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EasyShip Offer

EasyShip Offer  

 This agreement is a public and official offer of the Internet service EasyShip to an unlimited number of individuals from among the visitors of this website to use the services of the Internet service EasyShip (public offer). 

 All services provided by Easyship.ru are governed by the terms of this Agreement. We reserve the right to change the terms of this Agreement at any time, and these changes take effect from the moment they are entered into this document. For this reason, you should regularly review this page for any changes to the terms of the Agreement. 

 Please read the terms of the Agreement carefully before registering on the site. By registering on the Easyship.ru website or by using any of the services of Easyship.ru, you accept the terms of this Agreement and join it. If you do not agree with one or more of these terms, you must not use the website or any of the Easyship.ru services. 

 The services of the Easyship.ru website can be used by persons who have reached the age of 18. Persons under the age of 18 can use the services of the site only under the supervision of a parent or a guardian. 

 By submitting an application to use the services of Easyship.ru, you authorize Easyship.ru to verify your personal data directly or through third parties. This may include a request for confirmation of information you provided. For example, you may need to prove the ownership of your email address or credit card that was used as a payment method. 

 Easyship.ru prohibits its Clients to engage in any illegal activities. Client agrees to reimburse Easyship.ru for the costs incurred for obtaining legal advice and services to enforce Client’s compliance with the law. 

 Client represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations for receiving Goods and mail in accordance with the terms of this Agreement. 

 These terms and conditions apply to standard routed export transactions when a Client purchases Goods in the United States from sellers acting as exporters (U.S. Principal Party in Interest) as defined by the United States Foreign Trade Regulations. Below are additional terms for when a Client is engaged in a direct export transaction as an Exporter (U.S. Principal Party in Interest). 

 Membership starts from the moment you register on the Easyship.ru website. Membership is free for all registered users.  

  1. Definitions 

Internet service EasyShip (hereinafter referred to as the Contractor) is a legal entity TBE International Inc. (USA); provides Clients with services of receipt, consolidation, processing and further dispatch of Clients' Goods purchased in the United States or other supplier countries, as well as transportation, customs clearance of export/import and delivery of the Client's Goods, hereinafter referred to as "express cargo", in accordance with applicable rules of customs clearance and transportation of express cargo in the legislation of the Russian Federation, or another country-recipient of the Client's Goods, and the United States.  

 Express cargo – Goods transported as part of high-speed transportation by any means of transport using an electronic system for organizing and tracking shipments in order to deliver the Goods to the recipient in accordance with an individual waybill within the shortest possible and (or) fixed period of time, except for the Goods sent via international shipping; 

 Express carrier – any legal entity from the following companies: "Boxberry", "Armadillo Business Parcel", that carry out joint activities in the international transportation of express cargo, as well as third parties, including customs representatives associated with express carriers by contract relationships. 

 Sender – a legal entity or an individual who handed over express cargo to the express carrier or postal company for delivery; 

 Recipient – the recipient of the express cargo indicated on the front side of the individual waybill of the express carrier or on the international postal waybill; 

 Client – an individual who instructed the Contractor to receive, consolidate, process and further forward the Client's Goods, the Sender or Recipient of the express cargo, the bearer of the individual waybill, the owner of the cargo content, or any other person who has rights in relation to the cargo; 

 Goods - any consumer Goods intended for the personal use of an individual and not limited for use by the law of the country where the Sender or the Recipient is located. The purposes of using the Goods are determined in accordance with the legislation of the Recipient's country. 

 Customs representative – a legal entity representing a country that is a member of the customs union or another country of destination of cargo performing customs operations on behalf of and by instruction from the declarant or other interested parties in accordance with the customs legislation of the customs union or the country of destination; 

 Declarant – an entity that transports express cargo, or a customs representative (broker), and is engaged in declaring express cargo; 

 Prohibited Goods - Goods and materials acceptance for transport of which is prohibited by the legislation of any country to through which the cargo is transported. 

 Site/website – Easyship.ru 

 The Agreement 

 The Contractor undertakes, on behalf of the Client, for a fee, to perform the following actions on its own behalf and at the expense of the Client, hereinafter referred to as the "Services": 

 - receipt, storage, sorting and processing of the Goods purchased by the Client themselves or by the Contractor on behalf of the Client. 

 - shipping to the specified address the Goods purchased on behalf of or by the Client themselves, by transferring the Goods to the postal service and/or to the carrier during working hours and by the selected shipping method. 

 -purchase of Goods in online stores and online auctions in the United States. 

 -the Client pays the Contractor a fee in accordance with the tariffs posted on the Easyship.ru website in the "Services and Tariffs" section. 

 -Clients agree that the Contractor has the right to enter into contractual relationships with third parties on any conditions acceptable to it, in order to fulfill the contract of transport and delivery or a part of it, or to provide other services, including customs clearance services. 

 3. Procedure for Providing Services 

 3.1 Transfer of Funds (replenishment of the Client's personal account) 

 -The Client's personal account is created at the time of registration on the Easyship.ru website. A personal account can be used by the Client solely for the purpose of paying for the purchased Goods, as well as for paying for the Contractor’s services. 

 -Replenishing of the personal account of the Client is possible by the method specified in the section "Replenishment of the account and payment for the order" on the website Easyship.ru 

 -When paying for the services of the Contractor, the Client at the same time undertakes a payment for any fees arising in this connection from intermediary banks and/or payment systems. 

 3.2 Placing an Order 

 The Client can instruct the Contractor to purchase Goods using a web link to the page of the Goods (in the personal account, the button "Order the purchase of Goods"). 

 - When describing the Goods, the Client is must indicate the full cost of the Goods established by the Seller on their website, the cost of delivery of the Goods to the Contractor's warehouse in the United States, as well as the amount of sales tax or other types of taxes that apply in the country of purchase. If the Client has not specified the necessary data or the data has changed, the Contractor has the right to unilaterally withdraw from the Client's User Account the amount necessary to cover the costs incurred when purchasing the Goods specified by the Client. If there is a lack of funds to fully pay for the Goods on the Client's User Account, the Goods can be purchased by creating a debt on the Client’s account. If within 10 days this debt is not paid by the Client, the Goods are returned to the Seller and the amount of the commission for the services of the Contractor, the cost of shipping to the Contractor’s warehouse and the cost of return shipping to the Seller are deducted from the Client’s User Account. 

