1.1. Contractor: “Usapostline” is a legal entity created in accordance with the laws of the United States and acting in accordance with the laws of the United States in the provision of services to individuals in the form of the organization of express transportation of goods purchased on the internet to Clients. The collection and processing of personal data for the purpose of express delivery to the Russian Federation is made by Usapostline – “Cargo Group” LLC Registration number 77-17-007306, Order No. 226 dated 08/21/2017 of Roskomnadzor. “On Personal Data” which is an operator that processes personal data in accordance with paragraph 2 of Part 1 of Art. 18.1 of Federal Law No. 152-Ф3 of July 27, 2006
1.2. Client / User: any capable individual who has reached the age of 18 years, having passed the registration procedure on the Site by filling out a special registration form (by entering relevant information into it),who is using the Site in accordance with its main purpose, including for ordering services provided by the Contractor.
1.3. Express transportation: a set of operations, including forwarding and transportation of the parcel, as well as any other operations related to the actual movement of the parcel across the border with the subsequent transfer of such goods to the Client.
1.4. Site - identical in content sites located on the Internet under the domain name usapostline.com, as well as its subdomains.
1.5. Personal Account - a special virtual space on the Site allocated (provided) to the Client after registration, containing certain information about him, and necessary for using the Site in accordance with its main purpose.
1.6. Tracking number - a unique identification number assigned by the postal / courier service to the dispatch (parcel) in the delivery system of the postal / courier service.
1.7. Incoming Parcel is a postal / courier item ordered by the Client and received in his name at the Contractor’s warehouse from a seller located in the United States.
1.8. Outgoing parcel - a postal / courier item prepared at the Contractor’s warehouse for shipment to the Client in accordance with the applicable standards and restrictions in the country of the Client’s location.
1.9. Wallet - a section containing information about the Client’s payment account in the personal account section, to which payments from the Client are credited and debited from him to pay for the Contractor’s services. The Customer Account is maintained in US dollars.
1.10. Order - one or more things purchased by the Customer in the online store and sent from the store’s Internet to the Contractor’s warehouse in one box.
1.11. Consolidation - warehouse actions for combining two or more orders from several parcels into one parcel.
1.12. Special requests - fulfillment of the Client’s instructions regarding Incoming Parcels at the warehouse.
2.3. By concluding this Agreement, the user agrees to provide the Contractor with his data and personal data of the client's authorized representatives and agrees to their processing in accordance with the requirements of Federal Law No. 152-ФЗ. At the same time, the client guarantees the consent of the client's authorized representatives to provide and process their personal data within the framework of this agreement.
2.4. The user is obliged to carefully read these Terms of the agreement before using the Service. Starting to use any aspect of the Service, the Client thereby accepts the Terms, making the acceptance of this offer. If the User does not agree to the Terms in whole or in any part thereof, he cannot use the Service.
2.5. The services of the Site are intended exclusively for individuals and the purchase of goods for personal use; the purchase of goods through the Site for commercial use and for profit (resale, etc.) or for any other purpose than personal use is not allowed.
3. SUBJECT OF THE AGREEMENT
3.1. The Client makes an order, while a Contractor assumes obligations to provide services for the express transportation of the Client’s parcels, in turn the Client undertakes the obligation to pay for these services in the manner and on the terms of this Agreement in accordance with the Contractor's tariffs fixed in the Tariffs and Services section.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor is obligated to:
4.1.1. Provide a unique mailing address in the territory of the state of Delaware (USA) for receiving orders placed independently and paid by the client in online stores.
4.1.2. Accept and store Incoming Parcels in stock.
4.1.3. Notify the Client of the receipt of the parcel by sending a corresponding notification in the Personal Account and by sending a message to the email address indicated by the Client provided by the Client when registering on the site.
4.1.4. Consolidate packages according to customer preference. If the order or part of the order did not fit in the package, the order may be sent in another additional package. The weight of the parcel during the Consolidation process may change.
4.1.5. At the request of the Client, insure the Parcel in accordance with the conditions described in the Insurance section of this agreement.
