Welcome to Potail! We hope you enjoy our website and services. This is a user agreement. We recommend you print this out or retain a copy of this document electronically. These terms and conditions explain Potail’s obligations to you and your obligations to Potail, and they govern your use of the Potail website, your Potail account, and the Potail services provided to you. If you register for a Potail account on behalf of you and your entity, you and your entity will accept this legal user agreement. You acknowledge and agree what you have read and will comply with all of these terms and conditions.

A. Use of the Potail website and your Potail account

1. The Terms ‘You’ ‘Your’ ‘We’ ‘Our’ and ‘Potail’.

In these terms and conditions, the terms ‘you’ and ‘your’ refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms ‘we’ ‘our’ and ‘Potail’ refer to Potail Inc. , its related companies (Potail Limited; Potail Inc.; and Potail Private Limited), and/or its third party suppliers.

2. Acceptance.

You agree that clicking the ‘I Accept’ button prior to registering for a Potail account is valid and equivalent to signing a hard-copy printed agreement between you and Potail. You may decline the terms and conditions, but if you do so, you will not be able to open an account or use Potail services.

3. Account Creation.

To register to use Potail services, you need to provide Potail with a current, valid e-mail address, your street address, and contact phone numbers. You certify that the information you provide is accurate and that you will update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You may not open more than one Potail account.

4. No Transfer of Account.

You may not transfer your Potail account or your account login/password to any other person.

5. Specified Countries.

You may only create a Potail account and use Potail services if you reside in a country listed in the pull-down menu on the Potail website.

6. Security.

You agree to keep your Potail password confidential, to safeguard it and your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the Potail website and of your Potail account made under your login and password. If you become aware of or suspect any unauthorised use of your Potail account, or any known or suspected security breach such as disclosure or loss of your password or theft of your Potail account information, you should notify Potail promptly. We will immediately block or deactivate your account, and, depending on the circumstances of the security breach, we may allow you to open a new account.

7. Your Warranties and Representations.

You warrant and represent that: a.you are at least 18 years of age or the legal age of majority in your country,

b.you have obtained all necessary permissions to enter into and perform this agreement, and

c.you will use the Potail services only for lawful purposes and in accordance with these terms and conditions.

8. Privacy; Data Protection.

In order to provide quality services to you, we collect certain personal information about you, including but not limited to your name, address, e-mail address and telephone numbers. Our website also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalise your experience as a Potail customer. Our information practices are subject to Potail’s Privacy Policy. The information you submit when opening a Potail account and when you transact business via the Potail website may be transferred to, stored in and/or processed in Belgium, France, the United Kingdom, the United States, or any other country when such transfer, storage and/or processing are necessary to provide Potail services to you. By opening a Potail account, you consent to the transfer, storage and/or processing of that information in such countries. If you object to your information being transferred, stored or processed in this manner, or if you object to the use of cookies or to our Privacy Policy, please do not use Potail services.

9. Your Use of the Website.

You may not use the Potail website or Potail services for any unlawful purposes. We reserve the right to terminate or restrict your access to your Potail account and your use of Potail services if, in our opinion, your use may violate any laws, infringe upon another person’s rights, or breach the terms of this Agreement.

a. You may use the Potail website and Potail services solely for your personal use (including your friends and family members – see section 24) or for use by the business entity you represent. If you intend to resell products you receive via Potail services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable restrictions on resale required by the merchant.

b. You may not offer for sale, resell, market, distribute, create a database from, or otherwise commercially exploit in any manner any of the content on the Potail website or information generated using the website.

10. Shipping Cost Calculator.

When you use Potail’s proprietary Shipping Cost Calculator for an advance determination of the combined costs of duty, taxes and international shipping, the resulting cost is an estimate only, based on the information you provide. The actual cost may vary from the estimate due to several factors, including but not limited to: changes in delivery company rates or an unavoidable fuel surcharge that our delivery company may impose (which we pass on to you with no mark-up); changes in currency exchange rates; differences between the estimated and the actual package weights; discrepancies between the estimated and actual product classification or value; the use of volumetric weight calculations for bulky, lightweight packages; and/or additional local delivery charges if your delivery address is in a remote geographic area. Special note: Some destination countries may assess government mandated clearance fees in addition to duty and tax. Depending on the nature of these fees, they may or may not be included in the Shipping Cost Calculator estimate. They will however be included in the charges assessed at shipment release.