 - When specifying the size (clothes, shoes, etc.), it is necessary to indicate US sizes, as indicated in the Seller's online store. 

 - The Contractor does not participate in the auction process on auction sites such as eBay. After you win, our personal manager will act as your representative and buy the product. To complete the purchase on your behalf, you need to provide us with the Seller's PayPal email address. The Contractor undertakes payment to the Seller for the Goods, provided that the Seller ships within the United States. 

 - If the Seller did not send the Goods, the Contractor will try to do everything in its power to recover the money paid, but does not guarantee a refund, and in this case does not compensate for the loss of the Client. The Seller is chosen by the Client and the Contractor is not responsible for the actions of the Seller. 

 -If a Client no longer wants the Goods that were already paid for (including Goods that were purchased by creating a debt on the Client's User account), the cost of returning the Goods to the Seller is charged to the Client and the Contractor’s commission is not returned. If the Client refused the Goods, the commission is refunded in the amount of 50%, after opening a dispute with the Seller, if the check-in-warehouse service was previously ordered for the Goods. The commission is not refundable if the check-in-stock service was not previously ordered. Cancellation of a purchase from an eBay auction is impossible if the Seller does not specify the conditions for returning the Goods in the lot description. If the conditions for the return of the Goods are specified, then the return is possible according to these conditions. 

 - The Client is solely responsible for compliance with any conditions imposed by the Seller for the sale of Goods. The Client acknowledges that the Contractor is not responsible for any actions taken by the Seller in relation to the Client's Goods to enforce compliance with the Seller's terms of sale. 

 - The Client is also responsible for informing the Seller that any product purchased and sent to the Contractor's warehouse will ultimately be exported from the United States. It is the Client's responsibility to ensure that the Seller provides the export classification of the Goods and determines if any export licenses are required for the Goods. The Client must ensure that the Goods requiring an export license or those that are controlled for export are not sent to the Contractor's warehouse. 

 4. Receiving, Storage, Processing 

 - Upon registration, the Contractor provides the Client with a unique STE number to receive the Client's packages at the Contractor's warehouse in the US before being sent for export. 

 - The Contractor undertakes to accept to its warehouse the Goods that were delivered by the postal service (carrier) from the Seller. The period of free storage of the Client's Goods in the warehouse is 60 calendar days. The Contractor will charge a storage fee for storage of the Client's Goods over the free storage period. Free storage period starts from the actual arrival of the Goods at the Contractor's warehouse. After the free storage period is over, the Client’s Goods must be packaged for shipping or the storage period has to be extended. The Contractor has the right to dispose of the Goods if at the end of the free storage period the Client has not instructed to package the Goods for shipment or has not extended the storage period.  

 -A storage fee is charged for the storage of a Client’s packed parcel after the free storage period is over. The beginning of the free storage period is marked from the moment the parcel is packaged at the Contractor's warehouse. If the free storage period expires and the Client refuses to extend the storage of the packed parcel, the Contractor has the right to dispose of the Goods. If the parcel is sent for disposal due to the end of the free storage period or by the Client through their personal account, the Contractor may be able to return the Goods from the parcel back to storage upon the Client's request in the event that the Goods have not been physically disposed of. The cost of this service is $10.

 -Goods to be disposed of include incoming identified orders that have been in storage for longer than 3 months and unidentified orders with an unspecified STE number that have been in storage for more than 1 month. Packaged parcels could be disposed of if they have been in storage for more than 2 months from the date of packaging. A Client who has not extended the storage period agrees to the disposal of incoming orders that have been stored for a period of more than 3 months and packaged parcels that have been in storage for period of more than 2 months. Charges, including, but not limited to, the cost of Goods and the Contractor’s fee, are not reimbursed for the disposed Goods. 

- If it is necessary to pay additional fees, duties, taxes, etc., for purchases made by the Client upon their arrival at the warehouse, the Contractor notifies the Client about the need for such an additional payment and the required amount. If the Client refuses to pay the specified costs, the Contractor will be forced to refuse to accept the Goods/packages at the warehouse. 

-The Contractor undertakes to pack the Client’s Goods received at the warehouse, according to the instructions in the "Warehouse" section of the personal account. In the event that the Client’s parcel cannot be sent by the delivery method specified by the Client due to the weight or size of the parcel, the Contractor has the right to change the shipping method for the Goods automatically without obtaining a permission from the Client. 

 

- To use the service “Your address in the USA”, it is necessary to confirm the identity of the Client and the legality of the purchase by providing the Contractor, upon their request, with copies of identity documents. It is forbidden to use the service “Your address in the USA” for ordering Goods by installments or cash upon delivery, registering an account on eBay, opening bank accounts or credit cards, and for any purpose other than receiving packages. 

 

- Delivery of packages to the warehouse when the Client uses the service “Your address in the USA” is possible only to addressees whose last and first name (hereinafter, the full name) matches with the full name of the owner of the bank card from which the payment for the Goods delivered in this parcel was made. If the Contractor has documents that unambiguously prove that the Goods were purchased using a bank card of another person, these Goods will be stored in the Contractor's warehouse and blocked simultaneously with the Client's personal account. 

 

- Delivery of packages to the warehouse when the Client uses the “Your address in the USA” service is possible only to addressees whose full names match the full names indicated in the invoice (purchase invoice) received from the online store. 

 

- Since the Contractor is legally responsible for outgoing shipments, it reserves the right to open any package entering the warehouse in order to check for the presence of any prohibited contents in it. The Contractor has the right to refuse to ship any Goods if it deems that they don’t meet the requirements for export/import. In the event that prohibited Goods arrive at the warehouse, the return or disposal of the Goods is carried out at the expense of the Client. 

 

- The purpose of services of Easyship.ru is to act as an agent for consolidation and export, by receiving the Client's Goods to be sorted, packaged and consolidated. At the direction of the Client, the Contractor organizes export to the specified local Client’s address through an unaffiliated service provider that acts as a forwarder and/or carrier for shipment. The Contractor is not a freight forwarder, but rather acts as an agent of the shipper (Client). 

