AGREEMENT FOR SERVICES AND POSTAL ADDRESS - SERVICES AND GENERAL OBLIGATIONS
1. SERVICES IN GENERAL: This agreement is entered into by and between SkyShop Logistics, Inc. “SkyShop” (hereinafter referred to as "SkyShop") and You (hereinafter referred to as the "Customer") for the use by the Customer of the Globalshop services. The Globalshop services available to you through this website are exclusively available to you as a registered customer of Globalshop Limited (“Globalshop”) and are provided by Skyshop. SkyShop will provide the Customer with 2 (two) postal/street addresses, which will be assigned for his/her exclusive use in Miami-Dade County, State of Florida, USA and in London, UK (the "Suite"). The SkyShop service consists of the receipt of mail and/or merchandise, screening, consolidation, forwarding and air shipment from Miami, Florida, USA or London, UK to the home country of the Customer, including final local delivery to the address as identified by Customer in the Registration Page (the “Delivery Point”), including all actions required for customs clearance. The Customer will inform SkyShop of the Delivery Point in writing (electronically) in the "Registration Page", which shall include the exact address where the mail and/or merchandise should be delivered.
Customers shall always have the option to reject unsolicited mail and/or shopping catalogues ("Junk Mail"). Notwithstanding this, and in spite of our best efforts, we cannot assure that all unsolicited mail pieces will be removed by our screening process. Therefore, Customer agrees that neither SkyShop nor Globalshop shall be deemed responsible for costs involved with unsolicited mail.
You acknowledge that SkyShop reserves the right not to accept any order for the Globalshop delivery service from You and/or to limit the number of orders that can be placed for the Globalshop delivery service by You.
2- PAYMENT AND COSTS:The Customer hereby authorizes GlobalShop to charge the Customer’s American Express Card the following for the charges for the services:
a) The annual membership fee (if applicable) for the assignment of the postal address ("Annual Fee"). Each year, the Annual Fee will be automatically charged to the Customer’s American Express Card, upon renewal of the membership, under the discrimination "GlobalShop Annual Membership."
b) Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by GlobalShop.
c) Import taxes and other taxes;
d) Expenses for local shipment to destination;
e) Insurance costs (the cost of insurance will be automatically included in the total Customer costs per shipment). GlobalShop offers free damage and loss coverage to the objects and merchandise stored by and under control of GlobalShop, limited to the value of US $200.00 or equivalent in local currency (of the Customer’s home country). The GlobalShop responsibility is limited to its obligations for handling the packages in Miami, Florida, for the procurement of products for the Customer in Miami, Florida, and for the courier services to the local destination, except when there is any applicable law or treaty. GlobalShop offers this insurance directly to the Customer, with the management assistance and provision of a master insurance policy, by a third party insurance industry specialist. The Customer acknowledges and accepts that GlobalShop may, at its option, obtain insurance coverage and advise the Customer accordingly and on any [insurance] charges may that apply. GlobalShop will automatically charge a fee of US$2.00 for every US$100.00 in [the insurance] value of the goods purchased up to a maximum value [of each merchandise] of US$2500.00. Customer understands and agrees that any such coverage will have a limited value of as much as US $2,500. In accordance with the applicable laws and regulations and the terms of its master insurance policy, GlobalShop does not allow customers the option of choosing not to insure their goods. The Customer is responsible for securing insurance to cover values in excess of US $2,500. In addition, the Customer shall be the responsible for obtaining information about non-insurable products. If any questions arise concerning product insurance, please contact Customer Service.
f) If GlobalShop is not able to receive an approval from the Amex Card operator and the Customer has not provided another valid Amex card, the package shall be considered abandoned and shall become the property of GlobalShop and at the sole option of GlobalShop be discarded, sold or returned to the seller after sixty (60) days from its arrival to our warehouse in Miami, FL.
g) The annual or monthly fee (if applicable) for a given country for the assignment of the Suite will be clearly stated upon initial registration or annual renewal of the Suite. The Suite number will only become available to the Customer after the final Amex card approval. Customer shall have no right to have any mail or packages delivered to the Suite until such credit approval is obtained by GlobalShop. GlobalShop will charge the Customer the expenses with freight, customs rights, handling and shipment, as well as possible commission costs if applicable, upon arrival of the merchandise or material to the assigned Suite. The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer. GlobalShop shall not be responsible for possible delays in the merchandise delivery caused by expired, denied or void Amex cards.
3. DOCUMENTS OF CHARGES AND COSTS: SkyShop will make available to the Customer, upon reasonable request, documentation regarding charges and costs (fees and import taxes) which are the subject of charges.
