SHOPFANS.COM – U.S. TERMS AND CONDITIONS
Shopfans.com (“Shopfans” or the “Site”) provides services and website features to Users subject to the following conditions. If you visit the Site, you accept these terms and conditions. Please read them carefully. Please exit the website immediately if you do not accept these Terms and Conditions or are accessing the Site in a country or other territory where use of the Site is not permitted.
Shopfans may need to update these Terms and Conditions from time to time. Shopfans recommends that you regularly check this page to ensure that you have read the most recent version.
Unique Postal Address: a postal addresses in the states of Pennsylvania, and Delaware, United States, that can be used by the User for receiving Internet Store Orders. The Unique Postal Address is indicated on the Site in the Preferences section.
Internet Store Orders: one or several items obtained by the User from an Internet store and sent from the Internet store to the Unique Postal Address in the same box.
Tracking Number: a unique number assigned by a postal or courier service for identification of a mailing in the postal or courier service’s delivery system.
User Address: a postal address at which a User or his authorized representative is able to receive a Package delivered by a postal or courier service. A User may use more than one User Address for shipping Packages. Regardless of the actual recipient of the Package indicated on the Address Label, the User bears responsibility for fulfilling all obligations with respect to Shopfans within the framework of the Conditions.
Address Label: a document prepared in accordance with the existing requirements of the U.S. Postal Service necessary for delivery of a Package to the User Address. The Address Label contains information about the User Address and is affixed to the Package just before transferring it to the postal service for its delivery to the User.
Package: mail forwarded to a User Address prepared in accordance with existing standards and limitations currently in force in the United States and in the country where the User Address is located.
Consolidation: actions for combining two or more Orders from several boxes into one. Shopfans carries out User Instructions during Consolidation for processing an Order for its further forwarding to the User Address. In case such packing is not required, Consolidation means preparation of an order for further forwarding to the User Address. Preparation includes checking suitability of the packaging for further shipment. The result of completing Consolidation is a Package ready for forwarding consisting of the items previously contained in the Orders. If one or several Orders (as a whole) have not been accommodated in the Package, they, at the User’s option, can be either returned to the warehouse or shipped by another Package.
User Instructions – User directions for processing orders during their Consolidation. The Instructions may be directions to remove the Internet store’s invoice or to remove unnecessary packaging. The User can generate a separate User Instruction for each order.
User – a Shopfans system client who has agreed to use the Shopfans service according to these Terms and Conditions.
User’s Account – an account in the Shopfans system where payments are accepted from the User and deducted from it to pay for Shopfans Services and postal expenses. The User Account is maintained in American dollars.
Unclaimed Orders – An Order or Orders not sent for Consolidation within 30 days from the time of arrival at the warehouse.
Unclaimed Packages – A Package or Packages not sent to the User Address within 15 days from the time of arrival at the warehouse.
When you visit Shopfans or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT AND TRADEMARKS
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shopfans or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Shopfans and protected by U.S. and international copyright laws.
LICENSE AND SITE ACCESS
Shopfans grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shopfans. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shopfans. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shopfans without express written consent. You may not use any meta tags or any other “hidden text” utilizing Shopfans’s name or trademarks without the express written consent of Shopfans. Any unauthorized use terminates the permission or license granted by Shopfans. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Shopfans so long as the link does not portray Shopfans, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use the Site, you are responsible for maintaining the confidentiality of your User’s Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User’s Account or password. The use of the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Michigan. Shopfans does not offer services to children. If you are under 18, you may use the Site only with involvement of a parent or guardian. Shopfans reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Shopfans provides the following services to its Users:
- To provide a Unique Postal Address in the State of Pennsylvania (United States) and Delaware for receiving Internet Store Orders independently placed by User.
- To receive Internet Store Orders that have been placed independently and paid for by the User and intended for a Unique Postal Address.
- To notify the User of Internet Store Order’s arrival at the Unique Postal Address via the Site and also by e-mail.
- To store the Internet Store Orders received at the Unique Postal Address on behalf of a User for 60 days after arrival at the warehouse.
- To consolidate a User’s Internet Store Orders at the Unique Postal Address according to the User’s Instructions and store the Package for 15 days after completion of Consolidation.
- To inform the User by e-mail about the fact of the completion of Consolidation, indicating the weight of the Package as assembled.
- To prepare the Customs Declaration and Address Label and affix them to the Package.
- To transfer the Package to the postal (courier) service for delivery to the User at the User’s Address.
- To insure the Package at the User’s discretion according to the terms described in the Insurance section of these Terms and Conditions.
- To report the Tracking Number of the shipped Package to the User.
Shopfans is not obligated to fulfill any other instructions from the User except removal of invoices and unnecessary packaging. Shopfans does not remove labels, check that what has been received corresponds to what has been ordered, photograph items, etc. Shopfans does not return Internet Store Orders. Shopfans does not provide services for deconsolidation and selection of Packages already packed.