 

- The Client’s STE number should only be used for the purpose of consolidating parcels. The Client confirms that their STE number in the Easyship.ru warehouse is their address only for the purpose of delivery of packages for subsequent export. The Client guarantees that the address of the Contractor's warehouse will not be used including, but not limited to, as an address of a commercial enterprise or the Client's place of residence, for opening credit cards, for providing to other financial institutions, for receiving letters and other correspondence. Failure to comply with this requirement may result in the cancellation of the Client's account on the Easyship.ru website. 

 

 - The possibility of carrying out other work with the Goods/parcels not indicated in the Services section is considered by the Contractor individually at the request of the Client. The cost of other work is estimated on an hourly basis at the rate indicated in the Services section. When using additional packaging or other materials, the cost of the materials used is paid separately from the cost of work. 

 

4.1 Conditions for Returning the Goods 

 

-The Client has the right to request the return of the Goods to the Seller if the purchase was made on behalf of the Client, only when there is an explicit indication by the Seller of the possibility and conditions of the return of the Goods. 

 

-In case of the return of the Goods, the cost of shipping from the Client to the Contractor and from the Contractor to the Seller, as well as in the opposite directions, is paid by the Client. 

 

- The Seller's decision on the possibility of returning the Goods guides the Contractor in their decision of returning the Goods to the Seller.  

 

-If the contractor finds a defect in the Goods, inconsistency with the declared name of the Goods or shortage of Goods in the incoming package, and the service for verification of the package contents was not ordered by the Client for these Goods before they arrived, the return of the Goods is possible only if the Client pays for the service of dispute with the Seller. 

 

- If the Seller decides to refuse the return of the Goods, the Contractor does not compensate the Client for the cost of the Goods. 

 

-All return operations are carried out in full accordance with the terms of the Seller, including but not limited to the timing, procedure and amount of compensation. 

 

-When calculating the timing of the return of the Goods to the Seller, the Client must take into account the transit time for shipping of the Goods from the Client to the Contractor, the processing time of the return in the Contractor's warehouse (3-5 business days) and the transit time of the Goods from the Contractor to the Seller. 

 

-Refunds to the Client are carried out after a full refund of the cost of the Goods is made by the Seller to the Contractor. 

 

-The commission for the services of the Contractor is not refundable, regardless of the decision of the Seller. 

 

-When re-shipping an exchanged product, the Client pays the full cost of processing the order by the Contractor in accordance with the rates indicated on the Easyship.ru website. 

 

 

 

 

5. Delivery of Goods 

 

Delivery of Goods is carried out in the ways, on the terms and at the rates specified in the section "Rates" of the site Easyship.ru by the means of transferring the Goods to the following postal companies and/or express carriers. The rate can be calculated in the Shipping Calculator by sequentially selecting the appropriate country, shipping region and weight. 

 

United States Postal Service (USPS) and its divisions First-Class Mail International, Priority Mail International (Airmail), Priority Mail Express International (EMS) 

Fedex 

DHL 

IML 

Private express carrier "Boxberry" 

DPD 

Russia Post 

 

-Payment for shipping of the Client’s Goods is made separately from the payment for the Goods themselves. The cost of shipping the Goods to the Client is calculated after the Goods are packed and weighed. After the Goods are packed, the Contractor does not open the packaged parcels and does not change the Goods. The parcel will be shipped only after the Client has paid the full shipping cost. 

 

-The Contractor undertakes to transfer the packed parcel with the Client's Goods to the postal service or express carrier that the Client indicated in the "Warehouse" section of their personal account. 

 

-Services are considered fully completed from the moment the Client's parcel is handed over to the postal service (express carrier, Russian Post). 

 

- The Contractor is not responsible for the operation of the state postal service, courier services and transport companies (express carriers) and cannot influence the speed of delivery. Delivery times shown on Easyship.ru are approximate.  

 

- In case a promised delivery time of the parcel is not met through the fault of the Contractor, the Client has the right to demand payment of a penalty in the amount of 0.1% of the value of the Goods in the parcel, but not more than the shipping cost of the parcel. 

 

-In case of an insured event (damage, shortage of Goods in the parcel, loss in transit) and provided that the Client paid for the insurance, the Contractor, at the request of the Recipient, submits a claim to the appropriate service for the reimbursement of the insured amount. 

Important: parcels sent by Easyship Priority and Easyship Priority Lite are not insured. 

 

- The parcel is considered lost if 60 days have passed since its dispatch. 

 

- Claims are accepted within 5 days from the receipt of the parcel. 

 

- An insurance claim has to be made in writing to the email address claim@easyship.ru. 

 

- If the Client wants to insure the parcel, it is imperative to order a photo of the contents in the warehouse, as well as to reliably and correctly fill in the description of the Goods. 

 

- To receive a payment from insurance, the Client undertakes to provide documents to confirm the cost of the Goods no later than 7 days from the notification of the loss of the parcel. 

 

- The Client undertakes to provide sufficient evidence to substantiate the claim within 7 days from the date of the first request. Submissions may include: 

 

  • shortage report (form 51), drawn up and certified by an employee of the delivery service 

 

  • when opening the parcel, a courier must be present who can confirm the absence of Goods in the parcel or their damage. Alternatively, you need to film the opening process with a camera at a pickup point or post office, starting with the video of the outside of the package from all sides, and until the end of the unpacking process for a complete picture of the contents of the package. The package must be present entirely in the frame during the entire shooting 

 

  • a document regarding the difference in weight/a document regarding inspection of the parcel in the presence of other supporting materials 

 

  • clear and detailed photos of the Goods and defects in case of damage 

 

  • expert opinion, if necessary 

 

- Submission of documents to confirm the cost of Goods is mandatory. These documents must contain billing information, product name, cost, tracking number. Documents provided to confirm the cost must be in either pdf or jpg format. 

 

- The Client undertakes to keep all documents, Goods and packaging of the parcel in their original received condition until the Contractor makes a decision on the claim. 

 

- The Contractor undertakes to consider the insurance claims of the Client and make a decision regarding a payment within a period of 7 to 30 calendar days from the moment the Client provides all the necessary documents to accept the claim. 

