By signing up to ShopUSA (hereinafter “ShopUSA.com” or the “Website”), customer accepts the terms (hereinafter “Terms” or “Agreement”) as set forth in the following Terms and Conditions. ShopUSA.com’s services are to be used for international customers (outside of the U.S.) purchasing products (hereinafter “Items” or “Merchandise”) through sellers or merchants in U.S. The Customer authorizes ShopUSA.com to charge Customer’s payment method for any future services according to ShopUSA.com’s current pricing schedule.
ShopUSA.com reserves the right, at its sole discretion, to change, modify, or otherwise alter any terms and conditions. The Customer is responsible to review ShopUSA.com’s Terms and Conditions periodically as continued use of ShopUSA.com’s services will constitute acceptance of any revised terms and conditions. If there is any disagreement with modifications to the following Terms and Conditions, the Customer’s only resource is to cease the use of ShopUSA.com’s services.
When signing up for ShopUSA.com, the Customer will be provided with a unique Suite ID number that will be used to identify packages upon arrival to ShopUSA.com’s facility. This Suite ID must be included along with other key pieces of information when purchasing products at USA merchants (see “Shopping Tips” page on ShopUSA.com for further details in this regard). Customers should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Customer’s unique Suite ID number. If any of this information is neglected then ShopUSA.com reserves the right to charge the customer for extra handling, in accordance with ShopUSA.com’s current schedule of fees. ShopUSA.com also reserves the right to return item(s) to shipper or dispose item(s) in this case.
ShopUSA.com will act as an agent of the Customer for export purposes by receiving & handling the Customer’s products, which will be sorted, consolidated (if requested), re-packed (if requested), stored and exported. ShopUSA.com will arrange for export to Customer’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. ShopUSA.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Customer). ShopUSA.com representatives will open all packages upon arrival at ShopUSA.com’s facility. As a Customer, ShopUSA.com will be granted a written authorization to act as Customer’s agent. ShopUSA will provide any of the following services to Customers: preparation of shipping documents, preparation of any Certificates of Origin, preparation of an EEI via AES and preparation of an airway bill or other documents required for exporting item(s) to Customer. The Customer acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law.
Membership starts the day the Customer’s application is received by ShopUSA. Customer authorizes that ShopUSA.com has the right to charge Customer’s payment method for all services provided by ShopUSA.com including (but not limited) to the following: shipping & handling, consolidation, neglecting Suite ID when purchasing from USA merchants, re-packing, more detailed photos, disposals, returns to shipper, re-routing, storage and late fees, membership dues and extra documentation required for shipping. Failure to provide payment for services rendered at the time of service may result in late charges, suspension of service and/or disposing of item(s). If a Customer’s account charges become delinquent for more than thirty (30) days, ShopUSA.com may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all right and remedies of a secured party under the Uniform Commercial Code or any other applicable law. Clearing services are provided by Susa Holding Limited, Poseidonos 1 Ledra Business Centre Egkomi Nicosia 2406 Cyprus.
Monthly memberships are automatically renewed unless the Customer advises ShopUSA in writing that they wish to not to renew their membership. Either party may cancel the Membership Agreement with written notice (via email, fax or letter). Customer can also cancel or change their Membership from their Account Settings on ShopUSA.com. Monthly membership fee only exists for Premium membership. There are no monthly membership fees for Basic membership. Both memberships have a one-time setup fee of $4.99 which will be charged upon activation of Customer’s membership. Basic membership will have a 30-day free trial so customer can be exempt from setup fees if membership is canceled within the trial period. Payment will be charged prior to each active monthly period. If membership is cancelled within the monthly period, deactivation to Basic membership takes effect immediately without pro-ration. Monthly membership fees and setup fees are non-refundable. The Customer forfeits all claims to items abandoned in inventory once the membership is cancelled.
