Public Offer

This agreement is a public and official offer by the «EasyShip» online service to an unlimited number of individuals among the visitors of this website to use the services of the «EasyShip» online service (public offer)

All services provided by the Easyship.ru service are governed by the terms of this Agreement. We reserve the right to change the terms of this Agreement at any time, and such changes take effect from the moment they are made to this document. For this reason, you should review this page regularly for changes to the terms of the Agreement.
Please read the terms of the Agreement carefully before registering on the website. By registering on the Easyship.ru website or by using any of the service's services, you accept the terms of this Agreement and become a party to it. If you do not agree with one or more of the terms set out, you must not use the website or any of the services of Easyship.ru.
The services of the Easyship.ru website may be used by persons who have reached the age of 18. Persons under 18 may use the services of the website only under the supervision of their parents or guardians.
By applying to use the services of our website, you grant Easyship.ru the right to verify your personal data directly or through third parties. This may include a request to confirm further information. For example, it may be necessary to confirm your ownership of the email address or the credit card used for payment.

Easyship.ru prohibits any illegal activity by its Clients. The Client undertakes to reimburse the costs incurred by easyship.ru in obtaining legal advice and services  to ensure the Client's compliance with the law.

The Client represents and warrants that he/she is responsible for compliance with all known applicable export and import control laws and regulations in the ordering and receipt of goods and mail under the terms of this Agreement.

These terms apply to export transactions (a standard routed export transaction) where the Client purchases goods in the USA from sellers acting as the exporter (U.S. Principal Party in Interest) as defined by the United States Foreign Trade Regulations. Additional terms are set out below for cases where the Client participates in a direct export transaction as  the Exporter (U.S. Principal Party in Interest).
Membership begins from the moment of registration on the Easyship.ru website. Membership is free for all registered users.

1. DEFINITIONS
The «EasyShip» online service – (hereinafter the Contractor) – the legal entity TBE INTERNATIONAL INC, 620 A str Wilmington Delaware USA 19801, Reg. No. 2304459, 
providing Clients with services for the receipt, consolidation, processing and onward shipping of Clients' goods purchased in the USA or in other supplier countries, as well as the transportation, export/import customs clearance and delivery of the Client's goods, hereinafter referred to as «express cargo», in accordance with the rules for customs clearance and transportation of express cargo in force under the legislation of the Russian Federation and the USA.
Express cargo – goods transported as part of expedited carriage by any mode of transport using an electronic system for organising and tracking shipments, for the purpose of delivering the goods to the recipient in accordance with an individual waybill within the shortest possible and/or a fixed period of time, with the exception of goods sent in international postal items;
Express carrier – any legal entity among the following companies:  “Boxberry”, JSC «Armadillo Business Parcel», carrying out joint activities in the international transportation of express cargo, as well as third parties, including customs representatives, bound to express carriers by contractual relations.
Sender – a legal entity or individual who has handed express cargo to an express carrier or postal company for delivery;
Recipient – the recipient of the express cargo indicated on the front of the express carrier's individual waybill or on the international postal waybill;
Client – an individual who has instructed the Contractor to receive, consolidate, process and forward the Client's goods, the sender or recipient of the express cargo, the bearer of the individual waybill, the owner of the contents of the cargo or any other person who has rights in respect of the cargo;
Goods – any consumer goods intended for the personal use of an individual and not restricted in circulation by the law of the country where the Sender or recipient is located. The purposes of use of the goods are determined in accordance with the legislation of the Recipient's country.
Customs representative – a legal entity of a member state of the customs union or of another country of destination of the cargo, performing customs operations on behalf of and on the instructions of the declarant or other interested parties in accordance with the customs legislation of the customs union or of the country of destination;
Declarant – the person moving the express cargo, or a customs representative (broker), engaged in declaring the express cargo.
Prohibited items – things and materials whose acceptance for carriage is prohibited by the legislation of any country to/through whose territory the cargo is transported.

Site/website – easyship.ru

2. SUBJECT OF THE AGREEMENT.

The Contractor undertakes, on the Client's instructions and for a fee, to perform the following actions in its own name and at the Client's expense, hereinafter the “Services”:

- receipt, storage, sorting and processing of Goods purchased by the Client independently or by the Contractor on the Client's instructions.
- delivery of Goods purchased on instruction or by the Client independently, by handing them over to a postal service and/or carrier to the specified address during working hours and by the chosen delivery method.
- purchase of goods in US online stores and online auctions.
- The Client pays the Contractor a fee according to the rates published on the easyship.ru website in the “Services and rates” section.
- Clients agree that the Contractor has the right to enter into contractual relations with third parties on any terms acceptable to it in order to perform the contract of carriage or part of it, or to provide other services, including customs clearance services.