 

- The Contractor has the right to refuse payment on the grounds, including but not limited to: 

 

  • The Client notified about the loss/damage later than the permissible search terms, as well as later than 5 calendar days from the moment the parcel was delivered 

  • The Client refused/was not able to provide documents to substantiate the claim within 7 days 

  • The Client refused/was not able to confirm the value of the Goods stated in the invoice  

  • Overestimation of the declared value revealed 

  • The package was detained/confiscated by customs authorities or other government services. 

  • The package was found and delivered after being declared lost 

 

- The insurance payout for the shortage of Goods in the parcel is calculated on the basis of the value of the Goods declared by the Client in the parcel/EasyShip order and cannot exceed the invoice value of the missing product. Shipping charges for partial deficiencies are non-refundable. 

 

- Insurance payout for damaged Goods is calculated based on the nature of the damage and the assessment of the damage caused to the Goods. 

 

- In the event that the Client received the Goods, they can only count on partial compensation, except for cases of total damage that led to the complete destruction of the Goods. The amount of partial compensation will be calculated on a case-by-case basis. Shipping charges for damaged Goods are non-refundable. 

 

- The Client can receive a full refund of the invoice value of the damaged Goods, subject to their return. The return address will be provided to the Client upon request through correspondence. The cost of shipping the damaged Goods is paid by the Client. 

 

- If the Client refuses the damaged Goods at the time of delivery and returns the parcel to the Sender, the contents are seized by the Contractor, and the Client is refunded the full amount of compensation, according to the invoice value. Shipping costs are non-refundable. 

 

- The shipping cost is refunded only in cases of loss of the shipment and/or complete shortage of Goods in the parcel/damage (i.e., the only item in the parcel was completely destroyed, an empty parcel was received) 

 

- Refunds are given through PayPal or to the balance of the Client’s personal User Account. 

 

- The cost of insurance is 3% of the cost of Gods declared by the Client when ordering insurance. 

 

- The maximum insurance payment can be equal but cannot exceed the invoice value of the Goods. 

 

- In case the parcel that was previously considered lost is found, and the Contractor has already given a refund, the amount of compensation paid is subject to return to the Contractor. 

Important! We cannot guarantee that the contents of the parcel will arrive in their original condition if the parcel contains fragile items (ceramics or glass, electronics) or heavy items (hammer, tools, metal spare parts), or if the parcel consists entirely of fragile items (for example dishes). We do not insure such Goods against damage. Insurance can only be for the loss of such a parcel. 

 

- The Client can instruct the Contractor to forward the packages that arrived at the Contractor's warehouse to the address indicated by the Client, given that the Client makes a payment for the cost of shipping of the Goods, services rendered and other costs incurred as part of the execution of this order upon receipt of the Goods. 

 

-Compensation for a parcel not insured by the Client is made in the event of: 

 

  • the carrier admitted to the loss of the parcel, and 

 

  • the carrier reimbursed EasyShip for the cost of the parcel (within 60 days from notification from the carrier to the Contractor). 

 

Maximum refund is $30 and cannot exceed the invoice value of the parcel/Goods. 

 

In case of controversial situations and the provision of a video of the opening of the parcel by the Client, as well as documents confirming the purchase of Goods (invoices), the EasyShip service can provide the Client with a video of the packing process of the parcel. Service cost $10. 

 

The maximum payout for any disputes about Goods/parcels can be equal to but cannot exceed the invoice value of the Goods. 

 

If the Client claims false information about the value of the Goods (understatement), the payment is equal to the declared value of the Goods. 

 

6. Customs 

 

- In accordance with the terms of this agreement, the Clients appoint licensed customs representatives Opinter LLC, Unitrade CJSC, Armadillo Business Parcel JSC, Tanais LLC, GBS-Broker LLC as their agents in order to carry out customs clearance on their behalf in the country of destination. Clients also agree that the Express carriers specified in section 5 of the Agreement may act as nominal consignees for the sole purpose of appointing a customs representative for customs clearance. 

 

-The Client agrees to a contract made for the purpose of customs representation with any other customs representative, who was involved on behalf of the Contractor. For the purpose of customs declaration of Goods, the contract for the customs representation is considered made with the Client from the moment of the creation of the individual waybill for the express cargo. 

 

- If the customs authorities require the provision of additional documents in order to confirm customs declarations for the import of Goods transported by the express carrier, or the right of the express carrier to carry out customs clearance, the provision of the required documents is made by the Client at their own expense. 

 

- The Client undertakes to provide complete and accurate information regarding the imported Goods. The Client should be aware that if he/she provides false information about the Goods or the contents of the parcel, a civil claim may be brought against them and or they may be charged with administrative or criminal liability, and in connection with those punishments may be applied to them in the form of fines, confiscation and sale of the Client's Goods. The Contractor may, on a voluntary basis, assist in the process of customs clearance and other procedures, but the entire risk will be borne by the Client. The Client undertakes to reimburse the Contractor for losses and protect it from claims that may arise in connection with the information provided to it, as well as from any costs that the Contractor may incur in connection with the above, as well as pay any administrative costs associated with the provision of services, provided by these terms and conditions. 

 

-The Contractor is not responsible for the Client’s obligations to pay the customs duties upon delivery of the Goods. 

 

- Customs duties, taxes, fines and fees are paid by the Client according to the details specified by the customs representative, or instructs the customs representative who carries out customs clearance of the Client's Goods to pay it on behalf of the Client given that the Client will reimburse the customs representative for the full amount paid on their behalf. The payment method depends on the customs clearance method chosen by the customs representative. 

 

- Any customs payments, taxes (including, but not limited to, value added tax, if it is payable), fines, storage costs or other costs that the Contractor may incur as a result of the actions of customs or other government authorities or in connection with the fact that the Client was unable to provide a proper list of documents, and/or obtain the required license or authorization, will be billed to the Client. 

 

- The Contractor will make every effort to speed up the customs clearance process, but it cannot be held responsible for delay, loss and damage caused by the actions of customs or other government authorities. 

 

- The Client agrees that forwarders and/or carriers and/or customs authorities of the countries of export and import reserve the right to open and or check each shipment sent by the Contractor. 

 

7. Prohibited and Dangerous Goods 

 

Dangerous Goods 

 

- The Contractor does not accept for transport Goods that, at its discretion, are recognized as dangerous, and those that may harm the Goods of other Clients. 