Customer will be held responsible for providing correct product category, product description, number of units and total invoice amount of exported products. If needed, Customer is obligated to send ShopUSA.com a commercial invoice for custom clearance purposes. Customer will be held responsible for all import obligations in the country to which all packages will be sent. If Customer provides ShopUSA.com with incorrect local address then he/she may face additional re-routing charges. ShopUSA.com reserves the right to charge Customer’s payment method or dispose shipped item(s) if Customer refuses to pay customs fees or is unresponsive for more than 7 days after item(s) arrive in local country and after attempting to reach Customer by e-mail or phone number provided by him/her. If the price paid for item(s) is not listed on the invoice provided by the merchant, or if no invoice is available, the Customer is responsible for providing ShopUSA.com with the true and accurate price that the Customer paid for the item(s), if the Customer purchased it. The Customer is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.
Additional customs inspections are not included in the customs handling. If a shipment is taken out for additional customs inspection and this extra handling has a cost, the cost will be invoiced to the customer. This goes for all shipment types offered by ShopUSA.com
Shipping costs are based on the weight and dimensions of Customer’s shipments. These costs will be charged according to the actual weight or dimensional weight (whichever is greater). Dimensional weight will be calculated according to unaffiliated freight forwarder’s terms. ShopUSA.com will allow Customers to store their item(s) for up to 5 days (Basic) and 60 days (Premium) at no charge. After 5 days (Basic), and 60 days (Premium), Customer agrees to pay storage fees $1 per box per day. If Customer neglects, refuses or is unresponsive in regards to the payment of storage fees, then ShopUSA.com reserves the right to dispose item(s) or donate to charity. Items that are prohibited or restricted are not storable and will be rejected, forfeited, disposed, destroyed or provided to government officials. Customer will forfeit the Title to any item(s) that cannot be exported after arrival to ShopUSA.com’s facility. The Customer agrees and acknowledges that he/she shall purchase any and all item(s) from Merchant in a manner that (1) transfers title to the Customer prior to the time that the item(s) is received at ShopUSA.com´s facility and (2) in accordance with risk of loss terms that provide either that the buyer or the Customer bears the full costs and risks of moving the goods from the buyer’s location to the ShopUSA.com´s facility.
ShopUSA.com will provide insurance for items with a value under $10,000 through a third party insurance agent. This insurance has a cost of 3% on the total product value in the shipment. This insurance should cover losses or damages to the item(s) being shipped. The insurance will take action once ShopUSA.com’s representatives hand-over the item(s) to a third party carrier at ShopUSA.com’s facility. Insurance will be valid until local courier drops off item(s) at Customer’s designated address in local country. ShopUSA.com will not be held accountable if item(s) are stolen or taken from Customer’s doorstep by someone other than Customer or affiliated persons. ShopUSA.com will not be held responsible if local courier drops off item(s) at wrong address. If insured value is above $10,000 then customer must contact ShopUSA.com directly before shipping. The insured value is subject to the terms and conditions of the particular carrier’s airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value.
The Customer is solely responsible for complying with any terms and conditions of sale that may be imposed by the merchant of the item(s). The Customer acknowledges that ShopUSA.com is not responsible for any action taken by the merchant with respect to the Customer’s order as a result of the merchant’s terms and conditions of sale. The Customer is responsible for informing the merchant that any item(s) purchased and sent to ShopUSA.com’s facility ultimately will be exported out of the United States. It is ultimately the responsibility of the Customer to ensure that the merchant provides the export classification of the item(s) and determines if any export licenses are required for the item(s). The Customer must ensure that item(s) requiring an export license are not to be shipped to ShopUSA.com by the merchant.
Claims for lost or damaged item(s) must be filed within the published time limits of the particular carrier. Failure to file a completed claim within the carrier time limit will invalidate the claim. Claims are considered filed when a fully completed claim form, photograph(s) and supporting documentation, including commercial invoices and receipts are received by ShopUSA.com. Review process for claims will take a minimum of two (2) weeks. Specific commodities have limits of liability in case of loss or damage regardless of the declared value. Any liability for damage or loss caused after delivery to ShopUSA.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. ShopUSA.com will assume no liability for damage or loss caused to any items before delivery to ShopUSA.com’s facility or due to insufficient packaging of merchant.
