Terms & Conditions 2018-10-11T13:52:03+00:00

Terms & Conditions

Introduction

Shop2Ship offers a beneficial service for individuals, groups, and/or entities requiring reshipping and all reshipping related services. Reshipping is the act of shipping goods, material, or merchandise from a storage facility, warehouse, or local address, to its final destination having already once received the same goods, material, or merchandise from its origin after the initial purchase transaction. Our customers who choose to use our services (hereinafter “Customer” or “Customers”) agree to the Terms and Conditions herein when ordering services through our website or through direct contact with a Shop2Ship agent or authorized representative.

Agent

You expressly consent to Shop2Ship performing its services, on your behalf, and hereby appoint as your agent, with full power of attorney, to receive mail at a designated address, and perform all re- shipping and reshipping related services of such received items, including without limitation: preparation for reshipping (packaging or re-packaging, completion of shipping documents, to include packing list(s), certificates of origin, shipping labels, bill of ladings or airway bills), customs clearance, shipment and delivery. As such, Shop2Ship is responsible for preparing items to be shipped, based on the chosen method, manner, and third-party vendor/carrier.

The Customer is responsible for deciding the method, manner, and carrier, i.e., FedEx, UPS, DHL, etc., and Shop2Ship expressly denies involvement in such decision.

Certificate of Origin

The origin of goods is a crucial element in international trade. Customs administrations around the world establish and implement rules of origin, most of which require Certificates of Origin. The Certificate of Origin is a declaration by the shipper certifying the particular country where the shipped item is obtained, produced, manufactured, or processed. You expressly consent to Shop2Ship, as your agent, to prepare and issue Certificates of Origin on your behalf, and consent to the accuracy and validity of such certificate(s).

Privacy

Your use of http://shop2ship.com (the “Site”) and/or any other website developed by Shop2Ship for the purpose of providing its Customers’ services is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs Customers of our data collection practices.

Customer Responsibilities

Customers shall:

1. Be personally liable for the content received by Shop2Ship on their behalf;
2. Not use this Site or our Services for any illegal purposes (known or subsequently discovered);
3. Not misuse services, including without limitation, sharing access to this Site, sharing its United States mailing address, or using this Site and these Services for its own business purposes without entering an express business contract between the Customer and Shop2Ship; and
4. Not use this Site or our Services for any illegal purpose.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Shop2Ship is not responsible for third party access to your account that results from theft or misappropriation of your account. Shop2Ship reserves the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit content.

Shop2Ship does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian. Such permission is rightfully assumed when you use this Site and accept these Terms & Conditions.

Electronic Communications

Visiting and using the Site, or sending emails to Shop2Ship, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Payment

We accept online payment by credit/debit card (Visa, MasterCard, AMEX, Discover, Union Pay), ACH Credit Transfer, ACH Direct Debit, Alipay, Bitcoin, and WeChat Pay. By placing an order on this Site, you warrant that: (i) all payment information provided by you is truthful and accurate, (ii) the credit card you use to pay for your order has sufficient funds to cover the full transaction amount of your order, and is active and has not expired or been canceled, and (iii) you are the holder (or an authorized user) of the credit card account you use to pay for our services, and you authorize the full transaction amount of your order to be charged to your designated credit card.

When you pay by credit card, at checkout, our merchant provider may perform a standard pre- authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. If the issuer of your payment card refuses or does not authorize payment for any reason, you will be notified of this immediately during checkout. Upon successful checkout, your credit card will be charged the full transaction amount.

Restrictions on Items Received By Shop2Ship

Shop2Ship will NOT accept for reshipping:

1. Any items delivered Cash on Delivery (COD);
2. Any prohibited or illegal items, such as narcotics or child pornography;
3. Items addressed to a named recipient other than the purchasing User (unless the name matches the payee/credit card holder);
4. Any combustible or flammable items;
5. Any firearms, whatsoever;
6. Any gambling devices and/or paraphernalia, including tickets, cards, and paper;
7. Agricultural products or farm animals;
8. Perishable foods;
9. Alcohol beverages; and
10. Any item expressly prohibited by the destination country.