 

Goods prohibited for transport 

 

- The Contractor does not accept for transport parcels containing Goods prohibited by the legislation of the countries of origin and destination. 

 

- The contractor does not accept for transportation Goods that require temperature control.  

 

- The Client understands and agrees that any software and/or data located on used computer equipment or other electronic storage device is the sole responsibility of the Client. Client is responsible for its compliance with all applicable import and export laws, rules and regulations, including but not limited to import and export laws and government regulations of the Office of Foreign Assets Control of the U.S. Department of State, U.S. Department of Commerce and any requirements relating to the transport of any such software and/or data of any country, to, from or through which the Client's parcels may be transported. The Client also understands that the Contractor is not responsible for the loss of any software and/or data. 

 

-The Client acknowledges that the Contractor will not directly or indirectly participate in any transactions related to any product, software or technology (hereinafter collectively referred to as the "Goods") exported from the United States, which is subject to ITAR or for which an export license under the EAR is required, unless an item subject to an EAR is eligible for an export license exemption that has been approved by the Contractor. The Client also acknowledges that the Contractor does not authorize the use of exclusions in accordance with ITAR. Additional information about Goods that you can and cannot send through the Easyship.ru service is available on the page "https://easyship.ru/zapretusa" (the list may not be complete and may be supplemented at any time). 

 

-The Client is responsible for confirming that the prohibited Goods listed on the prohibited and restricted Goods page are not sent to the address of the Contractor's warehouse and are not included in export parcels. The Contractor reserves the right to return Goods to the Sender(s) for any reason, provide Goods (and information about them) to government agencies or otherwise refuse Goods (including by selling confiscated Goods with proceeds from sales to charity, destruction, etc.). Additional information is available on the page "https://easyship.ru/zapretusa". The United States government provides general information on US export requirements on the Export.gov website. 

 

The time frame for the Client for making a decision, after notification of the impossibility to send the Goods is 10 calendar days. After that, the Client cannot make any claims for these Goods. 

 

8. Right for Inspection 

 

- The Client agrees with the right of the Contractor or a customs representative, authorized state bodies, including customs, to open and check the parcels in order to comply with the law or eliminate possible damage to other Goods, as well as if there is a suspicion of unacceptable or dangerous Goods. 

 

- The Client agrees with the right of the Contractor or the appointed customs representative to be present at customs inspection and other customs operations and formalities on behalf of the Client. 

 

 

9. Rights and Obligations of the Parties 

 

9.1 Rights and Obligations of the Contractor 

 

- The Contractor undertakes to provide the Client with the services described in this Agreement, as well as fulfill Client's requirements related to the provision of these services, if the requirements do not contradict the Agreement, the information specified on the Easyship.ru website, as well as the current legislation of the United States and the Russian Federation. 

 

- The Contractor undertakes to maintain the confidentiality of the personal data provided by the Client (including passport data, bank card number, eBay account login data, etc.) and not disclose them to third parties, unless this is required to fulfill the terms of this Agreement. 

 

- Provide the Client with information on the execution of terms specified in this Agreement. 

 

- The Contractor reserves the right to refuse the Client to purchase any product without providing a Client with a reason. 

 

- The Contractor reserves the right to refuse to provide services to the Client, if the Client uses obscene language in correspondence or communication. 

 

- The Contractor has the right to publish on the Easyship.ru website and on the official pages of the Easyship.ru service on social networks, written reviews of the Client left by the Client in the "Reviews" section or in the Correspondence in the Client's Personal Account on the Easyship.ru website. 

 

9.2 Rights and Obligations of the Client 

- The Client undertakes to timely and fully pay the cost of the purchased Goods, the cost of their shipping to the Contractor's warehouse, taxes, fees, customs duties and other expenses arising in connection with the provision of services by the Contractor, as well as the cost of the Contractor's commission, the cost of shipping of the Goods to the Client. In case of non-payment, the Contractor has the right to suspend or stop serving the Client. 

 

- The Client undertakes to keep all documents (invoices, receipts, checks, bank statements) confirming payment for the Goods or services until the receipt of the Goods. 

 

-The Client undertakes not to use the Goods for business purposes. 

 

-The Client undertakes to independently track the receipt of the Goods at the Contractor's warehouse and its further forwarding to the Recipient. 

 

- The Client is responsible for the compliance of the purchased Goods with the shipping terms of the postal service (carrier) and the customs legislation of the country in which it is located, including, but not limited to, the dimensions, weight and content/substance of the Goods, as well as the dimensions and weight of the packaging required for the transportation of the Goods to the Client via postal service (carrier). 

 

- The Client is responsible for timely and reliable provision of the information to the Contractor necessary for the provision of the services, including information about the Goods that they purchased on their own, by providing the Contractor with: 

 

  • web links to purchased Goods in an online store and/or auction; 

 

  • copies of documents confirming the identity of the payer, payment for Goods and their cost; 

 

  • full names of Goods, including their names in Russian 

 

In the event of a lack of such information or doubts about its reliability, the Contractor has the right to suspend the provision of the Services. 

 

- The Client undertakes not to contact Sellers/online stores directly on issues related to the Goods that were purchased for them by the Contractor. When purchasing Goods for the Client, the participants in the transaction are the Contractor and the Seller/online store, therefore the Client has the right to contact the Contractor to clarify information, that, in turn, requests data from the Seller/online store and informs the Client. 

 

10. Limitation of Liability and Force Majeure 

 

The parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the Agreement was made, as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such events of an emergency nature include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or hostilities, interruptions in the operation of networks of local or national air and ground communications, technical malfunctions in transport and equipment; hidden defects or inborn defects in the contents of the cargo; criminal acts of third parties, such as theft and arson; actions or omissions of customs authorities, employees of airlines and airports, or government officials; the contents of the cargo being prohibited products, including if the Express Carrier accepted the Goods for transport by mistake. 

 

The Contractor is not responsible for any expenses the Client incurred or direct or indirect damage that may be caused to the Client due to the use of the Contractor's services, as a result of the use or inability to use the services and incurred as a result of errors, omissions, interruptions in work, deletion of files, changes in functions, defects, delays in data transmission, etc. 