3. PROCEDURE FOR PROVIDING SERVICES.

3.1 Transfer of funds (topping up the client's personal account)
- The Client's personal account is created at the moment of registration on the easyship.ru website. The personal account may be used by the Client exclusively for the purpose of paying for purchased goods and for the Contractor's services.
- The Client's personal account can be topped up in the manner specified in the “Personal data” section of the easyship.ru website
- When paying for the Contractor's services, the Client simultaneously undertakes to pay any commissions of intermediary banks and/or payment systems arising in connection therewith.
3.2 Placing an order
The Client may place an order with the Contractor to purchase goods using a link to the original product page (the “buy goods” button in the personal account)
- When describing the goods, the Client must indicate the full price of the goods set by the Seller on the seller's marketplace website, the cost of delivering the goods to the Contractor's warehouse in the USA, as well as the amount of sales tax or other taxes in force in the country of purchase. If the Client has not provided the necessary data or the data has changed, the Contractor has the right to unilaterally deduct from the Client's User account the amount required to cover the costs incurred in purchasing the goods specified by the Client. If there are insufficient funds in the Client's User account to pay for the goods in full, the goods may be purchased with a debt arising on the account. If this debt is not repaid by the Client within 10 days, the goods are returned to the seller and the Client is charged the commission for the Contractor's services, the cost of delivery to the Contractor's warehouse and of the return delivery to the seller.
- When specifying a size (of clothing, footwear, etc.), US sizes must be given, as indicated in the Seller's online store.
- The Contractor does not participate in  the bidding process on auction websites such as eBay. After you win, our personal manager will act as your representative and buy the item. To complete the purchase on your behalf, you need to provide us with the seller's PayPal email address. The Contractor undertakes to pay the seller for the goods provided that the seller ships within the USA.
- If the seller has not shipped the goods, the Contractor makes every effort to recover the funds paid but does not guarantee their return, and in this case does not compensate the Client's losses. The seller is chosen by the Client, and the Contractor is not responsible for the seller's actions.
- If the Client refuses, at their own request, goods that have been paid to the seller (including goods purchased with a debt arising on the Client's User account), the Client is charged the cost of returning the goods to the seller, and the commission is not refunded. If the goods are refused after a dispute has been opened with the seller, 50% of the commission is refunded if the warehouse inspection service was ordered for the goods in advance, and it is not refunded if the warehouse inspection service was not ordered in advance. Refusal of a purchase from an eBay auction is not possible if the seller has not specified return rules in the lot description. If return rules are specified, a return is possible in accordance with those rules.

- The Client bears sole responsibility for compliance with any terms of sale of the seller of the goods. The Client acknowledges that the Contractor is not responsible for any actions taken by the seller in respect of the Client's goods to enforce the seller's terms of sale.

- The Client is also responsible for informing the seller that any goods purchased and shipped to the Contractor's warehouse will ultimately be exported from the United States. The Client  is responsible for ensuring that the seller provides the export classification of the goods and determines whether any export licences are required for the goods. The Client must ensure that goods requiring an export licence or that are controlled for export are not shipped to the Contractor's warehouse.

4. RECEIPT OF GOODS, STORAGE, WAREHOUSE PROCESSING.

- Upon registration the Contractor provides the Client with a unique STE number for receiving  the Client's parcels at the Contractor's warehouse in the USA before they are sent for export.

- The Contractor undertakes to accept at its warehouse goods delivered by the postal service (carrier) from the seller. The period of free storage of the Client's goods at the warehouse is 90 calendar days. For storage of the Client's goods beyond the free storage period, the Contractor charges a storage fee. The free storage period begins upon the actual arrival of the goods at the Contractor's warehouse. After the free storage period ends, the Client must send the goods for packing or extend the storage period. The Contractor has the right to dispose of the goods if, at the end of the free storage period, the Client has not sent the goods for packing or extended the storage period.  For storage of the Client's packed parcel beyond the free storage period, the Contractor charges a storage fee. The free storage period begins when the parcel is packed at the Contractor's warehouse. If the free storage period expires and the Client refuses to extend the storage of the parcel, the Contractor has the right to dispose of the goods. If goods have been sent for disposal due to expiry of the storage period or by the Client via the personal account, the Contractor may return the goods to storage at the Client's request, provided the goods have not physically been disposed of. The cost of this service is 10 USD per order. Incoming orders stored for more than 4 months are subject to disposal; already packed parcels may be disposed of after more than 2 months of storage from the moment of packing. A user who has not extended the storage period gives their consent to the disposal of incoming orders stored for more than 3 months and packed parcels stored for more than 2 months. Funds, including but not limited to the cost of the goods and the Contractor's fee, are not refunded for disposed goods.

- If additional fees, duties, taxes, etc. must be paid for the Client's independent purchases upon arrival at the warehouse, the Contractor notifies the Client of the need for such additional payment and the amount required. If the Client refuses to pay the specified costs, the Contractor will be forced to refuse to accept the goods/parcel at the warehouse.
- The Contractor undertakes to pack the goods received at the warehouse for the Client according to the instructions in the “Warehouse” section of the personal account. If the Client's parcel cannot, by weight or dimensions, be shipped by the delivery method specified by the Client, the Contractor has the right to change the delivery method of the Goods automatically without agreement with the Client.

