I.1. Introduction
ShipToEu.com offers a service for package forwarding from the U.S. to other countries throughout the world. Once your account is activated, we will send you a U.S. address that you can use to receive your packages. You will also be given a ShipToEu.com Account Page that you can access through ShipToEu.com. When ShipToEu.com receives a package addressed to you, we will notify you by email and post the package on your ShipToEu.com Account Page. After you have created a shipment and paid for the associated fees and shipping expenses, we will send the package on to your address in your home country in accordance with your instructions.
I.2. User Agreement
This User Agreement (“Agreement“) is a legal agreement between you (referred to as “you” or “Customer”) and ShipToEu.com (“ShipToEu.com” or “us“). This Agreement governs your use of the ShipToEu.com website, referred to in this Agreement as “ShipToEu.com” or the “Site.” All services provided by ShipToEu.com are described in ShipToEu.com and are collectively referred to in this Agreement as “Services.” As a condition of your use of this Site, you represent and warrant to ShipToEu.com that you will not use this Site or the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
This Agreement supplements the terms and conditions of the Services described in the Site. By accessing the Site or opening a new account with ShipToEu.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use ShipToEu.com.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on ShipToEu.com, which take effect when we post them. By continuing to access or use ShipToEu.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE ShipToEu.com. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. TO USE THE SERVICE, YOU MUST BE AT LEAST 18 YEARS OLD.
I.3. Our Privacy Policy
The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site, which is incorporated within this Agreement by reference. You The Privacy Policy describes our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site. ShipToEu.com will not share, rent or lease your personal information to any third party for their independent use or benefit. Information we collect from you is used to process your orders, ship products, verify accounts, which is basically what we need to do our job. We don’t save or store complete credit card numbers to further protect your security and privacy.
II. The ShipToEu.com Site
II.1. No License
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppels or otherwise, with respect to any of ShipToEu.com’s content or any third party’s content. Any rights not expressly granted herein are reserved.
You agree not to use the Site or the Services to:
Harm or threaten to harm ShipToEu.com or users in any way, including by using information you find here to compete against ShipToEu.com;
Impersonate any person or entity (including ShipToEu.com or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other rights.
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
Provide fraudulent, inaccurate, or incomplete information to ShipToEu.com or any shipping service or government agency;
Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post or cause to be uploaded to ShipToEu.com’s computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
II.2. No Automated Queries
You may not send automated queries of any sort to the Site without express permission in advance from ShipToEu.com. Note that “sending automated queries” includes, among other things:
using any software that sends queries to the Site to determine how a website or web page “ranks” for various queries;
“meta-searching”; and
performing “offline” searches on any ShipToEu.com web site.
II.3. No Copies
You may not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Services or the Site, or remove or obscure the copyright notice or other notices displayed on the Site.
Except as provided above, you may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of ShipToEu.com or the copyright holder identified in the relevant copyright notice.
II.4. Copyrights
All content available on ShipToEu.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by ShipToEu.com, with all rights reserved, or is the property of ShipToEu.com or third parties protected by intellectual property rights.
ShipToEu, and ShipToEu.com are service marks of ShipToEu.com. Service marks/trademarks may not be used in connection with any product or service that is not provided by ShipToEu.com, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits ShipToEu.com.
II.5. Trademarks
We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark. ShipToEu.com does not control and assumes no responsibility for content that appears on a third party’s website that may be accessed via ShipToEu.com, and trademark owners should contact third-party sites directly to resolve trademark disputes.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on ShipToEu.com, or if you believe that we have improperly used your registered trademark to promote ShipToEu.com on a third-party website, please provide the following information in a signed letter on company stationery:
The ShipToEu.com Service
II.6. Registration
Before you use the Services, you must open a ShipToEu.com Account by completing the ShipToEu.com Account Set Up form with true, accurate, current and complete information about yourself (the “Registration Information”). You agree to maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ShipToEu.com has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, ShipToEu.com has the right to suspend or terminate your access and refuse you any and all use of the Site and the Services.
II.7. Fraud Prevention
ShipToEu.com is continually working to prevent payment fraud. We require that all items you send to us are fully paid to the seller.
II.8. Password
When your registration is complete, you may access your ShipToEu.com Account Page and other secure areas of ShipToEu.com using a password. You are responsible for safeguarding the password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify ShipToEu.com of any unauthorized use of your password.
II.9. Security Hold
Occasionally discrepancies or other problems with account status and payments arise that cause us to put a Security Hold on the account. While on Security Hold, we will not incur any expenses on the account, including shipping expenses. We will keep you informed of the status of the Security Hold and let you know how you can help us to clear it up.
