Shipping and Delivery Policy

1. Scope and why this Policy exists

1. 1.1This Policy governs the delivery, dispatch, transmission and performance of everything the Foundation provides or undertakes in consequence of a Transaction, whether that thing is electronic, documentary, physical or a service.
2. 1.2It forms part of the Terms and Conditions, and capitalised expressions not defined here bear the meanings given there.
3. 1.3The Foundation is not a merchant and does not operate a retail fulfilment operation. This Policy is published because a donation platform must state its delivery position with the same precision a merchant would, and because the absence of a delivery obligation is itself a term that ought to be recorded rather than assumed.
4. 1.4The single most important distinction drawn in this Policy is that between a thing delivered to the Donor and a thing delivered to a Beneficiary. The Foundation owes the former to the Donor as an obligation. It owes the latter to its charitable purposes, and the Donor is not the consignee of it. Clause 6 develops this point.

2. Definitions

“Consignee” — The person to whom a physical article is addressed and who is entitled to take delivery of it.

“Deliverable” — Anything the Foundation transmits, dispatches, distributes or performs in consequence of a Transaction.

“Documentary Deliverable” — A receipt, acknowledgement, Zakat certificate, tax document, impact report or other record issued to a Donor.

“Electronic Delivery” — Transmission to the email address or other electronic address supplied by the recipient.

“Sacrificial Service” — The procurement and performance of Qurbani, Aqiqa or a comparable observance on the instruction of a Donor, and the distribution of its produce.

3. Classification of transactions

Every Transaction falls into exactly one of the following classes. The class determines what is owed and to whom.

1. 3.1Where a Transaction has characteristics of more than one class, the class stated at the point of Transaction governs. Where none is stated, the Transaction is Class A.
2. 3.2The overwhelming majority of Transactions are Class A and Class B, in respect of which nothing is shipped and no carrier is engaged.

4. Class A — monetary donations

1. 4.1A monetary donation involves no goods, no consignment, no carrier, no shipping address and no delivery of anything tangible. Nothing will be posted to the Donor and the Donor should not expect a parcel.
2. 4.2Delivery for the purposes of a Class A Transaction is constituted by, and is complete upon, the transmission of an electronic acknowledgement to the address supplied by the Donor. That acknowledgement is ordinarily generated within minutes of the registration of cleared funds and in any event within twenty-four (24) hours.
3. 4.3Where an acknowledgement is not received, the Donor should first examine the spam or promotions folder of the mailbox concerned, and should then write to info@pcf.org.pk quoting the date and amount of the Contribution, whereupon the acknowledgement will be reissued. The non-receipt of an acknowledgement does not affect the validity of the Contribution, which is evidenced by the Foundation’s records under Clause 7.5 of the Terms and Conditions.
4. 4.4No delivery charge, shipping fee, handling fee or similar charge is levied upon a Class A Transaction in any circumstance.

5. Class B — documentary deliverables

1. 5.1Documentary Deliverables are issued by Electronic Delivery as the primary and default mode. Electronic Delivery is effective service for every purpose, and the Donor consents to it by Clause 20.3 of the Terms and Conditions.
2. 5.2A Donor requiring a physical original — for instance for submission to a taxation authority that declines an electronic copy — may request one in writing. The Foundation will dispatch it by ordinary post or courier within ten (10) Business Days of the request, within Pakistan, at no charge to the Donor.
3. 5.3A request for a physical original to an address outside Pakistan will be met where practicable, and the Foundation may require the requester to bear the carriage cost where it is disproportionate.
4. 5.4The accuracy of a Documentary Deliverable depends upon the accuracy of the particulars supplied by the Donor. A corrected document will be issued without charge upon notification of an error, and Clause 16.2 of the Refund and Return Policy governs the correction of a document affected by a reversal.
5. 5.5Annual and programme impact reports are published on the Platform rather than dispatched individually, and their publication constitutes delivery of them.

6. Class C — in-kind relief to beneficiaries

1. 6.1An In-Kind Deliverable within Class C is procured, assembled and distributed by the Foundation, its staff, its volunteers or its implementing partners, directly to Beneficiaries selected in the exercise of the Foundation’s independent charitable discretion.
2. 6.2The Donor is not the Consignee of a Class C Deliverable, acquires no title to it, no right of possession, no right of inspection before distribution, and no right of return or rejection in respect of it. Clause 13.1 of the Refund and Return Policy records the same position.
3. 6.3The Donor does not select, nominate, approve or receive the identity of the Beneficiary, save in a Programme expressly structured to permit it. The Foundation does not disclose identifying Beneficiary particulars to Donors, for the reasons given in Clause 16 of the Privacy Policy.
4. 6.4The composition, specification, quantity, supplier and brand of a Class C Deliverable are determined by the Foundation by reference to need, local availability, prevailing price and logistical practicability, and are subject to Clause 14.
5. 6.5Distribution occurs within the operational cycle of the relevant Programme. It is not tied to the date of any individual Contribution, and a Donor’s Contribution may be pooled with others and applied to a distribution occurring before or after the date on which that Contribution was received.
6. 6.6Delivery obligations owed to the Foundation by its own suppliers and carriers are matters between the Foundation and those parties, and confer no right upon any Donor.

