SENDNOW BY ASENDIA: A SERVICE PROVIDED BY VNPost Express JSC

Terms and Conditions

Last updated 25.6.2026

This Website and parcel transport and delivery services (the “Service”) are provided to you (“you” means the customer to the Service, as further defined below) by VNPost Express JSC with the support of Parcel2Go.com Ltd.

This means that if you use this Website, you are contracting with VNPost Express JSC., (“EMS”) duly incorporated and registered in Vietnam, having its registered office at 8th Floor, the Marc 88 Tower, No. 88 Tran Thai Tong, Cau Giay Ward, Hanoi City, Vietnam and Tax Identification Number 0101826868 for:

(i) the procurement of parcel delivery services by EMS to you (which will be performed by EMS and its sub-contractors including Asendia Singapore Pte, Ltd); and

(ii) the provision of other services by EMS (‘we’, ‘us’, ‘our’) to you.

Your access and use of the Service is subject to the following terms and conditions (these “Conditions”).

When using the Service you are deemed accepting these Terms and Conditions and the Service Order sent to you as provided in clause 1 below and entering into a binding agreement with VNPost Express JSC.

Summary of material terms

Please read these Conditions carefully. We have summarised some of the material terms in these Conditions below:

(a) EMS and Parcel2Go.com Ltd (Website service provider and first-level customer service), and Asendia (EMS’s contractor for logistics services) shall process your personal information respectively in accordance with the following policies:

EMS Privacy Policy: https://ems.com.vn/chinh-sach-bao-mat-thong-tin-ca-nhan

Parcel2Go.com Privacy Policy: https://send.asendia.com/vn/privacy-policy

Asendia Privacy Policy: https://www.asendia.com/information-obligations

(b) The Service may only be used to deliver Consignments for lawful purposes and by individuals who are aged 18 years or over and who reside in Vietnam acting either for purposes unrelated to any entrepreneurial, commercial, craft or professional activity and by individuals, entrepreneurs or companies, which sell occasionally or regularly, including for business purposes. The Service may be limited to Service Orders which are sent or received from certain locations, as notified by us from time to time.

(c) In accordance with these Conditions, you may be liable for any additional costs which we incur if we are unable to deliver the Consignment to the delivery point or you provide us with a Consignment that includes Prohibited Items. For the avoidance of doubt, the inclusion or sending of Prohibited and Restricted Items remains strictly prohibited under these Terms & Conditions, and this provision solely clarifies that you shall remain liable and shall indemnify us (including our sub-contractors) and hold us harmless for any costs, expenses, losses, penalties, or liabilities arising therefrom, including in the destination and transit countries. EMS reserve the right to refuse acceptance, suspend transportation, inspect, hold, return, or dispose of shipments in cases involving Prohibited or Restricted items, inaccurate declarations, regulatory noncompliance, safety or security concerns, or other circumstances that may expose EMS to operational, legal, financial, or reputational risks.

Subject to Vietnamese Consumer Laws, our liability to you is limited in certain circumstances.

(d) In accordance with these Conditions, we may charge you additional fees if the dimensions or weight of your Consignment is greater than you have told us.

(e) These Conditions may be updated by us from time to time. We will provide you with reasonable notice (being such notice of not less of thirty (30) days) of any material changes by updating the Conditions on the Website, or if you subscribe to the Service, by contacting you directly.

(f) If you are a consumer under Vietnamese Consumer Laws, these Conditions do not in any event affect your rights under Vietnamese Consumer Laws, even when this is not expressly specified in these Conditions.

Standard Terms of Contract

1. Definitions

In these Conditions, where the following terms are used, they shall have the following meanings:

“Agreement” means these Conditions together with the Service Order.

“Collection Point” means the address at which a Consignment is received or collected by us.

“Consignment” means any item(s) which are, may be, or are intended to be, received by us from any sender at an address for us to carry and deliver to any recipient at any other address.

“Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.

“Delivery Point” means the address to which a Consignment is delivered by us.