11. Malicious Content.

We make all reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. Please take appropriate safeguards before downloading information from the Potail website.

12. Intellectual Property.

Potail websites, user interfaces, ‘ the content, the Shipping Cost Calculator, and all associated and underlying software, know-how, methodologies and processes are and will remain the sole property of Potail or its third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The use of the software, the data generated by the software, and all other materials made available on this website are licensed to you by Potail on a nonexclusive and limited basis.

a. You may not copy, reverse engineer, decompile or create derivative works from the Potail website.

b. You may not use any meta tags or any other ‘hidden text’ which incorporate Potail’s name or trademark unless we give our prior written consent.

c. While you are using the website, you may print out or electronically store any or all of the web pages or screens but solely for your personal use.

d. You may not scrape, frame or display information from the Potail website for use in another website or service without our prior written consent.

e. You may not place a hyperlink to Potail on your site except in the manner we specify.

13. Infringement; Counterfeit goods

a. We respect the intellectual property rights of others, and we make efforts not to publish any material that is subject to third party copyright, trademark or other legal protections. If you believe any material on the website infringes your intellectual property rights, please inform us by submitting an Infringement Complaint.

b. Potail takes seriously the problems caused by Internet advertising and sale of counterfeit goods – which are also known as “knock offs”, replicas, faux or fake products. Counterfeit goods are imitations of well-known brands. They are typically sold at prices lower than the genuine product, and they almost always bear what looks like the genuine product’s trademark or logo. Ads for these products may or may not specify that they are replicas, and they are often difficult to distinguish from the genuine product – particularly in online ads where you don’t have the chance to examine the goods themselves. While we make every effort to ensure that our service is not used for the sale of counterfeit goods, and we carefully select the merchants and products linked to our websites, we cannot guarantee that every item advertised and/or delivered through our cross-border shopping service is 100% authentic. But we do commit to investigate all problems,

c. If you are the rightful owner of a trademark or other intellectual property, and you know or suspect that your rights are being infringed by the advertising of counterfeit goods on any Potail website and/or the shipment of such goods through our international delivery services, please inform us by submitting an Infringement Complaint.

d. After we receive your complaint, we will conduct an investigation. If we determine that counterfeit goods infringing your rights are indeed being advertised and/or distributed through Potail, we will take appropriate action such as:

– removing the ad for the infringing product

– prohibiting the merchant of the infringing product from advertising on Potail websites

– disabling the customer’s account if the customer is knowingly importing counterfeit goods using Potail services

– notifying law enforcement authorities

 

14. Trademarks.

‘Potail’ is a trademark, with registrations granted in numerous countries. Use of this website does not grant you a license to use the Potail trademark. It may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as part of a copy of any of these web pages or screens as authorised in 12.3 above) without our written permission. All other trademarks or trade names displayed or referred to on our website are the property of their respective owners.

15. Other Websites.

Potail is not responsible for the content or accuracy of information obtained from any third party (non-Potail) website which may be linked to the Potail website, or which you may access from this website.

16. Disclaimer of Warranty.

Your use of the website is at your own risk, and you acknowledge that Potail web-based services are provided on an ‘as is’ and ‘as available’ basis. While we endeavour to provide accurate and current information via our website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. The website is not warranted to be uninterrupted or error-free. Potail is not liable for any inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, software you use for such access, or other causes beyond Potail’s control.

17. Limitation of Liability.

In no event will Potail be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your Potail account or the Potail website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during international shipment (which is covered in section 38 below), Potail’s maximum liability, and your exclusive remedy with respect to any errors in Potail services provided to you under this agreement, is limited to US$100 (or equivalent) per incident. Some countries or states do not allow the disclaimer of implied warranties or limitation of certain damages, so such disclaimers and limitations may not apply to you.