 

The Contractor is not responsible for the actions of related services, and services used to provide the services to the Client, that are not owned by the Contractor, such as banks, postal services, Internet providers, e-mail services, payment systems, etc. 

 

The Contractor is not responsible for the transit time of the Goods from the Seller to the Contractor. 

 

The Contractor is not responsible for the timing of receiving responses from the Sellers and reserves the right to contact the Seller within 14 days after the purchase of the Goods. 

 

The Contractor is not responsible for the quality and packaging of the Goods received at its warehouse, and also does not provide a warranty for the Goods purchased by the Client using the Contractor's Services. 

 

The Contractor does not check the Goods received from the Seller for compliance with the characteristics declared by the Seller, and in the event of an error by the Seller, the Contractor is not responsible for the non-conformity of the Goods. Checking the Goods is a separate service carried out for a fee, according to the rates indicated on the Easyship.ru website. 

 

EasyShip is not the owner or Seller of the Goods. All brands and trademarks shown in online offers and catalogs belong to their respective owners. 

 

The use of brands and trademarks, as well as all information on the product pages on the EasyShip website, is for informational purposes only, does not constitute a commercial offer and serves to familiarize users with the catalogs of foreign trading platforms. 

 

For the convenience of users, the EasyShip website may contain links to other websites. EasyShip assumes no responsibility for the content of third-party resources. 

The Contractor is not responsible for the bad faith of the Sellers chosen by the Client in the following cases: the Goods were sent with a delay; the Goods have been sent but do not match the description; non-working Goods (although declared as working); the Goods were not sent at all (cases of fraud). 

 

The Contractor is not responsible in whose interests, at whose expense, and on whose behalf the Goods that were delivered by the Seller to the Contractor's warehouse were purchased. The responsibility for the legality of the purchase of the Goods from the Seller lies with the Client. 

 

The Client agrees not to make the Contractor a defendant or a co-defendant for any obligations and expenses related to damage caused to the Client as a result of the actions of third parties, including but not limited to the Seller, Postal and courier services, payment systems. 

 

If the invoice is filled out by the Client or authorized representatives of the Contractor on behalf of the Client in the personal account, the Client is responsible for the correctness and completeness of the information specified in the declaration and the invoice. 

 

The Contractor shall reimburse the Client's losses at their request, and only if the claimed losses were the result of the Contractor's mistakes made in the provision of the services. In this case, the amount of compensation cannot exceed the cost of the Goods. 

 

11. Other Provisions 

 

The Client agrees to adhere to the following guidelines when using this website (Easyship.ru), namely: 

 

  • You may not defame, abuse, harass, threaten, or otherwise violate the legal rights (such as privacy and publicity rights) of others 

  • You may not post, advertise, distribute or upload any libelous, infringing, obscene, offensive, inflammatory, objectionable or illegal material or information 

  • You may not post, advertise, distribute or upload any information that may infringe any patent, trademark, trade secret, copyright or other intellectual property right, or any privacy or publicity right of any other person 

  • You may not post, advertise, distribute or upload any information that violates the legal rights of any person or that could lead to any civil or criminal liability under applicable laws or regulations, or otherwise could be in conflict with these Terms of Use, or Privacy Policy 

  • You may not upload files that contain viruses, Trojans, worms, corrupted files, or any other similar malicious software, code or program that could damage another computer or the Easyship.ru website 

  • You may not remove or change any copyright attributes, legal notices, or proprietary notices or labels in any information that is posted, advertised, distributed, or uploaded 

  • You may not falsify the original or source of information or materials posted, hosted, advertised, distributed or uploaded 

  • You may not conduct or post polls, contests, newsletters, or commercial offers 

  • You may not download any material or information posted, hosted, distributed or loaded by another user that you know or reasonably should know cannot be lawfully distributed in this way 

  • You cannot provide another person's personal information without his or her express permission 

  • You cannot provide personal information about anyone under the age of 13 

  • You cannot access or attempt to access systems, networks, files, data or accounts at Easyship.ru, or log into a system that you do not have access to 

  • You must not attempt to bypass or undermine system or network security mechanisms or verify the security of any system, network or account associated with or used in conjunction with the Website 

  • You may not use the Website in any way that could disable, overload or damage the Website, or affect any other person's ability to use the Website, including their ability to engage in real-time activities through the Website 

  • You may not use a robot, spider or other automated device, process or means to access the Website for any purpose, including monitoring or copying any material on the Website 

  • You may not use any manual process to monitor or copy any material on the Website or for any other unauthorized purpose without a prior written consent by the Contractor 

  • You may not use any device or software that interferes with the correct operation of the Website 

  • You cannot attack a Website with a denial-of-service attack or by spreading a denial-of-service attack 

 

Please do not post personal information in the public areas of the Website. If you choose to publish any information in the public areas of the Website, you thereby grant Easyship.ru a perpetual, irrevocable, fully paid, royalty-free license to use, reproduce, copy, modify, publish, distribute, display and create derivative works from such information (in whole or in part) for any reason. 

 

12. Compliance with Laws 

 

A. Compliance with Export/Import Laws 

 

- The Client is responsible for and guarantees compliance with all applicable laws, rules and regulations, including but not limited to import and export laws and government regulations of any country from which the Goods are shipped and through which the Goods may be transported. This responsibility includes determining and complying with any applicable import and export obligations and licensing requirements, including those established by the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury and any import obligations or licensing requirements of the destination country. 

 

-The Client represents and warrants that all of their activities will be conducted in accordance with applicable laws governing export, import and provision of Goods and services in the United States and in the jurisdictions in which the Client resides, operates or will receive shipments, including but not limited to, United States laws governing embargoes, sanctions, and boycotts, Arms Export Control Act (22 USC 2778), International Emergency Economic Powers Act (50 USC 1701 et seq.), Export Administration Act 1979 (50 USC 4601-4623), International Arms Trade Regulations (22 CFR 120 et seq.), Foreign Trade Regulations (15 CFR Part 30) and all rules, regulations and directives relating to any of the above, laws administered by the Office of Foreign Assets Control of the United States Department of the Treasury, laws administered by Customs and Border protection, and laws administered by Bureau of Alcohol, Tobacco, Firearms, and Explosives, US Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about controlled Goods that cannot be shipped to the address of the Contractor's warehouse is available at: https://easyship.ru/zapretusa. 

