BuyShipUSA reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Customer's responsibility to review the BuyShipUSA Terms and Conditions periodically as continued use of BuyShipUSA's services will constitute the Customer's acceptance of any revised terms and conditions. If the Customer disagrees with any modification(s) made to these Terms and Conditions, the Customer’s only recourse is to cease using the services of BuyShipUSA.
BuyShipUSA prohibits any illegal activity by its Customers. Any charges incurred, for legal advice or otherwise, by BuyShipUSA in connection with the enforcement of the law against a Customer or a potential Customer will be the financial responsibility of the Customer or the potential Customer. See Indemnification section below for further details.
The Customer’s account is activated the day the Customer's application is received and approved by BuyShipUSA. BuyShipUSA cannot arrange for any shipments until all required documentation is received.
The Customer represents and warrants that he or 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.
BuyShipUSA is an e-commerce logistics company specializing in providing customers with a physical United States ship to address, where the items are received, cataloged and then shipped to the customers’ international address on file.
The service provided by BuyShipUSA includes the following: receiving of parcels, packages and freight on behalf of the customer. Included in our service is the processing and classification of the package(s), issuing of export documentation, international shipping, custom clearance, and home or business delivery.
All shipments are subject to be charged by dimensional weight when it exceeds the physical weight. The following is the formula which is used to calculate the dimensional weight (the higher weight will be applied) of a box.
[Length x Width x Height (in inches)] divided by 166 = the dimensional weight of the box.
Customer’s credit cards are billed in U.S. Dollars. The unit of weight used is US pounds (lbs). The conversion rate used from pounds to kilograms is: 1 lb = 0.4536 kg
In case of damage or loss, BuyShipUSA insures all shipments at no additional cost up to a maximum of $100 USD. The customer has the option of purchasing additional insurance at our published rate.
The rates listed on our webpage are subject to change without prior notice. BuyShipUSA will do its best to communicate any changes in these rates to our customers.
BuyShipUSA LLC, is the provider of the BuyShipUSA service and is responsible for its quality. Any complaints can be directed to the provider by submitting a customer support ticket or by contacting us at firstname.lastname@example.org.
BuyShipUSA, LLC assumes no responsibility regarding the quality, brand, or any other aspect of the merchandise or services purchased or received by the customer to be transported through the service. Any complaints or disputes should be settled directly with the vendor or the commercial establishment from which the customer obtained the merchandise or service.
It is the sole responsibility of the customer to keep all information current, particularly credit card and delivery information. It is the customer’s obligation to notify BuyShipUSA of any changes to credit card or delivery information. Failure to keep the above information current may cause delays in delivery and/or additional costs in handling.
BuyShipUSA, LLC reserves the right to open and inspect all packages received on the customer’s behalf at its facility and to refuse service when and if it considers it necessary.
Five months after a shipment arrives at our warehouse, BuyShipUSA, Inc. reserves the right to dispose of it in the manner it sees fit. The Customer is responsible for any costs incurred in the return and/or disposal of packages.
For more information on costs associated with handling and transportation, refer to the pricing/rates on our web page. Freight costs are automatically charged to the customer’s credit card.
Shipments for delivery in regions or cities other than capital cities may incur additional costs.
Any charges made by BuyShipUSA for its service are independent of fees by banks, financial institutions or credit card providers charged for transactions made abroad.
Customer agrees to abide by the following guidelines when using this Website:
The Customer may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
The Customer may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
The Customer may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
The Customer may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
The Customer may 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.
The Customer may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
The Customer may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
The Customer may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that the Customer know, or reasonably should know, cannot be legally distributed in such manner.
The Customer may not access or attempt to access BuyShipUSA'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 Customer are not authorized to access.
The Customer may 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.
The Customer may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
The Customer may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
The Customer may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
The Customer may not use any device, software, or routine that interferes with the proper working of the Website.
The Customer may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
BuyShipUSA will provide the Customer with an account number and a suite at BuyShipUSA’s facility in the United States at which the Customer may choose to have merchandise delivered prior to export.
BuyShipUSA's services consist of acting as an agent of the Customer for consolidation and export purposes by receiving the Customer's merchandise, which will be sorted, packed, and consolidated. At the Customer's direction, BuyShipUSA arranges for export to the Customer's specified local address by an unaffiliated, third party service provider, which acts as the freight forwarder and/or carrier for the shipment. BuyShipUSA does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Customers). All packages received by BuyShipUSA will be opened by representatives of the company. Customers are responsible for all import obligations in the country to which all mail and packages will be sent. Customers also authorize BuyShipUSA 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.
