Although you (“you”) have been looking at merchandise on a supplier’s (“Supplier”) website, any purchases that you make through this checkout will be made from Borderfree, Inc. ("Borderfree", “we” or “our”) (as more fully described below). By visiting this checkout and/or placing an order for the purchase of merchandise from Borderfree, you are agreeing that such order for a purchase (a “Purchase”) is bound by the terms & conditions (“Terms & Conditions”) set forth herein.
1. Nature of Transaction. Borderfree contracts with suppliers, including the Supplier, to avail suppliers’ merchandise to consumers, such as you, for delivery through the Borderfree network. Borderfree also provides you with an opportunity to make a Purchase at a price and in a currency selected by you, inclusive of international shipping costs, brokerage and customs clearance costs. You may also be given the option (a) to have the price be inclusive of import duty and taxes and/or (b) not to have the price be inclusive of import duty and taxes (and therefore be responsible for payment of import duties and taxes). Please note that the Purchase total is exclusive of any surcharges that may be imposed by the issuing bank of any credit card you use for the Purchase. By making a Purchase through this checkout (and therefore with Borderfree), you acknowledge that your transaction will be with Borderfree, not with the Supplier, and that (upon successful verification by Borderfree of the authenticity and sufficiency of the payment information you provide) Borderfree will purchase the merchandise from the Supplier for the sole purpose of reselling it to you at a price equal to the amounts presented to and agreed-upon by you. Borderfree will provide the Supplier with Borderfree’s own payment information to purchase the merchandise in your Purchase. Borderfree will resell such merchandise to you and bill the payment information you have provided. You acknowledge that if Borderfree is unable to to verify the authenticity and sufficiency of the payment information you provide, or if Borderfree is unable to verify the information automatically, Borderfree representatives may contact you and/or your tender type issuer and/or take other actions (including looking at publicly available information) to confirm your identity and/or your intent to place the order. Borderfree has not accepted your Purchase, and Borderfree makes no commitment of any kind to provide merchandise to you, until Borderfree has accepted your Purchase and actually received the merchandise that you ordered from the Supplier. The merchandise in your Purchase shall materially conform to the product description of said merchandise that you viewed (prior to purchase) on Supplier’s website. If you are under 18 years old, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this checkout only with the permission and involvement of a parent or guardian. Borderfree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2. Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). Merchandise available for Purchase from Borderfree is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items in a Purchase will not be re-exported, sold, or transferred in violation of any applicable laws, including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury. Any attempt to have commodities, technology and/or software exported from the United States not in accordance with the U.S. Export Administration Regulations and any other applicable law is strictly prohibited. ALTHOUGH WE ARE FACILITATING A PURCHASE AND DELIVERY TO YOU, YOU ARE THE IMPORTER OF RECORD AND YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS OF THE COUNTRY INTO WHICH THE PURCHASED ITEMS ARE BEING IMPORTED. It is your responsibility to know the laws in the country into which you are importing. By purchasing items hereunder, you are acknowledging that said import does not violate any laws or regulations in the country into which the purchased merchandise will be imported. 3. Title to Merchandise. All Purchases are made pursuant to a shipment contract. After Borderfree purchases and takes title to the relevant merchandise from the Supplier to fulfill your Purchase, title of said merchandise shall transfer from Borderfree to you, in the United States, at the time Borderfree ships the merchandise to you from Borderfree's facility in the United States. In some cases, the Supplier may act as our shipping agent and facilitate delivery of the merchandise to you. In such case, the title to said merchandise will transfer to you from Borderfree at the time of shipment from the Supplier’s facility.
4. Pricing and Billing. Borderfree strives to provide accurate pricing information regarding the products. Borderfree cannot, however, insure against pricing errors. Borderfree reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product that was priced incorrectly on a Supplier website or in this checkout as a result of an error. If this occurs, Borderfree will notify you by email. In addition, Borderfree reserves the right, at its sole discretion, to correct any error in the stated full retail price. You will be presented with one or more payment options and be billed by Borderfree. Charges to your account may be accompanied by a descriptor that includes “Borderfree”, “BF”, the Supplier name or some combination thereof. Borderfree complies with the applicable rules regarding those payment options (including the time line of when you will be billed). In the event of the receipt of any parcel from Supplier containing only part of an order, Borderfree will process the merchandise received (unless you agreed with Borderfree for a different option), and will only bill for an amount commensurate with the price of the merchandise therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT, if applicable. Notwithstanding the foregoing, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Borderfree exceed the total amount presented at the time of order placement by you.
5. Shipping and Brokers. By making a Purchase, you hereby authorize a licensed customs broker chosen by Borderfree to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise, and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. Please note that we do not ship certain merchandise, to certain locations, or to certain people (due to legal restrictions and/or other reasons).
Shipments to Canada: By ordering merchandise from Borderfree, you hereby authorize a licensed Canadian customs broker, chosen by Borderfree, to act as your agent, and to transact business with the CBSA (Canada Border Services Agency) to clear your merchandise, account for duties and taxes, to return merchandise to Borderfree, and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Borderfree. In this connection, you also authorize the customs broker to endorse any refund check issued by the CBSA in your name, so that Borderfree can be reimbursed.
Shipments to the Russian Federation: When making a Purchase of merchandise destined for the Russian Federation, you may be given the option to select DHL Express as the shipping carrier responsible for delivery. By selecting DHL Express as the shipping carrier responsible for delivering your order to the Russian Federation, you hereby also agree (in addition to these Terms & Conditions) to DHL Russia’s terms and conditions documented at www.borderfree.com/DHL-Express-Russia.
