EliteFlare Shipping Insurance Policy
Below are the details of the EliteFlare Shipping Insurance policy applicable to purchases made on EliteFlare.com.
1. Coverage
EliteFlare Shipping Insurance provides coverage for all physical products purchased on EliteFlare.com. This insurance is designed to protect against issues in the shipping process such as delays or losses.
2. Condition for Activation
The Law States:
UK Consumer Law:
Under UK consumer rights, if an item is not delivered within the expected delivery time or within 30 days if no guaranteed delivery date was provided, the customer can claim a refund. However, the law does not specifically address prolonged customs delays, estimated delivery windows or unchanged tracking status as grounds for immediate action.
USA Consumer Law:
In the USA, while consumers can dispute charges for items not delivered as expected, there is no specific law that directly addresses how long an item can stay in customs before a customer can demand a resolution.
EliteFlare Shipping Insurance Policy becomes active under the following conditions:
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The tracking status of an order remains unchanged for 15 working days from the date it was marked "Dispatched".
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An order has been in "Customs" status for more than 15 working days after its status was changed from "Dispatched".
3. Claim Process
To initiate a claim under this insurance, customers should follow these steps:
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Contact customer service via email at support@eliteflare.com.
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Customers must provide their order number and a brief description of the issue when contacting customer service or submitting a claim online.
4. Resolution
Upon receiving a valid claim, the following resolution steps will be taken:
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EliteFlare will dispatch a replacement item on the same day the claim is validated.
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The replacement will be sent via premium shipping at no additional cost to the customer.
5. Additional Benefit
In the event that the original item arrives after the replacement has been dispatched, the customer is permitted to keep both items. This benefit is provided at no additional cost to ensure customer satisfaction and trust.
The law states:
UK Standard Consumer Rights:
In the UK, the Consumer Rights Act 2015 states that goods must be as described, fit for purpose, and of satisfactory quality. However, if an item is lost or damaged due to a natural disaster, the liability does not fall on the retailer.
USA Standard Consumer Rights
In the USA, while consumer protection laws ensure that goods are as described and fit for the intended use, retailers typically aren’t held liable for damages caused by natural disasters once items are in transit. Most companies clarify their policies on such incidents in their terms of service, often excluding liability for events considered outside of human control, such as severe weather conditions or other natural disasters.
EliteFlare Shipping Insurance Policy covers replacement products in the eventuality of these events, extending our dedication to customer satisfaction and support.
Our shipping isurance policy is designed to efficiently manage the replacement of orders outside of typical circumstances. These include:
Natural Disasters: We cover replacements for items lost or damaged due to events such as earthquakes, floods, hurricanes, or other severe weather conditions.
Civil Unrest and War: Deliveries impacted by civil unrest, war, or any related military actions are included with coverage.
Health Epidemics/Pandemics: During health crises, such as bacterial or viral epidemics or pandemics, standard shipping operations may be disrupted or halted due to government-imposed restrictions or safety measures. These factors are included in your coverage.
6. General Conditions
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This policy covers only those items that are bought directly from EliteFlare.com and does not apply to items purchased from third-party sellers or platforms.
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Claims can be made after on the 16th working day from the original date of dispatch. Claims for valid reasons as described in this policy should be made as soon as possible after the qualifying date of policy activation (16 working days after dispatch date). Claims made more than 30 working days after this date may be subject to
7. Exclusions
- Claims related to minor packaging damage, or issues that do not affect the functionality of the item are excluded from coverage.
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Delivery Status "Last Mile": Once the product tracking has been updated to reflect that the package is now with the 'Last Mile Carrier' this means the product is now the legal responsibility of the domestic delivery company in the customers home country and details of who this company is will be available on the tracking information. This Is known as Bailment.
Transfer of Liability and Bailment
Bailment: For the purposes of delivery and shipping, "bailment" refers to the legal relationship established when EliteFlare transfers physical possession, but not ownership, of the goods to the Last Mile Carrier. The Last Mile Carrier, as the bailee, is then entrusted with the responsibility of delivering these goods to you, the bailor/customer.
Liability of EliteFlare: EliteFlare's liability for the goods shall be deemed fulfilled upon the initiation of bailment with the Last Mile Carrier. At the point of handover to the Last Mile Carrier, all responsibilities, including care, custody, and safekeeping of the goods, are transferred to the Last Mile Carrier.
Customer's Role and Responsibility: Once bailment has commenced and the goods are in the possession of the Last Mile Carrier, any and all queries, concerns, or correspondence regarding the condition, delivery status, or handling of the goods should be directed to the Last Mile Carrier. EliteFlare is not responsible for any damage, loss, or failure in delivery once the goods are in the custody of the Last Mile Carrier.
Acknowledgment of Terms: By purchasing from EliteFlare, you acknowledge and agree that our shipping liability ends, and the bailment with the Last Mile Carrier begins, when the goods are handed over to the Last Mile Carrier. This policy is in place to clarify the shift in liability and to ensure a smooth transition of responsibility for the delivery of your purchase.
Fixed Holidays:
- Chinese New Year
- Dragon Boat Festival
- Mid-Autumn Festival
EliteFlare will not compensate for delays in delivery caused by these holidays as they are due to external factors beyond our control.
8. Modifications to the Policy
EliteFlare reserves the right to modify any terms and conditions of this insurance policy at any time. Such modifications will be effective immediately upon posting the revised policy on the website.
By purchasing from EliteFlare.com and opting into the EliteFlare Shipping Insurance, you acknowledge and agree to be bound by the terms outlined in this policy. If you have any questions regarding this policy or the coverage provided, please contact our customer support team.
Unique Aspects of EliteFlare’s Policy:
Immediate and Defined Action:
15 Business Days Unchanged Tracking Status: If the tracking status of an order remains unchanged for 30 consecutive days from the date it was marked "Dispatched", EliteFlare’s policy automatically triggers the option for a replacement. This is a clear and specific timeframe that provides certainty to the customer, regardless of whether the delay might still fall within a reasonable delivery window by standard legal definitions.
Extended Customs Checking: More than 15 Business days in customs is recognized by EliteFlare’s policy as an unusual delay, meriting immediate remedial action. This is particularly beneficial for customers as customs delays are often unpredictable and not typically addressed in standard consumer protection statutes.
Advantages Over Standard Protections:
Specificity and Predictability: The explicit timeframes provided (15 business days for unchanged status, 15 business days for customs) give customers a clear expectation of when they can demand action, which is not usually specified in general consumer law.
Customer Confidence and Trust: By offering resolutions for scenarios that are generally considered grey areas in consumer law, EliteFlare can enhance customer trust and satisfaction, ensuring them that potential logistical complications are effectively managed.
Enhanced Coverage: These terms are particularly attractive for international customers who might face significant delays due to customs and international shipping challenges that are beyond the typical scenarios envisioned by national consumer protection laws.
Thank you for choosing EliteFlare. We are committed to providing you with exceptional service and support.