Prohibitions On Shipping

The United States, and Shop2Ship, prohibits shipping to the following countries:
1. Cuba – except gifts up to $400 in value and limited to 1 per month for each sender;
2. Iran – except personal gifts up to $100 in value, and/or humanitarian donations, medical supplies, and informational material;
3. North Korea;
4. Sudan – except personal gifts up to $100 in value, and/or humanitarian donations;
5. Syria – except food, vitamins, food additives and nutritional supplements, medicine, and informational material.
6. Myanmar

Responsibilities

Shop2Ship is only responsible for packages during the time the company is in the position of the parcels. Once the parcel/s left the Shop2Ship facility, the company cannot assist with any shipping related issues. Consequently, the client must get in touch with his/her selected shipping provider (DHL, FedEx, USPS, UPS, etc.) to resolve the issue. Shop2Ship is not involved with any customs related activities therefore the client must address all questions and inquiries to the appropriate customs agency.

Returned Packages

In the event any of Customer’s property is returned to Shop2Ship, whether by the shipping carrier, a third party returning a lost item, or otherwise, Shop2Ship will contact the Customer immediately within 24 hours of the received return, or within 12 hours of determining the owner, whichever comes first. The Customer shall have 96 hours from the time Shop2Ship confirms communication of the return to provide Shop2Ship with an updated forwarding address, or, if the item was returned after denial into a foreign country, instructions as to the disposition of the returned item. The Customer hereby agrees that any such instructions constitute a new provision of services, and Shop2Ship at its sole discretion may charge a fee for services before completing the instructions (incl. paying the full amount for reshipping the parcel if the customer has under declared the value or misdescribed the items in the consignment).

If, after 96 hours from the time Shop2Ship informs the Customer that its property has been returned, Shop2Ship has not heard from the Customer, Shop2Ship will store the Customer’s property in its own warehouse or other storage facility at a cost of $5 per day for any period of time up to 60 days, and promptly send a notice of abandonment to the Customer’s registered address on file at Shop2Ship. If after 30 plus 10 days from the time Shop2Ship sends a notice of abandonment we have not heard from the Customer, and the Customer’s property is worth more than $500 in the aggregate, Shop2Ship will sell all of Customer’s property through an online auction; or, if the

Customer’s property is less than $500 in the aggregate, Shop2Ship may keep the property or dispose of such in a private sale.

If, after informing the Customer that its property has been returned, and at any time, subject to the storage conditions above, the Customer clearly communicates it no longer wants, nor wishes us to keep, the item, the item will be sold after the passing of 90 days from the original date Shop2Ship received the returned item.

If, after informing the Customer that its property has been returned, and at any time, subject to the storage conditions above, the Customer instructs Shop2Ship to return the item to the merchant/supplier, a return label will be requested (if not a part of the original packing) and the Customer shall pay a $15 administrative fee to Shop2Ship. If the administrative fee is not received immediately, or not later than the time for return to its origin, the item will be sold after the passing of 90 days from the original date Shop2Ship received the returned item.

International Users

It is anticipated that the majority of our Customers reside in countries and/or territories outside the United States of America. Our services are controlled, operated, and administered by our offices within these United States. When you access our website from a location outside the United States, you agree to do so without the actual or intended purpose of committing an illegal, criminal act, or violating any law, rule or regulation. Furthermore, you are responsible for compliance with all local laws in the jurisdiction from which you accessed the Shop2Ship website, as well as any jurisdiction where the request for Shop2Ship services originated from.

Internet Crimes

Pursuant to the Computer Fraud and Abuse Act, the Wiretap act, Federal Wire Fraud Statute, Electronic Communications Privacy Act, and other network crime statutes, we will assist the United States federal and applicable state governments in the full and complete prosecution of any and all crimes committed while using this Site and our Service, including without limitation, unlawful access to stored communications, accessing to defraud and obtain value, trafficking in passwords, identity theft and aggravated identity theft, access device fraud, unsolicited commercial email a.k.a. “spam,” wire fraud, communication interference, child pornography, sale of prescription drugs and controlled substances, sale of firearms, sale of stolen property, invasion of privacy, phishing, and conspiracy.

