Terms and conditions
TERMS AND CONDITIONS
You are viewing these terms and conditions either because (1) you are doing business with a company (hereinafter "the Service Provider") that has activated an account on your behalf with ACCESS USA SHIPPING, LLC, a Delaware limited liability company (hereinafter "the U.S. Package Consolidator"); or (2) you are doing business with a reseller who is a registered user of the U.S. Package Consolidator's services (hereinafter "the Reseller"). You are referred to below as you, your, the "Member," or a "Member." The Member's use of services provided by the U.S. Package Consolidator, either directly or through a registered reseller, will represent the Member's acceptance of this agreement (hereinafter "Agreement"), as set forth in the following Terms and Conditions.
- The U.S. Package Consolidator reserves the right, at its sole discretion, to change, modify, or otherwise alter these Terms and Conditions. It is the Member's responsibility to review the U.S. Package Consolidator Terms and Conditions periodically as continued use of the U.S. Package Consolidator's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of the U.S. Package Consolidator.
- The U.S. Package Consolidator prohibits any illegal activity by any Member. Any charges incurred, for legal advice or otherwise, by the U.S. Package Consolidator in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See the Indemnification section below for further details.
- The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
Information The U.S. Package Consolidator May Collect
We collect several types of information from and about you when you access and use the Website, including the following:
Non-Personal Information. When you visit the Website, we may collect non-personal information about you automatically as you navigate through the Website via certain Internet technology tools, including cookies, web beacons, and other tracking technologies. "Non-personal information" we may collect includes, for example, your IP address, details about how you use the Website, what Website features you access, information regarding the type of browser and operating system that you use, what website you linked from to the Website, other websites you have visited, and other similar analytic data. Non-personal information also includes personal or non-personal information that has been aggregated or pseudonymized in such a way that you cannot easily be identified individually. We may use third party service providers to assist us in collecting and analyzing non-personal information or to provide advertisements or other content on the Website.
Personal Information. We may collect personal information:
- when you provide it to us directly, including through forms on the Website (including, for example, when you register for our service, purchase a membership, use our services, or otherwise);
- when you send us an email or when you Live Chat; and
- from third-party service providers who assist us in collecting and analyzing personal information.
If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to the U.S. Package Consolidator a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
How We Use The Information We Collect
We use personal and non-personal information:
- To determine how much traffic the website receives, to statistically analyze website usage, to diagnose problems with our server, to improve website content, to customize the website's content, layout and services, and to otherwise provide the Website to you and other users;
- To process payments and complete transactions;
- To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
- To send you communications, including newsletters or special offers to members if you have requested that service;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To fulfill the purpose for which you provide it;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
We do not sell, rent, or loan our email lists to outside firms.
We may retain the content of any emails or messages you send us, and your name, your email address, and our response in order to handle any follow-up questions you may have. We may also use this information to measure how effectively we address your concerns.
Information Sharing And Disclosure To Third Parties
Non-Personal Information. Because non-personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.
Personal Information. The U.S. Package Consolidator may share or disclose your personal information:
- To affiliated companies or other trusted businesses or persons who work on behalf of or with the U.S. Package Consolidator. The U.S. Package Consolidator may use third party service providers to host a website or perform other website functions, to help the U.S. Package Consolidator administer its business, or to communicate with you, the Service Provider, or the Reseller about offers or other information relevant to your or their relationship with the U.S. Package Consolidator. For example, the U.S. Package Consolidator may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
- In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise the U.S. Package Consolidator's legal rights or defend against legal claims;
- If the U.S. Package Consolidator believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
- With a potential acquirer or buyer, if the U.S. Package Consolidator becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- To fulfill the purpose for which you provide it;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
Transfer of Personal Information to the United States
Upon written request and verification of your identity, we will provide you with your personal information in our possession. You may request such information by contacting us as described below. You may also update or correct your personal information in our possession by contacting us as described below or by updating your information through the Website.
Please note that if you request we delete your information, that deletion may not happen immediately. We may retain your personal information subject to our reasonable business or legal requirements to do so, including, for example, to comply with requests from law enforcement.
Your California Privacy Rights; Do-Not-Track Disclosure
California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding the U.S. Package Consolidator's disclosure of personal information to third parties for those third parties' direct marketing purposes. To make such a request, please contact us as described below.
