Company paid import fees and want me to pay back

[Chambre]

Hello,

Admins, please, feel free to move this thread in a more appropriate section.

Last year I sent parcels from the UK to France in the context of a moving. They contained old personal belongings and I should not be charged any import fees for that. I hired FedEx and TNT and while FedEx contacted me and asked me details to clear the shipment, TNT did not contact me, paid for the import fees, delivered the parcels (1 month late...) and now asks me to pay them back. My understanding is that THEY took the decision to pay the import fees without asking me anything so I should not have to pay them back. If I order something from the USA, for example, I do not receive my parcel until I pay the post office the import fees. Maybe if TNT had told me how expensive they were, I would have changed my mind and they did not give me this option.

Do I have to pay for TNT back or I am right to contest their bill?

Best regards,

G.

[dslippy]

Get their terms and conditions.

[Chambre]

In their terms and conditions there are two paragraphs that confuse me.

13.4 When Shipments are held by customs or other agencies due to incorrect or missing documentation, TNT may attempt 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 TNT may determine, the Shipment may be considered undeliverable subject to applicable laws (see Section 18 (Undeliverable Shipments)). If the Recipient fails to supply the required information or documentation and local law allows the Sender to provide the same, TNT may attempt to notify the Sender. If the Sender also fails to provide the information or documentation within a reasonable time as TNT may determine, the Shipment will be considered undeliverable subject to applicable laws. TNT assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not TNT attempts to notify the Recipient or Sender.

13.5 Where permissible by local law, TNT will provide customs clearance of international Shipments. TNT will submit the Shipment information to customs and other regulatory agencies for clearance. TNT may charge a clearance service fee, where applicable, on international Shipments for clearance processing, for disbursing duties and taxes to a customs agency on behalf of the payer, for Services requested by the Sender, Recipient or third party, or to recover the costs passed to TNT by the regulatory agency for regulatory filing. The types and amounts of fees vary by country.

It seems that they should have notified me first if the documentation provided was incomplete/incorrect but also that they are allowed to pay for the fees and then ask me to pay back. Does the first paragraph prevail over the second?

Thanks.

[dslippy]

No. They stand apart. The first gives them certain options. It is up to them whether they take them or not. The second makes a promise to provide customs clearance.

It appears that they have done what they are supposed to do.

[atticus]

Clause 13.5 gives TNT the right to make this charge.

[Chambre]

Ok, thank you both. It is really twisted but it is what it is...