18. Notices.

E-mail notices, newsletters and/or information on the website will be the primary methods by which we will communicate. We will send notices and any other pertinent information to you at the e-mail address you supply when you open your Potail account or have subsequently updated. You can send notices or other communications to Potail using the e-mail, Live Chat or Phone Callback links on the Contact Us page.

19. Modification of Potail Terms and Conditions.

We may modify these terms and conditions at any time without notice. Your continued use of your Potail account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.

B. Your purchase of products from merchants

20. Ordering Products.

You place an order with an online merchant, either through links on this website or directly from the merchant’s website, or via our Concierge Service (see section 23 below). You will pay the merchant directly for the product and the cost of domestic shipping (if applicable), for delivery to your Potail address. You agree to comply with any conditions and restrictions of sale which are specified on the merchant’s website or which you are notified of during the purchase process.

21. Correct Addressing.

You will take all reasonable measures to ensure that the products you order are correctly addressed to your Potail address, including your name and exact suite number. As noted in section 30, additional handling fees in identifying the recipient may apply if your package was incorrectly or inadequately addressed.

22. Purchase Transaction Solely Between You and the Seller.

Potail provides services enabling you to shop online from merchants’ websites in another country and have products delivered to you in your home country; however, Potail does not sell the products to you. You are solely responsible for selecting and ordering the products from the merchant, and your purchase of a product is a transaction solely between you and the merchant.

a. Potail makes no representations, warranties or guarantees regarding the quality or suitability of the products you order.

b. We have no liability for any failure of a seller to ship to your Potail address or to fulfill your order, or for any defects in any product you purchase, or any injury or damage that any product may cause, or for any other failure of the product to meet your expectations.

c. We do not handle communications with sellers regarding product exchanges. That is your responsibility. We will, upon your request, arrange for the return delivery of item(s) ordered from the seller if the goods are still at your Potail address. Applicable return charges will apply.

d. If after delivery to you, you determine that any product is defective or does not otherwise meet with your expectations, you agree that you will hold Potail harmless from any liability and will seek any remedies solely from the seller. See Section 41 for return procedures.

23. Concierge service

If the merchant does not or will not accept your international payment method, you may use our Concierge Service for a nominal fee. Concierge Service places the order for you in your name as the ‘purchaser,’ according to the instructions you provide, and pays for the purchase on your behalf. For detailed information, see our Concierge FAQ. The following conditions apply to all Concierge orders:

a. The instructions you give us in the Concierge Order Form must specify the exact product description (including price, quantity, colour, size, merchant’s reference code, etc.) and any discount codes you believe may apply.

b. A Concierge order cannot be changed or cancelled once it has been placed.

c. We will not place (or we will cancel) a Concierge order if you do not supply sufficient information; or if it includes any Prohibited Item; or any item in the order is out-of-stock; or the total price (including any applicable local tax and domestic shipping charges) is higher than the amount you have authorised.

d. As with regular Potail service, your purchase of a product through our Concierge Service is a transaction solely between you and the merchant, even though we assist you by placing your order and making payment on your behalf. We make no representations, warranties or guarantees regarding the quality or suitability of the products you order through the Concierge Service. We are not responsible if the merchant fails to fulfill the order, ships the wrong product, does not apply any discount code you specified, or any other failure of the product to meet your expectations and you will hold Potail harmless from any liability. You will need to contact the merchant directly regarding such discrepancies.

 

C. Receipt of packages at your Potail address

24. Our Receiving Procedure.

We will in good faith receive packages delivered to your Potail address. We will notify you when they are received, advise you of the actual cost of duties, taxes and international shipping/handling, and seek your instructions for shipping or storage of the packages. We will not accept parcels or packages delivered on a COD (Cash On Delivery) basis. You are the only person authorised to pay for and release the shipment, including releasing any packages addressed to your friends or family members. The delivery address must be in the same country as the country where you are located; you cannot ship packages to individuals in any other country. Also, the payment must be via a card or payment method issued in the same country where you are located.