Links to or from Third Party Websites
You may have the opportunity to follow a link to other websites that may be of interest to you from the principal website hosted by the U.S. Package Consolidator. The U.S. Package Consolidator endeavors to only link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by the U.S. Package Consolidator and the U.S. Package Consolidator is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before following such links.
The U.S. Package Consolidator website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. The U.S. Package Consolidator is not responsible for those products or services or the privacy practices of those affiliates; you should contact those affiliates directly if you have questions or concerns about their privacy practices, products, or services.
The U.S. Package Consolidator takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your personal information. These measures include internal reviews of the U.S. Package Consolidator's practices and security measures, including a review of the U.S. Package Consolidator's encryption and physical security measures to guard against unauthorized access to systems where the U.S. Package Consolidator stores personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not and the U.S. Package Consolidator is not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your personal information also depends on you. You are responsible for maintaining the confidentiality of any usernames, suite numbers, passwords, and other login credentials that you receive associated with this Agreement. The U.S. Consolidator recommends that you do not share that information with third parties. We also recommend that you be careful not to post any personal information in public areas of a website or blog operated by the U.S. Package Consolidator, as that information may be viewed by other users or third parties that you do not know.
Children Under the Age of 13
The U.S. Package Consolidator is committed to protecting the privacy of children. The U.S. Package Consolidator does not knowingly collect personal information from children under the age of 13. If you are under 13, you may not use or provide any information to us through the Website. If a child under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us as described below, and we will remove the information.
II. TERMS OF SERVICE
- For Members working with a Service Provider, the U.S. Package Consolidator will provide the Member with a suite number at its facility in the United States at which the Member can have mail and/or merchandise delivered prior to export. For Members working with a Reseller, the Reseller will have its own suite number with the Member's address listed as an authorized delivery address on the Reseller's account.
- The U.S. Package Consolidator's services consist of acting as an agent of the Member and/or the Reseller for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, the U.S. Package Consolidator arranges for export to the Member or Reseller's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. The U.S. Package Consolidator does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members or Resellers, as appropriate). All packages received by the U.S. Package Consolidator will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all packages will be sent. Members also authorize the U.S. Package Consolidator as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry. Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of a relevant Member.
- The Member authorizes the U.S. Package Consolidator to charge the Service Provider or the Reseller, as Member's agent, for all services provided for the benefit of the Member and/or Member's account activity with the U.S. Package Consolidator. Such charges may include but are not limited to shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership/removal from the Reseller's account, and involuntary return or the discarding of any remaining merchandise.
- If a Member's payment method is made directly to the U.S. Package Consolidator by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes the U.S. Package Consolidator to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
- Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.
- Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by the U.S. Package Consolidator. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to the U.S. Package Consolidator is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by the U.S. Package Consolidator for damage or loss caused to any items before delivery to the U.S. Package Consolidator or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. The U.S. Package Consolidator has an Inland Marine insurance policy, with a liability limit of $500,000. The U.S. Package Consolidator does not maintain its own Aircraft Accident Liability Insurance coverage.
- Each Member or Reseller, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to the U.S. Package Consolidator by such Member or Reseller, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to the U.S. Package Consolidator and grants to the U.S. Package Consolidator a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member or Reseller to the U.S. Package Consolidator.
- If a Member or Reseller's account charges become delinquent for more than thirty (30) days, the U.S. Package Consolidator may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
- Without limiting the generality of the foregoing, the U.S. Package Consolidator may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member or Reseller to the U.S. Package Consolidator are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member, Reseller, or any other person notice or opportunity for a hearing on the U.S. Package Consolidator's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of The U.S. Package Consolidator or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. The U.S. Package Consolidator shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
- Title to any items that cannot be exported after arrival at the U.S. Package Consolidator facility will be forfeited by the Member and/or Reseller. The U.S. Package Consolidator will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
- The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the U.S. Package Consolidator's warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the U.S. Package Consolidator's warehouse.
- For Members working through a Service Provider, if a Member's account charges become delinquent for more than 30 days, the U.S. Package Consolidator may, at its sole discretion, cancel the Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
- Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member and/or Reseller's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- The U.S. Package Consolidator suite number is to be used only for package consolidation purposes. The Member will not represent that its suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's account or removal of the Member from the Reseller's account.