Customers 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 BuyShipUSA Customer.
The Customer authorizes BuyShipUSA to charge his/her payment method for all services and/or account activity with BuyShipUSA. Such charges may include but are not limited to shipping and handling charges, return/reroute fees, storage charges, late charges, special documentation fees, special handling fees, address correction, delivery area surcharges, delivery reattempt, extended area surcharges, large package surcharge, package tracing, remote area surcharge, undeliverable shipments returns 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 account, and involuntary return or the discarding of any remaining merchandise.
If a Customer's payment method is by credit card, and if such Customer has an outstanding invoice or invoices, the Customer authorizes BuyShipUSA to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions.
Shipping costs are based on the weight and dimensions of the Customers shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
BuyShipUSA will allow active Customers to store their merchandise for up to 15 days at no charge. After 15 days, the Customer agrees to pay storage charges per box per month, consistent with BuyShipUSA's current schedule of fees
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
Insurance costs for shipments of merchandise are based on the insured value. The first $100 USD of insured value per shipment is free, thereafter additional insurance is charged at the current rate according to BuyShipUSA’s current rate schedule of fees. The insured value is subject to the terms and conditions of the particular 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 particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by BuyShipUSA. 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 BuyShipUSA 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 BuyShipUSA for damage or loss caused to any items before delivery to BuyShipUSA or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.
Either party may cancel the Agreement with written notice (via email, fax, letter, or, to the extent provided by the BuyShipUSA website, online).
The Customer, 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 BuyShipUSA by such Customer, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to BuyShipUSA and grants to BuyShipUSA 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 Customer to BuyShipUSA.
If a Customer's account charges become delinquent for more than thirty (30) days, BuyShipUSA 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, BuyShipUSA 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 Customer 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 Customer to BuyShipUSA 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 Customer or any other person notice or opportunity for a hearing on BuyShipUSA'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 BuyShipUSA 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. BuyShipUSA 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 Customer, which right or equity is hereby waived and released.
Title to any items that cannot be exported after arrival at the BuyShipUSA facility will be forfeited by the Customer. BuyShipUSA 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 Customer agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Customer prior to the time that the merchandise is received at the BuyShipUSA warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Customer bears the full costs and risks of moving the goods from the buyer's location to the BuyShipUSA warehouse.
Shipping charges for non-Customers or cancelled customers are twice the rate of the shipping charges listed on the BuyShipUSA website.
If a Customer's account charges become delinquent for more than 30 days, BuyShipUSA may, at its sole discretion, cancel the Customer's account, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Customer forfeits all claims to items abandoned in his/her account once the account is cancelled.
There is no fee for an Account. Charges to the Account are only for receiving, processing, shipping, and other shipping and handling related services.
Each package received by BuyShipUSA with an incomplete, incorrect, or old address that can be associated with a Customer will be assessed a charge consistent with BuyShipUSA's current schedule of fees. Customers should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Customer's unique account number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Customer will be returned to the Sender or discarded.
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 BuyShipUSA's current schedule of fees
The Customer's BuyShipUSA account number, address, and suite is to be used only for package receipt and consolidation purposes. The Customer will not represent that its BuyShipUSA suite 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 BuyShipUSA suite is the address of the Customer's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Customer's BuyShipUSA account.
The Customer is solely responsible for complying with any terms and conditions of sale that may beimposed by the seller of the merchandise. The Customer acknowledges that BuyShipUSA is not responsible for any action taken by the seller with respect to the Customer's order as a result of the seller's terms and conditions of sale.
The Customer also is responsible for informing the seller that any merchandise purchased and sent to BuyShipUSA'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 Customer to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Customer must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to BuyShipUSA by the seller.
The Customer 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 Customer'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 Customer 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 Customer 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 the Customer can and cannot have processed by BuyShipUSA is available on our Prohibited and Restricted Items page.
If the Customer are a reseller, the Customer agree to be bound by the following terms:
1. As a condition of the Customer’s Agreement with BuyShipUSA, the Customer agree to be bound by all terms and conditions of BuyShipUSA. The most recent version of the BuyShipUSA Terms & Conditions is available at www.BuyShipUSA.com. The BuyShipUSA Terms & Conditions are subject to change at any time.
