SKYSHOP USA AGREEMENT FOR SERVICES AND GENERAL OBLIGATIONS 1 SERVICES IN GENERAL: This agreement is entered into by and between Expedited Global

Transcription

1 SKYSHOP USA AGREEMENT FOR SERVICES AND GENERAL OBLIGATIONS 1 SERVICES IN GENERAL: This agreement is entered into by and between Expedited Global Group, LLC dba SkyShop USA, (hereinafter referred to as "SkyShop USA") and You (hereinafter referred to as "Customer"). SkyShop USA will provide the Customer with a physical address (the "Member I.D."), which will be assigned for his/her exclusive use in the city of Miami, State of Florida, USA, the place where this agreement is made. The SkyShop USA service consists of the receipt of mail and/or merchandise, inspect all the shipments, consolidation, forwarding and air shipment all the way from Miami, Florida, USA, to the home country of the Customer, including the local delivery to the address as identified in the "Registration Page" or any other address assigned by the customer, or pick up by customer at the local counter in the country, also authorize SkyShop USA all actions required for customs clearance. The Customer will inform SkyShop USA in writing (electronically) the exact address where the mail and/or merchandise should be delivered to, in the "Registration Page." SkyShop USA offers its Customers the option to reject unsolicited mail ("junk mail" and/or shopping catalogs). Notwithstanding, in spite of our best efforts, we cannot assure that all unsolicited mail pieces will be really removed by sorting process. Therefore, SkyShop USA cannot be deemed responsible for costs involved with unsolicited mail. 2 PAYMENT AND COSTS: The Customer hereby authorizes SkyShop USA to charge his/her in the country previous package arrive to the country for the expenses incurred by the services: a) The annual membership is free b) Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by SkyShop USA. c) Import taxes and other taxes; d) Expenses with local shipment to destination; e) Insurance costs (the cost of insurance will be automatically included in the total Customer costs per shipment, except contrary mention by the Customer in the moment of a specific shipment). SkyShop USA offers damage and loss coverage to the objects and merchandise stored by and under control of SkyShop USA, limited to US $100 or equivalent in the local currency of the Customer's home country. The SkyShop USA responsibility is limited to its obligations for handling the packages in Miami, Florida, for the procurement of products for the Customer in Miami, Florida, and for the courier services to the local destination, except when there is any applicable law or treaty. The Customer acknowledges and accepts that insurance policies taken out by SkyShop USA will have limited coverage of as much as US $100. The Customer becomes responsible for taking out insurance to cover values in excess of US $100. In addition, the Customer shall be responsible for learning about non insurable products; if any questions arise concerning product insurance, please, refer to our Customer Services. In case SkyShop USA is not able to receive an approval from the credit card operator and the Customer has not provided another valid credit card, the package shall be stored FREE for

2 10 calendar days. Over 10 calendar days will be a charge of $0.05 per pound with a minimum daily storage fee of US$1.50. We will be responsible for custody of the shipment, after which the package will be considered abandoned and shall become the property of SkyShop USA and might be scrapped or returned to the seller after thirty (30) days from its arrival to our warehouse in Miami, FL. f) SkyShop USA will charge the Customer the expenses with freight, customs rights, handling and shipment, as well as possible commission costs if applicable, upon arrival of the merchandise or material to the assigned member I.D.. The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer. SkyShop USA shall not be deemed responsible for possible delays caused by expired, denied or void credit cards. Even though the assignment of a Member I.D. is made upon the registration, it will only become available to the Customer after the final registration approval. g) Used goods and products purchased at auctions: SkyShop USA is not responsible for the proper operation of used products or those bought at auctions. In the event that such products are lost, SkyShop USA will only be liable for the reimbursement of the amount indicated on the invoice. SkyShop USA is not responsible for buying the same used product or replacing the lost product with a new one. 3 DOCUMENTS OF CHARGES AND COSTS: SkyShop USA will make available to the Customer all documentation regarding charges and costs (fees and import taxes) which are the subject of payments. 4 PERMIT AND AUTHORIZATION: The Customer grants SkyShop USA unrestricted power to accept mail, documents, merchandise or any other parcel addressed to the Customer. The Customer grants permission and authorization for SkyShop USA to perform the necessary procedures, such as filling out postal or customs forms with the purpose to forward the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer is committed to fill out or sign any document which becomes necessary to update or enhance said power. The Customer hereby states that SkyShop USA shall not be deemed responsible for any claims against SkyShop USA for the reception, handling, consolidation and/or shipment of mail, except for cases in which SkyShop USA has acted in fraudulent or seriously neglectful way. 5 CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION: a) RESPONSIBILITY: (i) The Customer shall become responsible for all law infringements. The Customer hereby commits to accept the postal laws of his/her own home country and of the United States of America (USA) and of the European Community. The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by local customs authorities in the country of destination. The Customer is the sole responsible for getting acquainted with all rules and restrictions before ordering shipments through SkyShop USA. SkyShop USA shall not be

