have been notified. For this purpose, you must send us all relevant information related to the claim. We are not obligated to address any claims until all purchase and transportation charges have been paid, and the claimed amount cannot be deducted from such charges

If the recipient accepts the shipment without recording any damage in the delivery record, we will assume that the shipment was delivered in good condition. For us to consider a claim for damages, the content, the original cardboard box, and the packaging must be made available to us for inspection.

Even if you provide us with different payment instructions, you will be the principal responsible for all charges, including transportation expenses and possible surcharges, customs duties and tax fees, including fees related to our prepayment of these charges, government penalties and fines, and attorney fees and legal costs related to this shipment. You will also be responsible for expenses we may incur in returning the shipment to you or storing it until it can be disposed of.

By making purchases on the Toggo Platform and through this document, you agree that Toggo may choose any carrier to move your items, designate your consignee agent solely for customs clearance, and guarantee full freedom to certify the carrier as the nominal consignee for the purpose of appointing a customs agent to perform customs clearance. In some instances, local authorities may require additional documents to confirm such designation. You are responsible for providing the appropriate documentation and confirmation when necessary.

You guarantee and are responsible for compliance with all applicable laws, rules, and regulations, including, for example, customs duties; import, export, and re-export laws; and government regulations of any country to, from, through, or over which your shipment may be transported. You agree to provide such information and complete and attach such documents as necessary to comply with such laws, rules, and regulations. We are not responsible to you or any other person for any loss or expense due to your failure to comply with this provision.

You are also responsible for all charges, including transportation expenses and possible surcharges, all customs duties and tax fees, including fees related to our prepayment of these charges, government penalties and fines, taxes, attorney fees, and legal costs related to this shipment.

You authorize Toggo to choose your transport agent for export control and customs checks. You hereby certify that all statements and information contained in this document and in other annexes related to export are true and correct. Furthermore, you understand that civil and criminal sanctions, including charges for forgery and sale, may be imposed for making false or fraudulent statements; for violating any of the U.S. export laws, including, among others, 13 USC Sec. 305; 22 USC Sec. 401; 18 USC Sec. 1001; and 50 USC App. 2410; or for violating export laws of other countries.

If all required documents for transportation are not completed, you hereby instruct us, when permitted by law, to complete, correct, or replace the documents on your behalf and at your own expense. However, we are not obligated to do so. If a substitute for the Air Waybill is required to complete the delivery of your shipment and we complete such document, the terms of this document will continue to be in effect. We are not responsible to you or any other person for our actions on your behalf according to this provision.

In accordance with Law 1369/2009 Resolution 3095/11 CRC Commercial Code (Article 981 – transport contract and following).

By its nature

• Items that, due to their content, may cause damage or deteriorate other shipments. Products such as: weapons, illicit drugs, dangerous products such as contaminants, flammable chemicals, explosives, or products that must be kept under refrigeration, freezing, or heating, compressed or poisonous gases, refrigerants, radioactive material, infectious substances.

• Organic and hospital products, as well as industrial items, catalysts, pigments, or industrial products.
• We do not accept the transportation of money (including, among others, coins or negotiable instruments equivalent to money, such as endorsed bonds or stocks). We exclude all liability for the shipment of such items accepted by mistake. 
• Mandatory law If any provision contained or referred to in this document is contrary to any applicable international treaty, law, government norm, order, or requirement, such provision will remain in force as part of our agreement to the extent it is not invalidated. The invalidity or inapplicability of any provision will not affect the other provisions contained or referred to in this document.