4.1.6. To inform the Client in the Personal Account and by e-mail about the fact of the assembly of the outgoing parcel ready for shipment, indicating the weight and size of the collected Parcel.
4.1.7. Prepare the necessary documents for the provision of express transportation services to the Client.
4.1.8. Transfer the Parcel to the postal (courier) service for delivery to the User at the Client's Address.
4.1.9. Provide the Client with the Tracking Number of the shipped Parcel.
4.2. The Contractor undertakes the obligation to timely deposit to the Customer’s account the payments received for express transportation services.
4.3. Reimburse the cost of the goods according to the invoice of the store if the goods were lost in the Contractor’s warehouse and were not found within 15 calendar days from the start of the search.
4.4. In case of damage or loss of the contents of the uninsured package, pay a penalty in the amount of $ 10 US dollars for 1 kg of weight, but not more than 100% of the cost of express transportation, which the client paid for within 30 (thirty) days from the moment of confirmation of the fact of damage or loss of contents in the package.
4.5. The Contractor undertakes to maintain the confidentiality of data about the Client and will not disclose them to third parties if it is not required to fulfill the terms of this Agreement. Customer data can only be provided in cases provided for by the laws of the USA and Russia.
4.6. The Contractor is not responsible for incoming parcels not delivered to the Contractor’s warehouse.
4.7. The Contractor does not provide pickup services from the warehouse / from the seller in the United States.
4.8. The Contractor does not guarantee the reception and processing of letters (Inbox, which represent mail envelopes) that do not have a tracking number, and is not responsible for the safety of such letters.
4.9. The Contractor accepts the claim / complaint for consideration from the Client no later than the deadline 7 (seven) days from the date of delivery of the Parcel to the Client, unless agreed otherwise.
4.10. The Client agrees that the Contractor has the right to attract third parties without the consent of the Client to fulfill his obligations under this Agreement.
4.11. In case the Client refuses to send the parcel prior to the beginning of its consolidation, the Contractor processes the refusal request for free. If the Client refuses to send after the consolidation of the parcel, the Contractor's expenses are borne by the Client in the amount of $ 25 US dollars.
4.12. The Contractor has the right to refuse to provide services to the Client, or parts thereof, if the provided information about the Client is incorrect or the Contractor has good reason to believe that the information provided by the Client is incorrect, incomplete or inaccurate
4.13. The Contractor is not responsible for the loss, damage, loss of quality of goods, completeness, conformity of the article numbers, colors and sizes of the Order resulting from its delivery to the warehouse from the online store or from the warehouse to the Client.
4.14. The Contractor is not a parcel delivery service and does not directly transport the parcel. The Contractor assumes responsibility for the contents of the parcel from the moment it is sent from the Contractor’s warehouse until the moment the Customer receives it only when ordering the additional package insurance service.
4.15. The Contractor is not responsible for the costs associated with the re-export of the parcel, as well as for the timing of the return of the re-exported parcel.
4.16. In the event of an Insured Event, according to the “Insurance” section, credit the Insurance Indemnity to the Client’s Account.
4.17. The Contractor is not responsible for the accuracy and reliability of the Client's execution of Customs Declarations. In the event that taxes and (or) customs duties are charged, or the parcel is confiscated during the delivery of the Parcel to the Client's Address, the Client will not make any demands to the Contractor.
4.18. The Contractor has the right to refuse to provide services to the Client if the client does not send the package through the Contractor and does not use the site for its intended purpose.
4.19. The Contractor is entitled and may make the necessary adjustments to the Client’s declaration without any notice. If provided, the Client may entrust the completion of the declaration to the Contractor.
4.20. The Contractor reserves the right to change the cost of its services in relation to parcels larger than 100 cm in any parameters/dimensions, without taking into account the price indicated in the calculator of the Usapostline LLC service.