“Excepted Risks” means:

(a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection with the foregoing;

(b) natural disasters, acts of God or force majeure events;

(c) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

(d) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same;

(e) electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings, pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster;

(f) retention or confiscation of a Consignment as a result of your fault or negligence (including your packaging or packing of the Consignment); and/or

(g) the absence, failure or inadequacy of the packing or packaging used for a Consignment, or loss or damage to the Consignment caused by such packaging or packing.

“Out of Gauge” means a Consignment which is outside of the weight and dimension ranges that we carry on a particular Service.

“Product and Service Specifications” means any brochures, user guides and fact sheets on the Website, which apply to the Consignment.

“Prohibited Item” means any item which cannot be carried on any Service, as described here: https://send.asendia.com/vn/help-centre/parcels/can-asendia-carry. Prohibited Items are not admitted by EMS and its sub-contractors.

“Restricted Items” means any item which transport is subject to regulated conditions as provided by law, regulations or international conventions, this incudes without limitation items subject to licenses of exportation/importation, to specific transport conditions, to specific labelling and/or packaging requirements. Unless specifically agreed in writing in advance by EMS and its sub-contractors (including carriers) and subject to full compliance with legal requirements applicable to their transport, Restricted Items are not admitted by EMS and its sub-contractors.

“Service” means the service and carriage of a Consignment by us in accordance with the Service Order.

“Service Order” means the summary of the order, which is displayed during the ordering process, which is confirmed to you in the confirmation email that we send accompanied with a receipt once we have accepted your order and received your payment.

“Vietnamese Consumer Laws” means, collectively, all applicable Vietnamese laws and regulations concerning consumer protection, including, without limitation, Law on Protection of Consumer Rights of Vietnam.

“Website” means the website which is located at the following url: https://send.asendia.com/vn.

“you” means the customer, who is contracted with us, as set out in the Service Order. For the purposes of these Conditions, a customer can be either a consumer, as defined by the Vietnamese Consumer Laws (i.e. an individual not pursuing any professional of commercial activities), or an individual, entrepreneur or company which uses the Service for purposes related to any entrepreneurial, commercial, craft or professional activity. The application of Vietnamese Consumer Laws under these Conditions shall be limited to the individuals, entrepreneurs or professionals who meet the criteria to be protected as consumers under Vietnamese Consumer Laws.

2. Our Obligations

2.1 We will carry out the Service for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with these Conditions.

2.2 We will use reasonable endeavours to meet, but do not guarantee, any particular delivery deadline or date. Any timeframes which are published in the Product and Service Specifications are indicative only, unless we expressly agree otherwise.

2.3 We have the discretion to select the route, the means of transport and the transportation and delivery sub-contractors that we will use to carry out the Service, and may change any of the foregoing at any time.

2.4 We have the right to make any changes to the Service which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Service and we shall notify you of any such changes by posting the updated Conditions on the Website.

2.5 If we make any other changes to these Conditions or the Service, we will give you advance notice of the change (which will not be less than 30 days) by posting the updated Conditions on the Website. Any such change will not apply to any Service Order that has already been confirmed.

2.6 We warrant that we will provide the Service using reasonable care and skill.

2.7 If we do not provide the Service with reasonable care and skill, you may require us to repeat or fix the Service or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the price from us. If you are a consumer, this is in addition to any rights you may have under the Vietnamese Consumer Laws.

3. Your Obligations

3.1 This Service is available to customers, whether businesses or consumers who reside in Vietnam. The Service may only be available from or to locations as noted on the Website and updated by us from time to time. Service Orders may only be placed by the registered cardholder of the card which is used to pay for the Service Order (or if you are a business, by an individual who is authorised to act on behalf of such business). However, you acknowledge that we are not under any legal obligation to verify the authority of any person.

3.2 These Conditions are available in English, and we will communicate with you in English and, where required by Vietnamese Consumer Laws.

3.3 Please note that certain items are Prohibited Items and you must not send any Prohibited Items by any of our Services. Please check your item against the Prohibited Item list here: https://send.asendia.com/vn/help-centre/parcels/can-asendia-carry. If you attempt to send any Prohibited Items, we reserve the right to deal with any Prohibited Item at our sole discretion and, to the extent permitted by law, we will not be liable in any way to you or the recipient of the Consignment containing the Prohibited Item. For the avoidance of doubt, this means that if these items are carried, they are carried without Parcel Protection for damage or loss, regardless of whether you have purchased Parcel Protection. Except for cases of our wilful misconduct or gross negligence, we disclaim all liability in respect of any Prohibited Items. We have the right to dispose of any Prohibited Items, in whole or in part, as we decide, and reserve the right to charge you for any reasonable costs we incur in doing so.