- To use the “Your address in the USA” service, the Client's identity and the legitimacy of the purchase must be confirmed by providing the Contractor, at its request, with  copies of identity documents. It is prohibited to use the “Your address in the USA” service to order goods in instalments or cash on delivery, to register an eBay account, to open bank accounts or credit cards, or for any purposes other than receiving parcels.

- When the Client uses the “Your address in the USA” service, delivery of parcels to the warehouse is possible only to addressees whose surname, first name and patronymic (hereinafter full name)  match the full name of the holder of the bank card used to pay for the goods delivered in the parcel. If the Contractor has payment documents unambiguously proving that the goods were purchased using the bank card details of another person, the goods are placed in storage at the Contractor's warehouse and blocked, together with the blocking of the Client's personal account.

- When the Client uses the “Your address in the USA” service, delivery of parcels to the warehouse is possible only to addressees whose full name matches the full name indicated in the Invoice (delivery note) received from the online store.
- Since the Contractor bears legal responsibility for outgoing shipments, it reserves the right to open any parcel arriving at the warehouse to check it for prohibited contents. The Contractor has the right to refuse to ship any goods it considers non-compliant with export/import requirements. If prohibited goods arrive at the warehouse, their return or disposal is carried out at the Client's expense.

- The services of easyship.ru consist in acting as the Member's agent for the purposes of consolidation and export, receiving the Client's goods, which will be sorted, packed and consolidated. On the Client's instructions, the Contractor arranges export to the Client's specified local address through unaffiliated service providers acting as freight forwarder and/or carrier for the shipment. The Contractor is not a freight forwarder , but rather acts as the agent of the shipper (the Client).

 ·  The Client's STE number must be used solely for the purpose of consolidating parcels. The Client  confirms that their STE number at the easyship.ru warehouse  is their address only for the delivery of parcels for subsequent transfer for export. The Client warrants that the address of the Contractor's warehouse will not be used, including but not limited to,  as the address of the Client's business or residence, for opening credit cards, for submission to other financial institutions, or 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 goods/parcels not specified in the Services section is considered by the Contractor on an individual basis at the Client's request. The cost of other work is assessed on an hourly basis at the rate specified in the Services section. If additional packaging or other materials are used, the cost of the materials used is paid separately from the cost of the work.

- If the Client's Order is not found at the warehouse after its arrival at the warehouse, the Client is entitled to compensation after 60 days from the date of arrival (assignment of the "In warehouse" status to the order)

4.1. Terms of returning goods
- The Client has the right to demand the return of goods to the Seller, if the purchase was made on the Client's instructions, only where the Seller has explicitly stated the possibility and terms of returning the Goods.
- In the event of a return, the cost of delivery from the Client to the Contractor and from the Contractor to the Seller, as well as in the reverse directions, is paid by the Client.
- The Contractor decides on the possibility of returning goods entirely on the basis of the Seller's decision on the possibility of return. If the Contractor discovers a defect, a discrepancy with the declared name, or a shortage of goods without the Client having pre-ordered the inspection service for the goods, a return is possible provided the Client pays for the dispute-handling service with the Seller.
- If the Seller decides to refuse the Client's 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 Seller's terms, including but not limited to the deadlines, procedure and amount of compensation.
- When calculating the deadlines for returning Goods to the Seller, the Client must take into account the time of delivery of the Goods from the Client to the Contractor, the time of processing the return at the Contractor's warehouse (3–5 business days) and the time of delivery of the Goods from the Contractor to the Seller.
- Funds are refunded to the Client after the Seller has fully refunded the cost of the goods to the Contractor.
- The commission for the Contractor's services is not refunded, regardless of the Seller's decision.
- When exchanged goods are re-shipped, the Client pays the full cost of order processing by the Contractor in accordance with the rates specified on the easyship.ru website.

5. DELIVERY OF GOODS

Goods are delivered by the methods, on the terms and at the rates specified in the “Rates” section of the easyship.ru website by handing them over to the following postal companies and/or express carriers. The rate can be calculated in the Delivery Calculator by successively selecting the relevant country, delivery region and weight

- Payment for the delivery of Clients' goods is made separately from payment for the Goods themselves. The cost of delivering goods to the Client is indicated after the goods have been packed and weighed. After packing, the Contractor does not open packed parcels and does not change the goods. A parcel will be shipped only after the Client has paid the delivery cost in full. 
- The Contractor undertakes to hand over the packed parcel with the Client's goods to the postal service or express carrier that the Client specified in the “Warehouse” section of the personal account.
- The services are considered fully performed 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 actions of the state postal service, courier services and transport companies (express carriers) and cannot influence the speed of delivery. The delivery times indicated on the easyship.ru website are approximate.

 - If the delivery deadline for a parcel is missed through the fault of the Contractor, the Client is entitled to demand a penalty of 0.1% of the value of the goods in the parcel, but not more than the cost of the delivery rate.

- In the event of an insured event (damage, shortage, loss in transit) and provided the Client has paid for insurance, the Contractor, at the Recipient's request, files a claim with the relevant service for reimbursement of the insured amount. 