- The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that the U.S. Package Consolidator is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
- The Member also is responsible for informing the seller that any merchandise purchased and sent to the U.S. Package Consolidator's facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to the U.S. Package Consolidator by the seller.
- Maximum shipping weight is 30 Kg. If L + W + H > 72 inch, then dimensional weight will apply
III. COMPLIANCE WITH LAWS
A. Compliance with Export and Import Laws
- The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member's shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.
- The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by the U.S. Package Consolidator is available on our Prohibited and Restricted Items page.
- The Member represents and warrants that (a) the recipient of any items consolidated by the U.S. Package Consolidator is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide the U.S. Package Consolidator with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by the U.S. Package Consolidator will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through the U.S. Package Consolidator, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. The U.S. Package Consolidator reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by the U.S. Package Consolidator.
- If you are a reseller, you agree to be bound by the following terms:
- As a condition of your membership with the U.S. Package Consolidator, you agree to be bound by all terms and conditions of the U.S. Package Consolidator. The U.S. Package Consolidator's Terms & Conditions are subject to change at any time.
- You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of the U.S. Package Consolidator to any destination, end-user, or for any end-use prohibited by the laws of the United States. By signing and returning this letter, you agree that you will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on a U.S. Government denied party list.
- You recognized that products consolidated and exported using the services of the U.S. Package Consolidator from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:
- made in the U.S. or contains a certain amount of U.S.-origin content;
- foreign-origin but has "traveled" through the U.S.;
- developed from U.S. technology;
- sold by a U.S. citizen anywhere in the world; or
- made by a U.S. company anywhere in the world.
Thus, the products consolidated and exported using the services of the U.S. Package Consolidator from the United States are subject to the controls of the EAR.
We have attached links to pertinent government websites for your convenience:
Export Administration Regulation (EAR) § 736 - 10 General Prohibitions
International Traffic in Arms Regulations (ITAR) - 22 CFR Chapter 1, Subchapter M, Parts 120 - 130
Consolidated Screening List for U.S. Government Denied Parties
- You represent and warrant that the items you purchase for resale will be sold or distributed by your organization and that with respect to such items you will comply with the applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the end user of your products resides, operates, or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice. You also will ensure that any person or name to which you are shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.
- You also agree that you will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, you certify that pursuant to Section 744.17 of the EAR, you will not re-export items classified as 3A991.a.1 without an export license from BIS if you have reason to know or are otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/encryption/740supp1.pdf).
- You agree that only items purchased from the United States will be routed through the U.S. Package Consolidator (i.e., you will not knowingly purchase items from outside of the United States to be imported to the U.S. Package Consolidator facility in the United States).
- You recognize that when purchasing merchandise you are responsible for notifying, and agree that you will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that you intend to export the merchandise purchased from the United States. You agree to provide to the U.S. Package Consolidator all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
- You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of the U.S. Package Consolidator. You are responsible for complying with all import obligations or license requirements of the destination country.
- To the extent that you are a reseller and the ultimate purchasers (i.e., your customers) are known to you at the time you export merchandise using the services of the U.S. Package Consolidator (e.g., your transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:
- You must provide the U.S. Package Consolidator with the identity of your customer prior to conducting a transaction on behalf of that customer. The customer should be added to your account with the U.S. Package Consolidator as an additional named person benefitting from the account (i.e., added as an "additional name"). Ultimately, you are responsible for conducting screening to ensure that you do not export to Prohibited Persons as defined in the U.S. Package Consolidator Terms and Conditions using the services of the U.S. Package Consolidator or its unaffiliated freight forwarders and/or carriers
- Your customers also must agree in writing (or by electronic affirmation) to be bound by the U.S. Package Consolidator Terms and Conditions. The U.S. Package Consolidator has the right to request a copy of this writing at any time. You should provide your customers with language along the following lines prior to engaging in a transaction with these individuals:
"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at www.123buyusa.com"
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
- Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
- Hazardous materials (matches, chemicals, explosives)
- Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
- Coffee (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through the U.S. Package Consolidator may not be returned to or resold in the United States.
- Animals and products made with animal skin (furs)
- Alcohol (the U.S. Package Consolidator may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia)
- Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit
- Lottery tickets and gambling devices
- Prescription and/or veterinary medication
- Lock picking devices
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
- The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. Member also understands that the U.S. Package Consolidator is not responsible for the loss of any software and/or data.
