BeinUS.com Terms & Conditions
I. TERMS OF SEVICE. The following are the terms of service provided by BeinUS.com
1. BeinUS.com will provide the Member with a U.S. street address for his/her use in the U.S.A.
2. BeinUS.com’s services consist of receiving the Member’s mail and merchandise, sorting it, packing it, transporting it to the Member’s country and delivering it to the Member’s specified local address during regular business hours.
3. BeinUS.com is not responsible for any merchandise that BeinUS.com received damage.
4. Membership is automatically renewed unless the Member advises BeinUS.com in writing he/she wishes not to renew their Membership.
5. Shipping charges are based on weight, but Dimensional weight may apply on bulky lightweight packages.
6. The BeinUS.com Member authorizes BeinUS.com to charge his/her credit card for Membership Dues, Shipping and Handling Charges. And charges for any Additional/Optional Services selected by the Member. If BeinUS.com receives a chargeback for any previous valid charges, then the Member’s account may be immediately terminated and all mail/packages will be held at BeinUS location for seller/retailer to retrieve them or properly discarded.
7. Any charges generated directly form this activity, such as taxes, customs duties and service fees presently in effect or established in the future, will be the responsibility of the BeinUS.com Member.
8. BeinUS has the rights to open and check the contents of any packages that arrive at BeinUS warehouse.
9. Activation of your U.S. address and/or its use after the effective date hereof will represent your acceptance of this agreement and the authorization to charge your credit card for all your future charges.
10. Illegal activity is not permitted by BeinUS.com. Any legal fees incurred by BeinUS.com enforcing the laws of the U.S. against a customer or potential customer will be the financial responsibility of the customer. See below regarding Compliance and Indemnification.
11. Membership starts the day we receive your application. BeinUS.com cannot send any shipments until the USPS Mail Forwarding Form 1583, or such other documentation BeinUS.com requires is received in its entirety.
12. The BeinUS.com Member is responsible for and warrants its compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, through or over which the BeinUS.com Member shipment may be carried. This responsibility includes, without limitation, determining any and all applicable license requirements, including without limitation US Department of Commerce export license, US Department of State export licenses and any and all import license requirements of the destination country, and obtaining same. The BeinUS.com Member agrees and acknowledges that the Member shall purchase any and all merchandise from United States sellers under an ex works agreement and that the BeinUS.com Member agrees to furnish such information and complete and attach such documents as necessary to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest, as defined by the United States Foreign Trade Statistics Regulations, in every transaction generated by Member of the ultimate destination of any items ordered by Member and gathering and providing to BeinUS.com all required information for export purposes from the United States Principal Party in Interest including without limitation the Export Control Classification
Number and, if a Shipper’s Export Declaration (S.E.D.) is required, the USPPI’s tax identification number.
13. If a Member does not pay for services rendered for a period over 30 days, his/her membership may be cancelled by BeinUS.com. All packages and mail will be held at BeinUS location for seller/retailer to retrieve them or discarded at the sole discretion of BeinUS.com. Member forfeits all claims to items abandoned in his/her mailbox, once his/her Membership is cancelled.
14. BeinUS.com has the right to hold all members merchandise that has suspicious activities such as using multiple credit cards and declined credit cards, ect. BeinUS member will have to provide us with the seller information such as website, name, telephone number, ect. until then BeinUS member account will be suspended until the investigation is complete. If BeinUS member fails to corporate his/her membership will be suspended/terminated all packages and mail will be held at BeinUS location for seller/retailer to retrieve them or discarded at the sole discretion of BeinUS.com
15. BeinUS.com will allow active membership customers to store their merchandise for up to 50 days at no charge. After 50 days, customer agrees to pay storage fees of $1.00 per box plus $1.00 per pound per month. Storage is not available for one time member.
16. BeinUS.com will consolidate up to 5 boxes at no charge for Diamond member, after 5 boxes BeinUS.com member agrees to pay $2.00 per box.
17. BeinUS.com charges $5 Personal Shopper fee per item order plus 6% of the total order for credit card payments and paypal payments or $16 of total order for wire transfer payments plus 3% - 6%.
18. BeinUS.com has a 48 hours holdover policy for credit card payment for security purpose. 19. Late Fees. All invoices past due over thirty (30) days will be assessed $10 plus 5% per month late fee. This fee will apply for each month an order is past due. Personal Shopper orders past due over 15 days will be assessed the $10 plus 5% late fee for each 15 days an order is past due.