Important: parcels shipped by the easyship priority method are not insured.

- A parcel is considered lost if 60 days have passed since it was shipped.

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

- An insurance claim is submitted in writing to  (claim@easyship.ru).

- If the Client wants to insure a parcel, it is mandatory to order a photo of the contents at the warehouse, and to fill in the description of the goods accurately and correctly. 

- To receive insurance compensation, the Client undertakes to provide documents confirming the value no later than 7 days after notification of the loss of the parcel.

-  Provide sufficient documentary evidence to substantiate the claim within 7 days of the initial claim. The materials provided may include:

• a shortage report (form 51) drawn up and certified by an employee of the delivery service.
• a courier must be present when the parcel is opened, who can confirm the absence of items in the parcel or their damage. Alternatively, the opening process must be filmed at the pick-up point or post office, starting with a video of the parcel's packaging from all sides and continuing to the end of the unpacking process, to give a complete picture of the contents of the parcel. The parcel must be entirely in the frame throughout the filming.
• a report on the difference in weight/opening of the parcel, if other supporting materials are also available
• clear and detailed photographs of the goods and of the defects in the event of damage
• an expert opinion if necessary.

- Providing documents to confirm the value is mandatory. These documents must contain billing information, the name of the goods, the value and the tracking number. Documents provided to confirm the value must be in pdf or jpg format

- The Client undertakes to keep all documents, goods and the parcel packaging in the original condition in which they were received until the Contractor has made a decision on the claim.

- The Contractor undertakes to consider the Client's insurance claims and make a decision on payment within 7 to 30 calendar days from the moment the Client provides all the materials necessary for the claim to be accepted.

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

• The Client reported the loss/damage later than the permitted tracing period, or later than 5 calendar days after delivery of the parcel
• The Client refused/was unable to provide documents substantiating the claim within the 7-day period
• The Client refused/was unable to confirm the invoice value of the contents
• Overstatement of the declared value was detected
• The parcel was detained/confiscated by customs authorities or other government services.
• The parcel was found and delivered after being declared lost.

- Insurance compensation for a shortage in a parcel is calculated on the basis of the value of the goods declared by the client in the EasyShip parcel/order and cannot exceed the invoice value of the missing goods. The delivery cost is not refundable in the event of a partial shortage.

- Insurance compensation for damaged goods is calculated depending on the nature of the damage and the assessment of the damage caused to the goods.

- If the Client has received the goods, they may count only on partial compensation, except in cases of total damage resulting in the complete destruction of the goods. The amount of partial compensation will be calculated individually in each case. The delivery cost for damaged contents is not refundable.

- The Client may receive full reimbursement of the invoice value of damaged goods, provided the goods are returned. The return address will be provided to the Client on request via messages. The cost of shipping the damaged contents is paid by the Client.

- If the Client refuses damaged goods at the moment of delivery and the parcel is returned to the sender, the contents are requisitioned by the Contractor and the Client is paid the full amount of compensation according to the invoice value. The delivery cost is not refundable.

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

- Compensation is paid via PayPal or to the balance of the personal account.

- The cost of the insurance service is 3% of the value declared by the client when taking out insurance.

- The maximum insurance payout may be equal to, but may not exceed, the invoice value of the contents.

- If a parcel previously considered lost, for which the Contractor has already paid compensation, is found, the amount of compensation paid must be returned to the Contractor.

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

- The Client may instruct the Contractor to forward parcels that have arrived at the Contractor's warehouse to the address specified by the Client in the instruction, with payment of the delivery cost of the goods, the services rendered and other expenses arising in the performance of this instruction upon receipt of the goods. 

Compensation for a parcel not insured by the client is paid if:

- the carrier has acknowledged the loss of the parcel on its side,

- the carrier has reimbursed the EasyShip service for the value of the parcel (within 60 days after the carrier sends the information to the service).

The compensation is a maximum of $30 and cannot exceed the invoice value of the parcel/goods.

In disputed situations, and provided the client supplies a video of the parcel being opened as well as documents confirming the purchase of the goods (invoices), the EasyShip service may provide the Client with a video of the parcel being packed. The cost of the service is $10.

 The maximum payout in any dispute concerning orders/parcels may be equal to, but may not exceed, the invoice value of the contents.

6. CUSTOMS SUPPORT.
- In accordance with the terms of this agreement, Clients appoint the licensed customs representatives OOO “Opinter”, ZAO “Unitrade”, JSC «Armadillo Business Parcel», OOO "Tanais", OOO "GBS-Broker" as their agents for the purpose of 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 to carry out customs clearance.

