Onelink Technologies Company Limited, being the owner of Gabarmart, offers this service to Gabarmart members subject to the terms and conditions set out below. By using this service as a Gabarmart member, you signify your agreement to be bound by these terms and conditions.
“Consolidation” refers to the multiple shipments of items, which are combined into a consolidated shipment, and accordingly, payment of one base charge for the consolidated shipment.
“Delivery address” means your local Myanmar mailing or delivery address as registered with your Gabarmart profile or such other delivery address as registered at check-out on the Gabarmart website. Failure to provide a valid and authentic address will result in unsuccessful delivery to which Onelink Technologies will not be liable for any damage or loss and will be entitled to charge relevant fees for delivery to correct address.
“Commercial Tax” refers to goods and services tax, which expression includes any tax, by whatever name called, of a similar nature that may be substituted for it or levied in addition to it, in accordance with the Tax Law of the Union of Myanmar.
“Item” means the actual physical package containing the actual content(s) being shipped or received, as the case may be, by the merchant(s), Gabarmart and you, as applicable.
“Member” means the registered Gabarmart member, whose personal particulars and address are as registered at the Gabarmart website.
“Merchant” refers to any online merchant which ships to a Gabarmart source country, which allows the use of an international credit or debit card and provides the sale of non-prohibited items.
“Our,” “We,” “Us” and “Onelink” refers to Onelink Technologies Company Limited.
“Self-collection option” means the option provided by Gabarmart whereby member elects to collect the item at a self-collection point as determined by Gabarmart.
“Shipment” means the item being shipped by sea, air or land in any combination to you.
“Gabarmart” refers to a service provided by Onelink Technologies Company Limited, which includes but is not limited to, international packet forwarding, shipping and shopping services as well as other services that may be introduced from time to time. This service is accessible at the URL http://www.gabarmart.com.
“Gabarmart source country” refers to the country which Gabarmart has an address, for the purposes of providing international packet forwarding, shipping and shopping services, including but not limited to the United States, Japan, UK, China and Singapore.
“Service” refers to a service provided by Gabarmart which allows you to shop at any eligible online merchant’s websites, provided such merchant operates in and ships to a Gabarmart source country after which the products will be forwarded and delivered to the registered Delivery Address.
“Gabarmart address” refers to the address at a Gabarmart source country as provided by Gabarmart for the purpose of consolidation or the provision of the Service. Gabarmart may at its discretion change this address or add new addresses from time to time.
“You” and “Your” refers to the member using this service.
Title headings are inserted for convenience of reference only and shall not affect the interpretation of the substantive provisions of these terms and conditions.
2. Membership Registration, Use of Website
3.1 You shall promptly confirm and pay any service charges as specified in the Gabarmart website which include but are not limited to the following components:
- shipping charges;
- duties and commercial taxes prevailing from time to time, if applicable;
- holding fees;
- any additional shipping charges and return fees, should the item not comply with the specified guidelines for delivery in order to process the shipping of the item to you; and
- any other charges, if applicable, in order to process the shipping of the item to you.
3.2 You shall promptly pay all duties and taxes, any additional charges for customs clearance and any other applicable charges imposed by any local or government authority of the destination country, before the item is delivered to the registered delivery address or made available for self-collection at any self-collection point.
3.3 Only payment via the Gabarmart website or otherwise as may be specified by Gabarmart will be accepted.
3.4 All payment must be made in full. Gabarmart may detain the item(s) for which such payment has not been made in full until such time full payment is made. We also reserve the right to dispose the item in any manner we deem fit in accordance with these terms and conditions.
3.5 You shall compensate us for the cost of storage of the said item, shipping charges, storage charges, duties and taxes incurred by us, and all claims, damages, fines and expenses incurred if the shipment/item is deemed prohibited, dangerous and/or illegal. We reserve the right to dispose the item in any manner we deem fit, if you fail to make payment of all charges within thirty (30) days of notification to do so.
4.1 The shipping charges will cover handling, overseas shipping and local delivery from the Gabarmart address to your registered delivery address or the self-collection point. Please see “Rate Calculator” for more details.
4.2 We will have the right to review the shipping charges from time to time and make changes thereof without any or prior notice to you and/or to any third party.
4.3 You acknowledge that all dutiable items imported to the destination country are subject to customs duty and/or excise duty in accordance with the prevailing local customs duties.
4.4 The Shipping Calculator, as appears on the website is meant to provide an estimate of the shipping fees only. Actual shipping charges will be calculated only when actual shipment has been authorized and or transacted. The shipping charges used may be amended from time to time, and are based on how the item has been packed by your merchant.