II.10. USA Export Regulations
Customer must export products from the United States in accordance with all applicable United States export control laws and regulations including regulations administered by the U.S. Department of Commerce, U.S. Department of State, and the U.S. Department of Treasury. As a customer of ShipToEu.com , You agree not to export, re-export, or transship these commodities to any country that the United States has imposed an embargo or trade sanction upon, including but not limited to Cuba, Iran, Iraq, North Korea, Somalia and Sudan or any destination for which United States requires an export license without first obtaining such license(s). Diversion of these commodities contrary to the United States law is prohibited. Any and all export license requirements are the sole responsibility of the individual and/or entity in contractual agreement with ShipToEu.com.
II.11. Addresses
Each package that you have sent to ShipToEu.com must be addressed correctly. Your correct name and ShipToEu.com mailbox/suite number must be written on each package. If a package arrives with an incorrect or incomplete address (for example missing mailbox number or an unknown or misspelled name), ShipToEu.com will try to determine whom it belongs to. If ShipToEu.com is able to determine the owner of the package, it will be entered in to the correct mailbox. If the owner cannot be determined and a claim with tracking information is not provided within 10 days of the package’s arrival, the package will be liquidated.
II.12. Storage
ShipToEu.com will store your packages in our warehouse for up to 60 days without charge while we wait to receive all of the required fees and customs forms for shipping, and any additional packages that are to be consolidated. Storage is limited to 18 cubic feet.
II.13. Abandoned Packages
If we receive a package but do not receive the required fees and documents from you within 60 days, we will deem the package to be abandoned. ShipToEu.com will sell abandoned packages at public auction or private sale, without further notice to you.
II.14. Package Refusal
ShipToEu.com is not able to refuse any selected package due to the volume of packages we receive each day.
II.15. Oversize Packages
Oversize packages are any package over the size or weight limit of shipping methods shown in the ShipToEu.com calculator. Oversize packages will need to be divided, reduced, trashed or returned to the sender.
II.16. Consolidation and Repacking
Consolidation of multiple packages into one box can save substantially on shipping costs.
ShipToEu.com is not responsible for items missing from a consolidated package without proof that the missing item was received by us. Accordingly, we strongly urge you to submit a special request for ShipToEu.com check and photograph the contents of each package upon arrival and again during consolidation to make sure all items are included. Stores make mistakes and a special request is the only way how to find out if any items are missing before they are forwarded to you. Note, however, that these special requests cannot be made for packages that have already been consolidated. Special requests must be made for individual packages before consolidation or through special requests made through the consolidation page.
Unless you request otherwise, we will remove all catalogs during consolidation. Catalogs are heavy, adding to shipping costs, and most customers want them removed.
If you believe that we have made a mistake in the consolidation, weighing or processing of any other special request, contact us and we will work to correct the mistakes.
II.17. Costs
The costs for the ShipToEu.com services are listed on the Site.
II.18. Billing Problems
Customer is responsible for reviewing all charges. Discrepancies in billing must be reported to ShipToEu.com within 10 days of the billing date. After 10 days, no charges refundable.
III. Customer Responsibilities
III.1. Import and Export Documentation
The customer is responsible for determining and following the regulations for their shipments, including all customs requirements of the destination country. ShipToEu.com does not guarantee delivery of packages that do not comply with U.S. export regulations or the import regulations of the country to which they are sent.
You are responsible for the accuracy of all customs declarations and documentation and for all customs duties in the destination country. Any such duties or charges are in addition to the fees earned by ShipToEu.com for its package/mail forwarding service.
You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of the country that is the final destination of your package and the laws and regulations of the United States, including without limitation, information required by 15 CFR sec. 30 and that you are responsible for maintaining all records as required under any applicable customs or other government agency laws. ShipToEu.com assumes no responsibility to act as a record-keeper or record-keeping agent for you or the USPPI. You are responsible to supply to ShipToEu.com all information regarding the USPPI, including its name and employer identification number (EIN), and the 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 Statistics Regulations (FTSR).
III.2. Shipping
ShipToEu.com ships only by the shipping methods offered in the shipping calculator shown on ShipToEu.com. ShipToEu.com is not responsible for the actual shipping service that is chosen by you. All terms and conditions of the selected shipping service (USPS, FedEx, UPS etc.) apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume.
You authorize ShipToEu.com to open packages if there is a suspicion about content of the package (illegal goods) or any practical reason.
Any problem with received package must be reported within 10 days of delivery.
III.3. Other Rules
You agree to comply with all laws and regulations applicable to your access and use of ShipToEu.com. You may not harvest personal data (including email addresses) from ShipToEu.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that ShipToEu.com has no obligation to monitor your access to or use of ShipToEu.com, but has the right to do so for the purpose of operating ShipToEu.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access ShipToEu.com or collect information from it.