4.21. The Contractor does not carry out the return of goods from Russia to the USA, if such is the wish of the Client.
4.22. In the event of a refund for any performance by the Contractor, the refund may take from 15 to 30 business days.
4.23. The Contractor is not responsible for the delivery time of the parcel to the Client, as well as for the delivery time of the parcel from the Seller to the Contractor's warehouse.
4.24. Delivery times indicated on the website of the Contractor are approximate.
4.25. The Contractor reserves the right not to send parcels which were unpaid for before the day of dispatch.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The client independently pays for and places an order for the goods on the website of the online store, having previously assessed the quality, parameters and characteristics of the goods, independently solves the issues of cargo delivery to the Contractor’s warehouse in the USA.
5.2. When paying for goods in the online store, the Customer is obliged to use only credit and debit cards owned by the User, accounts in Paypal, Qiwi, bank accounts.
5.3. When placing an Order for sending a parcel in the Client’s personal account, the Client is obliged to provide full information about the product (s), quantity of goods, cost of goods, provide supporting documents, the Client is responsible for the accuracy of the data.
5.4. The Client is obliged to independently and timely monitor the receipt of information received from the Contractor in the Client’s personal account through the “Notification” service.
5.5. The customer is fully responsible for monitoring and checking the contents upon receipt of Incoming Parcels at the Contractor’s warehouse by reconciling tracking numbers and confirmations of sending to stores, as well as by filing special requests for reconciliation with an invoice and / or photographing attachments.
5.6. The Client is obliged to provide complementary documents, if the customs authorities require additional documents in order to confirm customs declarations for the import of goods or confirm the right of the Contractor (express carrier and customs representative) to carry out customs clearance. the Client undertakes to provide the required documents at his own expense.
5.7. The Client gives the Contractor the right to open the Client’s Inbox and work with its contents.
5.8. Claims regarding special requests may be made within 7 (seven) calendar days from the day following the day of the execution of such special request, but no later than the day the Outgoing parcel is formed.
5.9. In case of recognition of goods as a commercial batch, non-compliance with the terms of this Agreement and the assignment of customs payments by the customs authority, both during the customs declaration process and after its completion, the Client is obliged to pay all customs payments, penalties and fines due by the deadlines established by the legislation of the country of the Client.
5.10. Upon the occurrence of an Insured Event, notify about it within the Contractor’s established rules and terms and provide the necessary information and documents described in Section 10. Insurance
5.11. The Client undertakes to fully compensate the Contractor for all the expenses in the event of a violation of customs rules, criminal offense or other action committed through and/or by the fault of the Client and causing material damage to the Contractor, within (30) thirty days after the Contractor makes a request to the Client. As part of the compensation for damages, the Client is obliged to, without dispute, at the first request,to pay the full fines that result in the Contractor being held liable, these also include penalties for customs payments arising from the customs clearance of the Client’s goods, legal advice costs and other expenses directly arising of the committed unlawful actions specified in this Agreement.
5.12. The Client agrees that in case of accrual of customs duties, taxes, fees and other payments that may arise in the country of destination, to bear the payment for all such expenses, unless otherwise specified.
5.13. The Client agrees not to involve the Contractor in legal proceedings related to any conflict situations (without restrictions) with the store (seller), postal service, payment systems and so on.
5.14. The activation of the “SMS-Service” service by transmitting to the Contractor the mobile phone numbers of the Client’s authorized representatives and receiving SMS messages about operations carried out by the Client is done within the framework of the agreement concluded with the Contractor.
5.15. Upon registration, the Client gives his consent to receive Email and SMS-messages of informational and advertising nature from the Contractor to the mobile phone number indicated by the Client.
5.16. The client can refuse to receive Email and SMS messages by disabling the corresponding item in the "Parameters" section after registration or at any other time. The client can also again agree to receive SMS messages at any time.
5.17. The Client is obliged, upon the Contractor's first request, to provide the written data subject’s consent to the provision and processing of his personal data under this Agreement and the receipt of Email and SMS messages.
6. SERVICES and RATES
6.1. The determining of the costs of the Contractor's services, due to the impossibility of preliminary determination of the weight, volume, dimensions and other sizes of the Parcels, formed using the Calculator on the Site are indicative and are for reference only and do not have an offer validity.