4. PERMIT AND AUTHORIZATION: The Customer grants SkyShop unrestricted power to accept mail, documents, merchandise or any other parcels addressed to the Customer which is sent to the Customer’s allocated Suite. The Customer grants permission and authorization for SkyShop to perform the necessary procedures, such as opening and verifying the contents of merchandises to ensure complete orders, undamaged merchandise, completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer agrees to take any action or sign any document which becomes necessary to update or enhance the permission and authorisation granted to SkyShop under this Clause 4. The Customer hereby agrees that Globalshop shall not be deemed responsible for any claims against SkyShop for the reception, handling, consolidation and/or shipment of the Customers merchandises, except for cases in which Globalshop has acted in a fraudulent or grossly negligent manner.
5. CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION:
i.The Customer shall be responsible for any breach of applicable laws and regulations by the Customer. The Customer hereby accepts and agrees to comply with the postal and import laws of his/her own home country and of the United States of America (USA), United Kingdom (UK) and of the European Community (as applicable). The Customer hereby agrees not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewellery, drugs of all kinds, etc.), or any other article which is forbidden by The Transportation Safety Administration (TSA) in the USA, Civil Aviation Administration (CAA) in the UK and the relevant country or countries of transit and the country of destination. The Customer is solely responsible for understanding all rules and restrictions applicable to their purchase before ordering shipments through SkyShop. Neither SkyShop nor Globalshop shall be responsible for any loss due to customs seizure and/or confiscation.
ii.Neither SkyShop nor Globalshop shall be liable for any infringement or breach of applicable laws and regulations as a result of the Customer’s use of the Globalshop service. SkyShop reserves the right to withhold and refuse to forward on any merchandise which result in any loss, damage or penalty to SkyShop and/or Globalshop. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to SkyShop and/or Globalshop all requisite documentary proof of such licensing in accordance with SkyShop and/or Globalshop’s required timescales. Where SkyShop has not received the requisite documentary proof and license required to proceed with a given shipment, SkyShop shall give notice to the Customer to provide the same within five(5) days. If such documents are not supplied within the afore-mentioned timescale, the merchandise will be retained and stored by SkyShop for a maximum period of 60 days. After the expiry of the 60-day period, if documentation and/or information is provided by the Customer, the merchandise will be subject to the procedure as set forth in Clause 2-f above.
iii. In addition, the Customer hereby authorizes SkyPostal Inc, the logistics provider, to inspect, open and repack every merchandise item which it will come to handle in the provision of the Globalshop services to the Customer under these terms and conditions.
b. FREIGHT COSTS & DIMENSIONAL WEIGHT: The charges quoted are based on the actual weight of the mail or merchandise except for: Dimensional Weight - The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height– as measured by you) in cubic centimeters divided by six thousand (6,000).
6. IMPORT TAXES AND OTHER TAXES: The Customer shall be responsible for the payment of all taxes and customs duties for the customs clearance of the merchandise in the country of destination. SkyShop will make available to the Customer, customs clearance information on the procedures for the customs clearance of the merchandise coming from the Customer’s Suite, and the Customer agrees and consents to SkyShop charging the Customer’s digital wallet, or will submit an invoice for the Customer to pay locally. Please, review the Frequently Asked Questions (Pricing, Customs) section of this website for additional information on customs taxes.
7. FLORIDA SALES USE TAX: You must use this address to avoid the Florida Sales Use Tax of 6% and the Miami Dade County Sales Use Tax of 1%:
Your Suite No. Assigned
7701 NW 15 Street
Miami, Florida 33106-4800
Neither Globalshop nor SkyShop has any control over the merchants you shop with who may not have current and updated tax rate tables. Neither Globalshop nor SkyShop assumes any responsibility in the event that a merchant charges you Florida Sales Use Tax and the Miami Dade County Sales Use Tax. If you notify Customer Service at firstname.lastname@example.org providing a scanned copy of the original invoice from the merchant, SkyShop as a courtesy and goodwill gesture to you, will attempt to notify the merchant of the sales tax exempt designation. SkyShop makes no guarantee that the merchant will refund you with the amount of sales tax charged or change his database for future purchases.
You should specify that you use SkyShop address at 7701 NW 15 St. Miami, Fl. 33106 as your US Address and that you have been informed that purchases sent to this address for international forwarding are exempt from the Florida and Miami Dade County Sales Use Tax. As a result of this tax exemption, SkyShop cannot permit shipments to be sent to the Tax Free address for pick up by you or for forwarding to another address in the United States. All shipments received at the Tax Free Address must be shipped to your destination country. Shipments that cannot be shipped to your destination country will be sent back to the merchant. If you wish to pick up your shipment at our Miami facility or to have it forwarded to another US address, you must use the following Doral, Fl. address:
Your Suite No. Assigned
7805 NW 15 Street
Doral, Florida 33126-1109
Shipments arriving at the 7701 NW 15 St Miami, Fl 33106 that cannot be shipped internationally will be returned to the sender or merchant. A handling charge of US$10.00 per shipment will apply.