- The Client agrees to the conclusion of a customs representation agreement with any other customs representative engaged on behalf of the Contractor or on its instructions. The customs representation agreement for the purpose of customs declaration of goods is considered concluded with the Client from the moment the individual waybill for the express cargo is generated.
- If the customs authorities require additional documents to confirm customs declarations for the import of goods delivered by the express carrier, or the Express carrier's right to carry out customs clearance, the required documents are provided 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 inaccurate or knowingly false information about the goods or the contents of a parcel is provided, a civil claim may be brought against them and/or they may be held administratively or criminally liable, as a result of which penalties 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 with customs clearance and other procedures, but all risk will be borne by the Client. The Client undertakes to compensate the Contractor for losses and to hold it harmless from claims that may arise in connection with the information provided by the Client, as well as from any costs the Contractor may incur in connection with the foregoing, and to pay any administrative expenses associated with the provision of the services provided for in these terms.
- The Contractor is not liable for the Client's obligations regarding the collection of customs duties on the delivery of Goods.
- The Client pays customs payments, taxes, duties and fees in the full amount due independently using the details specified by the customs representative, or instructs the customs representative carrying out the customs clearance of the Client's goods to pay them on the Client's behalf, with reimbursement to the latter of the customs payments made for the Client. The method of payment depends on the method of customs clearance chosen by the customs representative.
- Any customs payments, taxes (including but not limited to value added tax, if payable), fines, storage costs or other expenses that the Contractor may incur as a result of the actions of customs or other government authorities, or because the Client was unable to provide the proper set of documents and/or obtain the necessary licence or permit, will be billed to the Client.
- The Contractor will make all necessary efforts to speed up the customs clearance process, but cannot be held liable for delay, loss and damage resulting from the actions of customs or other government authorities.

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

7. ITEMS PROHIBITED FOR CARRIAGE AND DANGEROUS GOODS
Dangerous goods
- The Contractor does not accept for carriage cargo which, at its discretion, is deemed dangerous or which may cause harm to the cargo of other Clients
Items prohibited for carriage
- The Contractor does not accept for carriage cargo containing items prohibited by the legislation of the countries of departure and  destination.
- The Contractor does not accept for carriage cargo requiring temperature control

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

- The Client acknowledges that the Contractor will not directly or indirectly participate in any transactions involving any goods, software or technology (hereinafter collectively «goods») exported or to be exported from the United States that are subject to ITAR or that would require an export licence under the EAR, except where an item subject to the EAR is eligible for an export licence exception that has been approved by the Contractor. The Client also acknowledges that the Contractor does not permit the use of exemptions under ITAR. Additional information about the goods you can and cannot ship through the easyship.ru service is available on the page «https://easyship.ru/zapretusa» (the list may be incomplete and may be supplemented at any time)

- The Client is responsible for ensuring that the prohibited items listed on the prohibited and restricted goods page are not shipped to the address of the Contractor's warehouse and are not included in parcels for export. The Contractor reserves the right to return parcels to the sender(s) for any reason, to provide parcels (and information about them) to government authorities, or otherwise to dispose of parcels (including by selling confiscated goods with the proceeds going to charity, destruction, etc.). Additional information is available on the page «https://easyship.ru/zapretusa». The United States Government provides general information about US export requirements on the Export.gov website.

The period for the Client to make a decision after being notified that goods cannot be shipped is 10 calendar days. After this the Client may not make any claims regarding these goods.

8. RIGHT OF INSPECTION
- The Client agrees to the right of the Contractor or the customs representative, and of authorised government authorities, including customs, to open and inspect cargo in order to comply with the law or to prevent possible harm to other cargo, as well as in the event of suspicion of impermissible or dangerous contents.
- The Client agrees to the right of the Contractor or the appointed customs representative, on behalf of and on the instructions of the Client, to be present during customs inspection and the performance of other customs operations and formalities.

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 set out in this Agreement, and to fulfil the Client's requirements related to the performance of these services, provided that the requirements do not contradict the Agreement, the information given on the easyship.ru website, or the applicable legislation of the USA and the Russian Federation.
- The Contractor undertakes to keep the personal data provided by the client confidential (including passport details, card number, eBay account login details, etc.) and not to disclose it to third parties unless required to fulfil the terms of this Agreement.
- To provide the Client with information on the execution of the instructions specified in this Agreement.
- The Contractor reserves the right to refuse to purchase any goods for the Client without giving reasons.
- 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 media the Client's written reviews left by the Client in the "Reviews" section or in Messages in the Client's Personal Account on the easyship.ru website

9.2 RIGHTS AND OBLIGATIONS OF THE CLIENT

- The Client undertakes to pay in a timely manner and in full the cost of the ordered goods, the cost of their delivery to the Contractor's warehouse, taxes, duties, customs fees and other expenses arising in connection with the provision of services by the Contractor, as well as the Contractor's commission and the cost of delivering the goods to the Client. In the event of non-payment, the Contractor has the right to suspend or terminate service to the Client.
- Until the Goods are received, the Client undertakes to keep all documents (bills, invoices, receipts, bank statements) confirming payment for the Goods or Services.
- The Client undertakes not to use the Goods for business purposes.
- The Client undertakes to independently monitor the arrival of goods at the Contractor's warehouse and their onward forwarding to the Recipient
- The Client is responsible for ensuring that the purchased goods comply with the delivery conditions of the postal service (carrier) and the customs legislation of the country in which they are located, including but not limited to the dimensions, weight and contents of the goods, as well as the dimensions and weight of the packaging required for transporting the goods to the Client by the Postal service (carrier).
- The Client is responsible for providing the Contractor with timely and accurate information necessary for the provision of the Services, including about Goods purchased independently, by providing the Contractor with:

If such information is lacking or there are doubts about its accuracy, the Contractor has the right to suspend the provision of Services.
- The Client undertakes not to contact sellers/online stores directly on matters relating to goods that were purchased for them by the Contractor. When goods are purchased for the Client, the parties to the transaction are the Contractor and the seller/online store, so the Client should contact the Contractor for clarification, and the Contractor in turn requests the information from the seller/online store and passes it on to the Client.

10. LIMITATION OF LIABILITY AND FORCE MAJEURE

• The parties are released from liability for partial or complete failure to perform obligations under this Agreement if such failure was the result of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events which the party could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary events include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or military action, disruptions in local or national air and ground transport networks, technical failures in transport and equipment; hidden defects or inherent defects in the contents of the cargo; criminal acts of third parties such as theft and arson; acts or omissions of customs authorities, airline and airport employees or government officials, the fact that the contents of the cargo are a prohibited item, including where the Express carrier accepted the goods for carriage by mistake.
• The Contractor is not liable for any expenses of the Client or direct or indirect damage that may be caused to the Client as a result of using the Contractor's services, as a result of using or being unable to use the Services, and incurred as a result of errors, omissions, interruptions, deletion of files, changes in functions, defects, delays in data transmission, etc.
• The Contractor is not liable for the actions of related services used to provide the Services to the Client but not owned by the Contractor, such as banks, postal services, internet providers, email services, payment systems, etc.
• The Contractor is not liable for the time of delivery of goods from the Seller to the Contractor.
• The Contractor is not liable for the time taken to receive replies from Sellers and reserves the right to contact the Seller 14 days after the purchase of the goods.
• The Contractor is not liable for the quality and completeness of goods received at its warehouse, and does not provide a warranty for goods purchased by the Client using the Contractor's Services.
• The Contractor does not check goods received from the Seller for compliance with the characteristics declared by the Seller, and in the event of a Seller's error is not liable for the non-conformity of the goods. Inspection of Goods is a separate service provided for a fee, according to the rates specified on the easyship.ru website.
• Easyship is not the owner or seller of the goods. All brands and trademarks listed in online offers and catalogues belong to their rights holders.
  The use of brands and trademarks, and all information on the product pages of the Easyship website, is for information purposes only, does not constitute a commercial offer, and serves to acquaint users with the catalogues of foreign marketplaces.
  For the convenience of users, the Easyship website may contain links to other websites. Easyship does not accept responsibility for the content of third-party resources.
• The Contractor is not liable for the bad faith of sellers chosen by the Client in cases where: the goods were shipped late; the goods were shipped but do not match the description; the goods do not work (although declared as working); the goods were not shipped at all (cases of fraud)
• The Contractor is not responsible for in whose interests, at whose expense,  and on whose instructions  the Goods delivered by the Seller  to the Contractor's warehouse were purchased. 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 co-defendant in 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, and payment systems.
• If the invoice is filled in by the Client or by the Contractor's authorised representatives on the Client's instructions given in the personal account, responsibility for the correctness and completeness of the information specified in the declaration and invoice lies with the Client.
• The Contractor compensates the Client's losses at the Client's request, and only if the claimed losses were the result of errors made by the Contractor in the provision of the Services. The amount of compensation may not exceed the value 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, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

o You may not publish, post, advertise,  distribute or upload any defamatory, infringing, obscene, indecent, offensive, abusive, inflammatory, objectionable or unlawful material or information

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

o You may not publish, advertise, distribute or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations, or that may otherwise conflict with these Terms of Use or the Privacy Policy.

o You may not upload files that contain viruses, Trojan horses, worms, corrupted files or any other similar harmful or malicious software, code or programs that may damage the operation of another computer or of the easyship.ru website

• You may not delete or alter any author attributions, legal notices or  proprietary designations or labels in any information that is published, advertised, distributed or uploaded.
• You may not falsify the origin or source of information or materials published, posted, advertised, distributed or uploaded.
• You may not conduct or forward surveys, contests, mailings or commercial offers.
• You may not download any material or information published, posted, distributed or uploaded by another user which you know, or reasonably should know, cannot be legally distributed in such a manner.

•             You may not provide another person's personal information without his or her express permission.
•              You may not provide personal information about persons under the age of 13. 

• You may not access or attempt to access the systems, environments, networks, files, data or accounts of easyship.ru, or log in to a system to which you do not have access.
• You must not attempt to circumvent or undermine system or network security mechanisms, or test the security of any system, network or account associated with or used in conjunction with the Website.