25. Loss or Damage of Products in Transit to our export facility.

Potail will not be liable for products lost or damaged in transit from the merchant to the Potail export facility. We reserve the right to refuse delivery at the Potail export facility if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, we will return the product to the sender and will notify you.

26. Inspection of Packages.

a.Potail has the right (upon receipt, during storage, or in preparing for export shipment) to open and inspect any package, or part thereof, for security purposes and to verify compliance with export and import laws and to confirm the product description and other information you supply, without prior notice and without liability to you. However we have no duty or responsibility to inspect packages for non-obvious damage or breakage, and we do not accept responsibility for the accuracy of product descriptions and other information provided by you.

b. If we discover that the description of the contents of the package or other information you supply is not accurate, then, depending on the specific situation, we may request you to provide additional documentation about the contents and/or their value, or we may refuse to ship it (you will be notified),or we may correct the information.

c.We may repack a product to reduce the bulk or the weight of the package, but we do not open any inner sealed, shrink-wrapped or ‘designer’ packaging. See our Repacking FAQ.

27. Prohibited Items.

a. Potail will place on ‘hold’ all products that are restricted or prohibited for export or import to the destination country. Additionally, any product deemed unsafe for international transportation will be prohibited for shipment and placed on hold. See sections 36 and 37 below and our Prohibited items FAQ . After you have been notified of the ‘hold’ status, we will, at your request, arrange for the item to be either returned to the merchant, shipped to an alternative US(as applicable), or disposed of. Applicable charges will apply. You will have 14 days to advise disposition of the product. If you have not responded to our notification within 14 days, the product may be destroyed.

b. Products that cannot be legally sold (such as illegal drugs) cannot be returned to the merchant or shipped to an alternative address. They are subject to seizure by law enforcement authorities, who may investigate further.

c. It is not always a simple matter to determine whether a specific product is export-restricted. In such cases, Potail may submit such items for review by the government agency responsible for export compliance.

28. No Mail Accepted.

a. Potail will only process packages and envelopes containing items you have purchased. We are not a mail forwarding agency, and we do not and cannot ship documents or other mail to you. Any mail or packages addressed to you that do not contain items of value will be destroyed.

b. You may not use your Potail address for any purpose other than receiving packages containing products you have ordered from merchants.

 

D. Storage at the Potail export facility

29. Storage of Packages; Storage Charges After 30 days.

We will store packages for you, free of charge, for a period of up to 30 days from the date received at your Potail address. 

a. After 30 days, we will store packages but only for a maximum of another 30 days. There will be a storage charge of US$5 per day, which will be payable by you at the time of requesting shipment. We will send you a reminder before this additional paid storage period expires. Any package for which you have not given us shipping instructions by the end of a total of 60 days (30 days free + 30 days paid storage) will be deemed abandoned, and we may dispose of it in any manner permitted by law.

b. Should you determine that you no longer wish to ship items stored in your suite, for whatever reason, you are entitled to request their disposal. Where products can be returned to the merchant, Potail will arrange this at your cost. Any correspondence required with the merchant must be conducted by you. If the products cannot be returned to the merchant, Potail will arrange disposal. Please contact us. Any storage costs incurred by you remain payable.

30. Unidentified Recipients.

Occasionally we receive packages where the appropriate recipient cannot be identified, e.g., the customer name and/or the suite address may be missing or mis-stated.

If you have ordered a product and there is an unusual delay in receiving notification from Potail that there is a package waiting for you, you should contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is there.

a. Additional handling fees in identifying the recipient may apply if your package was incorrectly or inadequately addressed.

b. Any goods received at our export facility for which an owner cannot be determined (after we have made reasonable investigative efforts) will be held for 90 days. If they remain unclaimed after 90 days, Potail will have the right to dispose of them in any manner permitted under applicable law.