Subject to our Privacy Policy, if at any point during a Customer’s use of this Site and our Services Shop2Ship suspects that such use constitutes criminal activity, law enforcement will be contacted immediately, and to the extent permitted by law, information already gathered will be shared with law enforcement.

Items above 10,000 USD are hold for 7 days until the customer can provide a valid proof of payment. If the client is unable to provide a valid proof of payment within the given timeframe, the items will be hold in the facility for an additional 7 days before it is returned to the sender.

Website Content

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Site is

owned, controlled, or licensed by or to Shop2Ship LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these terms of Use and Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Shop2Ship’s express prior written consent.

Warranty Disclaimers, Exclusions, and Limitations on Liability

SHOP2SHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MERCHANDISE PURCHASED FROM A THIRD-PARTY VENDOR, ANY OTHER MERCHANDISE SOLD TO YOU FROM A THIRD-PARTY, THE QUALITY AND RELIABILITY – INCLUDING TIMELINESS AND SECURITY – OF ANY THIRD-PARTY CARRIER, AND ANY ACTIONS OF UNITED ST A TES OR FOREIGN CUSTOMS OFFICIALS. SHOP2SHIP RESHIPS, OR OTHERWISE FORWARDS, PREVIOUSLY PURCHASED AND/OR OBTAINED MERCHANDISE, AND AS THE PROVIDER OF SUCH RESHIPPING SERVICES, DISCLAIMS TO THE FULLEST EXTENT PERMISSABLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMET, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THOSE GIVEN BY THE ORIGINAL MANUFACTURER, SELLER, OR THIRD-PARTY CARRIER.

SHOP2SHIP WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOP2SHIP’S SOLE AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR PURCHASE OF OUR SERVICES OFFERED ON THIS SITE. THE AFOREMENTIONED LIMIT A TIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SHOP2SHIP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BAOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

Customer, at Customer’s sole cost and expense, agrees to indemnify and hold Shop2Ship, its affiliates and their respective officers, directors, employees, agents, successors, and assigns, harmless from and against any and all claims, losses, damages, judgments, costs and expenses, including attorney’s fees, arising out of or related to any third party claim based on personal injury, damage to tangible property, or otherwise arising from the Services performed, to the extent caused

by or resulting from the actions or omissions of the Customer, its affiliates and/or their respective officers, directors, employees, agents, successors, and assigns.

Loss Of Or Damage To Property

All claims for loss of or damage to property must be made in writing and in accordance with the Terms and Conditions for loss of and damage to property of any third party merchant/supplier and/or carrier responsible for the safe shipping to Shop2Ship and/or the safe shipping to the Customer or Customer’s registered delivery address for reshipment. Shop2Ship expressly rejects responsibility for the condition of Customers’ property except during the period where Shop2Ship services begin to when Shop2Ship services end. For purposes of this provision, and notwithstanding the contractual term herein, Shop2Ship services begin once Shop2Ship accepts the delivery of a Customer’s property at Shop2Ship’s storage facility, warehouse, or designated address pursuant to that Customer’s registered information.

Force Majeure

To the extent that Shop2Ship’s performance is precluded or delayed by, or a Customer’s property is lost or damaged as a result of, a “Force Majeure Event,” such performance shall be excused for the time necessitated by such Force Majeure Event, and Shop2Ship shall not be responsible for damage or loss to such property resulting from such Force Majeure Event. “Force Majeure Event” shall mean any event beyond Shop2Ship’s control, including but not limited to: acts of war, terrorist acts, governmental orders relating to the foregoing, the application of security regulations imposed by a government, embargoes, acts of public authorities acting with actual or apparent authority, insurrections, riots, sabotage, natural disasters (including earthquakes or floods), acts of God, labor disputes (including strikes, lockouts, job actions or boycotts), fires, explosions, failure in electrical power, heat, light, air conditioning or communications equipment, or disruptions in air or ground transportation networks.

Disputes

Claimant and Shop2Ship agree that their sole relationship is a contractual one governed by these Terms & Conditions, as well as any guide for services on Shop2Ship’s website. Any controversy or claim arising out of or related to the provision of such services shall be resolved solely based on these Terms.