OBLIGATIONS OF SHOPFANS
Shopfans is obligated:
- to enter payments into User’s Account that have arrived toward payment of Shopfans services and postal expenses on a timely basis.
- to debit User’s Account by the value of services and amount of postal expenses calculated according to the Fees for Services.
- to deposit insurance compensation into the User’s Account in case of a loss in accordance with the “Insurance” section of these Terms and Conditions.
- to use the funds in the User’s Account only for payment of Shopfans Services and postal expenses.
- to not disclose and to undertake all available measures to assure the confidentiality of the User’s information, such as: User’s Address, Customs’ Declaration contents, operations with Customers and Packages, and also deposits, deductions and User Account balances.
OBLIGATIONS OF USER
User is obligated:
- to use the Unique Postal Address when placing Internet Store Orders.
- to register each Internet Store Order at the Site and, at a minimum, specify the store name and order number. If a store reports a Tracking Number, User is obligated to register a separate Internet Store Order on the Site for each unique Tracking Number.
- to remove from the Site all changed Internet Store Orders earlier registered by User if the Order is changed by the Internet store or User.
- to use only credit and debit cards, PayPal accounts and banking accounts belonging to User in payment for Internet Store Orders.
- to render an Order for Consolidation not more than 30 days from the time of arrival of the Internet Store Order at the warehouse.
- to send Packages to the User Address not more than 14 days from the time of final Consolidation of the Package.
- to not include in Orders and to not send to the Unique Postal Address items forbidden from forwarding by U.S. law or the laws of the country of User’s Address location.
- to pay for Services received from Shopfans in a timely manner and also pay expenses for forwarding based on existing fees.
- to fill out Customs Declarations in a timely and accurate manner for each outgoing Package. In case the customs laws of a country where the User Address is located entails additional taxes and (or) customs fees, or confiscation of the Package, not to make any kind of demands of a monetary or non-monetary nature on Shopfans.
- in case demands are made on Shopfans on the part of customs agencies or on the part of postal or courier services for payment of customs fees and/or taxes imposed in connection with the delivery of an Order or Package, to compensate Shopfans within three working days the expenses indicated via transfer of the necessary monies to the User’s Account.
- to fulfill requirements of U.S. customs law and the laws of the country where the User Address is located, and also the requirements and limitations established by U.S. postal and courier services relating to the Packages.
In providing Services to the User, Shopfans has the right:
- to not transfer the Package for shipment via the postal service until full payment by the User of amounts due for services rendered by Shopfans and postal expenses for Package forwarding.
- to transfer items contained in Unclaimed Orders and Unclaimed Packages to a charitable organization, the American Legion Department of Pennsylvania, (EIN 231627234), located at 412 Folcroft Ave., Folcroft, PA 19032, upon the expiry of the 60-day deadline for Orders and the 15-day deadline for Packages.
- to exclude items from Consolidation contained in Orders forbidden for forwarding in accordance with existing postal and courier service requirements. After discovery of items forbidden for forwarding, Shopfans is obligated to send the items indicated from an Order to the address of the Order’s sender within 60 days and the User is obligated to pay for Consolidation Services, postal and other expenses in accordance with the Fees.
- to use standard postal packaging meeting the current requirements and limitations of postal and courier services during Consolidation.
- to exclude from Consolidation items that do not fit into a standard postal packaging (oversized items) used by Shopfans. After discovery of oversized items, Shopfans is obligated to send those items excluded from the Consolidation within 60 days to the sender’s address, and the User is obligated to pay for Consolidation Services, postal and other expenses in accordance with the Fees.
Shopfans.com provides insurance for a loss at the User’s option according to these Terms and Conditions.
- Insurance is obtained by the User, and the package is insured, upon payment by the User of the insurance premium according to the fees existing at the time of the Package’s forwarding. The amount of insurance purchased cannot exceed the cost of the items insured according to the invoice from the Internet Store Order and cannot exceed $1,000.00 per Package.
- In the event of a loss, Shopfans is obligated to deposit into the User’s Account the Insurance payout according to these Terms and Conditions.
- Non-delivery of a Package from the Shopfans warehouse to the User’s Address is considered a loss. The loss is considered to have occurred the next working day after the expiration of 3 (three) calendar months after the Package was given a tracking number in the USPS system. A Package is considered delivered (that is, there is no loss) if the status “Delivered Abroad” or “at Foreign Delivery Unit” or “Attempted Delivery Abroad” is indicated for that package in the three month period from the time of its forwarding in the usps.com tracking system (exact address http://trkcnfrm1.smi.usps.com/PTSInternetWeb/index.jsp).
- Confiscation of a Package by Customs agencies of the country where the User Address is located is not considered a loss.
- Non-delivery of a Package in connection with the violation of the requirements of the postal and courier services for postal forwarding is not considered a loss.