 12. Compliance with laws

A. Compliance with export/import laws

- The Client is responsible for and warrants compliance with all applicable laws, rules and regulations, including but not limited to import and export laws, as well as the government regulations of any country from which delivery is made and through which the goods may be transported. This responsibility includes determining and fulfilling 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 country of destination.

- The Client represents and warrants that all of their activities will be conducted in accordance 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 Member resides, operates or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions and boycotts, the Arms Export Control Act (22 USC 2778), the International Emergency Economic Powers Act (50 USC 1701 et seq.), the Export Administration Act of 1979 (50 USC 4601-4623), the International Traffic in Arms Regulations (22 CFR 120 et seq.), the Export Administration Regulations (15 CFR 730 et seq.), the Foreign Trade Regulations (15 CFR Part 30) and all rules, regulations and orders relating to any of the foregoing, the laws administered by the Office of Foreign Assets Control of the United States Department of the Treasury, the laws administered by 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 the «Export, Import, and Economic Sanctions Laws»). Additional information about controlled goods that you cannot ship to the address of the contractor's warehouse is available on the page 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 be exported through a freight forwarder or carrier to the recipient's address or, if the Client resells the goods, the Client can identify the end users and provide the Contractor with any requested information about such end users, (b) any and all goods that will be consolidated by the Contractor at the Client's request will be used in the country to which the Client ships the goods, and (c) the Client will not re-export the goods or ship the goods to another destination. The Client may not return  to the United States or resell into the United States any food products or dietary supplements that 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 freight forwarder or carrier chosen by the Contractor.

 - If you are a reseller, you agree to comply with the following terms:

1. As a condition of using the easyship.ru service, you agree to comply with all of the Contractor's terms. The most recent version of the easyship.ru Terms of Service is available at https://easyship.ru/oferta. The easyship.ru Terms of Use may be changed at any time.

2. You must not use, transfer, re-export, resell or otherwise dispose of any goods consolidated and/or exported using the services of easyship.ru to any recipient, end user or for any end use prohibited by the laws of the United States. By signing and returning this letter, you agree that you will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses you add to your account, and the customers to whom you resell, do not appear on the lists of persons and companies prohibited from receiving exports from the USA (the Department of Commerce’s Denied Parties List or Entity List; the Department of State’s Debarred List; or the Treasury Department’s Specially Designated Nationals List).

 3. You acknowledge that goods consolidated and exported from the United States using the services of easyship are subject to the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by US export/re-export regulations if it is:

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

·          - 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 US company anywhere in the world.

Thus, goods consolidated and exported from the United States using the services of easyship.ru are subject to EAR controls.

We have attached links to the 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

http://export.gov/ecr/eg_main_023148.asp

4. You represent and warrant that the goods you purchase for resale will be sold by your organisation, and that in respect of such goods you will comply with the applicable laws governing the export, import and provision of goods and services in the United States and in the jurisdiction in which the end user of your goods is located, 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 USC 2778), (50 USC 1701 et seq.), the Export Administration Act of 1979 (50 USC 4601-4623), the International Traffic in Arms Regulations (22 CFR 120 et seq.), the Export Administration Regulations (15 CFR 730 et seq.), the Foreign Trade Regulations (15 CFR Part 30) and all rules, regulations and orders relating to any of the foregoing, the laws administered by the Office of Foreign Assets Control  of the U.S. 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. You also warrant that any person or name to whom you ship, directly or indirectly, does not appear on a US list of prohibited persons or companies. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.

5. You also agree that you comply with all regulatory requirements in respect of products classified under Export Control Classification Number (ECCN) 3A991.a.1. In particular, you confirm that, in accordance with section 744.17 of the EAR, you will not re-export items classified as 3A991.a.1 without an export licence from BIS if you have reason to know, or are otherwise informed, that the item will be or is intended for military use by an end user or a military end user in any of the countries listed in Country Group D:1 (the list of countries in Country Group D:1 is available at

http: //www.bis. doc.gov/encryption/740supp1.pdf

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

 7. You acknowledge that when purchasing goods you are responsible for notifying, and agree that you will notify, the US 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 the Contractor with all information that may be required from the USPPI for export purposes, including but not limited to the export control classification number and the USPPI's taxpayer identification number (if the electronic filing of Electronic Export Information ("EEI") through the Automated Export System ("AES") is required).

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

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

Before making a shipment on behalf of such a customer, you must provide the Contractor with the details of your customer. They must be added to your easyship.ru account as an additional recipient. Ultimately, you are responsible for screening to ensure that you are not exporting goods to prohibited persons,

Your customers must also confirm in writing (or by electronic confirmation) that they are bound by the terms of the Contractor's Agreement. The Contractor has the right to request a copy of this letter at any time. Before entering into a transaction with these persons, you must have your customers sign the following letter:

«These goods will be exported from the USA using the easyship.ru service. By making this shipment, you agree to comply with the terms of the easyship.ru service, which are available at https://easyship.ru/oferta.» 

