Terms of Services

TERMS AND CONDITIONS

Submission of a membership application shall be deemed to be acknowledgement that the terms and conditions set forth below have been read and accepted.  Membership shall commence upon the receipt and acceptance of a completed membership application including all required documentation.  Shipments will not be arranged until you are an active member (“Member”).

Each Member represents and warrants that they are responsible for complying with all known import/export laws and regulations as they relate to any shipments sent or received by The Shop Ship, LLC (“TSS” or “Website”).  Detailed information for your county can be found here:  country-specific page.

By submitting a completed membership application and becoming a Member, each Member agrees that TSS shall be authorized to charge amounts due against the payment method the Member has on file.

TSS has a zero-tolerance policy against illegal activity by its Members.  In the event TSS suspects illegal activity, or activity in violation of any law or regulation, TSS will (and Member agrees) charge Member’s payment method for any legal fees incurred by TSS in any way related to the enforcement of a law or regulation against the Member.  More information regarding this policy can be found in the Indemnification Section, below.

TSS 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 TSS Terms and Conditions periodically as continued use of the Website will constitute the Member’s acceptance of any revised terms and conditions. If a Member disagrees with any modification made to these Terms and Conditions, the Members should immediately cease utilizing TSS and the Website and cancel the Member’s account.

 

1. PRIVACY NOTICE AND PRIVACY POLICY

TSS shall hold all Member’s personal information, such as name, address, email address, telephone numbers, account, credit and other financial information that is not otherwise publicly available, in confidence (“Personal Information”).  Personal Information shall only be used in the rendition of services that a Members requests or in accordance with any legal or contractual obligation of TSS.  Members consent to the disclosure of Personal Information to third party service providers to the extent necessary for TSS to render services.  Please Note:  Personal Information and TSS’ data protection may not be adequate under rules and regulations of your home country.  TSS is committed to ensure the privacy of Members’ Personal Information.  TSS does not sell, rent, or loan our email lists to outside firms.

TSS may also disclose Personal Information to governmental and regulatory authorities or in any court or administrative proceeding in response to subpoenas, law enforcement requests, court orders or legal process or to establish, exercise our legal rights or defend against legal claims or enquiries or investigations.  TSS also may provide information about you if TSS believes it is necessary to investigate, prevent or act regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law. At its discretion, TSS may share information with law enforcement or government officials for any reason.

TSS may passively collect non-personally identifiable information (“Non-Personal Information”) about Members utilizing Internet technology tools, such as Google. Non-Personal Information means information that does not permit TSS to specifically identify Members by full name or similar unique identifying information such as Member’s address or telephone number. TSS may use third party service providers to assist us in collecting and analyzing this non-personally identifiable information.

TSS implements security measures to protect against unauthorized access, alteration, disclosure, or destruction of Members’ Personal Information. However, due to the nature of the Internet and on-line communications TSS cannot guarantee that information transmitted via the Internet will remain confidential.  TSS disclaims any liability for the illegal acts of third parties such as criminal hackers.

TSS is committed to remain in compliance with the Children’s Online Privacy Protection Act (COPPA). TSS does not knowingly collect personally identifiable information from children under the age of 13. If a child under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us at the contact information listed below, and we will remove the information. No information should be submitted to TSS or the Website by users under the age of 13.

Members’ Personal Information will be retained subject to our reasonable business or legal requirements to retain your personal information.

TSS reserves the right to modify its privacy policy at any time and without prior notice.  All changes are effective immediately once posted on the Website.  TSS shall notify Members of substantial changes by conspicuously posting the changes on the Website, including the date the policy is effective.

2. USER GUIDELINES

Members agree to adhere to the following guidelines when using the Website:

  1. Members shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Members shall not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
  3. Members shall not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents
  4. Members shall not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer
  5. Members shall not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded
  6. Members shall not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
  7. Members shall not conduct or forward surveys, contests, chain letters, or commercial solicitations
  8. Members shall not download any material or information published, posted, distributed, disseminated, or uploaded by another user that the Members knows, or reasonably should know, cannot be legally distributed in such manner.
  9. Members shall not provide personal information of others without their express permission.
  10. Members shall not provide personal information of individuals under the age of 13.
  11. Members shall not access or attempt to access TSS’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that the Member is not authorized to access.
  12. Member shall not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.

3. TERMS OF SERVICE

TSS will provide the Member with a suite number at The Shop Ship facility in the United States at which the Member can have mail and/or merchandise delivered prior to export.