- If a non-existent User Address is indicated by the User knowingly or accidentally, as a result of which the Package is undeliverable through the fault of the User, then such an event is not acknowledged as a Loss.
- Upon a loss, the User must notify Shopfans.com of the loss by e-mail at email@example.com and forward an electronic copy of the invoice from the Internet store indicating the insured items. The list and quantity of items in the invoice must correspond with the list and quantity of items indicated in the customs declaration filled out by the user at the Site for the lost Package.
- Shopfans verifies the loss and informs the User by e-mail about the loss or non-loss according to these Conditions within 5 business days after receipt of confirming documentation from the User in accordance with these Terms and Conditions.
- If a loss has occurred pursuant to these Terms and Conditions, Shopfans is obligated to deposit the Insurance payout into the User’s Account within 10 working days after receipt from the User of the confirming documents in accordance with these Terms and Conditions.
- If after depositing the Insurance Payout, the Package is delivered, i.e., the Package is given the status “Delivered Abroad” or “At Foreign Delivery Unit” or “Attempted Delivery Abroad,” Shopfans will deduct the total of the Insurance payout previously deposited from the User’s Account and will notify the User about this fact. Upon incurring a negative balance in the User’s Account, the User is obligated to replenish the User’s Account by the total of the indebtedness incurred within 5 working days.
The User pays Shopfans for Services in American dollars according to the Fees Schedule set forth in these Terms and Conditions by transferring funds to User’s Account on the Site. Shopfans deducts funds from the User’s Account for Services rendered and postal expenses (at the moment that the Package’s is forwarded). Any remaining funds in the User’s Account can be used for payment of future Shopfans Services.
Transfer of funds can be made by a bank transfer, a charge to a PayPal account, or by payment with a VISA card. Depending on the payment type, Shopfans charges a commission for compensation of its expenses connected with the funds transfer and currency conversion into U.S. dollars. The commission is collected as a percentage of the sum transferred and is indicated in the Fees section of these Terms and Conditions.
Upon replenishment of a User’s Account by a charge to a PayPal account or using a Visa card, the deposit of the funds into the User’s Account takes place instantly. Upon replenishment of a User’s Account by a bank transfer, the deposit into the User’s Account takes place within three working days. If the payment to the User’s Account does not take place within three working days, the User is obligated to send precise information about the payment to Shopfans by e-mail (firstname.lastname@example.org) (date and exact sum of payment after deduction of the commission, User’s bank name through which the transfer took place and the number of the payment order).
Fees for postal services are indicated at the address http://ircalc.usps.gov/ for the class of Package forwarding and country where the User Address is located.
Fees for Services are as follows:
- Handling of each incoming Internet Store Order: $5.00 US or $3.00 US
- Removal of invoices – $0.00 US for each Internet Store Order included in Consolidation.
- Removal of shoe boxes – $2.00 US for each Internet Store Order included in Consolidation.
- Insurance premium – $3.00 US for each $100.00 US of the Insurance Total indicated by the User.
Commission connected with transferring funds to the User’s Account:
- Using a PayPal account – 3.6% of the total payment
- Using a VISA card – 3.5% of the total payment
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Shopfans is not responsible for:
- Order content, completeness and compliance of articles, colors and sizes.
- loss, spoilage, or loss of quality of an Internet Store Order or Package or the components of its items occurring as a result of its delivery to the Shopfans warehouse from the Internet store or from the Shopfans warehouse to the User Address.
- correctness and accuracy of Customs Declarations executed by the User. In the event of tax charges and/or customs fees or confiscation of a Package in the process of the Package’s delivery to the User’s Address, the User expressly agrees that he or she will not make any monetary and/or non-monetary claims against Shopfans.
- a Package confiscated by Customs Agencies in the country where the User Address is located.
- Unclaimed Orders and Unclaimed Packages.
- time of a Package’s delivery, except in cases indicated in the Insurance section of these Terms and Conditions.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOPFANS IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOPFANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPFANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPFANS DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR E-MAIL SENT FROM SHOPFANS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPFANS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ERRORS AND INACCURACIES
Shopfans attempts to ensure that the information on the Site is accurate and complete. However, we do not represent or warrant that the information on the Site is accurate, complete, error-free, reliable, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice. We also reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information. We reserve the right to withdraw, temporarily or permanently, any content from the Site. You acknowledge that Shopfans is not liable to you or to any third party for such withdrawal, cancellation, or refusal.
By visiting the Site, you agree that the laws of the United States, State of Michigan, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Shopfans.
Any dispute relating in any way to your visit to Shopfans or to products or services sold or distributed by Shopfans shall be adjudicated in the United States in any state or federal court in Michigan, and you consent to exclusive jurisdiction and venue in such courts.
You agree fully to defend, indemnify and hold harmless Shopfans, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
700 Carpenters Crossing, Folcroft, PA, 19032-2011
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shopfans’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Shopfans that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Shopfans’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows: