Terms and Conditions
(EU Cross-Dock Fulfilment & Logistics Services)
1. Definitions
“Service Provider” means SellPunt, registered with the Dutch Chamber of Commerce (KVK), providing logistics and fulfilment services.
“Client” means the brand, company, or legal entity engaging the Service Provider.
“Goods” means products owned by the Client and handled by the Service Provider.
“Services” means cross-dock fulfilment, handling, packing, labelling, dispatch, returns processing, and related logistics services.
“End Customer” means the final recipient of the Goods.
2. Scope of Services
2.1 The Service Provider offers logistics services including but not limited to:
- Cross-dock fulfilment
- Temporary handling and short-term holding of goods
- Packing and labelling
- EU domestic dispatch
- Returns processing and consolidation
2.2 The Service Provider does not:
- Purchase or sell Goods
- Act as reseller or distributor
- Set retail prices
- Provide tax, legal, or accounting advice
2.3 No long-term storage is provided unless expressly agreed in writing.
3. Ownership of Goods
3.1 Ownership of the Goods remains with the Client at all times.
3.2 The Service Provider acts solely as a logistics service provider and does not acquire any title, ownership interest, or resale rights in the Goods.
4. Import, Customs & VAT
4.1 The Parties shall agree in writing who acts as Importer of Record for each inbound shipment.
4.2 Unless otherwise agreed:
- The Client remains responsible for customs duties, import VAT, product classification, valuation, and origin.
- The Service Provider may assist operationally via a customs representative.
4.3 VAT is not avoided or eliminated under this model. VAT is handled in accordance with applicable EU and national legislation.
4.4 The Service Provider shall not be liable for:
- VAT recovery eligibility
- VAT reclaim timing
- Tax authority decisions
5. Customs Representation
5.1 Where applicable, the Service Provider may appoint a customs broker under direct representation.
5.2 The Client acknowledges that under direct representation:
- Legal responsibility for customs declarations remains with the Importer of Record.
6. Orders & Fulfilment
6.1 Goods are handled only after being released into EU free circulation.
6.2 Orders are fulfilled from EU-located Goods and shipped EU → EU.
6.3 The Service Provider does not fulfil orders directly from non-EU locations to End Customers.
7. Returns Handling
7.1 The Service Provider may process returns on behalf of the Client.
7.2 Returned Goods may be:
- Repacked
- Restocked
- Consolidated for outbound shipment
- Disposed of upon written instruction
7.3 The Service Provider does not assess resale value or product condition beyond visible inspection unless agreed otherwise.
8. Fees & Payment
8.1 Fees are agreed separately and invoiced in accordance with the agreed pricing schedule.
8.2 All fees are exclusive of VAT unless stated otherwise.
8.3 Payment terms are agreed separately unless stated otherwise.
8.4 Late payments may result in suspension of Services.
9. Liability
9.1 The Service Provider shall exercise reasonable care in handling the Goods.
9.2 Liability is limited to direct damage only, capped at the lower of:
- The invoice value of the affected service, or
- The replacement value of the Goods concerned
The Service Provider is not liable for:
- Indirect or consequential damages
- Loss of profit
- Delayed delivery caused by third parties
- Customs or tax authority actions
10. Insurance
10.1 The Client is responsible for insuring its Goods unless otherwise agreed.
10.2 The Service Provider’s insurance does not cover the full commercial value of Goods unless explicitly stated.
11. Compliance & Product Responsibility
11.1 The Client warrants that Goods:
- Comply with EU laws and regulations
- Are safe and lawful to import
- Are correctly described and classified
11.2 The Service Provider may refuse Goods that present compliance or safety risks.
12. Confidentiality
12.1 All commercial, technical, and operational information exchanged is confidential.
12.2 Confidentiality survives termination of the agreement.
13. Termination
13.1 Either Party may terminate with written notice.
13.2 Immediate termination is permitted in case of:
- Non-payment
- Breach of law
- Insolvency
13.3 Upon termination, outstanding fees remain payable.
14. Force Majeure
Neither Party shall be liable for failure to perform due to events beyond reasonable control, including strikes, customs delays, natural disasters, or governmental actions.
15. Governing Law & Jurisdiction
15.1 These Terms are governed by Dutch law.
15.2 Disputes shall be submitted to the competent court in the Netherlands.
16. Final Provisions
16.1 These Terms constitute the entire agreement unless supplemented in writing.
16.2 Amendments must be agreed in writing.
We operate as a logistics service provider. VAT and customs obligations remain governed by applicable law and the client’s chosen import structure.