7. Class D — donor-directed services and articles

7A. Sacrificial Services

1. 7.1Where a Donor instructs a Sacrificial Service, the Foundation undertakes to procure an animal conforming to the specification published for the relevant observance, to arrange its slaughter in accordance with Shariah requirements within the prescribed period, and to distribute the produce to eligible Beneficiaries.
2. 7.2Performance takes place within the canonical period for the observance concerned. Where the Foundation is unable to perform within that period, the Contribution is treated under Clause 5.5 of the Terms and Conditions or reversed under Clause 4.6 of the Refund and Return Policy, at the Donor’s election.
3. 7.3Unless the Platform expressly states otherwise for the Programme concerned, the entire produce is distributed to Beneficiaries and no portion is dispatched to the Donor. A Donor should not expect to receive meat or any other produce.
4. 7.4The Foundation confirms performance to the Donor by electronic notification following the observance. It does not provide individual photographic or video evidence of a specific animal, and the absence of such evidence is not a failure of performance.
5. 7.5Clause 6.3 of the Terms and Conditions applies to any question of juristic conformity.

7B. Articles supplied to the payer

1. 7.6Where the Platform expressly offers an article for supply to the person who pays for it, that supply is a delivery obligation owed to that person, and Clauses 8 to 17 apply to it in full.
2. 7.7Such an article is dispatched to the address supplied at the point of Transaction, by a carrier selected by the Foundation, within the timeline stated in Clause 8.
3. 7.8A tracking reference is provided where the carrier makes one available.

8. Delivery timelines

1. 8.1Every period stated is an estimate given in good faith and is not of the essence. Time is not of the essence of any obligation under this Policy, and no liability arises from a failure to meet an estimated period, subject to Clause 16.
2. 8.2Periods run from the registration of cleared funds, not from the initiation of a Transaction, and exclude days that are not Business Days.

9. Territory and coverage

1. 9.1The Foundation’s Programmes are administered within Pakistan, principally in Karachi and the Province of Sindh. Its physical presence comprises its head office in the North Karachi Industrial Area together with its school, madressah and clinic facilities.
2. 9.2Class C and Class D field distribution occurs only within the territories in which the Foundation or its implementing partners are operationally present. The Foundation does not undertake distribution in a territory to which it has no access.
3. 9.3Physical dispatch to a Donor under Clause 5.2 or 7.7 is offered within Pakistan. Dispatch outside Pakistan is at the Foundation’s discretion and subject to Clause 10.
4. 9.4Where a delivery address lies within an area subject to a security restriction, a curfew, an administrative prohibition or an access limitation, the Foundation may decline to dispatch and will notify the Consignee.

10. Charges, duties and taxes

1. 10.1No delivery charge is levied on Class A, Class B or Class C Transactions.
2. 10.2Where a charge applies to a Class D article, it is stated at the point of Transaction before the Transaction is authorised. No charge is levied that has not been so stated.
3. 10.3Where an article is dispatched outside Pakistan, any customs duty, import levy, sales tax, clearance charge or brokerage imposed by the destination jurisdiction is borne by the Consignee. The Foundation does not undertake customs clearance and is not liable for an article detained, confiscated, destroyed or returned by a customs authority.
4. 10.4The Foundation does not under-declare, mis-describe or mark as a gift any consignment for the purpose of reducing a duty liability, and will not accede to a request to do so.

11. Risk, title and insurance

1. 11.1In a Class D dispatch to a Donor, risk passes to the Consignee upon delivery to the address supplied, or upon the first attempted delivery at that address, whichever is earlier. Title passes upon the same event.
2. 11.2Where a Consignee authorises delivery without signature, or nominates a place at which a consignment may be left unattended, risk passes upon the consignment being left in accordance with that authority, and the Foundation is not liable for its subsequent loss.
3. 11.3In a Class C distribution, risk and title in an In-Kind Deliverable pass from the Foundation to the Beneficiary upon distribution. At no point does either vest in the Donor.
4. 11.4The Foundation does not insure consignments against loss or damage in transit unless it expressly states otherwise, and the cost of any insurance requested by a Consignee is borne by that Consignee.

