All services provided by Bellshipitnow are governed under our Terms and Conditions, and are subject to change at any time. These Terms and Conditions apply to a standard routed export transaction, when Member purchase products in the United States from merchants acting as the U.S. Principal Party in Interest, as defined by the United States Foreign Trade Regulations. Part VIII, below, provides additional terms when Members engage in a direct export transaction as the U.S. Principal Party in Interest.
Information Bellshipitnow May Collect on the Website
We collect several types of information from and about you when you access and use the Website, including the following:
Non-Personal Information. When you visit the Website, we may collect non-personal information about you automatically as you navigate through the Website via certain Internet technology tools, including cookies, web beacons, and other tracking technologies. "Non-personal information" we may collect includes, for example, your IP address, details about how you use the Website, what Website features you access, information regarding the type of browser and operating system that you use, what website you linked from to the Website, other websites you have visited, and other similar analytic data. Non-personal information also includes personal or non-personal information that has been aggregated or pseudonym zed in such a way that you cannot easily be identified individually. We may use third party service providers to assist us in collecting and analyzing non-personal information or to provide advertisements or other content on the Website.
Personal Information. We may collect personal information: (1) when you provide it to us directly, including through forms on the Website (including, for example, when you register for our service, purchase a membership, use our services, or otherwise); (2) when you send us an email or contact us using the Help page or Live Chat; and (3) from third-party service providers who assist us in collecting and analyzing personal information.
If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Bellshipitnow a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
How We Use the Information We Collect
We use personal and non-personal information:
To determine how much traffic the Website receives, to statistically analyze Website usage, to diagnose problems with our server, to improve Website content, to customize the Website's content, layout and services, and to otherwise provide the Website to you and other users;
To process payments and complete transactions;
To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
To send an initial, one-time greeting, to send you notices with respect to receiving and forwarding your packages, to occasionally email you notifications of any announcements at Bellshipitnow, and to send newsletters or special offers to members if you have requested that service;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To fulfill the purpose for which you provide it;
As otherwise may be disclosed at the point of collection; and
For any other purpose with your consent.
We do not sell, rent, or loan our email lists to outside firms.
We may retain the content of any emails or messages you send us, and your name, your email address, and our response in order to handle any follow-up questions you may have. We may also use this information to measure how effectively we address your concerns.
Information Sharing and Disclosure to Third Parties
Non-Personal Information. Because non-personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.
Personal Information. Bellshipitnow may share or disclose your personal information:
To affiliated companies or other trusted businesses or persons who work on behalf of or with Bellshipitnow. Bellshipitnow may use third party service providers to host the Website or perform other Website functions, to help Bellshipitnow administer our business, or to communicate with you about offers or other information relevant to your relationship with Bellshipitnow. For example, we may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise our legal rights or defend against legal claims;
If Bellshipitnow believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
With a potential acquirer or buyer, if Bellshipitnow becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
To fulfill the purpose for which you provide it;
As otherwise may be disclosed at the point of collection; and
For any other purpose with your consent.
Transfer of Personal Information to the United States
Upon written request and verification of your identity, we will provide you with your personal information in our possession. You may request such information by contacting us as described below. You may also update or correct your personal information in our possession by contacting us as described below or by updating your information through the Website.
Please note that if you request we delete your information, which deletion may not happen immediately. We may retain your personal information subject to our reasonable business or legal requirements to do so, including, for example, to comply with requests from law enforcement.
Your California Privacy Rights; Do-Not-Track Disclosure
California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding Bellshipitnow’s disclosure of personal information to third parties for those third parties' direct marketing purposes. To make such a request, please contact us as described below.
Links to or from Third Party Websites
You may have the opportunity to follow a link to other websites that may be of interest to you from this Website. Bellshipitnow endeavors only to link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by Bellshipitnow and Bellshipitnow is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before following such links.
Our website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. Bellshipitnow is not responsible for those products or services or the privacy practices of those affiliates; you should contact those affiliates directly if you have questions or concerns about their privacy practices, products, or services.