8. DELIVERY SERVICE TO DESTINATION: SkyShop will receive, screen and forward to the Customer’s local address the Territory, the merchandise or documents shipped to his/her Suite in Miami or London. The customs charges and any other expenses incurred in the import of the merchandise shall be the responsibility of the Customer and will be charged by SkyShop to his/her digital wallet or other payment method set up at registration, as set forth in Clause 2 above. In case the merchandise arrives at the SkyShop warehouse in Miami or London without an accompanying invoice, SkyShop will request the invoice from the Customer. When no invoice is available, SkyShop reserves the right to issue an estimated pro-forma invoice based on the value as established by the merchant itself or a similar store, and will proceed with the shipment processing with such a pro-forma invoice. The Customer shall indemnify SkyShop for any losses or damages it might suffer resulting from the issuance of a pro-forma invoice, including any court and legal or professional fees, even if the estimated invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise.
9. RECEIPT AND DELIVERY GUARANTEE: Shipments shall be processed within an average lead time of 2 working days from their arrival date in Miami, Florida, USA or London, UK, (as applicable) provided that the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the payment method used by the Customer to pay for the Globalshop services is valid. Dates and times for delivery or performance by Globalshop are estimates only and SkyShop shall not be liable for any loss, damage, cost or expense caused by any delays in delivery. The Customer may not terminate this Agreement by reasons of any delay in delivery. The Customer also acknowledges that SkyShop may deliver early. Neither SkyShop nor Globalshop shall be responsible for delays caused by any events of force majeure or any problems beyond its own reasonable control such as difficulties with airlines, customs or documentation or Acts of God. SkyShop will attempt to deliver the merchandise to the final destination as determined by the Customer as many as three (3) times. After the third unsuccessful try, the merchandise will be retained at SkyShop’s local facilities in country for a period not exceeding 60 days. After that time, the merchandise will be considered abandoned and will become the property of SkyShop and may be discarded or destroyed at SkyShop’s sole discretion. In such circumstances, the Customer shall not be entitled to any refunds in respect of any charges already paid to for Globalshop services.
10. DENIAL OF RESPONSIBILITY FOR THE MERCHANDISE: Neither SkyShop nor Globalshop shall be responsible for the merchandise which is offered by merchants, nor for possible delays in shipment to the Suite.
11. TITLE TO GOODS: Title to the merchandise the Customer orders from a merchant directly, via SkyShop’s Concierge Service or virtual Mall shall at all times after the moment of the Customer’s purchase from the merchant remain with the Customer.
12. RESPONSIBILITY FOR AIR TRANSPORTATION: SkyShop shall act only as a courier. SkyShop will ship the merchandise which are received at the Suite on behalf of the Customer to the Delivery Address in the Customer’s Territory as provided by the Customer on the "Registration Page."
13. Non-Commercial Use Intent and Compliance with U.S. Exports and Sanctions Law(s) The product(s) ordered through this website using the Concierge/Personal Shopper or Mall services is intended for non-commercial use, and purchase of any of the product(s) for resale purposes is prohibited. Further, by agreeing to these terms and conditions, the Customer certifies that any merchandise purchased from SkyShop will not be exported, sold, or transferred in violation of the Export Administration Regulations administered by the Bureau of Industry and Security of the U.S. Department of Commerce, or other regulations or applicable United States-imposed Sanctions, embargoes and other limitations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
14. INTERNATIONAL TRANSACTIONS: Some manufacturers or some of the merchants may restrict the sale of certain of the merchandise they produce or sell to buyers located outside the United States. In such cases, the Customer’s order may be cancelled at the sole option of such Supplier in the event that the Product(s) the Customer order cannot be shipped to the country of the Customer’s residence, or if SkyShop believes, in good faith, that shipping the order will violate any laws. SkyShop will not ship to persons and /or entities identified on any U.S. Department of Commerce Denied Persons List, Entity List of Proliferation Concern, on the US State Department Debarred Parties List or the Designated Nationals exclusion list, the BIS "Unverified List" and the "List of Specially Designated Nationals" maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; nor will SkyShop or its Authorized Export Agent ship the Product(s) to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
15. RETURNS OF MERCHANDISE: The Customer agrees to contact the merchant only for written return authorization (RMA-Return Merchandise Authorization No.) before refusing to accept, or returning, any of the product(s) the Customer purchases using this website. SkyShop offers limited free returns with certain merchants. Unless otherwise stated, if a return is authorized by the Supplier in question, the Customer agree to pay for any shipping and handling costs incurred by SkyShop in shipping the Product(s) being returned to the Supplier in question. SkyShop may offer a return service from the Customer’s Territory to Miami for which a charge may apply. In addition, if the merchant does not offer free returns in the US, an additional charge may apply.