20. BeinUS.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and condition anytime. Please review the terms and conditions periodically. Your continued use of site following the postings of changes and/or modifications will constitute your acceptance of the re-terms and conditions.
21. Personal Shopper Fees, Monthly Membership Fees, Setup Fees and Magazine purchases are non-refundable BeinUS.com will have the option to return all packages/mail to the senders and/or discard the items for accounts which are cancelled.
22. BeinUS will ship customers shipments out when payment is received, if at anytime there is a problem with payment, BeinUS has the right to Return the shipment back to BeinUS warehouse. If a shipment is Return due to payment problems, BeinUS will not be responsible for any shipping cost.
23. Either party may cancel this agreement with written notice(email, fax or letter) BeinUS.com Members will receive a prorated refund on the unused portion of their Annual Membership Fee. Annual membership refunds are based on the monthly membership usage rate. Diamond membership $8.25 per month or Plantinum membership $4.16 per month processed within ten (10 ) business days of cancellation.
24. If at anytime a BeinUS member has 2 declined credit card payments per month. There will be a fee of $1.00 per additional declined credit card payment.
25. If BeinUS member chose Paypal to make payment for shipping fee, BeinUS must receive payment before the shipment can leave our facility.
26. BeinUS.com reserves the right to discard at its sole discretion of all packages/mail left abandoned at BeinUS warehouse past 10 months.
27. Member represents and warrants that the Member is the end user of any and all merchandise that, The Member requests shipped to Member’s address and that any and all merchandise Member requests, Shipments will be used in the country that the Member requests shipment to and that Member will not re-export to a different destination.
28. Due to the high volume of fraudulent activities a proof of purchased such as credit card / bank statement or retailers purchased receipt may require, if other card holder a full contact information such as name, telephone number and credit card / bank statement or retailers purchased receipt may also required before shipment leaves BeinUS location for the following countries: Philippines, Vietnam, Singapore, Indonesia, Nigeria, Ivory Coast, Ghana, Russia, Ukraine, United Kingdom.
II. POWER OF ATTORNEY AND APPOINTMENT OF BEINUS.COM AS MEMBER'S AGENT
BeinUS.com Members must appoint BeinUS.com as the agent for the BeinUS.com Member for the performance of customs clearance, preparation of shipping documents, with full power of attorney to act as such an agent of the BeinUS.com Customer to the extent allowed by law for the specific purposes enumerated in this Section, including without limitation preparation of a certificate of origin, an SED, airway bill or any document required to ship merchandise to Member. If a Shipper's Export Declaration (S.E.D.) is required, or preparation of a Certificate of Origin for goods manufactured and originating within the United States on behalf of the BeinUS.com Member when one is required, BeinUS.com will file the required export information on behalf of the BeinUS.com Member as its agent pursuant to this section. The BeinUS.com Member must acknowledge that it has a duty to and is solely liable for providing all information required by United States' laws and regulations, including without limitation, information required by 15 CFR sec. 30 and maintaining all records as required under the customs or other government agency laws; BeinUS.com assumes no responsibility to act as a record-keeper or record-keeping agent for the either the Member or the USPPI. The Member is responsible to supply to BeinUS.com all information regarding the USPPI, including its name and employer identification number (EIN), and the 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 Statistics Regulations (FTSR).
III. INDEMNIFICATION. The following is the indemnification required by BeinUS.com from its members:
The BeinUS.com Member agrees that it will remain liable for and indemnify, defend and hold harmless BeinUS.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof forward, 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' fees 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:
a. 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;
b. 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 or 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;
c. BeinUS.com’s preparation, determination or execution of the documents (including international air waybills) or any other document necessary for transportation, including, but not limited to shipment addressing, routing, classification, licensing requirements, and value of goods/documents and value for carriage, except for claims arising solely from the gross negligence or willful misconduct of BeinUS.com;
d. BeinUS.com Member providing to BeinUS.com any information or documents, including without limitation any inaccurate or false information or documents;
e. BeinUS.com Member's failure to comply with the terms hereof or any U.S. or other jurisdiction's law applicable to the exportation or importation (into the destination country) of such shipments.
The Member acknowledges that the foregoing provisions are a material inducement to BeinUS.com to and enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