3 deemed responsible for merchandise loss due to customs seizure. (ii) The Customer shall become solely responsible for any law infringement incurred through the use of the SkyShop USA service. SkyShop USA reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to SkyShop USA. Some kinds of merchandise may require an export license. The Customer is the responsible for providing and submitting to SkyShop USA all required documents for such licensing. In case SkyShop USA would not receive the documents and the license required to proceed with a given shipment, SkyShop USA shall notify the Customer to provide them within five (7) days. In case the missing documents are not supplied within the due lead time, the goods will be retained and stored for 30 days. After 30 days, if no required documentation and/or information are provided, the merchandise will be subject to the procedure as set forth in Clause 2 herein. (iii) In addition, the Customer hereby authorizes SkyShop USA to inspect, open and repack every package which it will come to handle as part of this Agreement, and SkyShop USA shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the US law. b) FREIGHT COSTS: The charges are based on the actual weight of the mail or merchandise except for: The weight/volume rate rule will apply to some articles whose actual weight in pounds / LB. is lower than the volume (length x width x height) in cubic inches divided by one hundred and sixty six (166) and with measurements equal to or greater than 10 inches on either of its sides. 6 IMPORT TAXES AND OTHER TAXES: The Customer shall be responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package at the country of destination. SkyShop USA will provide all required procedures for the customs clearance of the products coming from the Customer s Member I.D., and will charge the Customer s in cash or corporate check or, at its sole discretion, will submit a bill for the Customer to pay locally. 7 DELIVERY SERVICE TO DESTINATION: SkyShop USA will receive, inspect every single purchase (package) and forward to the Customer local address the products or documents shipped to his/her Member I.D. in Miami. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by SkyShop USA or our authorized agent in our web page, as set forth in Clause 2 herein. In case the merchandise would arrive at the SkyShop USA warehouse in Miami without an accompanying invoice, SkyShop USA will request it from the Customer; in case the Customer fails to provide it by or other means within 72 hours after the SkyShop USA notification, SkyShop USA will issue a pro forma invoice based on the value as established by the seller itself or a similar store, and will proceed with the shipment with such a pro forma invoice. The Customer shall become responsible for indemnifying SkyShop USA for any losses or damages it might suffer resulting from the issuance of said invoice, including court and legal fees, even if the pro forma invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise.

4 8 OTHER SERVICES: Subject to the provisions as set forth in Clause 2 herein, the Customer is entitled to pick up his/her goods in Miami, upon previous notice to our Customer Services, by visiting our warehouse at 3533 NW 82ND AVE, DORAL, FL The cost for this service is US $25.00, In and Out Warehouse. In addition, at his/her own discretion, the Customer may require SkyShop USA to ship the products to other address upon prior written notice. The Customer will be charged the regular freight costs plus an administrative cost of US $ The Customer may also require SkyShop USA to return the merchandise to the seller in the USA. In that case, the Customer will also be charged the applicable freight costs plus an administrative cost of US $ RECEIPT AND DELIVERY GUARANTEE: The shipments as mentioned herein shall be performed within an average lead time of 4 7 working days from their arrival date in Miami, Florida, USA, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the payments methods is valid. SkyShop USA shall not be deemed responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airliners, customs or documentation. SkyShop USA will try to deliver the merchandise to the final destination as determined by the Customer as many as two (2) two times. After the second unsuccessful try, the product will be retained at our local facilities for a period of 30 days. After that time length, the package will be considered as abandoned and will become the property of SkyShop USA and may be scrapped. 10 DENIAL OF RESPONSIBILITY FOR THE PRODUCTS: SkyShop USA shall neither be deemed responsible for the products which are offered by US retailers through catalogs, nor for possible delays in their shipment to the assigned postal address. SkyShop USA will ship the products which are received at the assigned address on behalf of the Customer all the way to the address as informed by the Customer in the "Registration Page," therefore providing solely the service of courier. 11 RESPONSIBILITY FOR AIR TRANSPORTATION: SkyShop USA shall neither be deemed responsible for the products which are offered by US or European Community retailers, nor for possible delays in their shipment to the assigned Member I.D. SkyShop USA will ship the products which are received at the assigned address on behalf of the Customer all the way to the address as informed by the Customer in the "Registration Page," therefore providing solely the service of courier. 12 INDEMNITY: The Customer agrees to indemnify and hold SkyShop USA harmless, in case of any claim, loss, fine, tax or complaint for damages, brought by a third party against SkyShop USA as a result of the shipment to the customer, so that SkyShop USA will be held harmless. 13 ALTERATIONS IN CHARGES/COSTS: The listed charges are subject to change without prior notice.

5 14 TERM: Except in case this Agreement is terminated before its effective date as set forth in Clause 15 herein, this Agreement shall remain valid for one year from the date of registration, and will be automatically renewed thereafter, unless the Customer notifies SkyShop USA its contrary intention in writing (or electronically). 15 TERMINATION: This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means of written or electronic notice thirty (30) days in advance. 16 COMPETENCE: This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of the Miami Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which cannot be reconciled, they shall be settled by arbitrators named by the Customer and SkyShop USA. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code. 17 NOTICE: The service cancellations notices shall be made solely by means of the web page (contact us and send the proper notification). In case you wish to submit any other document, notice, comment, suggestion, you can also use the website (section contact us ); for other purposes the SkyShop USA address is: SkyShop USA ATTN: Customer Services 3533 NW 82ND AVE, DORAL, FL United states of America Phone: (305)