3.4 You must:

(a) to the extent reasonably required, co-operate with us in all matters relating to our provision of the Service;

(b) provide us with access to your premises, office accommodation and other facilities to the extent reasonably required if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us or our personnel;

(c) provide us with such information and materials as we may reasonably require in order to supply the Service and ensure that such information is accurate in all material respects (including by ensuring it complies with our Product and Service Specifications);

(d) ensure that the information you supply in the Service Order is complete and accurate. You must ensure the size, weight, contents and value of the items in the Consignment are accurate. If the declaration is wrong, we may charge you in accordance with clause 10; and

(e) not cause us to carry anything if it would be illegal or unlawful for us to do so (either in Vietnam or any country to which a Consignment is to be delivered or through which it transits), including if it would be illegal or unlawful to deliver to the intended addressee. You agree that, if you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.

3.5 It is your responsibility to prepare, mark, address and package the Consignment in such a way as to protect it against loss and damage. You must label the Consignment correctly.

3.6 It is your responsibility to check and prepare any import and export documentation which is required by any law or government authority to ensure that the Consignment may be sent to the recipient and to understand what duties, embargo rules, international sanctions and other criteria may apply. You may be required to complete customs declarations and other documentation before we can accept your Consignment. You will confirm that your Consignment complies with the import, export and customs laws and regulations of the country of departure, transit and of the destination country. Except for cases of our wilful misconduct or gross negligence), we are not responsible for any delays or failures to deliver caused by any customs declarations, other documentation or government authorities.

3.7 You understand and accept that your Consignment may be scanned (including by x-ray or other security screening methods) by us, or government authorities for security purposes.

3.8 In addition to the items on the Prohibited Items list, you must not send any of the following: livestock; liquids; perishable goods; gases; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials.

3.9 We reserve the right to refuse to carry any Consignment which is neither the property of nor sent on behalf of, you;

3.10 You acknowledge that, if there is a strike by (if you are a business) any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.

3.11 You must send each package as a separate Consignment. If you wish to combine a number of discrete packages within a Consignment, you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are delivered to the recipient, you accept that you cannot make a claim for loss or partial loss of the Consignment, except for cases of our wilful misconduct or gross negligence.

3.12 Certain items require more detail from you before they can be sent using the Service. Please check your item against the more information required list here: https://send.asendia.com/vn/help-centre/parcels/can-asendia-carry

4. Loading and Unloading

If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.

5. Collection and Deliveries and Sub-Contractors

5.1 If we are unable to deliver a Consignment at the Delivery Point, you agree that we shall be authorised, after having informed you, to attempt to deliver the Consignment to a nearby address or a safe location (but we are not obliged to do so).

5.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is, or in our reasonable opinion is likely to be, unsafe, hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately. To the extent that your act or omission caused the Consignment to become a Damaged Consignment, we may charge you for our reasonable costs of such disposal.

5.3 Return information is captured from the collection address details listed in the Service Order.

5.4 You agree that we may use third parties to support our provision of the Service to you. No contractual relationship is formed between you and our sub-contractors under these Conditions or by virtue of our sub-contractors performing any part of the Service. Subject to clause 6, we are liable for the acts and omissions of our sub-contractors.

6. Our Liability

YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

6.1 Nothing in this Agreement is intended to limit any right or remedy you may have under mandatory provisions of Vietnamese law, including, if you are a consumer, Vietnamese Consumer Laws. The Service is provided with guarantees that cannot be excluded under mandatory provisions of Vietnamese law, including Vietnamese Consumer Laws. For major failures with the Service, you are entitled:

(a) to cancel this Agreement; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the Service failure does not amount to a major Service failure, you are entitled to have the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion of this Agreement.