5. Member’s Responsibility
5.2 You shall ensure that items purchased from merchant’s website are not articles prohibited by the country of origin and/or the country of destination. The list of Prohibited Items by Gabarmart source country is listed under the Prohibited Items section of the Gabarmart website. We do not take responsibility for the accuracy of the information and it will be the sole responsibility of the members to confirm that the products are not included in the Prohibited Items list in any country that the products will ship from.
5.3 You grant us the right to disclose specific information as required by any applicable law, direction of a statutory regulator or stock exchange or pursuant to a court order.
5.4 Upon your purchase of the item at the merchant’s website, you shall indicate as your shipping address, your Gabarmart account number and the Gabarmart address, as may be applicable. You may login to Gabarmart to view the applicable shipping address. GabarMart can provide shipment services to you only if you use the GabarMart provided address. Any other address will result in non-performance of the service and Gabarmart shall be held free from any responsibility, obligation, damage or compensation. For further details, please follow this link.
5.5 You acknowledge that incomplete or erroneous information provided by you or your Merchant may result in loss or delay in the delivery of your item to the provided Gabarmart address.
5.6 Gabarmart shall hold the products at its international warehouses for a period of 30 days upon receipt of products free of charge. Gabarmart will continue to hold the product for a period of up to another 30 days but a penalty shall be incurred as mentioned in the “rates” section of the Gabarmart website. We reserve the right to dispose of the item in any manner we deem fit without being liable to you, if we are unable to process the item within sixty (60) days of the shipment being received at the Gabarmart address, for any reason. Shipment of products subject to penalty shall only be transacted if the penalty has been paid in full.
5.7 You shall pay directly to the merchant for your purchase at the merchant’s website. This includes the price of your item, handling and local domestic shipping charges and all applicable sales tax.
5.8 You shall be liable to us and indemnify and keep us indemnified at all times from and against all demands, claims, action or proceedings by whomsoever made and against all damages, costs, charges or expenses (including legal costs on an indemnity basis) incurred, suffered or sustained by us in connection with the Gabarmart service performed for you.
6. Our Responsibility
GabarMart provides international packet forwarding and shipping services ONLY. We will notify you of the amount you have to pay for shipping charges, customs clearance charges, commercial taxes or other service taxes (if applicable) and any other applicable charges as referred to in clause 3.1. In providing the service, we act as an independent contractor and we are not an agent of any merchant(s) or act in any other capacity unless otherwise specifically stated. We DO NOT engage in buying and selling of products of any kind.
7. Customs Regulations, Hazardous Materials, Dangerous Goods, Prohibited or Restricted Articles
7.1 It is your responsibility to enquire into and comply with import and export regulations of the origin and destination country.
7.2 You should refer to the website set up by the government authorities of the countries of origin and destination for up-to-date information on customs duties and regulations regarding hazardous material, dangerous goods, prohibited or restricted articles, and any other regulatory issue that may affect the item or shipment.
7.3 You agree that your item or shipment is deemed unacceptable if:
(a) No customs declaration is made when required by applicable customs regulations; and/or (b) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable governmental department or authority or other relevant organisation of the country of origin and/or the destination country. You shall indemnify GabarMart from any obligation or liability for non-performance of service due to the above conditions.
7.4 You shall be liable for any and all loss or damage suffered by us and/or any third party as a result of a breach of this clause.
7.5 You may also check here to view a list of such unacceptable items which are currently notified to us by the relevant authorities. This list may be amended by the relevant authorities from time to time. We are not responsible for the contents of this list and shall not be held liable for any loss or damage which may be suffered or incurred by you as a result of any inaccuracies or omissions thereof.
7.6 You acknowledge that additional charges are applicable for re-direction of the item, made at your request, to another address other than the local mailing/delivery address provided under your Gabarmart profile.
7.7 You acknowledge that additional charges are applicable for re-direction of the Item, made at your request, or return of the item, if the item is deemed unacceptable for import to the destination country. You will be notified of these additional charges as they become due and agree to be payable by you.
7.8 As we presently do not (and our license does not permit us to do so) store or receive alcoholic products and/or beverages, you acknowledge and agree that we will immediately discard/destroy such items/products once received at our international warehouses. Notwithstanding anything stated to the contrary in these terms and conditions (in particular clauses 7.6 and 7.7), you further acknowledge and agree that we will not redirect or return such items/products to you (or your shipper) once received at our warehouse. Please also refer to our FAQs for additional information.
