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User Agreement for the BestPriceFromUSA service use
The agreement is made between EASY EXPRESS CORP., resident of USA (hereafter the „Provider“) and the person, registered in to the BestPriceFromUSA website (hereafter the “Customer”).
- GENERAL PROVISIONS
1.1.Following the present Agreement the Provider provides an intermediary service to the Customer in purchasing various merchandises on internet shops and the auctions in the USA and other countries.
1.2.The Provider shall have the right to modify the Agreement without consent of the Customer. The Customer must at his own discretion to revise possible modifications or amendments of the present Agreement which will be announced by posting of such changes on the website: http://BestPriceFromUSA.com/registration/useragreement
1.4.The Provider collects from the Customer certain commission fee for the service rendered, the amount of which is described in the section “Service prices”.
2. Service Rendering Terms
2.1.When the Customer chooses the item he/she intends to buy and adds the item into “The Cart”, in the User’s account the Customer has to indicate the final price of the item, delivery price to the Provider’s store over the territory of USA and deducted sales taxes. If the Customer fails to submit the above-required information or submits faulty information, the Provider shall have the right to reimburse his expenses by collecting the amount from the Customer’s account that was spent to purchase the ordered item and to deliver it to the Customer.
2.2.When the Customer orders the apparel, shoes or other items that might have a size, he/she has to indicate the size according to the US standard or, alongside, has to indicate UK, EU or other respective size. Without the size indication, the Provider reserves the right to understand that the size corresponds to US size standard.
2.3.The Customer has to take into consideration Postal Service requirements for the parcel deliveries and delivery rules for ordered items in conformity with the Customs Code of the country he resides in – i.e. item dimensions, weight, amount of items, type of package in which the item(s) are delivered. The Customer is solely responsible for understanding and complying with his/her local customs laws, duties, regulations, and restrictions.
2.4.When participating in the online auction the Customer has to transfer a certain amount of money from his credit card into the Customer’s Account. If the transferred amount of money is insufficient, the Customer will not be able to place further bids and to participate in the auction.
2.5.In EBay.com auction only sellers whose rating is not less than 5 can bid.
2.6. The Provider shall pay in his own name to the seller for the item that the Customer selected to purchase, using Customer’s account. While performing the purchase the essential condition has to be the seller’s determination to deliver the goods in the entire US territory.
2.7.If the item selected by the Customer is out of stock in the seller’s store, the Provider reserves the right to restrain from ordering such item. In such case, the Customer shall receive an e-mail notice to his e-mail address indicated during registering in the website, or by a letter into the personal account, section “Internal mail”.
2.8.The Provider receives the items purchased by the Customer into his storage, shipped by the seller. The Customer has to confirm the purchase within 4 months or otherwise the Provider reserves the right to act at his on discretion, even to destroy the stored merchandise.
2.9.If the Customer fails to comply with merchandise delivery terms, the Provider shall put all his efforts to redeem the amount paid by the Customer. However, the Provider cannot fully guarantee the redemption and is not obliged to cover losses to the Customer. The Customer selects the seller personally and the Provider is only an intermediate. The Provider cannot be responsible for the seller’s actions.
2.10. If the Customer decides to repudiate the already bought merchandise, the Provider deducts the shipping costs to the seller. The commission fee to the Provider is also non-refundable. The Customer has no right to repudiate the merchandise bought on Ebay.com auction, if the seller’s rules do not imply such possibility. If such possibility is implied, the Customer may return the merchandise in accordance to the seller’s given directions.
2.11. In his User’s account, the Customer has to indicate specific instructions for the merchandise packing. The Provider obligates to pack the merchandise in his store, following the Customer’s instructions.
3. Making payment to the personal Customer’s Account
3.1. Section “Payment” gives to the Customer thorough directions for making payments into his personal Customer’s Account.
3.2. If the Customer indicates incorrect price of the merchandise in his order, the Provider shall inform in written the Customer about that, until the Customer confirms the amendment, or shall cancel the order. Failing to contact the Customer, the Provider shall terminate the order.
3.3. The Provider shall not render service on loan: it is not possible to obtain merchandise and to receive it on loan.
3.4. When the Customer has to transfer money to the Bank account of our company, he/she will have to pay a certain fee to the bank, which can be approximately 14 US dollars. If the money transfer is done via several banks, the Customer is obliged to pay other bank fees as well.
3.5. Delivery of merchandise in the territory of US can be free of charge if the Customer’s order amounts a certain sum of money and is fully paid. This free of charge delivery can turn into a paid delivery if for any reason in the range of goods at least one item is lacking (e.g. out of stock at the seller’s), therefore the reduced total sum of the order may not exceed the sum which is subject to free of charge delivery. In such case, the delivery payment will be deducted from the Customer’s account.
4. Shipment processing and delivery
4.1. Sections “Delivery” and “Service prices” thoroughly describe the delivery methods of ordered and paid merchandise, as well as the prices of the services available on the website BestPriceFromUSA.
4.2. Customer has to pay separately for his ordered merchandise delivery. The Provider shall charge final delivery price of the shipment to the Customer’s door after the package is packed and weighed. When the package is packed, the Provider cannot open the package and change or replace the merchandise. If the money in the Customer’s account is insufficient to cover the delivery charges, the Provider shall inform the Customer about that and will keep the shipment in their store until the Customer replenishes his Account with the lacking amount of money.
4.3. Customer is entitled to insure the shipment. For this purpose, he/she has to indicate the insurance value before shipment processing. In such case, the Provider shall charge the insurance value from the Customer’s account. In the event of the loss of the shipment, the Provider shall claim the indemnity form the postal service, which the Provider will transfer to the Customer’s account.