6.2 Nothing in these Conditions excludes, restricts or modifies any warranty, term, guarantee, representation or condition, or any right or remedy, implied or imposed by any law which cannot lawfully be excluded, restricted or modified. If any warranty, term, guarantee, representation or condition is implied into these Conditions and cannot be excluded (a Non-Excludable Provision), and we are able to limit the remedy for a breach of such a Non-Excludable Provision, then our liability for breach of such Non-Excludable Provision will be limited to one of the following, at our option:

(a) supplying the Service again; or

(b) the payment of the cost of having the Service supplied again.

6.3 Further, nothing in these Conditions limits any liability we may have in connection with any representations or other communications (either oral or written) where such liability cannot be excluded under applicable law.

6.4 Nothing in this Agreement shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence; or

(b) gross negligence,wilful misconduct or fraudulent misrepresentation,

even where such exception is not expressly stated.

6.5 As a responsible business, we will perform the Service in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these Conditions.

We shall investigate all claims which are received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.

The Extent of our Liability

6.6 To the extent permitted by law, we shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7 and in Schedule 1 for customs clearance and security formalities.

(a) General Liability Limitations for the Service:

Unless otherwise expressly agreed in writing, our liability arising from the Service for loss, damage or delay of Consignments is limited to the amounts set out in these Conditions. Our liability shall be subject to the exclusions, limitations, and mandatory provisions of the applicable national and international transport convention.

The liability limits stated herein apply per Consignment, regardless of the number of items contained within a single Consignment.

(b) Service-Based Liability Limits (for e-PAQ services):

e-For the following PAQ services, our total liability is limited as follows:

• e-PAQ Plus - For Consignments tendered under the e-PAQ Plus service, our maximum liability shall be limited to USD 42 per Consignment, irrespective of the nature, value, or commercial importance of the goods; and

• e-PAQ Select - For Consignments tendered under the e-PAQ Select service, our maximum liability shall be limited to USD 42 per Consignment (domestic and international), irrespective of the nature, value, or commercial importance of the goods.

The relevant Service-Based liability limit shall apply unless a lower Convention-Based liability limit, as outlined below and in clause 7.1, is applicable.

(c) Convention-Based Liability Limits

Where legally applicable, our liability shall be governed by the conventions which are referred to in clauses 7.1 and 7.2, and where such Convention-Based liability limit is higher than the applicable Service-Based liability limit referred to above in sub-paragraph (b), the Service-Based limit shall apply.

6.7 Except in cases of wilful misconduct or gross negligence, and without prejudice to liability for personal injury, our liability towards you shall be limited to direct and foreseeable damages resulting from our contractual breach or wrongful act.

We shall in no event be liable for any indirect or consequential damages, such as loss of profits, business opportunities, or reputation, unless such damages are the immediate and direct consequence of our wilful misconduct or gross negligence.

6.8 We shall not be liable to you:

(a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights you have entered and the actual dimensions and/or weights as reasonably determined by us, where the relevant loss or damage would not have arisen if the relevant declared dimensions and/or weights were accurately declared;

(b) for the cost or expense of any customs, duties or other taxes that arise due to your Consignment;

(c) in any circumstances in respect of the items on the Prohibited Items list or Restricted Items, unless otherwise stated by us; or

(d) for any loss or damage due to unsuitable packaging used for the Consignment, or for any damage to any such packaging.

The Limitation on the Amount of our Liability

6.9 Subject to clause 6.6 (in respect of e-PAQ services) and to the extent permitted by law, if we are liable to you for any reason, our liability will be limited to the lesser of: (i) a refund to you of the cost paid to us for the Service, or (ii) the amount calculated in accordance with the statutory weight-based limitation of liability described below in clauses 7.1 and 7.2.

Prohibited and Restricted Items

The shipment of Prohibited and Restricted Items is prohibited under these Terms & Conditions. A list of these items can be found at: https://send.asendia.com/vn/help-centre/parcels/can-asendia-carry. Notwithstanding the foregoing, EMS reserves the right to refuse acceptance, suspend transportation, cancel the shipment, dispose of the goods in accordance with applicable laws, and/or retain any applicable charges and fees if the shipment is found to contain Prohibited Items, items restricted under applicable laws and regulations, or goods which may adversely affect EMS’s operations, safety, reputation, legal compliance obligations, or transport network. Any resulting costs, liabilities, penalties, damages, or losses shall remain your responsibility as ourcustomer, andyou shall indemnify us (“us”) including our sub-contractors) and hold us harmless for any costs, expenses, losses, penalties, or liabilities arising therefrom, including in the destination and transit countries.