Bellshipitnow takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your personal information. These measures include internal reviews of Bellshipitnow’s practices and security measures, including a review of Bellshipitnow's encryption and physical security measures to guard against unauthorized access to systems where Bellshipitnow stores personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your personal information also depends on you. You are responsible for maintaining the confidentiality of your username, suite number, password, and other login credentials. Bellshipitnow recommends that you do not share that information with third parties. We also recommend that you be careful not to post any personal information in public areas of the Website, such as the Blog, as that information may be viewed by other users or third parties that you do not know.
Children Under the Age of 13
Bellshipitnow is committed to protecting the privacy of children. Bellshipitnow does not knowingly collect personal information from children under the age of 13. If you are under 13, you may not use this Website or provide any information to us through the Website. If a child under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us as described below, and we will remove the information.
TERMS AND CONDITIONS
Bellshipitnow reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member's responsibility to review the Bellshipitnow’s Terms and Conditions periodically as continued use of Bellshipitnow's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Bellshipitnow.
Bellshipitnow prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Bellshipitnow in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
Membership starts the day the Member's application is received by Bellshipitnow. Bellshipitnow cannot arrange for any shipments until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 before sending mail for Premium+Mail Members.
The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement. For more information, please see your Countries Prohibited Items.
I. USER GUIDELINES
You agree to adhere to the following guidelines when using this Website:
You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not access or attempt to access Bellshipitnow's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
You may not use any device, software, or routine that interferes with the proper working of the Website.
You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
II. TERMS OF SERVICE
Bellshipitnow will provide the Member with a suite number at the Bellshipitnow facility in the United States at which the Member can have mail and/or merchandise delivered prior to export.
Bellshipitnow’s services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, Bellshipitnow arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Bellshipitnow does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Bellshipitnow will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail and packages will be sent. Members also authorize Bellshipitnow as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of a Bellshipitnow Member.
Bellshipitnow also will receive the Member's mail (i.e., letters, catalogs, and newspapers), Bellshipitnow cannot hold or store mail that will not fit into a 4 inch-tall mailbox. Bellshipitnow will notify the Member via e-mail once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that Bellshipitnow discard the mail. If no reply is received from the Member, Bellshipitnow, in accordance with these terms, understands that the Member is directing Bellshipitnow to send the mail to the Member's address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
The Member authorizes Bellshipitnow to charge his/her payment method for all services and/or account activity with Bellshipitnow. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Bellshipitnow to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
Insurance costs for shipments of merchandise are based on the insured value. Each US $100 of insured value costs US $2. 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
Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Bellshipitnow. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Bellshipitnow is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Bellshipitnow for damage or loss caused to any items before delivery to Bellshipitnow or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. Bellshipitnow has an Inland Marine insurance policy, with a liability limit of $500,000. Bellshipitnow does not maintain its own Aircraft Accident Liability Insurance coverage.
Either party may cancel the Membership Agreement with written notice (via email, fax, letter, or, to the extent provided by the Bellshipitnow website, online).
Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Bellshipitnow by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to Bellshipitnow and grants to Bellshipitnow a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to Bellshipitnow.
If a Member's account charges become delinquent for more than thirty (30) days, Bellshipitnow 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 rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
Without limiting the generality of the foregoing, Bellshipitnow may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member to Bellshipitnow are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on Bellshipitnow 's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of Bellshipitnow or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. Bellshipitnow shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
Title to any items that cannot be exported after arrival at the Bellshipitnow facility will be forfeited by the Member. Bellshipitnow will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Bellshipitnow warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Bellshipitnow warehouse.
The Member's Bellshipitnow suite number is to be used only for package consolidation purposes. The Member will not represent that its Bellshipitnow suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Bellshipitnow suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's Bellshipitnow account.
The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Bellshipitnow is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
The Member also is responsible for informing the seller that any merchandise purchased and sent to Bellshipitnow’s facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Bellshipitnow by the seller.
III. COMPLIANCE WITH LAWS
A. Compliance With Export and Import Laws
The Member is responsible for and warrants his/her 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 Member'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.