4.4. The Provider consigns the shipment (package) with the Customer’s merchandise to the postal service indicated in the section “Shipment”.
4.5. Once the Provider passes the Customer’s shipment to the postal service, it shall be considered that the Provider has rendered his intermediary service.
4.6. The Provider shall issue invoice, which is included into each shipment, or the Customer can perform it.
4.7. The Provider does not guarantee quality and expedition of postal services, carrier or courier companies. Time of transit varies depending on where you are located and where your package is coming from, so BestPriceFromUSA website indicates only approximate delivery terms.
5. Provider’s obligations
5.1. The Provider obligates to render intermediary service to the Customer and to perform all the relative requirements of the Customer therewith. Customer’s requirements cannot contradict the Terms of the present Agreement and the US laws in force.
5.2. The Provider obligates to take every precaution to protect the Customer’s information and not to disclose to the third parties unless it may be necessary to carry out the terms of the Agreement.
5.3. The Provider obligates to provide information to the Customer about the performance of his/her order.
6. Customer’s obligations
6.1. The Customer is obliged to provide timely full information to the Provider, which is necessary to carry out high quality services. If the Provider considers the information insufficient or untrustworthy, the Provider reserves the right to breach service-rendering ex-parte (unilaterally).
6.2. The Customer is obliged to pay in full total amount for the merchandise ordered and their delivery to the Provider’s store as well as taxes, commission fees, shipment fees and other charges, which are necessary to the Provider to render their service. If the Customer’s account lacks certain amount of money, the Provider may suspend the fulfillment of the order until the Customer replenishes his/her account, or may finally terminate the order therefore.
6.3. The Customer is obliged to secure all the financial documents, which can prove the Customer’s payment for the Provider’s service until the money access into the Customer User’s account.
6.4. The customer has no right to use ordered merchandise for commercial purposes.
7. Terms of merchandise return and replacement
7.1. The Customer shall pay all delivery costs for return/replacement of merchandise (from the Customer to the Provider) or from the Provider to the seller.
7.2.The Provider reserves the right to decide whether to return/change the merchandise, considering seller’s decision and estimating replacement or return options.
7.3.If the seller refuses to accept the returnable merchandise from the Customer or to replace it, the Provider is not obliged to compensate the cost of the merchandise to the Customers. The Provider may repeatedly return the merchandise to the Customer on his own discretion.
7.4.Any replacement/return operations shall be processed in accordance to the seller’s terms and may not be limited by the period of service, compensation procedures and available sizes.
7.5.In determining the replacement /return period, the Customer must take into consideration time of package delivery from the Customer to the Provider, merchandise replacement /return processing time (working week) in the Provider’s store, and if necessary, return terms from the Provider to the seller.
7.6.The Provider refunds the Customer for the returned item only if the item is actually returned to the seller.
7.7.The fee for the service provided is non-refundable regardless of the seller’s decision to replace/return merchandise if possible.
7.8.If the Customer sends repeatedly the merchandise for replacement, he must pay the full cost of order in accordance with rates set forth in the website BestPriceFromUSA.
8. Limitation of Liability
8.1.The Provider is not liable for the extent of Customer’s costs, for direct and indirect losses incurred by the Customer’s actions or due to his incapacity to use the services of provider’s mediation. The Provider is not liable for the damage incurred by the errors of the Customer: disappeared files, absence from work, change of functions, etc.
8.2.The Provider is not liable for the poor staff work of other services, the facilities of which the Customer uses, but the Provider does not administer them: the postal services, banks, Internet and e-mail service providers, payment systems, etc.
8.3.The Provider is not liable for the delivery time of merchandise from the seller to the Provider.
8.4.The Provider is not liable for the quality and completeness of merchandise. Moreover, the Provider does not give warrantee to the goods purchased by the Customer through the mediation services of the provider.
8.5.The Provider is not liable for and does not check the merchandise delivered by the Seller, whether it corresponds to the characteristics of the item described by the Seller. If the customer notices that the merchandise delivered by the Seller does correspond to the ordered item, the Provider is not liable for that. The Provider may at an additional charge inspect the merchandise, tariffs, given on the BestPriceFromUSA.
8.6.The Provider is not liable for the dishonest Seller’s, chosen by the Customer, actions: delays in mailing the merchandise, the merchandise delivered by the Seller does correspond to the ordered item, the item does not function; the item offered is a fake.
8.7.The Customer has no right to require from the Provider to cover the expenses and losses incurred to the Customer by a third party fault, e.g. the Seller’s, courier and postal services, taxation systems and the like.
8.8.Only the Customer is liable for the correct completion of invoice and for the accuracy of information in it.
8.9.The Provider is not liable for the custom taxes during the delivery of the merchandise and does not cover them to the Customer.
8.10. The Provider is not liable the for delivery methods via postal services, because this is not his obligation.
8.11. The Provider is obliged to cover losses to the Customer, incurred by the errors of the Provider, but the amount of compensation cannot exceed the Provider’s received commission fee.
9. Force Majeure
9.1. The Customer and the Provider may be exempt from liability established by the obligations of the present Agreement, in case of Force Majeure circumstances, which occurred after signing the Agreement, where none of the parties were able to anticipate or prevent them. Force majeure circumstances are considered: fire, flood, earthquake and other natural disasters, as well as an explosion, epidemic, war conflicts.
10. Dispute resolution
10.1. All disputes and controversies emerging by the implementation of the present Agreement shall be settled by negotiation.
10.2.If the parties fail to agree amicably, the dispute may be referred to the court in accordance to the laws of the United States.