8. Delivery and Self-Collection
8.1 An item will only be delivered to one (1) delivery address or the self-collection point, as the case may be.
8.2 We shall make reasonable effort to deliver the items to you within the estimated time frame as informed to you after you have processed your items for shipment. High security addresses or addresses in more remote locations may require a longer delivery period. There will be no deliveries on Sundays and gazette public holidays. We shall however not be liable (whether in contract, tort or otherwise) for any delay in effecting delivery for whatever reasons.
8.3 We will have the right to refuse delivery or make the item available for self-collection if any amount owing to us is not paid in full.
8.4 You agree that the actual/volumetric weight of your item may vary up to a maximum of 1 kilogram and you will not hold us accountable for these discrepancies.
8.5 An item shall be delivered to the delivery address, but not necessarily to the named member personally. Service will be deemed as rendered and complete upon acknowledgement of receipt by someone at the registered delivery address.
8.6 An item (regardless of weight) will be shipped only after the item has arrived at the Gabarmart address and after you have made all payments due to us in full accordingly.
8.7 We may, at our sole discretion, perform any of the following activities on behalf of you in order to facilitate the shipping of your item:
(a) complete any documents required under applicable laws and regulations; (b) act as your forwarding agent for customs and export control purposes and as a receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and (c) re-direct the shipment to another address upon request by you.
8.9 Gabarmart will send a notification email to you once the delivery has been successfully executed.
(a) You may login into your Gabarmart account to select the self-collection point (if available) before the shipping of the item from the Gabarmart address. (b) Upon the delivery of the item to the self-collection point, an e-mail notification will be sent by us to you. You agree to collect the item at the self-collection point within the estimated period stated in the email notification, failing which we may dispose of the item in any manner we deem fit without being liable to you and you may be subject to such additional charges as notified by us to you. (c) We reserve the right to review, amend or remove the list of self-collection points from time to time and make changes thereof without any or prior notice to you and/or any third party.
8.11 Upon receipt or collection of the shipment or item, you are advised to check that the item has been received in good order.
8.12 You acknowledge and agree that the customs authorities of the destination country has the right to detain any item for whatsoever reason they deem appropriate, and that we are not liable for any consequences of such delay.
8.13 You may login into your Gabarmart account to check the delivery status of the item.
(a) We may, at our sole discretion, re-pack the items before shipping from the Gabarmart address to your local mailing/delivery address or the self-collection point if we consider the items suitable for re-packing, so as to reduce the total shipping charges applicable to such items. (b) in the event of such re-packing, you shall pay us a re-packing fee for each package re-packed. (c) you acknowledge and agree that any such re-packing of items may render the return, refund or exchange (or any other similar) policy of the merchant for an item invalid, void or cancelled; and we shall not be liable to you for any loss, damage or liability which may be suffered or incurred by you as a result there of. This condition shall apply to all means of shipment offered by Gabarmart.
9. Restricted Area
9.1 There is no delivery to restricted areas. GabarMart will exercise its best efforts to deliver to the your delivery address but shall be held not liable if the address is inaccessible or in restricted areas.
9.2 There is no delivery to any restricted areas as defined by the country of destination.
10. Clearance of Items
10.1 All items imported are subject to customs clearance. Under the prevailing importation rules, only packages with a combined total value less than USD 500 may be imported for personal purchase without the need of an import license. Any amount equal or greater than this amount will require an import license and will be detained by customs. It is your sole responsibility to ensure and abide by this regulation and you shall hold Gabarmart free from any obligation or responsibility for non-performance of service and delivery.
10.2 You acknowledge that the customs authorities will detain dutiable items. You will be informed of the status of the item by a letter of notification from us or from the customs authorities. The item may be released after examination by the customs authorities in the presence of you or your representative and on payment of any charges deemed appropriate by the customs authorities.
10.3 You acknowledge that the import of controlled items in the shipment requires the approval from the relevant customs authority. Items requiring approval from relevant customs authority will be detained by the said customs authority. It is your sole responsibility to ensure that the relevant authorizations and permits have been obtained prior to purchase.
11. Unclaimed Deliveries
11.1 If you fail or refuse to (i) accept delivery; (ii) pay for delivery; or (iii) collect the item, or the shipment or item is deemed unacceptable for any reason, we may at our sole discretion:
(a) where appropriate, contact you to discuss and agree on an appropriate action to take; (b) use reasonable efforts to return the item to merchant at your cost; or (c) dispose the item in any manner we deem fit without being liable to you.
11.2 Subject to clause 11.1(a), if a re-direction is required, additional charges are applicable for such re-direction which shall be payable by you.
12. Shipment Return
12.1 As we only provide for your item to be shipped from the Gabarmart address to your delivery address or the self-collection point (as the case may be), We shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any item in the shipment. For all such items, you will need to liaise and deal directly with the merchant in respect of any refund, return, exchange, rebate, and money-back guarantee policy and/or procedure. All refunds, returns, exchanges, rebates, money-back guarantee policies and/or procedures will be in accordance with the merchant’s policies and procedures. GabarMart has no responsibility for authenticity of your purchased items from the merchants and has no responsibility for fitness to your particular use.
12.2 For the return of items, you will need to provide your own arrangements to send the item back to the merchant, and at your own cost. Alternatively, Gabarmart can, at its sole discretion, assist you, where possible and with a fee, with the return.
12.3 In the case of an exchange, you will provide your own arrangements to send the item back to the merchant, and pay for the subsequent charges in order to have the item returned to the delivery address.
In the case of a return of the item to a merchant, while the item is still in the Gabarmart source country as confirmed by us to you in writing, you can arrange with us for the return of the item to the merchant. This return will be subject to a service charge and domestic delivery cost. If however, the merchant provides you with free domestic return, you must provide us with a return sticker and the relevant instructions to do so in the same exchange instructing us to return the item to the merchant. Notwithstanding any free domestic returns as provided by the merchant, you will be responsible for all service charges as may be notified by Gabarmart.
13. Inspection of Item in Shipment
We may, at our sole discretion, but are not be obliged to, open and inspect for any reason any item in the shipment.
14. Limitation of Liability
14.1 We shall not be liable for all indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the shipment, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of God.
14.2 On the condition that we are satisfied that your claim of loss or damage to the shipment or item or contents thereof is justified, our liability for loss of or damage to your item or its contents thereof shall be limited to the full amount of shipping charges paid by you for the item.
14.3 Claims are limited to one claim per item, settlement of which will be full and final settlement for all loss or damage in connection therewith. All such claims must be made within three (3) days from the date of delivery to your registered delivery address. We will review the validity of the claim. We reserve the right to reject any claim(s) if they are not made by you within the stipulated time.
14.3 Insurance and Claim;
- Gabarmart does not provide insurance for your purchases but provides the option for you to purchase insurance through a third party global insurance service provider. Gabarmart is not, at any point in time, selling insurance and indemnifies itself from any insurance claim(s). Any insurance claim(s) will be between you and the insurance service provider from whom you have purchased the insurance policy. If you do not choose shipment insurance, you will not be able to file a claim for damage or loss in the event something happens to your shipment.
- All insurance claims for loss or damage must be made according to the agreement between you and your insurance service provider. The GabarMart shall have no liability nor responsibility. At your request and at a fee, GabarMart will, at its own discretion, agree to facilitate communications with the insurance service provider for you. Please click here to view the Insurance Agreement template.
15. Loss, Damage and Delay to Shipment
We shall not in any case be liable for any loss, damage and delay of shipment arising from:
15.1 any defect in any item in the shipment, whether or not known to us at any time before delivery to you;
15.2 incomplete, insufficient, or erroneous entry of the Gabarmart address by you at the merchant’s website;
15.3 failure by the merchant to make delivery within a reasonable time to the relevant Gabarmart address;
15.4 failure by any party or the merchant to provide complete and sufficient information on your shipment item to Gabarmart or make an accurate declaration for customs clearance, regulatory and delivery purposes;
15.5 insufficient or improper packing or addressing information of any item in the shipment by your merchant;
15.6 improper packing of any item in the shipment after having been opened by us for verification whether at the request of any customs authority or other governmental agencies;
15.7 insufficient or improper packing of any item in the shipment after having been re-packed by us (whether at your request or not);
15.8 any alleged delivery from the merchant to the Gabarmart address provided by you, where there is no proof of delivery furnished by the merchant or their delivery agent and where the receipt of the item is not signed and acknowledged at the Gabarmart addresses;
15.9 any loss of confidentiality in communications arising during the shipping;
15.10 electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;
15.11 the hazardous, fragile or brittle nature or the mechanical derangement of any item in the shipment; or
15.12 failure by you to take delivery of or collect the shipment after being notified to do so.
You shall indemnify and keep us indemnified at all times from and against all demands, claims, actions, proceedings, costs, charges and expenses including but not limited to customs charges and other regulatory penalties, storage charges, retrieval and administrative costs, duties and taxes (including reasonable costs) incurred, suffered or sustained by us in connection with the Gabarmart service performed for you, and pay us damages, costs and interest in connection with such demand, claim, action, suit or proceeding.
17.1 Gabarmart does not provide insurance for your purchases but provides the option for you to purchase insurance through a third party global insurance service provider. Gabarmart is not, at any point in time, selling insurance and indemnifies itself from any insurance claim(s). Any insurance claim(s) will be between you and the insurance service provider from whom you have purchased the insurance policy. If you do not choose shipment insurance, you will not be able to file a claim for damage or loss in the event something happens to your shipment.
17.2 All insurance claims for loss or damage must be made according to the agreement between you and your insurance service provider. The GabarMart shall have no liability nor responsibility. At your request and at a fee, GabarMart will, at its own discretion, agree to facilitate communications with the insurance service provider for you. Please click here to view the Insurance Agreement template.
18. Import Procedures and Limitation of Liability
18.1 All items being imported must meet the compliance of the Myanmar Ministry of Commerce, Ministry of Home Affairs, Customs Department and any other relevant Ministries and Authorities.
18.2 All items being imported must follow the regulation of GabarMart’s international shipping carriers. If items do not meet the requirement or are considered Prohibited items, GabarMart will not be able to ship the items and will not be held liable for non performance of service.
18.3 Any illegal contents, material, and goods will be turned over to the Myanmar authority and law enforcement for any needed investigation.
18.4 Gabarmart is not responsible for any duty and tax subject to any package being imported. It is the sole duty of the member to pay for the tax and duty of packages upon receiving in the destination country.
18.5 All packages are subjected to be inspected prior to export from GabarMart address due to the requirement of shipping carriers and Customs Departments in the relevant countries.
19. Notices and Claims
19.1 Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to you if the same is sent by email to the address provided under your Gabarmart profile, or such other address as informed to us in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever. All notices or correspondence from you to us must be in writing and sent to us at the address or email specified in this clause.
19.2 All claims for loss or damage must be made within three (3) days from the date of delivery, failing which we shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, any supporting documents, relevant invoices or receipts for that item and should be submitted to:
The Manager (Customer Service)
Onelink Technologies Co., Ltd.
Building 3 Room 6 Myanmar ICT Park
Hlaing Campus, Hlaing Township
Alternatively, you may contact us at
Telephone number: +95 1 652235
Operating Hours (Myanmar time) are as follows:
Monday – Saturday: 9.00am – 5.00pm (Except public holidays)
Please reach out to us via the contact form provided on http://www.gabarmart.com/contact-us.html
20. Disclaimer and Exclusion of Liability
20.1 These terms and conditions, the Gabarmart service, the information on this website and use of all related facilities are provided on an “as is”, “as available” basis without any warranties whether express or implied.
20.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Gabarmart website and its contents, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or course of dealing or usage of trade. Further, we do not make any representation or warranty in respect of the accuracy, completeness, availability and suitability of the Gabarmart website and its contents, or any other representation or warranty.
20.3 While we may use reasonable efforts to include accurate and up-to-date information on this website, we make no warranties or representations as to its accuracy, timeliness or completeness.
20.4 We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages(including but not limited to damages for loss of business, profits or anticipated savings, even if we have been advised of the possibility of such damages), howsoever caused, resulting from or in connection with (I) your access to, use of or inability to use Gabarmart or this website; (II) reliance on information on this website, or any delay, inaccuracy in the information or in its transmission; and (III) any delay or failure to deliver the item or make it available for self-collection.
20.5 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
20.6 We give no warranty as to the genuineness or authenticity of any item purchased from any merchant’s website(s). Gabarmart only provides global packet forwarding service and shall in no way be responsible or liable for the product that is purchased from the merchant websites.
21. Termination by Us
21.1 We reserve the right to terminate or suspend this service at any time without assigning any reason.
21.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Gabarmart service if:
- there is abuse or misuse of the service by you; or
- we are of the reasonable opinion that you have breached any of the terms and conditions herein contained.
21.3 We shall not be liable to you or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
22. Termination by you
22.1 You may terminate use of the Gabarmart service by giving us at least one (1) calendar month’s prior notice in writing to our address specified in clause 17.
22.2 Your termination of use of this service shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges.
23. Assignment and Sub-Contract
We have the right to assign or transfer or sub-contract all or part of our rights or obligations hereunder at our discretion.
We reserve the right to modify these terms and conditions from time to time without notice. The revised terms and conditions will be posted on this website and shall take effect from the date of such posting. We assume no liability or responsibility for any errors or omissions in the content of these terms and conditions.
25. Applicable Law and Jurisdiction
25.1 We may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this website both we and you agree that the laws of the Union of Myanmar, without regard to the conflict of laws principles thereof, will apply to all matters relating to these terms and conditions.
25.2 We and you accept and agree to submit to the exclusive jurisdiction of the courts of the Union of Myanmar in respect of any dispute or difference arising out of and/or in connection with these terms and conditions.