The Member represents and warrants 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 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 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. 4601-4623), 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 you can and cannot have processed by Bellshipitnow is available on our Prohibited and Restricted Items page.
The Member represents and warrants that (a) the recipient of any items consolidated by Bellshipitnow is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Bellshipitnow with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by Bellshipitnow will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through Bellshipitnow, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. Bellshipitnow reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by Bellshipitnow.
If you are a reseller, you agree to be bound by the following terms:
As a condition of your membership with Bellshipitnow, you agree to be bound by all terms and conditions of Bellshipitnow. The most recent version of the Bellshipitnow Terms & Conditions are available at http://www. Bellshipitnow.com/terms-conditions-privacy/. The Bellshipitnow Terms & Conditions are subject to change at any time.
You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of Bellshipitnow to any destination, 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 that you add to your account and customers to whom you resell do not appear on a U.S. Government denied party list.
You recognize that products consolidated and exported using the services of Bellshipitnow 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:
made in the U.S. or contains a certain amount of U.S.-origin content;
foreign-origin but has "traveled" through the U.S.;
developed from U.S. technology;
sold by a U.S. citizen anywhere in the world; or
made by a U.S. company anywhere in the world.
Thus, the products consolidated and exported using the services of Bellshipitnow from the United States are subject to the controls of the EAR.
We have attached links to pertinent government websites for your convenience:
Export Administration Regulation (EAR) § 736 – 10 General Prohibitions
International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 - 130
Consolidated Screening List for U.S. Government Denied Parties
You represent and warrant that the items you purchase for resale will be sold or distributed by your organization and that with respect to such items you 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 your 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 Control 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. 4601-4623), 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. You also will ensure that any person or name to which you are shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.
You also agree that you will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, you certify that pursuant to Section 744.17 of the EAR, you will not re-export items classified as 3A991.a.1 without an export license from BIS if you 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/index.php/forms-documents/doc_download/944-740-supp-1).
You agree that only items purchased from the United States will be routed through Bellshipitnow (i.e., you will not knowingly purchase items from outside of the United States to be imported to the Bellshipitnow facility in the United States).
You recognize that when purchasing merchandise you are responsible for notifying, and agree that you will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that you intend to export the merchandise purchased from the United States. You agree to provide to Bellshipitnow 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).
You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of Bellshipitnow. You are responsible for complying with all import obligations or license requirements of the destination country.
To the extent that you are a reseller and the ultimate purchasers (i.e., your customers) are known to you at the time you export merchandise using the services of Bellshipitnow (e.g., your transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:
You must provide Bellshipitnow with the identity of your customer prior to conducting a transaction on behalf of that customer. The customer should be added to your Bellshipitnow account as an additional named person benefitting from the account (i.e., added as an "additional name"). Ultimately, you are responsible for conducting screening to ensure that you do not export to Prohibited Persons as defined in the Bellshipitnow Terms and Conditions using the services of Bellshipitnow or its unaffiliated freight forwarders and/or carriers
Your customers also must agree in writing (or by electronic affirmation) to be bound by the Bellshipitnow Terms and Conditions. Bellshipitnow has the right to request a copy of this writing at any time. You should provide your customers with language along the following lines prior to engaging in a transaction with these individuals:
"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at www.123buyusa.com."
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
Hazardous materials (matches, chemicals, explosives)
Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
Coffee (restricted to some destinations)
Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Bellshipitnow may not be returned to or resold in the United States.
Animals and products made with animal skin (furs)
Alcohol (Bellshipitnow may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia)
Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit
Lottery tickets and gambling devices
Prescription and/or veterinary medication
Lock picking devices
Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. Member also understands that Bellshipitnow is not responsible for the loss of any software and/or data.
The Member acknowledges that Bellshipitnow will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Bellshipitnow. The Member also acknowledges that Bellshipitnow does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by Bellshipitnow is available on our Prohibited and Restricted Items page.
The Member is responsible for confirming that prohibited items listed in the Bellshipitnow Prohibited and Restricted Item page are not sent to Bellshipitnow. See Prohibited Items Guide for more information. Bellshipitnow reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website.