 

E. International shipment and delivery

31. Shipment of Packages.

When you request packages to be shipped, and you have paid the total cost specified in your ‘Shipment Release’ form – including all duties, taxes, shipping, any fuel surcharge required by our delivery company, any country-specific customs or import fees, and any applicable handling charges and storage costs (which may differ from the estimate given using the Shipping Cost Calculator – see section 10) – Potail will arrange international shipment to your home country and deliver the packages to the delivery address you specify. The delivery address must be in the country where you are located.

32. Appointment of Potail as Agent.

You appoint Potail to act as your agent to manage all export, import and customs clearance procedures and to ensure that customs duties and taxes are paid to the relevant customs and tax authorities. Potail will perform these functions based on the information you provide and, accordingly, Potail will not be responsible or liable for any additional duties or taxes that are assessed if the information you provide to us is inaccurate or incorrect.

33. Accurate Contents and Value Declaration. Payment of duty and tax

An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws (see also sections 36 and 37). To help reduce the incidence of errors, we will frequently request a copy of the merchant’s invoice or order confirmation establishing the price paid for your goods. However, you are solely responsible for the correctness and accuracy of all information you provide to Potail regarding the contents of your package and the value. You agree to indemnify and hold Potail harmless from any liability for any under-declaration of value or other misrepresentations you might make. You acknowledge that:

a. Packages may be inspected at any time by export and import authorities. Packages with misleading product descriptions or under-declared valuations may be delayed by the relevant Customs authorities, who may dispute and correct the declaration – in which case, you might possibly have to pay additional duty, fines or penalties.

b. Assuming you have provided accurate information for the customs declaration and Customs does not dispute the value, the amount of tax and duty actually charged by your country’s Customs authority may differ from the amount you paid us. Here’s why:

– Tax and duty are based on the “dutiable value” of the goods. We calculate the tax and duty as accurately as we can, after your package is inspected, weighed and measured, and ready for dispatch at our export facility. You pay us those calculated amounts of tax and duty, along with our shipping charge, when you release your shipment. Your Potail invoice includes a breakdown of the shipping charge, tax, and duty.

– We arrange payment of the duty and tax to local Customs authorities on your behalf. The actual tax and duty paid sometimes turns out to be higher or local than the amount we calculated, for a number of reasons. For example, the Customs authority in your country may assign your goods a different customs code from the one we used; or Customs may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of our calculation and the time the tax and duty is paid to Customs authorities. In such situations, you will not receive a refund or be charged extra for the difference; this is due to the administrative time and costs that such arrangements would require.

 

34. Shipping Charges.

As noted in section 10, the international shipping and handling charges generated by our Shipping Cost Calculator are estimates only. The Shipping Cost Calculator’s estimate may differ from the final shipping charges which can only be determined once we have received the package at your Potail address.

a. You are responsible for payment of all actual international shipping and handling charges, even if they differ from the original estimated cost.

b. Volumetric weight may apply on bulky, lightweight packages. Volumetric weight is calculated by multiplying height by width and length in inches and dividing by 366 to produce a weight expressed in kilos. (See our Volumetric Weight FAQ for full explanation).

c. Your final cost will include any applicable country-specific government-mandated clearance fees in addition to duty, tax, shipping, and fuel surcharges if applicable.

35. Delivery.

a. Potail will make every reasonable effort to deliver the shipment to you according to the delivery company’s regular schedules, but these are not guaranteed and do not form part of the agreement between us. Potail is not liable for any damage or loss caused by delivery company delays.

b. Shipments can be delivered directly to most addresses (except post office boxes). However, in certain remote areas, you may be need to pick up your package from the closest Fedex or local land carriers service point.

36. Compliance with Law: No Illegal Materials or Prohibited Goods.

You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use Potail to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances. Goods are unacceptable for shipment if:

a. they are in Potail’s list of Prohibited Items;

b. the goods are classified as hazardous material, dangerous goods, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), export control laws and regulations, import or customs regulations, or any of the laws or regulations of any applicable government department or other relevant organization; or

c. we decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography and illegal narcotics/drugs).