6.2. The Client pays for the Contractor's Services in accordance with the current tariff on the website specified in the Services and Tariffs section. The Contractor reserves the right to change existing prices without prior notice. Changes in the cost begin to apply from the moment of making changes on the Services and Rates page.
6.3. The cost of express transportation is determined from the total weight of the parcels, taking into account the real and dimensional weights. If the dimensional weight exceeds the real weight, the shipping cost will be determined by taking into account the dimensional weight of the parcel.
6.4. The final cost of the service for express transportation to be debited from the Client’s account is carried out by replenishing the balance in the Client’s Personal Account based on the account from the Contractor in the Wallet section.
6.5. Replenishment of the balance in the Client’s Personal Account is possible with Visa and MasterCard credit cards. In exceptional cases, with the approval of the Contractor, replenishment of the balance in the Personal Account is possible by payments through PayPal.
7. GOODS UNACCEPTABLE FOR TRANSPORTATION
7.1. The Client agrees that the Cargo is unacceptable for transportation if: - it belongs to the category of hazardous materials or cargo and it is prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization) or government bodies and other competent organizations.
7.2. The Contractor informs that it does not transport goods prohibited for import into the Russian Federation.
7.3. The Client agrees that in the event of the receipt of the prohibited goods / goods to the Customer’s address at the Contractor’s warehouse in the USA, after the Contractor has submitted a request by notification to the Customer’s email address within 30 calendar days, the Customer agrees independently and at his own expense to agree with the seller of the goods to return the prohibited goods back to the online store or to another address. Upon expiration of (30) thirty calendar days, the Contractor has the right to dispose of the goods without further notice to the Client.
8. DELIVERY TERMS AND CONDITIONS
8.1. The term of free storage of the Incoming parcel at the Contractor’s warehouse is 45 (forty five) days. For storing a parcel over a specified storage period, the Contractor shall levy a penalty for storage in the amount of $ 0.5 per day, the maximum storage period is 95 (ninety-five) days. The beginning of the free storage period is the day the parcel arrives at the Contractor’s warehouse. If the Client does not request the parcel after 95 (ninety-five) days, the Contractor reserves the right to dispose of the contents of the parcel or utilize it at its discretion, without further notice.
8.2. The Contractor is not responsible for identifying the owners of incoming parcels on which the delivery address and recipient are incorrectly (or incompletely) indicated. The Contractor reserves the right to charge a fee for the storage of each such Incoming Parcel in accordance with the scheme specified in sub-clause 8.1 of this Agreement. In the event that after 95 (ninety five) days from the date of delivery of the parcel to the warehouse, the client did not contact the Contractor and does not confirm the ownership of the parcel, the Contractor reserves the right to dispose of the contents of the parcel or utilize it at its discretion.
8.3. The Contractor agrees to keep the Outgoing parcel ready for shipment for 7 (seven) days in the warehouse without additional charge. After the expiration of this period, the Contractor reserves the right to charge the Client for storage of each Parcel ready for dispatch in the amount of 2 (two) US dollars per day. The total shelf life of a Parcel ready for dispatch should not exceed two months. If the Client does not demand the parcel after 2 (two) months, the Contractor reserves the right to dispose of the contents of the Parcel or utilize it at its discretion without any reimbursement to the Client.
9. LIABILITY LIMITATIONS and FORCE MAJEURE
9.1. The Contractor’s liability is limited to losses and may not exceed the limit values per kilogram (pound of Cargo weight)
9.2. The Contractor is not responsible for the delay / and / or transfer and / or cancellation of flights in the event of force majeure (for example, severe weather conditions, canceled or changed by the airline schedule, overloading in airlines, etc.), as well as related to holidays of USA or in the country of the Customer.
9.3. The parties shall be exempted from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure situations arising after the enactment of the Agreement as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary events include: flood, cyclone, storm, fire, earthquake, explosion, storm, epidemic and other natural phenomena, aircraft catastrophe or embargo, as well as war or military operations, any actions or omissions of non-employees or Contractor’s contractors, strikes riots, etc.