To the extent permitted by law, we do not accept any liability for damage to or damage caused by any of the items on these lists.

Special Provisions

6.10 We shall not be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.

6.11 If at any time we are prevented or delayed from starting, carrying out or completing any of the Services for circumstances which are outside of our reasonable control, including a strike, lock-out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway, you shall have no claim for damages against us for any loss that you may suffer to the extent arising of such circumstances. Where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable. We will, in any event, inform you of any delay which may materially affect the provision of the Service.

6.12 We shall not be liable for any late delivery or missed delivery or failure to deliver to the extent caused by or contributed to by any deficient or ambiguous labelling that you add to a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.

Packaging, Labelling and Receipt of goods

6.13 You must properly and sufficiently pack and label all goods for the intended Service and destination. Failure to do so is an Excepted Risk and could affect any liability for damage, as per clause 6.10.

6.14 You must pack the goods so that the Consignment or the contents of the Consignment or any other goods which are transported by us will not be lost or damaged whilst being transported, and will not cause injury or damage to any person, any property or other goods.

6.15 If the Consignment has been pre-packed, for example new goods in a display box, the requirement to properly pack the goods, as set out in clauses 6.13 and 6.14, must include packing the Consignment so that the packaging will not be damaged whilst being transported.

6.16 You must ensure that the labelling has the full details of the recipient and sender of the Consignment, including phone number, email, address and postcodes.

Your Default

6.17 To the extent that our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):

(a) we shall (without limiting our other rights or remedies and after having informed you) have the right to suspend performance of the Service until you remedy Your Default and, and we shall have the right to rely on Your Default to the extent that Your Default prevents or delays our performance of any of our obligations; and

(b) we shall not be liable for any costs or losses that you may suffer due to Your Default.

7. International Carriage

7.1 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure, then the Montreal Convention, as amended from time to time, shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention. For the purposes of this clause 7.1, “Montreal Convention” means the Montreal Convention of 28 May 1999 for the Unification of Certain Rules for International Carriage by Air.

7.2 If the carriage of any Consignment occurs by road, and when the place of departure of the Consignment and the place of delivery are located in different countries, then the CMR Convention, as amended from time to time, shall be generally applicable to such part of the carriage as occurs by road and, our liability for loss, damage or delay shall be governed and limited in accordance with the CMR Convention's provisions.

For the purposes of this clause7.2, “CMR Convention” means the Convention on the Contract for the International Carriage of Goods by Road signed in Geneva on 19 May 1956, as amended from time to time.

7.3 Except for cases of our wilful misconduct or gross negligence, we shall not be responsible for any customs charges, import taxes, duties, return to sender charges or anything similar which are incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing a Service Order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within seven (7) days of our demand.

Please see attached Schedule 1 concerning transport documentation and Customs formalities and security requirements to get more detailed information.

8. Claims and Refunds

8.1 You must notify us either via the Website or by written notice to VNPost Express JSC. (“EMS”) is 8th Floor, the Marc 88 Tower, No. 88 Tran Thai Tong, Cau Giay Ward, Hanoi City, Vietnam within:

(a) thirty (30) days from delivery of the Consignment, or of the date on which you became aware, or could reasonably have become aware, of the loss or damage, in the case of damage to all or part of a Consignmentor loss of part of a Consignment. The claim must be supported by a clear photograph of the damage and a written statement from the shopper/recipient; or

(b) thirty (30) days from the date the Consignment was cleared by customs, in the case of loss of the whole Consignment where no delivery event has occurred. The claim must be supported by a written statement from you, as the sender, or the intended recipient of the Consignment.

8.2 Any claim relating to loss or damage of a Consignment should be submitted as soon as reasonably possible, pursuant to this clause 8.2, and in any case within three (3) months from the date of shipment. After this period, we may not be able to investigate or process the claim effectively, unless otherwise required by applicable law. This clause does not affect your statutory rights as a consumer under Vietnamese Consumer Laws.