III.4. ShipToEu.com Liability
ShipToEu.com’s responsibility for shipped packages shall not exceed the amount of handling fees (excluding actual shipping fees).
Customer shall indemnify and hold ShipToEu.com harmless from any and all claims, including legal fees incurred in defending against said claims, from third parties arising out of the transmission of the package/mail sent by customer through ShipToEu.com.
ShipToEu.com shall not be responsible for any damage from an error or omission caused by you providing false or incorrect information or for failing to provide all necessary information.
III.5. Problems with Delivery
You are responsible for confirming that the package that arrived in our warehouse is the same one that you ordered. Further, you must immediately notify ShipToEu.com in case you receive an incorrect package. Mistakes happen and stores sometimes confuse customer names or misprint the mailbox number. Therefore, we expect every customer to extend the courtesy and inform us immediately so we can arrange for forwarding of package to the correct customer.
III.6. Missing and Lost Packages & Damages of shipments
In case of lost or damaged package please use your account to file a claim. All claims for lost or damaged packages must be reported to ShipToEu.com within 10 days. Otherwise they will be automatically denied. Packages are insured by carrier shipping insurance. Insurance for packages lost in the warehouse or lost during the shipping covers only the value entered in the customs declaration. You have to be able to prove value entered by invoice or order. If you claim lower value in customs declaration that is what you get paid. You have to support insurance claims for lost or damaged items with a proof that those items were really received at our warehouse and were in good condition.
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Damaged shipments and responsibility for damages: Company As Agent / Freight Broker. The Company works solely as the “agent” on behalf of the Customer for the purpose of performing duties in connection with the transportation of Customer’s cargo and as the one who negotiates between Customer, carrier and third parties for the purchase, sale, conditions and terms of transportation. Sailing and arrival dates are estimated only and subject to change. No Liability For The Selection or Services of Third Parties and/or Routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, loading, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents. Reliance On Information Furnished. In preparing and submitting shipping quotes, Customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness of all information furnished by Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. Customer is solely responsible for verifying and complying with all Customs / Government laws, rules, regulations and restrictions in force at the country of destination / importation. |
III.7. Delay in locating your package
Sometimes ShipToEu.com needs more time to locate your package in our warehouse. ShipToEu.com cannot offer any additional compensation for the delay or provide free postage if such package is mailed to you later. If we send a package to the wrong address then we do everything to get the package to the correct customer. We will cover the cost of shipping and handling, but we will not compensate for delays or inconvenience. If we cannot get package to the correct person we will compensate for the content, our fees and postage. We process such claims in 30 days.
III.8. Termination
You agree that ShipToEu.com, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any content within the Services, for any reason, including, without limitation, for lack of use or if ShipToEu.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that ShipToEu.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. If you use the Site in violation of this Agreement, ShipToEu.com may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that ShipToEu.com shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If ShipToEu.com terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold ShipToEu.com harmless and your agreement that any claims you have against ShipToEu.com will be barred after one year from the date they accrue, will survive such termination.
You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement).
IV. Miscellaneous
IV.1. Indemnity
By choosing to use ShipToEu.com, you agree to indemnify ShipToEu.com, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to or arising out of:
1) content you choose to submit, post or transmit through ShipToEu.com;
2) your use of or connection to ShipToEu.com;
3) your violation of the User Agreement; or
4) your violation of any rights of another.
IV.2. Release
In the event that you have a dispute with one or more users (including merchants and service professionals) of ShipToEu.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge ShipToEu.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
IV.3. Liability Limits
ShipToEu.com and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with the Site or ShipToEu.com or its parent, subsidiary or affiliate companies, or our services or this Agreement. In no event will we or our suppliers be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
IV.4. Governing Law
You agree not take any legal action against us that relates to or arises out of any of our websites 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 your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at ShipToEu.com, or such other designee as ShipToEu.com may identify from time to time.
This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws.
IV.5. Entire Agreement
This Agreement, and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.
IV.6. Disclaimer of Warranties
ShipToEu.com and its services are provided “as is,” without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. ShipToEu.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on ShipToEu.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.
You agree not to hold ShipToEu.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on ShipToEu.com.
In addition, ShipToEu.com does not endorse, warrant or guarantee the products or services of any seller or service professional. Nothing on ShipToEu.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
IV.7. Assignment
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by ShipToEu.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
IV.8. No Agency
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances.
IV.9. Force Majeure
We shall be excused for any problem caused by a factor beyond our control.
IV.10. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
IV.11. No Waiver
Any waiver of any provision of this Agreement will be effective only if in writing and signed by ShipToEu.com.