C. Prohibited and Restricted End Users and Destinations
Bellshipitnow will not provide services to any of the following countries/regions:
Ukraine: Crimea Region
Bellshipitnow 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. Bellshipitnow reserves the right to update this list at any time to reflect current law and regulations. Bellshipitnow also will not provide service 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 C.F.R. part 744).
At no time shall the Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a "Prohibited Person" shall mean (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" within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., 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 (with the list available on OFAC's website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
In the event that the Member is believed potentially to be a Prohibited Person or requests that Bellshipitnow arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, Bellshipitnow may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of Bellshipitnow, Bellshipitnow reserves the right to remove the shipping address of such potential Prohibited Persons from the Member's account or to cancel the Member's account, Bellshipitnow also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of Bellshipitnow or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
D. Compliance with the Foreign Trade Regulations
Bellshipitnow takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by the Member and the U.S. seller.
The Member 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 Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member. The Member agrees to provide to Bellshipitnow 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).
If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing Bellshipitnow with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value provided to Bellshipitnow is true and accurate. The Bellshipitnow Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member 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.
E. Fraud Prevention
Bellshipitnow uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, BELLSHIPITNOW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Bellshipitnow immediately, and Bellshipitnow will cancel such account.
You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to Bellshipitnow is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.
IV. APPOINTMENT OF BELLSHIPITNOW AS MEMBER'S AGENT
As a Member, you grant Bellshipitnow a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
preparation of shipping documents;
preparation of any Certificates of Origin;
preparation of an EEI via AES in accordance with the laws and regulations of the United States;
preparation of an airway bill or any other document required to export merchandise to Member;
entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
If an EEI (for which a charge consistent with Bellshipitnow's current schedule of fees will apply) is required for goods originating within the United States, Bellshipitnow will file the required export information on behalf of the Member as its agent pursuant to this section. If the Member or the USPPI fails to provide all of the information needed to accurately file an EEI, Bellshipitnow will decline to process the merchandise for export. Bellshipitnow reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, Bellshipitnow will not reimburse the Member for the value of the merchandise.
The Member 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. Civil or criminal penalties may be imposed against the Member by the U.S. government for making false or fraudulent statements with respect to this information.
Bellshipitnow assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the USPPI. The Member is responsible to supply to Bellshipitnow all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number ("ECCN"), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR). The Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless Bellshipitnow 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 Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member 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 Member in connection with this Agreement;
Bellshipitnow '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 Bellshipitnow;
the Member providing to Bellshipitnow any incomplete or false information; and
the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
The Member acknowledges that the foregoing provisions are a material inducement for Bellshipitnow to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your 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.
VII. NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Bellshipitnow as a result of this Agreement or your use of this Website.
VIII. DIRECT EXPORT TRANSACTIONS (i.e., non-routed exports)
For Members acting as the U.S. Principal Party in Interest:
Any reference to "Member or the USPPI" should be read as "Member."
The following excerpt of Part II is amended to read:
The Member's unique Bellshipitnow address is to be used only for package consolidation purposes. The Member will not represent that its Bellshipitnow address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Bellshipitnow address is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's Bellshipitnow account.
Part III.A.7 above amended to read:
7. You recognize that you are the title holder and reseller of merchandise to be exported, and thus you are the United States Principal Party in Interest ("USPPI") as defined by the United States Foreign Trade Regulations. When purchasing merchandise you are responsible for notifying, and agree that you will notify, each merchant that you intend to export the merchandise purchased from the United States. You agree to provide to Bellshipitnow all information that may be required from you as the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
The following excerpt of part III.D. is amended to read:
The Member 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 merchant about the nature of the export in every transaction generated by the Member. The Member agrees to provide to Bellshipitnow all required information for export purposes as the USPPI, including without limitation the Export Control Classification Number and the tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
In Part IV, the following sub-provision is added:
The Member also authorizes Bellshipitnow to be its agent for purpose of providing packages to the carrier selected by Member and for the purpose of engaging and filing documents with respect to the exportation of products from the United States.
IX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Bellshipitnow with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bellshipitnow with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
X. CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of New York. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States 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.