B. Restrictions and prohibitions relating to end users, sanctions lists and embargoes

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

0. Cuba

1. Iran

2. Myanmar

3. North Korea

4. Sudan

5. Syria

6. Libya

7. Ukraine: Crimea region

The Contractor will not provide services to individuals and/or legal entities listed 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 the laws and regulations in force. The Contractor will also not provide services to any individual or legal entity that is directly or indirectly involved in the financing, commission or support of terrorist activity, or in the development or production of nuclear, chemical or biological weapons or missile technology programmes, as specified in the U.S. Export Administration Regulations (15 CFR part 744).

- Under no circumstances may the Client ship goods to any Prohibited Person (as defined herein). For the purposes of this Agreement, «Prohibited Person» means (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"  as defined in the Foreign Assets Control Regulations of the United States Department of the Treasury, 31 CFR, 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 (which list is available on the OFAC website); (b) the government of Cuba, Iran or Sudan, including any political subdivision, agency or instrumentality thereof, or of any other country against which the United States maintains economic sanctions or an embargo under the OFAC Regulations or an Executive Order; (c) a person acting or purporting to act, directly or indirectly, on behalf of, or a person owned or controlled by, any government, individual or group against which the United States maintains economic sanctions or an embargo under the OFAC Regulations or an Executive Order; (d) a person described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 24 September 2001; (e) a person on any other list of terrorists or terrorist organisations maintained under any of the OFAC rules or regulations or under any other Executive Order; or (f) a person in violation of any other similar import law, regulation or Executive Order, as each such law has been or may be amended, modified or reviewed from time to time.

- If the Client is considered a potential Prohibited Person, or asks the Contractor to arrange the shipment of items to an individual or entity believed to be a Prohibited Person, the Contractor may ask the Client to provide documentation to prove that the Client and/or the individual or entity to whom the goods are to be exported is not a Prohibited Person. If the identity of the Client and/or the individual or entity to whom the request to export items was made cannot be proven in accordance with the Contractor's requirements, the Contractor reserves the right to remove the delivery address of such potential Prohibited Persons from the Client's account. The Contractor also reserves the right to request from the Client a signed Statement of Assurance stating that the Client understands his or her obligations under US export law and that the Client will conduct screening to ensure that the Client's goods are not exported to Prohibited Persons using the services of the Contractor or its unaffiliated freight forwarders and/or carriers. For more information about Prohibited Persons, including a tool that will allow you to look up the names 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. NOTWITHSTANDING THE FOREGOING, THE CONTRACTOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE WEBSITE BY YOU OR BY A THIRD PARTY. If you believe there is fraudulent activity in relation to your account, you must immediately contact the Contractor by email at fraud@easyship.ru or through the stop fraud section of the website,  and the Contractor will cancel such account.

- You may not use the easyship.ru website for network marketing,  pyramid schemes, the receipt of cheques and/or money transfers, 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 complies 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 keeping all records as required by law. You may be subject to civil or criminal penalties by the US government for false or fraudulent statements regarding such information.

13. Appointment of TBE International Inc as the Client's agent.

As a Client of the easyship.ru service, you grant the Contractor written authorisation to act on your behalf as your true and lawful 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 the waybill or any other document required for the export of goods to the Client's country;

- to enter into service agreements on your behalf and to authorise the parties to such agreements to provide services, with authority to prepare all documentation required for the processing and delivery of all shipments; and 

- authorisation for the freight forwarder and/or carriers and/or customs brokers to carry out customs clearance.

- If EEI is required for the goods (for parcels worth more than 2,500 USD or requiring an export licence), Easyship.ru will provide the necessary export information on behalf of the Client as  agent in accordance with this section. If the Client or the USPPI does not provide all the information required to complete the EEI accurately, Easyship.ru will refuse to process the goods for export. Easyship.ru reserves the right to verify the accuracy of any information (for example, by confirming the correctness of the stated export control classification number or the value of the goods). In such circumstances the Client is responsible for all costs associated with the return of the goods, the transfer of the goods to government authorities, or the confiscation and/or destruction of the goods. The Client also acknowledges that in such circumstances Easyship.ru will not reimburse the Client for the value of the goods.

- The Client acknowledges that he/she bears  full responsibility for accurately providing all information required by the laws and regulations of the United States, including the information required under § 30 CFR § 30, and for keeping all records as required by law. Civil or criminal penalties may be imposed on the Client by US government authorities for false or fraudulent statements regarding this information.

- Easyship.ru does not assume responsibility for acting as a record keeper or as an agent for storing and recording data for the Client or the USPPI. The Member is responsible for providing Easyship.ru with all information relating to the USPPI, including its identification number and Employer Identification Number (EIN), as well as the Export Control Classification Number (ECCN), the Schedule B commodity code and all other information required as described in Title 15 of the «Code of Federal Regulations», Part 30 «Foreign Trade Regulations» (FTR). The Client is also responsible for providing the above information for 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 performance of the terms of this Agreement, the parties resolve them through negotiation.

- If disputes cannot be resolved through negotiation, they are resolved in court at the location of the defendant, in accordance with the legislation of the country where the dispute is heard.