SkyShop will provide the Customer with information and instructions on where to make the Customer’s merchandise available for return to the merchant. Any refund for any of the merchandise returned shall be the obligation of the merchant and the Customer shall not to look to SkyShop and/or Globalshop for any reimbursement to the Customer for the original sale prices of the returned merchandise or the cost of any unrecoverable charges (such as shipping, insurance, handling, packaging, customs duties and the like). No return will be accepted by SkyShop if payment has not been made by the Customer.
Any request for reimbursement of duty and/or taxes paid for orders shipped to the Customer must be made directly by the Customer with the revenue authority and/or customs office in the Customer’s Territory country.
16. THE CUSTOMER ACCOUNT: If the Customer uses this website, the Customer is responsible for maintaining the confidentiality of the Customer’s account and password and and the Customer agrees to accept responsibility for all activities that occur under the Customer’s account or password. SkyShop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
17. INDEMNITY: The Customer shall indemnify and keep indemnified SkyShop and Globalshop at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis), customs fines, tax or complaint for damages, brought by a third-party against SkyShop and/or Globalshop as a result of the shipment to the Customer, so that each of SkyShop and Globalshop will be held harmless.
18. ALTERATIONS IN CHARGES/COSTS: The listed charges are subject to change without prior notice. SkyShop reserves the right to charge an annual fee, as set forth in Clause 2 above. The annual fee shall be non-refundable even if Agreement is terminated, however such termination arises.
19. TERM: these terms and conditions will remain in force unless terminated pursuant to Clauses 15 or 21.
20. TERMINATION: This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means upon thirty (30) days in advance notice to the other. In addition, the Customer agrees that can take whatever steps it deems necessary to deal with any breaches or suspected breaches of this Agreement, including without limitation, restricting, suspending or terminating all or any of the following (1) this Agreement (2) the Customer’s registration with SkyShop or (3) any delivery under this Agreement (all at no or short notice). A customer may end the contract by sending an email cancelation request to email@example.com, the number of the suite number must be included.
21. FORCE MAJEURE: Neither Globalshop nor SkyShop shall be liable in any way for loss, damage or expense arising directly or indirectly from any hindrance, failure or delay in performing any of its obligations under these terms and conditions that is caused by an action or omission of the Customer or other third party providing goods or services to the Customer or by any circumstance beyond the Customer’s reasonable control, which shall include difficulties with airlines, customs or documentation, war (or other action of military forces), terrorism, riot, civil commotion, sabotage, vandalism, accident, breakdown or damage to machinery or equipment, acts of God, fire, flood, severe weather conditions, extreme traffic congestion, strike, lock-out or other industrial disputes (whether or not involving employees of SkyShop and/or Globalshop), legislative or administrative interference or national crisis (each an “Event of Force Majeure”). If an Event of Force Majeure continues for more than a period of 30 days SkyShop and/or Globalshop shall be entitled at its discretion to perform, suspend performance of, and/or terminate this Agreement.
22. COMPETENCE/VENUE: This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of Miami-Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which cannot be reconciled, they shall be settled by arbitrators named by the Customer and SkyShop. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code. This clause shall not prevent SkyShop from being entitled, at its option, to choose to pursue any debt or other claim against the Customer in a court of competent jurisdiction, rather than via arbitration. The parties agree that for such purpose the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Miami-Dade County, State of Florida, USA.
23. NOTICE: Notice of service cancellation and termination by SkyShop shall be made by written notification to the Customer’s last known email address. Notice of service cancellation and termination by Customer shall be made solely by electronic means through the Company’s website at www.Globalshop In case the Customer wishes to submit any other document, notice, comment, suggestion, the Customer can also use the website http://amex.globalshop.net; for other purposes the SkyShop administrative office address is:
SkyShop Logistics, Inc. DBA SkyShop
ATTN: Customer Services
7805 NW 15th Street
Doral, Florida 33126-1109
24. EXECUTION FORMALITIES: SkyShop and Customer consent to the delivery of information and documents pursuant to this Agreement via electronic means including email, messages generated through the SkyShop website, fax messages at the email and/or other addresses specified by the Customer in the process of registration and available through the Globalshop website. SkyShop and Customer agree that any such electronic delivery of such information or documents shall have the same effect as physical delivery of physical copies thereof and constitute the execution of the above documents in written form.
SkyShop and Customer agree that the on-line acceptance of registration requirements, this Agreement and provision of the Customer’s consent to submit SkyShop with their personal data (according to the applicable laws) on the SkyShop website required in order to become the Customer of SkyShop constitute the execution of the above in written form by providing equivalent of a Customer’s handwritten signature.