Customers agree to not take any legal action against Shop2Ship related to causes arising out of these Terms & Conditions, or otherwise for actions in performance of our Services not covered by these Terms & Conditions, without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which such claim arises; and (b) allowing Shop2Ship thirty (30) calendar days to investigate any such claim and offer resolution. All correspondence concerning such dispute must be sent to:

Disputes Department
Shop2Ship LLC
2229 NW 79th Ave
Doral, FL 33122

If, after thirty (30) days of good faith negotiations on the part of both parties, Customers (now “Claimant”) desire to pursue other forms of dispute resolution, Claimant and Shop2Ship agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes), any controversy or claim, whether at law or equity, arising out of or related to the provision of services by Shop2Ship, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “Rules”), and judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at https://www.adr.org. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve Shop2Ship’s registered agent for service of process.

Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. Claimant and Shop2Ship are each waiving the right to trial by jury. Claimant and Shop2Ship are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.

Any arbitration will take place in Broward County, Florida and will be determined by a single arbitrator. Any filing fee or administrative fee required of Claimant by the AAA Rules shall be paid by Claimant to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous complaints, Shop2Ship will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the American Arbitration Association. Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of the Terms.

In cases where Claimant cannot be present for arbitration in Broward County, Florida, and for all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), the parties shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents; no hearing will be held unless the arbitrator in his or her discretion, and upon request of a party, decides it is a necessity to require an in-person hearing. For a dispute governed by the AAA Consumer-Related Disputes Supplementary Procedures, and concerning an award between fifteen thousand dollars ($15,000.00) and fifty thousand dollars ($50,000.00), inclusive, Shop2Ship shall pay Claimant’s filing fee under the AAA Rules, provided that Claimant agrees that both parties shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with desk arbitration at any time.

Notwithstanding anything to the contrary in the AAA Rules, Shop2Ship and Customer agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the American Arbitration Association from reporting certain consumer arbitration case information as required by state law.

If any part of this Disputes provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this Disputes provision, including the acceptance of arbitration and any conflicts with the AAA Rules, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.

Governing Law

This Agreement is governed by laws of the state of Florida as such laws apply to Agreements entered into and to be performed primarily within the state of Florida, with or without its residents, and without regard to conflict of laws.

General

Each party hereto agrees to comply with all applicable laws. These Terms and Conditions shall be binding upon the parties hereto, their successors and permitted assigns. Customers may not assign (by operation of law or otherwise) the Agreement created by these Terms and Conditions nor any of its interests, rights or duties here-under without the express written consent of Shop2Ship.

Assisted Purchase Service

Due to the risk that Shop2Ship Llc carries with this service, the following terms are:

Assisted Purchases totaling over $1,000.00 USD will require photo identification and photo proof of verified payment method (prior to shipment to final destination).

All Assisted Purchases to high risk regions (Nigeria, Indonesia) will require photo identification and proof of verified payment method. We have the right to refuse this service to customers in that region based on the location alone.

If the reship destination of the Assisted Purchased item is a package/mail forwarder, we will not complete the transaction.

We have the right to refuse this service to anyone, for any reason.

Optional Insurance Service

Optional Insurance is available for all shipments. The recipient that selects the service will be assessed a $5.00 fee. The coverage and insurance fees applied by the shipper vary as it is 2% of the estimated value of the goods. The value used to calculate the total sum is based on the declaration details provided by the recipient. Please note, that if the items are lost or damaged, the carrier will require proof of loss or damage only if proof of purchase is provided. They will only approve the claim for the amount declared by the recipient in their customs declaration form.

Changes to Terms

Shop2Ship LLC reserves the right, in its sole discretion, to change the Terms under which the Shop2Ship services are offered. The most current version of the terms will supersede all previous versions, and the most recent update will appear in the Shop2Ship website on its TERMS & CONDITIONS page. Your access and use of this Site after updated TERMS & CONDITIONS are posted to this Site constitutes your agreement to the most current TERMS & CONDITIONS posted at the time of any transaction(s).

It is the express wish to all Customers that this agreement and all related documents be written in English, and any Customer agrees to be bound by the terms as written in English and without translation to any other language.

Contact Us

Shop2Ship LLC welcomes your questions or comments regarding these Terms sent to: legal@Shop2Ship.com.

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Effective as of January 15, 2018