 

- The Client represents and warrants that (a) the Recipient of any Goods consolidated at the Contractor's warehouse is the end user of any and all Goods that the Client has instructed to export through the forwarder or carrier to the recipient's address or, if the Client resells the Goods, they can identify the end users and provide the Contractor with any requested information about such end users, (b) any and all Goods that, at the request of the Client, will be consolidated by the Contractor, will be used in the country to which the Client is sending the Goods, and (c) the Client will not re-export the Goods and send the Goods to another destination. Client may not return to the United States or resell in the United States any food or nutritional supplements they receive through the Contractor. The Contractor reserves the right to require the Client or the Recipient of the Goods, if applicable, to sign documents confirming the end use or end user of any Goods exported through the forwarder or carrier chosen by the Contractor. 

 

If you are a reseller, you agree to be bound by the following terms: 

 

  1. As a condition of using the Easyship.ru service, you agree to abide by all the terms of the Contractor. The most recent version of the Easyship.ru Service Agreement is available at https://easyship.ru/oferta. Easyship.ru Terms of Use are subject to change at any time. 

  1. You must not use, transfer, re-export, resell or otherwise use any Goods consolidated and/or exported using Easyship.ru services to any recipient, end user, or any end use prohibited by the laws of the United States. By signing and returning this document, you agree to comply with all applicable United States export laws. This includes ensuring that any names or addresses you add to your account and the customers you resell to do not appear on the Department of State's Debarred List or the Treasury Department's Specially Designated Nationals List that prohibit persons or legal entities from exporting from the USA. 

  1. You acknowledge that Goods consolidated and exported using the EasyShip service from the United States are subject to the Export Administration Regulations (EAR) of the United States Bureau of Industry and Security (BIS), which state that a product is subject to U.S. export/re-export regulations if it is: 

 

· made in the USA or contains a certain amount of content in the USA; 

 

· of foreign origin, but "transported" through the USA; 

 

· developed on the basis of US technology; 

 

· sold by a US citizen anywhere in the world; or 

 

· made by a USA company anywhere in the world. 

 

Therefore, Goods consolidated and exported using Easyship.ru services from the United States are subject to EAR control. 

 

We have attached links to relevant government websites for your convenience: 

 

§  Export Administration Regulation (EAR) § 736 – 10 General Prohibitions 

https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions 

 

§  International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 - 130 

http://pmddtc.state.gov/regulations_laws/itar.html 

 

§  Consolidated Screening List for U.S. Government Denied Parties 

 

  1. You represent and warrant that the Goods you purchase for resale will be sold by your organization and that, in relation to such Goods, you will comply with applicable laws governing export, import, and provision of Goods and services in the United States and in the jurisdiction in which the end user is located, operates or will receive shipments, including but not limited to, United States laws governing embargoes, sanctions, and boycotts, Arms Export Control Act (22 USC 2778), International Emergency Economic Powers Act (50 USC 1701 et seq.), Export Administration Act 1979 (50 USC 4601-4623), International Arms Trade Regulation (22 CFR 120 et seq.), Export Administration Regulations (15 CFR 730, etc.), Foreign Trade Regulations (15 CFR Part 30) and all rules, regulations and directives relating to any of the above, laws administered by the Office of Foreign Assets Control of the United States Department of the Treasury, laws administered by Customs and Border protection, and laws administered by Bureau of Alcohol, Tobacco, Firearms, and Explosives, US Department of Justice. You also warrant that any person or name you ship to, directly or indirectly, is not listed as prohibited persons or legal entities in the United States. A Consolidated List of Screening for Prohibited by the US Government Parties is available at http://export.gov/ecr/eg_main_023148.asp. 

  1. You also agree to comply with all regulatory requirements for Goods classified under Export Control Classification Number (ECCN) 3A991.a.1. In particular, you acknowledge that pursuant to Section 744.17 of the EAR, you will not re-export Goods classified as 3A991.a.1 without an export license from BIS if you have reason to know or are otherwise advised that the Goods will be or are intended for military use by an end-user or military end-user in any of the countries listed in Country Group D: 1 (a list of countries in Country Group D: 1 is available at http: //www.bis. doc.gov/encryption/740supp1.pdf. 

  1. You agree that only Goods purchased in the United States will be transported through the Contractor's warehouse in the United States (i.e., you will not knowingly purchase Goods from outside the United States that will be imported to the Contractor's address). 

  1. You acknowledge that upon purchasing the Goods, you are responsible for notification and agree that you will notify the United States exporter ("USPPI"), as defined by the United States Foreign Trade Regulations, that you intend to export the Goods purchased in the United States. You agree to provide Contractor with all information that USPPI may require for export purposes, including but not limited to, the USPPI Export Control Classification and Taxpayer Identification Number (if Electronic Submission of Electronic Information ("EEI") through an Automated Export System ("AES") is required). 

  1. You acknowledge that you will act as Importer in the country of destination for all shipments made using the Contractor's services. You are responsible for complying with all import obligations or licensing requirements of the destination country. 

 

Since you are a reseller and you know the names of your end customers (i.e. your customers) at the time of export from the United States through Easyship.ru, the following requirements apply: 

 

  • Before carrying out a shipment on behalf of this Client, you must provide the Contractor with information about your Client. It must be added to your Easyship.ru account as an additional Recipient. Ultimately, it is your responsibility to conduct screening to ensure that you are not exporting Goods to prohibited persons, 

  • Your Clients must also provide in writing (or via electronic confirmation) that they are subject to the terms of the Contractor Agreement. The Contractor has the right to request a copy of this letter at any time. Before making a deal with these individuals, you must provide the following letter to your Clients to sign: 

 

“This product will be exported from the United States using Easyship.ru. By making this shipment, you agree to be bound by the terms of the Easyship.ru service, which are available at https://easyship.ru/oferta". 

 

B. End User Restrictions and Prohibitions, Sanctions Lists and Embargoes 

 

-The Contractor will not provide services in any of the following countries/regions: 

 

  • Cuba 

 

  • Iran 

 

  • Myanmar 

 

  • North Korea 

 

  • Sudan 

 

  • Syria 

 

  • Libya 

 

  • Ukraine: Crimean Territory 

 

 

-The Contractor will not provide services to persons and/or legal entities specified in: 

 

(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. 