The Member’s suite number is to be used only for package consolidation purposes. The Member will not represent that the TSS 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 the TSS 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.

TSS, as an agent of the Member, will receive the Member’s merchandise, sort, and package it for export.  TSS will arrange for with a third-party freight forwarder.  TSS is not a shipper, but rather acts on behalf of the Member.  All merchandise received by TSS shall be opened only by TSS employees for examination, sorting and consolidation.

Members shall have a payment method on file with TSS.  Member hereby authorizes TSS to charge against this payment method for all services and fees incurred in the providing of services to Member, in any manner determined at the sole discretion of TSS.

Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged per the actual weight or dimensional weight, whichever is greater.

Insurance costs for shipments are based on the insured value. Each US $100 of insured value costs US $2. The insured value is subject to the terms and conditions of the carrier’s airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value.

Claims for lost or damaged merchandise must be filed within the published time limits of the carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by TSS. 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 TSS 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 TSS for damage or loss caused to any items before delivery to TSS or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.

Members agree and acknowledges that they shall purchase 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 TSS 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 TSS warehouse.

The Member is responsible for informing the seller that any merchandise purchased and sent to TSS’ facility ultimately will be exported out of the United States.  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 TSS by the seller.

The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by any seller of merchandise. The Member acknowledges that TSS is not responsible for any action taken by the seller with respect to the Member’s order resulting from the seller’s terms and conditions of sale.

Each package received by TSS with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with TSS’ current schedule of fees. Members should ensure that all sellers mark all packages with the complete and accurate address, including the Member’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.

TSS will allow active Bronze, Silver & Gold Members to store their merchandise for up to 5, 50 & 60 days respectively at no charge. After 5 days for Bronze Members, 40 days for Silver Members and 60 days for Gold Members, the Member agrees to pay storage charges per box per day, consistent with TSS’s current schedule of fees.

Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or cancelled customers are twice the rate of the shipping charges listed on the Website.

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 at the sole discretion of TSS.  Member expressly acknowledges and consents to any action taken with respect to prohibited or restricted merchandise.

Membership may be cancelled by either party upon written notice.  Upon cancellation, Members will receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Gold Membership listed in TSS’s current schedule of fees. Refunds will be processed within ten (10) business days of cancellation.

Each Member mortgages, pledges and hypothecates to TSS a lien on and security interest in all of Members right, title and interest in all merchandise received or obtained by TSS as collateral for payment of any amounts due to TSS.

All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with TSS’ current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with TSS’s current schedule of fees, for each 15 day period that an order remains past due.  If a Member’s account charges are past due for more than thirty (30) days (or more than fifteen days (15) of a Personal Shopper Order), TSS may exercise, in addition to all other rights and remedies granted to it in these terms and conditions, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.  In addition, TSS may, in 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 their mailbox once the membership is cancelled.

Title to any items that cannot be exported, for any reason, after arrival at the TSS facility will be forfeited by the Member. TSS will have the option of returning all such forfeited merchandise 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.

4. COMPLIANCE WITH LAWS

The Member acknowledges that they have a duty to, and is solely liable for, accurately providing all information required by United States’ laws and regulations, including information required by Title 15, Code of Federal Regulations, Part 30 (“FTR”), and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the United States Government for making false or fraudulent statements with respect to this information.

TSS assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the United States Principal Party in Interest (“USPPI”). The Member is responsible to supply TSS 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 FTR. The Member 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.

Member is solely responsible for and warrants their 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 all applicable import and export obligations and license requirements, including those of the United States Department of Commerce, United States Department of State, United States Customs and Border Protection, United States Department of Treasury, and all import obligations or license requirements of the destination country.

Member represents and warrants that all their 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 Controls 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. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq., “ITAR”), the Export Administration Regulations (15 C.F.R. 730 et. seq., “EAR”), 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 United States Department of Justice (collectively “Export, Import, and Economic Sanctions Laws”).

Member represents and warrants that (1) the recipient of any items consolidated by TSS 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 TSS with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by TSS 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 TSS, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. TSS 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 TSS.

The following list is an example of restricted items that 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.  These items include, but are not limited to:

  1. Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
  2. Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
  3. Hazardous materials (matches, chemicals, explosives)
  4. 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
  5. Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
  6. Coffee (restricted to some destinations)
  7. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through TSS may not be returned to or resold in the United States.
  8. Animals and products made with animal skin (furs)
  9. Alcohol (TSS 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)
  10. 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
  11. Lottery tickets and gambling devices
  12. Prescription and/or veterinary medication
  13. Pornography
  14. Lock picking devices
  15. 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.