- The Member acknowledges that the U.S. Package Consolidator will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by the U.S. Package Consolidator. The Member also acknowledges that the U.S. Package Consolidator does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by the U.S. Package Consolidator is available on our Prohibited and Restricted Items page.
- The Member is responsible for confirming that prohibited items listed in the U.S. Package Consolidator Prohibited and Restricted Item page are not sent to the U.S. Package Consolidator. See http://123buyusa.com/restricted for more information. The U.S. Package Consolidator reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity). Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website.
C. Prohibited and Restricted End Users and Destinations
- The U.S. Package Consolidator will not provide services to any of the following countries:
- North Korea
- The U.S. Package Consolidator will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. The U.S. Package Consolidator reserves the right to update this list at any time to reflect current law and regulations. The U.S. Package Consolidator also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).
- At no time shall the Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a "Prohibited Person" shall mean (a) a Person who is a "designated national," "specially designated national," "specially designated terrorist," "specially designated global terrorist," "foreign terrorist organization," "specially designated narcotics trafficker," or "blocked person"" within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the "OFAC Regulations") or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC's website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 - Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
- In the event that the Member is believed potentially to be a Prohibited Person or requests that the U.S. Package Consolidator arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, the U.S. Package Consolidator may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of the U.S. Package Consolidator, the U.S. Package Consolidator reserves the right to remove the shipping address of such potential Prohibited Persons from the Member's account or to cancel the Member's account/remove the Member from the Reseller's account. The U.S. Package Consolidator also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of the U.S. Package Consolidator or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
D. Compliance with the Foreign Trade Regulations
The U.S. Package Consolidator takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by the Member and/or the Reseller and the U.S. seller.
- The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member, or to instruct the Reseller to do so on the Member's behalf. The Member agrees to provide to the U.S. Package Consolidator all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required), or to instruct the Reseller to do so on the Member's behalf.
- If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing the U.S. Package Consolidator with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value it provides to the U.S. Package Consolidator is true and accurate. The U.S. Package Consolidator Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.
E. Fraud Prevention
- The U.S. Package Consolidator uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, THE U.S. PACKAGE CONSOLIDATOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact the Service Provider immediately, who will work with the U.S. Package Consolidator to cancel such account.
- You may not use of the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to the U.S. Package Consolidator is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.
IV. APPOINTMENT OF THE U.S. PACKAGE CONSOLIDATOR AS MEMBER'S AGENT
- As a Member, you grant Access USA Shipping, LLC a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
- preparation of shipping documents;
- preparation of any Certificates of Origin;
- preparation of an EEI via AES in accordance with the laws and regulations of the United States;
- preparation of an airway bill or any other document required to export merchandise to Member;
- entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
- authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- If an EEI is required for goods originating within the United States, the U.S. Package Consolidator will file the required export information on behalf of the Member and/or the Reseller as its agent pursuant to this section. If the Member, Reseller, or the USPPI fails to provide all of the information needed to accurately file an EEI, the U.S. Package Consolidator will decline to process the merchandise for export. The U.S. Package Consolidator reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, the U.S. Package Consolidator will not reimburse the Member for the value of the merchandise.
- The Member acknowledges that he/she has a duty to - and is solely liable for - accurately providing all information required by United States' laws and regulations, including information required by 15 C.F.R. § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the U.S. government for making false or fraudulent statements with respect to this information.
- The U.S. Package Consolidator assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member, the Reseller, or the USPPI. The Member is responsible to supply to the U.S. Package Consolidator all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number ("ECCN"), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR), or to instruct the Reseller to do so on the Member's behalf. The Member and/or Reseller also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
- The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless the U.S. Package Consolidator and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
- any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
- any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
- any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
- The U.S. Package Consolidator's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of the U.S. Package Consolidator;
- the Member providing to the U.S. Package Consolidator any incomplete or false information; and
- the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
- The Member acknowledges that the foregoing provisions are a material inducement for the U.S. Package Consolidator to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
VII. NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and the U.S. Package Consolidator as a result of this Agreement or your use of this Website.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the U.S. Package Consolidator. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the U.S. Package Consolidator. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
IX. CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.