10. PROTECTION PROGRAM
10.1. The Contractor organizes protection program of the parcel in favor of the Client to the extent of the amount corresponding to the actual cash value of the goods in case of loss or damage to the Client, provided that the Client indicates the need for the protection function, before sending the parcel, on the Contractor's website.
10.2. The protection service fully covers the risks of:
• Loss of separate goods from the parcel;
• Loss of the entire package;
• Damage to the goods in the parcel;
10.3. Protection program does not cover the following:
• Used or repaired items. The protection service does not include the validity or performance of the device.
• Damage to fragile goods (for example, dishes, glass, porcelain monitors, etc.)
• Packages containing jewelry.
• Goods purchased on international trading floors and auctions are subject to protection only if the Client places a special request for photographing in order to fix their condition at the time the goods arrive at the Contractor’s warehouse.
10.4. The protection program event does not mean the fact that the parcel was confiscated by the Customs authorities of the Client's country of residence.
10.5. If the Client intentionally or accidentally indicated a non-existent Delivery Address, as a result of which the Parcel is not delivered by the fault of the Client, such an event will not be considered protection;
10.6. An event is not considered insured if during it the Parcel has been returned to the Contractor’s warehouse due to the Client’s refusal of it, or for any other reasons.
10.7. The opening of a parcel or the disappearance of the package (or a part of it), the event of which took place after the parcel was issued to the Client, if at the time the parcel was issued the Client did not draw up and sign the Discrepancy / Damage Act along with the courier or the clerk at the point of issue, will not be considered an protection event.Although, the protection program will be considered valid if the Client can provide the process of opening the package that is captured on a camera,the footage must allso display the integrity of the package from all sides. The package must be present in the whole frame during the whole time of unpacking in order to confirm the fact of shortage or damage.
10.8. If the Client indicated inaccurate / incorrect information when processing the goods declaration, such an event will not be considered protection program.
10.9. Upon the occurrence of an protection event, the Client shall notify the Contractor in a letter to email@example.com about the occurrence of the protection event up to 7 (seven) days from the date of receipt of the Parcel by the Client, otherwise the Contractor does not recognize such an event as an Insured Event.
10.10. In the letter, the Client attaches the following documents:
• Act of discrepancy / damage or a link to a video recording of the process of unpacking the parcel;
• Confirmation of payment for goods in the store;
• Bank statement and / or a clear photocopy of it;
10.11. The Contractor pays or rejects the claim for protection payment within (30) thirty calendar days.
10.12. In the event of an protection Event, the Contractor shall return to the Customer's account an amount equivalent to the value of the goods protection against damage. The Contractor does not compensate the expenses incurred by the Client for express transportation of the parcel.
11.1. When performing the repackaging service, parcels are not compressed, hardened or twisted to reduce their dimensions and to produce them in reasonable and affordable circumstances, to reduce the cost of transportation of the order.
11.2. If the combined entered items differ, the package will be reduced within the limits ensuring their safety. Compatible investments include: shoes and clothes, clothes and jewelry, shoes and watches, etc.
11.3. Standard repackaging is to eliminate unnecessary postal packaging, if possible. The size of the mail box is reduced to the maximum size of the goods. Repacking shall be deemed made if the space between the box and the goods is 1-2 cm on either side.
11.4. The Contractor is not responsible for the repackaging service for the safety of the outer packaging of the parcel.
12. DISPUTE RESOLUTION
12.1. This Agreement is a legally binding contract between the Parties and governs the use by the Client of the services of the Contractor.
12.2. After the Client accepts this Agreement, all preliminary negotiations, agreements, correspondence between the Client and the Contractor lose their legal force.
12.3. Disputes, disagreements and conflict situations related to the fulfillment of the terms of this Agreement are resolved by the parties through negotiations.
12.4. Unresolved conflicts are resolved in accordance with US law.