ShopUSA.com works diligently to prevent credit card fraud and provide security measures. If a Customer engages in such activity, ShopUSA.com will cancel Customer’s account and return and outstanding item(s) to merchant. ShopUSA reserves the right to ask Customer for required documentation to ensure against fraud, such as copies of identification and credit cards. There may be Civil or Criminal penalties imposed against the Customer by the U.S. Government for providing false or fraudulent statements with respect to any information.
The following list is a non-exclusive sampling description list for items that are restricted, cannot be exported or may require an import license, additional documentation and/or cause problems and delays during the customs review of Customer’s shipment:
Additional information on prohibited and restricted items can be retrieved by customs in local country and by United States government. Customer is responsible for confirming that prohibited and restricted items are not sent to ShopUSA.com’s facility. Customer must be held responsible for any software and/or date residing on used electronic equipment and must comply with import and export laws and government regulations in the United States. ShopUSA.com will not responsible for the loss of any software and/or data.
ShopUSA.com will not provide service to persons and/or entities identified on: (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.
Customers are responsible for and warrant compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Customer’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. Customers represent and warrant that (a) the recipient of any item(s) exported by ShopUSA.com is the end user of any and all item(s) that the Customer has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the Customer is reselling the item(s), the Customer can identify the end users and provide ShopUSA.com with any requested information on such end users, (b) any item(s) that the Customer requests be exported by ShopUSA.com will be used in the country to which the Customer requests shipment, and (c) the Customer will not re-export the item(s) to a different destination.
Customers represent and warrant that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Customer 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 Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States 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 (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that Customers can and cannot have processed by ShopUSA.com is available on our Prohibited and Restricted Items page.
Customers must recognize that when purchasing item(s) they are responsible for notifying, and agree that they will notify, each U.S. Principal Party in Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, that they intend to export the item(s) purchased from the United States. Customers agree to provide to ShopUSA.com all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).
Customers agree that they will comply with all regulatory requirements with respect to products classified under Export Control Classification Number (“ECCN”) 3A991.a.1. Specifically, Customers certify that pursuant to Section 744.17 of the EAR, they will not re-export items classified as 3A991.a.1 without an export license from BIS if they have reason to know or are otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/encryption/740supp1.pdf.
Resellers must represent and warrant that the items they purchase for resale will be sold or distributed by their organization and that with respect to such items they will comply 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 end user of Customer’s products 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 Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States 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.
Resellers shall not use, transfer, re-export, resell, or otherwise dispose of any item(s) exported using the services of ShopUSA.com to any destination, end-user, or for any end-use prohibited by the laws of the United States of America. Resellers must also recognize that item(s) exported using the services of ShopUSA.com from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is any of the following: made in the U.S., has foreign origin but has “traveled” through the U.S., developed from a U.S. technology, is sold by a U.S. citizen anywhere in the world or is made by a U.S. company anywhere in the world. Any item(s) exported using services of ShopUSA.com from the U.S. are subject to the controls the EAR as mentioned above. Resellers must provide ShopUSA.com with the identity of the end-customer prior to conducting a transaction on behalf of that customer. Ultimately, the Customer is responsible for conducting screening to ensure that they do not export to Prohibited Persons as defined in the ShopUSA.com Terms and Conditions using the services of ShopUSA.com or its unaffiliated freight forwarders and/or carriers.
The Customer agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Customer. The Customer agrees to provide to ShopUSA.com all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).
Any use in contravention of this provision or any provision of this Agreement is at Customer’s own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
The Customer agrees that he/she will remain liable for and indemnify, defend, and hold harmless ShopUSA.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
Any negligent action or omission of Customer or any of the Customer's employees, contractors, agents or any other person acting under Customer's supervision or control prior to, as of, or following the date hereof; any inaccuracy or breach of any representation or warranty made by Customer in this Agreement or any other document or instrument executed or delivered by Customer in connection with this Agreement; any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Customer in connection with this Agreement; ShopUSA.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of ShopUSA.com; The Customer providing to ShopUSA.com any incomplete or false information; and The Customer's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments. The Customer acknowledges that the foregoing provisions are a material inducement for ShopUSA.com to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of Cyprus and by the applicable regulations of any agency of Cyprus, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Cyprus. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of Cyprus courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.