6. Customs, Duties, Taxes and Collection Fees. When you are making a Purchase, you may be given an option to prepay or not prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). We will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your Purchase.
Prepaying Import Fees: If you choose to prepay the Import Fees, you agree and acknowledge that (a) the actual Import Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Fees differ from the Estimate.
Deferring Payment of Import Fees: IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES, YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT BORDERFREE, THE BROKER, THE SHIPPER, THE SUPPLIER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; AND (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY NOT ONLY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES, BUT ALSO MAY PUT YOU AT RISK OF POTENTIAL LIABILITY FOR TAXES AND OTHER FEES.
Failure to Pay Import Fees: MOREOVER, IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES AND IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID BORDERFREE FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO BORDERFREE IN THE U.S. AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) YOU UNDERSTAND THAT ALL SALES ARE FINAL AND WE ARE NOT REQUIRED TO REFUND YOU THE COST OF THE MERCHANDISE, BUT WE MAY DO SO IN CERTAIN CASES IN OUR SOLE DISCRETION; (4) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (5) YOU WILL NOT REQUEST THAT BORDERFREE OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (6) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OF ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT BORDERFREE OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (7) IF BORDERFREE (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN OUR SOLE DISCRETION DECIDE TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (8) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (9) ANY PORTION OWED TO BORDERFREE (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE), THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.
9. Contacting Borderfree. You can contact Borderfree (for questions, comments, praise, complaints, etc.) at firstname.lastname@example.org, 212-299-3555, 292 Madison Avenue, 5th Floor, New York, NY 10017 or by facsimile at 212-504-8033.
10. Electronic Communications. When you visit this checkout 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 this 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.
11. DISCLAIMER OF WARRANTIES, LIMITED WARRANTY BY SUPPLIER AND LIMITATION OF LIABILITY. THIS CHECKOUT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS CHECKOUT ARE PROVIDED BY BORDERFREE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BORDERFREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS CHECKOUT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS CHECKOUT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS CHECKOUT IS AT YOUR SOLE RISK.
AS DETAILED ELSEWHERE HEREIN, YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM BORDERFREE AND NOT THE SUPPLIER. NONETHELESS (AND WITHOUT LIMITING OR ALTERING THE DISCLAIMERS AND LIMITATION SET FORTH ABOVE OR BELOW) BORDERFREE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEBSITES AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH BORDERFREE FOR MERCHANDISE. YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE SUPPLIER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. THE SUPPLIER PROVIDES ALL PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO BORDERFREE, AND BORDERFREE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. BORDERFREE PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE IT SELLS TO YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BORDERFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE YOU PURCHASE. YOU FURTHER AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER’S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED BORDERFREE TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING YOU TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES. 12. LIMITED WARRANTY BY BORDERFREE AND LIMITATION OF LIABILITY. BORDERFREE PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF MERCHANDISE AS SET FORTH AND LIMITED BY THIS SECTION. YOU ACKNOWLEDGE THAT BORDERFREE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF MERCHANDISE YOU PURCHASE, UNLESS CAUSED BY BORDERFREE DURING THE STORAGE, HANDLING, OR DELIVERY OF THE MERCHANDISE FOLLOWING ITS RECEIPT BY BORDERFREE. BORDERFREE SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY MERCHANDISE YOU INSTRUCT BORDERFREE TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE MERCHANDISE CANNOT BE SHIPPED TO YOU. IN ADDITION, BORDERFREE SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, BORDERFREE'S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD$2,500.00, WHICHEVER IS LESS. BORDERFREE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE MERCHANDISE WAS NOT RECEIVED BY BORDERFREE FROM THE SUPPLIER AT BORDERFREE’S APPLICABLE FACILITY IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU, AT BORDERFREE’S APPLICABLE FACILITY IN YOUR COUNTRY OR THE U.S., OR WAS NEVER IN BORDERFREE'S PHYSICAL POSSESSION, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE MERCHANDISE BY BORDERFREE. NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, BORDERFREE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES.
13. ADDITIONAL LIMITATION OF LIABILITY. THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THESE TERMS & CONDITIONS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE MERCHANDISE, BORDERFREE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SAID MERCHANDISE.
14. Copyright. All content included on this checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Borderfree, the Supplier or its licensors and protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of Borderfree, the Supplier or its licensors and is protected by U.S. and international copyright laws.
15. Trademarks. Borderfree, borderfree.com, FiftyOne, fiftyone.com, E4X and e4x.com and other borderfree.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Borderfree in the U.S. and/or other countries. Borderfree's trademarks and trade dress may not be used in connection with any product or service that is not Borderfree's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Borderfree. All other trademarks not owned by Borderfree that appear in this checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Borderfree.
16. Patents. One or more patents owned, pending or licensed by Borderfree may apply to this checkout and to the features and services accessible via this checkout, including US Pat. No. 6,892,184 and US Pat. No. 6,460,020.
17. Severability. These Terms & Conditions state the entire agreement between you and Borderfree. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and Borderfree agree that it is our mutual intent that these Terms & Conditions, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
18. Jurisdiction and Applicable Law. The laws of the State of New York in the United States of America, excluding its conflicts-of-law rules, shall govern this Agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country or your State, and you acknowledge that Borderfree and the Supplier would not facilitate your Purchase if that were not the case. These Terms & Conditions and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS SITUATED IN THE STATE OF NEW YORK IN ANY ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE CONDITIONS OF US, AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
19. Modifications. We reserve the right to make changes to our checkout, policies, and these Terms & 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.
Last updated June 13, 2014