2. The Customer shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of BuyShipUSA to any destination, end-user, or for any end-use prohibited by the laws of the United States. By completing the BuyShipUSA account signup process, accepting the activation of the Customer BuyShipUSA account, and using the BuyShipUSA service, the Customer agree that the Customer will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses that the Customer add to the Customer account and customers to whom the Customer resell do not appear on a U.S. Government denied party list.
3. The Customer recognize that products consolidated and exported using the services of BuyShipUSA 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
• Made by a U.S. company anywhere in the world
Thus, the products consolidated and exported using the services of BuyShipUSA from the United States are subject to the controls of the EAR.
We have attached links to pertinent government websites for the Customer’s convenience:
4. The Customer represent and warrant that the items the Customer purchase for resale will be sold or distributed by the Customer organization and that with respect to such items the Customer 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 the Customer 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. The Customer also will ensure that any person or name to which the Customer 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
5. The Customer also agrees that the Customer will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, the Customer certify that pursuant to Section 744.17 of the EAR, the Customer will not re-export items classified as 3A991.a.1 without an export license from BIS if the Customer 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/index.php/forms-documents/doc_download/944-740-supp-1).
6. The Customer agree that only items purchased from the United States will be routed through BuyShipUSA (i.e., the Customer will not knowingly purchase items from outside of the United States to be imported to the BuyShipUSA facility in the United States).
7. The Customer recognize that when purchasing merchandise, the Customer are responsible for notifying, and agree that the Customer will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that the Customer intend to export the merchandise purchased from the United States. The Customer agree to provide to BuyShipUSA 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).
8. The Customer acknowledge that the Customer will serve as the Importer of Record into the destination country for all transactions conducted using the services of BuyShipUSA. The Customer are responsible for complying with all import obligations or license requirements of the destination country.
To the extent that the Customer are a reseller and the ultimate purchasers (i.e., the Customer customers) are known to the Customer at the time the Customer export merchandise using the services of BuyShipUSA (e.g., the Customer transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:
"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, the Customer agree to be bound by the terms and conditions of the consolidator.”
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on the Customer destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of the Customer shipment.
CASH, MONEY and RELATED ITEMS
Credit cards and credit card readers
CIGARETTES AND RELATED PRODUCTS
For the safety of our staff and that of our carriers, we prohibited the shipment of sharp objects.
FOOD PRODUCTS and DIETARY SUPPLEMENTS
PRECIOUS METALS and STONES
PORNOGRAPHIC and OBSCENE MATERIALS
AMMUNITION AND ASSOCIATED PRODUCTS; BULLETS
OFFENSIVE WEAPONS, INCLUDING
IMITATION WEAPONS, INCLUDING
IRRADIATING APPARATUS AND RADIOACTIVE MATERIALS
EXPLOSIVES INCLUDING GUNPOWDER AND DYNAMITE
FIRECRACKERS AND FIREWORKS
CIGARETTE LIGHTERS, GAS LIGHTERS
HAIR REGROWTH PRODUCTS, E.G., ROGAINE
GOODS THAT ARE POTENTIALLY FLAMMABLE, INCLUDING
PESTICIDES AND FUNGICIDES
AUTOMOTIVE PRODUCTS, INCLUDING
MUNITIONS OF WAR
ANY PRODUCTS OR INTENDED FOR USE OR WHICH COULD BE USED IN CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, OR NUCLEAR PROLIFERATION
ANY ITEMS SPECIALLY DESIGNED, MODIFIED, ADAPTED OR CONFIGURED FOR MILITARY USE AND ANY "DUAL USE" ITEMS (THOSE WITH BOTH COMMERCIAL AND MILITARY/POLICE USES) INCLUDING BUT NOT LIMITED TO:
ANY OTHER GOODS SUBJECT TO GOVERNMENT EXPORT RESTRICTIONS OR REQUIRING AN EXPORT LICENSE
ITEMS DESTINED FOR COUNTRIES SUBJECT TO U.S. OR INTERNATIONAL EMBARGOES
ITEMS ADDRESSED TO U.S. OR INTERNATIONAL LISTS OF PROHIBITED PERSONS AND ENTITIES
The Customer 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 Customer. The Customer 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 Customer's shipment may be carried. Customer also understands that BuyShipUSA is not responsible for the loss of any software and/or data.