Requesting a Refund

8.3 To the extent permitted by applicable law (and without limiting clause 6.1):

(a) if the Service has not been performed or has been performed only in part, you are entitled to a refund or a proportionate reduction of the price paid, as appropriate;

(b) refunds shall be made back to the payment method originally used to book the transaction within fourteen (14) days from acceptance of the claim;

(c) refunds may be requested by the relevant party who booked the Service Order;

(d) we will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted; and

(e) no duty drawback shall be provided.

9. Your Indemnity

9.1 We shall assume, for the purposes of this Agreement, without limiting or affecting your rights under Vietnamese Consumer Laws if you are a consumer, that you are the sole owner of every item dispatched in the Consignment.

9.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by:

(a) deficient or ambiguous labelling of such Consignment by you; or

(b) incomplete, incorrect, untrue or fraudulent customs declaration and/or ancillary documentation, including for under-estimation of the value the Consignment, false or erroneous declaration on the nature or origin (country of manufacture) of the goods included in any Consignment.

10. Payment

10.1 You shall pay all charges (including taxes, duties and tariffs) applicable in respect of the Service provided by us in accordance with the payment terms set out in the Service Order. All prices and applicable costs shall be clearly displayed in the Service Order in compliance with applicable Vietnamese Consumer Laws to the extent they can be calculated in advance. You may be liable for the payment of tax, duties, customs fees, fines and costs as applicable in the importation country.

The payment of the Services shall be made by you online and you will receive a receipt on your e-mail address. If you are a business, EMS will then send you an invoice at your e-mail address. If you are a consumer, the invoice will only be issued upon demand.

To enable EMS to transmit you the invoices relating to the Services, you must, as sender, provide the following mandatory information:

• your complete and valid postal address with company name for business, and name and surname for consumers requiring an invoice

• your Tax ID number for businesses or identification number for individual

• your e-mail address.

Sender name and address field information should contain complete and accurate information for invoice issuance purposes. The sender is responsible for providing a correct and active email address, otherwise the invoice may not be successfully delivered to the designated address.

In the event that incorrect or incomplete information is provided, the issued invoice may be deemed invalid, and the sender must contact us and cooperate with us in the invoice adjustment process in accordance with applicable procedures and regulations.

If any of the above information reported on the invoice is incorrect, please contact us using the following link:

https://send.asendia.com/vn/help-centre/parcels/can-asendia-carry

Please note that the issuance of a corrected invoice may take additional time.

In the event that the Tax ID field is not filled in, you shall be deemed not requesting an invoice. Accordingly, any request for the invoice issuance at a later stage may not be accommodated and you will be solely responsible for the tax and accounting consequences attached to the non-invoicing.

10.2 We charge for the Service based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you, you agree:

(a) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;

(b) we shall inform you of any price difference, including any administration fees, to be calculated in accordance with our current rates and, subject to your acceptance, we may charge any price difference to you for correcting such underpayment/additional charge (together, “Correction Charges”);

(c) that, after having informed you, we may suspend performance if the Consignment is Out of Gauge;

(d) if you accept the Correction Changes, you authorise us to debit the Correction Charges directly from the debit/credit card, or PayPal account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within seven (7) days of the relevant charges being issued to you;

(e) if you fail to pay the balance of the payment due within seven (7) days, we may charge you a default interest rate calculated at the statutory interest rate applicable under Vietnamese law and, in any event, without affecting your rights under the Vietnamese Consumer Laws if applicable; and

(f) we may suspend performance of the Service until the Correction Charges are received by us. Subject to clause 7 and 8, if we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result.

10.3 If you do not agree with any Correction Charges, we offer a surcharge dispute process, to dispute any charges created, you must provide the necessary proof which constitutes a photograph of the package, with a visually clear tape measure showing the dimensions and the original clearly identifiable label on the package. All information regarding surcharges can be found on the Website at: https://send.asendia.com/vn/help-centre/general/dispute-surcharge. This clause does not limit your statutory rights to contest any charge under applicable Vietnamese Consumer Laws, as applicable.