12. Incorrect details and failed delivery

1. 12.1The accuracy and completeness of a delivery address, a contact telephone number and an email address are the responsibility of the person supplying them, as Clause 5.6 of the Terms and Conditions provides.
2. 12.2Where a consignment is undeliverable by reason of an incorrect or incomplete address, the absence of the Consignee on repeated attempts, or a refusal to accept delivery, the Foundation bears no liability. Where the consignment is returned to the Foundation, it may be re-dispatched upon the Consignee bearing the further carriage cost.
3. 12.3A consignment returned and not claimed within sixty (60) calendar days may be applied by the Foundation to its charitable purposes, and the sum paid for it is not reversible.
4. 12.4A change of delivery address may be notified before dispatch and will be given effect where practicable. After dispatch, an address change is a matter between the Consignee and the carrier.
5. 12.5Where an email acknowledgement is undeliverable by reason of an incorrect address, a full mailbox or a spam filter, the Foundation’s obligation is discharged by transmission, and Clause 4.3 provides the remedy.

13. Delay and force majeure

1. 13.1The Foundation is not liable for any delay or failure in delivery or performance attributable to an event within Clause 17.1 of the Terms and Conditions, which applies to this Policy in full.
2. 13.2Delay is a routine feature of relief logistics in the environments in which the Foundation operates. Flooding, monsoon damage to road links, fuel shortage, transport strike, civil disturbance, security restriction, epidemic control measure, supplier default and administrative closure are each ordinary rather than exceptional, and the Donor accepts that Programme timelines are indicative.
3. 13.3Where a delay is material and prolonged, the Foundation will publish a notice on the Platform and will notify affected Donors where it holds their contact details.

14. Substitution and equivalence

1. 14.1The Foundation reserves the right to substitute an item, brand, specification, quantity, supplier or delivery method with an alternative of equivalent or superior utility to the Beneficiary, without prior notice.
2. 14.2Substitution is a necessary incident of procurement in a volatile market. Prices, availability and quality fluctuate between the date of a Contribution and the date of procurement, and a rigid specification would result in either non-delivery or the purchase of an inferior item at a fixed price.
3. 14.3Where a substitution materially alters the character of a Class D Deliverable expressly undertaken to a Donor, the Foundation will notify the Donor and will offer the election described in Clause 7.2.
4. 14.4Photographs of ration parcels, relief items and facilities appearing on the Platform are illustrative of type and are not a specification of the contents of any particular consignment. Clause 7 of the Legal Disclaimer applies to them.

15. Verification of distribution

1. 15.1The Foundation maintains internal distribution records, including the date, location, quantity and category of items distributed, and subjects them to its ordinary audit.
2. 15.2Aggregate distribution information is published in the Foundation’s reports. Individual Donors are not furnished with a proof of delivery in respect of a Class C Deliverable, because no such Deliverable is attributable to an individual Contribution and because the disclosure would infringe Clause 16 of the Privacy Policy.
3. 15.3An institutional donor requiring programme-level verification may agree reporting terms in writing with the Foundation, and those terms govern to the extent of any inconsistency with this Clause.

16. Claims and time limits

1. 16.1A claim in respect of non-delivery, short delivery or damage to a Class D consignment must be notified to info@pcf.org.pk within thirty (30) calendar days of the expected delivery date, and in the case of visible damage within forty-eight (48) hours of delivery, failing which the consignment is deemed delivered and accepted in good condition.
2. 16.2A claim must identify the Transaction reference, the consignment or tracking reference, and the nature of the claim, and must be supported by photographic evidence in the case of damage.
3. 16.3Where a claim is upheld, the Foundation will at its election replace the article or reverse the sum paid for it, and that remedy is the Consignee’s exclusive remedy.
4. 16.4The limitation of liability in Clause 15 of the Terms and Conditions applies to every claim under this Policy.
5. 16.5No claim lies in respect of a Class C Deliverable, for the reasons given in Clause 6.2.

17. Returns

1. 17.1The return of an article supplied to a payer is governed by Clause 13 of the Refund and Return Policy.
2. 17.2No right of return arises in respect of a Class A, Class B or Class C Transaction, there being nothing delivered to the Donor capable of being returned.

18. Grievance and governing law

1. 18.1A grievance concerning delivery may be lodged under Clause 23 of the Terms and Conditions.
2. 18.2This Policy is governed by the laws of the Islamic Republic of Pakistan and is subject to Clause 22 of the Terms and Conditions. It may be amended in the manner provided by Clause 19 of those Terms.

19. How to contact us

Perfect Care Foundation — Delivery Enquiries
WS-17, Sector 16-B, North Karachi Industrial Area, Karachi, Sindh, Pakistan

Email: info@pcf.org.pk
Telephone: 021-36924455, Monday to Friday, 10:00–17:00 Pakistan Standard Time

If you donated money and are waiting for a parcel, please read Clause 4 first — a monetary donation is delivered as an email acknowledgement, and nothing is posted to you.