The Customer acknowledges that BuyShipUSA 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 BuyShipUSA. The Customer also acknowledges that BuyShipUSA does not allow for the use of exemptions under the ITAR. Additional information about the items that the Customer can and cannot have processed by BuyShipUSA is available on our Prohibited and Restricted Items page.
The Customer is responsible for confirming that prohibited items listed in the BuyShipUSA Prohibited and Restricted Item page are not sent to BuyShipUSA. BuyShipUSA 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.
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
BuyShipUSA will not provide services to any of the following countries/regions:
BuyShipUSA 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. BuyShipUSA reserves the right to update this list at any time to reflect current law and regulations. BuyShipUSA 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 Customer 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 Customer is believed potentially to be a Prohibited Person or requests that BuyShipUSA arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, BuyShipUSA may ask the Customer to provide documentation to show that the Customer 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 Customer and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of BuyShipUSA, BuyShipUSA reserves the right to remove the shipping address of such potential Prohibited Persons from the Customer's account or to cancel the Customer's account, BuyShipUSA also reserves the right to request a signed Statement of Assurance from the Customer stating that the Customer understands his or her obligations under U.S. export law and that the Customer will conduct screening to ensure that the Customer does not export to Prohibited Persons using the services of BuyShipUSA or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow the Customer to look up the name of Prohibited Persons, please see the OFAC website.
D. Compliance with the Foreign Trade Regulations
BuyShipUSA 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 Customer and the U.S. seller.
The Customer 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 Customer. The Customer agrees to provide to BuyShipUSA 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).
If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Customer is responsible for providing BuyShipUSA with the true and accurate price that the Customer paid for the merchandise, if the Customer purchased it. In all circumstances, the Customer represents and certifies that any value provided to BuyShipUSA is true and accurate. BuyShipUSA reserves the right to periodically review values and may request additional documentation to support the values entered by the Customer. The Customer 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
BuyShipUSA uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, BUYSHIPUSA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY THE CUSTOMER OR BY THIRD PARTIES. If the Customer believes there has been fraudulent activity with respect to the account, the Customer must contact BuyShipUSA immediately, and BuyShipUSA will cancel such account.
The Customer may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. The Customer represent, warrant, and covenant that all information the Customer provides to BuyShipUSA 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. The Customer is solely liable for such information and for maintaining all records as required under law. The Customer 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 BUYSHIPUSA AS CUSTOMER'S AGENT
The Customer grants BuyShipUSA a written authorization to act on the Customer’s behalf as the Customer’s true and lawful agent for the following specific purposes:
If an EEI (for which a charge consistent with BuyShipUSA's current schedule of fees will apply) is required for goods originating within the United States, BuyShipUSA will file the required export information on behalf of the Customer as its agent pursuant to this section. If the Customer or the USPPI fails to provide all of the information needed to accurately file an EEI, BuyShipUSA will decline to process the merchandise for export. BuyShipUSA 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 Customer is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Customer also acknowledges that under such circumstances, BuyShipUSA will not reimburse the Customer for the value of the merchandise.
The Customer 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 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Customer by the U.S. government for making false or fraudulent statements with respect to this information.
BuyShipUSA assumes no responsibility to act as a record-keeper or record-keeping agent for either the Customer or the USPPI. The Customer is responsible for supplying BuyShipUSA 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). The Customer 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 or eBay.
The Customer agrees that he/she will remain liable for and indemnify, defend, and hold harmless BuyShipUSA 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:
The Customer acknowledges that the foregoing provisions are a material inducement for BuyShipUSA 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 the Customer’s 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
The Customer agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between the Customer and BuyShipUSA as a result of this Agreement or the Customer’s use of this Website.
VIII. DIRECT EXPORT TRANSACTIONS (i.e., non-routed exports)
For Customers acting as the U.S. Principal Party in Interest:
IX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Customer and BuyShipUSA with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and BuyShipUSA with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
X. 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 Virginia. 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
For your convenience, refer to the following U.S. Government websites for additional information:
The customer 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. For additional information on products that are prohibited or restricted from importation into your country, for your convenience refer to the UPS Import/Export country regulations tool.