10.4 Surcharge disputes must be made within twenty-eight (28) days from the date on which notification of the surcharge was received by you.

10.5 Should the provision of any Service mean that we have to deliver a Consignment on a bank holiday or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result. Such charges will be clearly communicated to you before payment.

10.6 From time to time, we may provide you with a discount code to be used with your Service Order. You may only use a discount code once with one Service Order. The discount code cannot be combined or reused.

10.7 In the event that you fail to pay the surcharge(s) and/or use the same discount code with more than one Service Order, we may, if after notifying you of the issue you fail to pay the balance of your Service Order:

(a) cease trading with you and/or your business;

(b) remove your ability to place Service Orders with us; and/or

(c) intercept your Consignment(s) and re-direct it to our depot. There may also be an administration fee per Consignment should you wish for the Consignment(s) to be re-shipped and/or collected.

10.8 Undeliverable parcels/packets - Return

(i) Undeliverable items

Undeliverable parcels or packets shall be held by us in custody until they can be delivered in a reasonable period of time after you have been notified by email or otherwise the impossibility of delivering the Consignment. After that period, the Consignment shall be returned to you upon your request at your cost.

If, within sixty (60) days after such notification, you do not ask for the Consignment to be returned to you at your cost or you do not provide the appropriate information to allow its delivery, the Consignment shall, for the purpose of these Conditions, be deemed abandoned.

We may then dispose of the Consignment in accordance with the applicable law (the law of the country of destination if the Consignment has been shipped in another country or according to Vietnam law for a domestic shipment).

In case of undeliverable parcel(s) or packet(s), Duties and taxes paid to the relevant authorities shall not be refunded to the extent that such duties and taxes are non-refundable or have already been remitted by EMS or its service providers. Important: when entrusting your shipment to us, you expressly authorise us to dispose of the Consignment in accordance with applicable law and its operational procedures after the period described above (including by destruction, sale, donation to charity, recycling or other lawful means of disposal, where appropriate). Neither EMS nor its subcontractors shall be liable for any loss arising from such disposal, except to the extent that such liability cannot be excluded or limited under applicable law. We reserve the right to invoice you for the costs incurred for disposing of the non-claimed parcel/packet (such as the destruction costs, auction costs and our administrative costs).

(ii) Returns

Unless specifically agreed in writing by us and our sub-contractors, our Service does not include the service of return of the Consignment to you at the addressee’s discretion.

10.9 We may at any time, for security or anti-fraud purposes, carry out reasonable verification of payment details or of your solvency, including if you move your place of personal or business residence, there are reasonably grounds to suspect your solvency is in doubt or if you do not pay all outstanding amounts in full and on time.

10.10 In case of unpaid charges confirmed as due, we may seek recovery through procedures provided for by applicable laws.

11. Nature of Agreement

This Agreement, together with the Service Order and our policies as referred to in these Conditions, shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents, unless otherwise specified in these Conditions. In addition, this Agreement and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s) set out in the Service Order. This Agreement and the documents referred to do not restrict, modify or waive any of your rights under any applicable Vietnamese Consumer Laws.

12. Privacy

You agree that information provided by you in connection with the Services and the Website shall be governed by our Privacy Policy (https://send.asendia.com/vn/privacy-policy) and Asendia’s Privacy Policy (https://www.asendia.com/information-obligations), which are hereby incorporated and made a part of these Conditions by reference.

13. General

13.1 This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Vietnam.

13.2 Without prejudice to clause 9 of these Conditions, the courts of Vietnam shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims), unless you are a consumer under Vietnamese Consumer Laws, in which case of the court of your residence or your domicile of choice shall have exclusive jurisdiction.

13.3 Nothing in this Agreement, whether express or implied, is intended to confer upon or shall be construed to confer upon any other person any legal or equitable right, benefit, remedy, claim, cause or action or entitlement of any nature whatsoever. To the extent permitted by law and except as expressly permitted by this Agreement, no third party will have the right to rely upon or enforce any term or provision of this Agreement.

Schedule 1 – Transport documentation - Customs formalities and security requirements

Successful customs clearance for Consignments exported outside your country depends on the quality of the customs, security and transport data you provide when editing our carrier label and compliance with customs regulations in the sending and destination countries.