Member acknowledges and agrees that they are solely responsible for any software and/or data residing on used computer equipment or other electronic storage device.  Member is solely responsible for and warrants their 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 agrees and acknowledges that TSS is not responsible for the loss of any software and/or data.

The Member acknowledges that TSS 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 TSS. The Member also acknowledges that TSS does not allow for the use of exemptions under the ITAR.

TSS will not provide services to: (1) Cuba; (2) Iran; (3) Myanmar; (4) North Korea; (5) Sudan; or (6) Syria.  Member agrees that this list is subject to change without notice in compliance with the laws of the United States.

TSS 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 United States State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the United States Department of the Treasury’s Office of Foreign Assets Control. TSS will also 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 United States 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; (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 a Member is believed potentially to be a Prohibited Person or requests that TheShopShip.com arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, TSS 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. Any request shall be promptly provided by the Member.  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 TSS, TSS 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.  TSS 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 TSS or its third-party 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.

TSS takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the FTR, relying on the information provided by the Member and the United States seller.

TSS will use commercially reasonable best efforts to prevent any fraudulent use of the its services. TSS works diligently to prevent credit card fraud, including cancelling any Member accounts engaged in such activity. TSS also prohibits use of its service for multi-level marketing, pyramid schemes, receiving checks and/money orders, and other business practices easily subject to abuse.

5. APPOINTMENT OF TSS AS MEMBER’S AGENT

The use of the Website by a Member shall be deemed as the Member appointing TSS as the Member’s agent to act for Member regarding the preparation of:

  1. Shipping documents;
  2. Certificates of Origins;
  3. Electronic Export Information (“EEI”) via Automated Export System (“AES”);
  4. Airway bill or any other document requited to import or export to or for a Member.

In the event an EEI is required for goods manufactured and originating within the United States, TSS will file the required information on behalf of the Member as its agent pursuant to this section. If the Member or the USPPI fails to provide all the information needed to accurately file an EEI, TSS will decline to process the merchandise for export.

TSS reserves the right to determine the accuracy of any information. 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, TSS will not reimburse the Member for the value of the merchandise.

6. INDEMNIFICATION

Members agree that they will remain liable for and indemnify, defend, and hold harmless TSS and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date the Member has an active account, 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 use of the Website including, but not limited to, the following:

  1. Negligence on behalf of Members or any of the Member’s employees, contractors, agents or any other person acting under Member’s supervision or control.
  2. Misrepresentation or breach of warranty by Member or any of the Member’s employees, contractors, agents or any other person acting under Member’s supervision or control.
  3. Incomplete or false information provided by Member or any of the Member’s employees, contractors, agents or any other person acting under Member’s supervision or control.
  4. Member’s failure to comply with applicable laws and regulations regarding import/export of the United States and/or their home country.
  5. TSS’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 TSS.

Members acknowledges that the foregoing provisions are a material inducement for TSS to provide services to a Member.

7. SEVERABILITY

If any part of the Terms and Conditions 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.

8. NO LEGAL RELATIONSHIP

Members agree that except for those terms and conditions set forth above, no joint venture, partnership, employment, or agency relationship is created between a Members and TSS as a result from the Members use of the Website

9. ENTIRE AGREEMENT

These terms and conditions constitutes the entire agreement between Members and TSS with respect to this Website. These terms and conditions supersede all prior communications, whether electronic, oral, or written, between a Member and TSS with respect to this Website. Any alleged waiver by TSS for a Members breach of any term or condition shall not be deemed to be a waiver of any future breach.

10. CONFLICT OF LAWS

These terms and conditions and all disputes concerning them shall be governed by the applicable law and the applicable regulations of the Federal law of the United States and by the laws of the State of Texas, where applicable, without applying conflict of law principles that would result in applying any state law or state regulation other than those of the State of Texas.  Members hereby consent and submit to the exclusive jurisdiction and the exclusive venue of the United States Courts in Harris County, Texas.  Members waive all claims that such jurisdiction and venue is improper or inconvenient. Members also waive the right to a jury trial.  Any prevailing party shall recover from the other party the prevailing party’s costs and expenses, including the prevailing party’s attorneys, experts and consultants’ fees. 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.