 

- The Contractor reserves the right to update this list at any time to reflect applicable laws and regulations. Contractor will also not provide services to any person or entity that directly or indirectly participates in financing, commissioning, or supporting terrorist activities or in the development or production of nuclear, chemical, biological weapons or missile technology programs as specified in the US Export Administration Regulations (15 CFR Part 744). 

 

-In no event will Client forward the Goods to any Prohibited Person (as defined here). For the purposes of this Agreement, "Prohibited Person" means 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" as defined in the United States Department of the Treasury's Foreign Assets Control Rules, 31 CFR, Subtitle B, Chapter V, as amended (the "OFAC Rules") or those otherwise appearing in the list of specially appointed citizens and blocked persons, Appendix A to the OFAC Rules (a list of whom is available on the OFAC website); (b) the government of Cuba, Iran, or Sudan, including any political subdivision, agency or action, or any other country against which the United States has economic sanctions or embargoes pursuant to the OFAC Regulations or Ordinance; (c) a person acting or intending to act directly or indirectly on behalf of a person belonging to or controlled by any government, individual or group against whom the United States has economic sanctions or embargoes in accordance with the Regulations or the OFAC Executive Order; (d) a person described in Section 1 of Executive Order 13224, Freezing of Property and Prohibition of Transactions with Persons Who Commit, Threatening to Commit, or Support Terrorism, effective September 24, 2001; (e) a person on any other list of terrorists or terrorist organizations under any of the OFAC rules or regulations or under any other executive order; or (f) a person who violates any other law, regulation or executive order for such import as each such law has been or may be amended or revised from time to time. 

 

-In the event that the Client is considered a potentially prohibited person or asks the Contractor to arrange for the shipment of Goods to an individual or legal entity that is allegedly a prohibited person, the Contractor may ask the Client to provide documentation to prove that the Client and/or the individual or organization, to which the export of Goods is intended to, are not a Prohibited Person. If the identity of the Client and/or the individual or the person who requested to export Goods cannot be proven in accordance with the requirements of the Contractor, the Contractor reserves the right to remove the delivery address of such potential Prohibited Persons from the Client's account or, the Contractor also reserves the right to ask  the Client for a signed Statement of Warranties, stating that the Client understands his or her obligations under US export laws and that the Client will screen to ensure that the Client's Goods are not exported to Prohibited Persons using the services of the Contractor or its unaffiliated forwarders and/or carriers. For more information on Prohibited Persons, including a tool that will allow you to find the name of Prohibited Persons, see the OFAC website: http://www.treas.gov/offices/enforcement/ofac 

 

C. Fraud Prevention 

 

- The Contractor uses commercially reasonable efforts to prevent fraudulent use of the Easyship.ru web service. REGARDLESS OF THE ABOVE, THE CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGE OR DAMAGE CAUSED BY THE USE OF THE WEBSITE BY YOU OR A THIRD PARTY. If you believe that there is fraudulent activity in relation to your account, you should immediately contact the Contractor via email fraud@easyship.ru or through the “Stop fraud” section of the website and the Contractor will cancel such an account. 

 

- You may not use the Easyship.ru website for marketing, pyramid schemes, receipt of checks and/or money orders, or other types of business that are abusive or fraudulent. You represent, warrant and agree that all information you provide to the Contractor is accurate and in compliance with all applicable local, state and federal laws and regulations, including any information about the value or export classification of Goods. You are solely responsible for such information and for maintaining all records as required by law. You may be subject to civil or criminal penalties from the US government for making false or fraudulent statements regarding such information. 

 

13. Appointment of TBE International, Inc. as Client's Agent. 

 

As a Client of the Easyship.ru service, you grant the Contractor written permission to act on your behalf as your true and legal agent for the following specific purposes: 

 

  • preparation of shipping documents; 

 

  • preparation of EEI through AES in accordance with the laws and regulations of the United States; 

 

  • preparation of an invoice or any other document required for the export of Goods to the Client's country; 

 

  • enter into service agreements on your behalf, and authorize the parties of such agreements to prepare all documentation necessary for the processing and delivery of all shipments; as well as 

 

  • provide permission to the forwarder and/or carriers, and/or customs brokers to carry out customs clearance. 

 

-If EEI is required for Goods (for parcels that cost over $2,500 or requiring an export license), Easyship.ru will provide the necessary export information on behalf of the Client as an agent in accordance with this section. If the Client or USPPI does not provide all the information necessary to accurately complete the EEI, Easyship.com will refuse to process the Goods for export. Easyship.ru reserves the right to verify the accuracy of any information (for example, by verifying that the listed export control classification number or product value is correct). In such circumstances, the Client is responsible for all costs associated with the return of the Goods, the transfer of Goods to government authorities, or confiscation and/or destruction of the Goods. The Client also acknowledges that in such circumstances Easyship.ru will not reimburse the Client for the cost of the Goods. 

 

- Client acknowledges that he/she is solely responsible for accurately providing all information required by the laws and regulations of the United States, including information required under § 30 CFR § 30, and maintaining all records as required by law. Client may be subject to civil or criminal penalties by US government agencies for making false or fraudulent statements regarding this information. 

 

-Easyship.ru assumes no responsibility to act as a keeper of records or an agent for storage and accounting of data for the Client or USPPI. The Client is responsible for providing Easyship.ru with all USPPI related information, including its Identification Number and Employer Identification Number (EIN), as well as the Export Control Classification Number (ECCN), Item Code B and all other information required as described in Title 15 Code of Federal Regulations, Part 30 Foreign Trade Rules (FTR). The Client is also responsible for providing the above information to any third-party resources that provide a platform for selling Goods, such as Amazon.com or eBay.com. 

 

14. Dispute Resolution 

 

In the event of disagreements and disputes related to the implementation of the terms of this Agreement, the parties resolve them through negotiations. 

 

If it is impossible to resolve disputes through negotiations, disputes are resolved in court at the location of the defendant, in accordance with the legislation of the country that is the place of consideration of the dispute. 

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