Documentation / Information

You must label on the Consignment the transport and customs documentation. This information is also collected electronically when you order the label to be communicated to the customs and border protection authorities of the countries where you ship the Consignment.

1. General requirements regarding Customs documentation and Data Sets:

You are responsible for the provision of full, complete and accurate data sets both in paper and electronic form, for customs clearance, security controls and taxes and duties payment (as applicable) and reflecting the transaction between you (the exporter) and the beneficiary of the transaction (e.g. the purchaser).

Paper form documentation:

You must label on the Consignment the transport and customs documentation. This information is also collected electronically when you order the label, to be communicated to the customs and border protection authorities in the countries where your Consignment is forwarded.

Data sets:

The content of the data sets depends on the destination country, on the value and nature of the goods included in the Consignment and on services used by you.

The following data sets are usually required by the Customs authorities:

• A simplified electronic data set can be used for certain services concerning low value Consignments (including merchandises subject to a duty-free de minimis threshold in the country of importation or subject to simplified customs formalities).

• A complete data set for customs clearance purpose is needed for other services whee standard customs clearance processes need to be implemented, such as for Consignments with an intrinsic value exceeding the low value Consignment threshold or containing excise goods).

It is mandatory to send us in advance the electronic data set reflecting the transaction as required by law to facilitate the Consignment processing and delivery:

• the unique identification reference number such as the S10 barcode or relevant barcode supported by data, that must also be labelled on the Consignment; and

• the full and accurate description of the goods included in the Consignment must be provided under your responsibility. The provision of the Customs tariff number of the destination country for the goods is highly recommended. Otherwise, we or our Customs broker may determine a Customs tariff number at your risk and costs (see below). If data modification is required, we may at our discretion either correct the data (at your risk and costs) if this is possible or require you to provide the appropriate information and documentation.

If the customs tariff number (HS code) is missing in the data sets, is incomplete or is obviously inaccurate, the goods may be allocated a customs tariff number based on our (or our Customs broker’s) best knowledge and the goods description you provided. You may be charged the costs incurred for completing the customs tariff number. The allocation of a customs tariff number by us or our Customs broker shall be realised at your sole risk and costs and you shall be held liable for any error or inaccurate customs tariff number allocation;

• the commercial value of the goods, fairly reflecting the transaction with the purchaser;

• the country of origin (country of manufacture) of the goods in the Consignment;

• the invoice(s) of the goods in the Consignment for transportation and customs formalities; if the transaction invoice is not included, you undertake to provide a copy of the sales transaction invoice within twenty-four (24) hours further to our request. This invoice must mention the goods’ country of origin (country of manufacture). If not, you must provide proof of the country of origin of the goods;

• the other documents specifically needed for importing the relevant goods in the destination/importation country (for example, certificate of origin, licence for exportation/importation, test certificate, etc.) as defined in the Customs tariff number of origin/destination. The shipment of dual-use goods is prohibited unless otherwise priorly agreed in writing with us and if you provide a valid authorisation for exporting/importing such goods and comply with applicable regulations in the relevant countries; and

• upon request, a power of attorney, drafted in a satisfactory form to EMS, to accomplish customs clearance formalities and if applicable the payment of tax and duties.

Our Customs broker shall rely on your documentation and on the data sets for the declaration of the goods to the customs authorities. This also applies if you are registered under IOSS in the European Union or to similar regime in non-EU countries.

Missing or erroneous information/documentation in your documentation and the data sets may lead to: (i) delay in the Consignment delivery; (ii) its refusal during the label printing process; (iii) its refusal during Consignment transport or processing; or (iv) to its refusal during the customs clearance procedure and to possible customs seizure, penalties and other additional costs such as storage and administrative costs.

Shipment content – International sanctions:

The shipment of Prohibited Items including dual-use goods are not allowed under these Conditions.

The provisions of the Service to you or to the benefit of a recipient that is a natural person or entity listed in an international sanctions list (under US, UN, EU or other countries international sanctions lists shall be refused and any shipment to the benefit of any such person or entity shall be suspended if discovered during transit, without indemnity or reimbursement of any sum paid