37. Export and Import Compliance.

You acknowledge and agree that:

a. You will comply with all applicable export and import laws and regulations;

b. Potail will at all times comply with all applicable export and import laws, and we will refuse to ship any package which we know or have reason to suspect is in violation of such laws;

c. We will refuse to ship any item that requires an export or import license;

d. You will not use or attempt to use Potail to receive or send:

i. any items that are specially designed, modified, adapted or configured for a military application; or

ii. Any dual use items that are subject to export license requirements; or

iii. any products that are intended to be used in chemical biological weapons, missile technology or nuclear proliferation.

e. For items being exported from the US, you expressly agree not to divert, reship or forward any part of a shipment: i.to any country which the US Department of the Treasury, Office of Foreign Assets Control (OFAC) has designated as supporting international terrorism (currently Cuba, Iran, North Korea, Sudan, and Syria), or

ii.to any individual or entity named in: the OFAC list of Specially Designated Nationals and Blocked Persons; or any of the lists maintained by the US Department of Commerce Bureau of Industry and Security – the Denied Persons List, the Entity List, or the Unverified List; or any of the lists maintained by the US Department of State – the Debarred Parties List or the Proliferators List.

You will be liable and agree to indemnify Potail for any costs, penalties or fines which may be incurred if any shipment is found to violate any of these conditions and for any legal costs that Potail incurs in connection with such violations. Potail will have the right to terminate your account and your use of Potail services if you violate any of the above agreements and acknowledgments.

38. Limited Liability for Lost or Damaged International Shipments.

Every package shipped internationally from the Potail export facility is transported on a limited liability basis, relating to direct loss only and subject to the limits specified in the Warsaw Convention (currently $US 25.00/kilogram or $US 11.34/lb per shipment). All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest or future business).

39. Potail Protection Guarantee Service

a. Optional Coverage. If you wish to obtain coverage of shipments which have actual values greater than the liability limits listed in section 38 above, up to US$250 (or equivalent in other currency) calculated on the value of the goods plus shipping cost, you can add Protection Guarantee Service shipment value protection, covering the price paid for your goods plus the costs of transportation in respect of loss of or physical damage to the shipment. You need to select the ‘Protection Guarantee Service’ option on the Shipment Release page. The applicable charge will be detailed on your invoice. Further details are available in Protection Guarantee Service FAQ. If you do not select ‘Protection Guarantee Service’ for transportation, you assume all risks of loss or damage over the amount of Potail liability as stated above in section 38.

b. Mandatory Coverage. Protection Guarantee Service coverage is mandatory (required) for shipments valued at US$250 and above (or equivalent in other currency).This amount is calculated on the value of the goods plus shipping cost. The Protection Guarantee Service charge will be shown in the Shipment Release page and will be automatically added to your invoice.

c. Damage to Used or Second-hand Goods Not Covered. Protection Guarantee Service will not cover damage to used or second-hand merchandise, although it will cover loss of those goods in transit.

d. What is Not Covered. Protection Guarantee Service covers loss or damage during international shipment. It does not cover any of the following:

a) indirect loss or damage,

b) loss or damage caused by delays, or

c) loss or damage to the package sent by the seller to our export facility.

d) damage to used or second-hand goods.

40. Lost or Damaged International Shipments.

In the case of loss or damage to all or part of a shipment, Potail will refund the shipping charges for the affected package (and the price of the goods if the shipment was covered by Protection Guarantee Service – see section 39) by the same method as you used in paying for our services where possible. Where this is not possible we will issue a credit to your account that will be applied to your next shipment.

41. Duty and Taxes.

If by chance duty and taxes have not been submitted to the relevant authorities at the time of loss or damage, Potail will refund duties and taxes by the same method as you used in paying for our services if it is possible. Where this is not possible we would issue a credit to your account that will be applied to your next shipment. If duty and tax have been paid at the time of loss or damage, we will attempt to obtain a refund for you, although this is usually not possible.

42. Making Claims.

Any claims for loss or damage (sections 40 and 41 above) must be made to Potail within 14 days from the date of delivery of the package to you, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item. See our FAQ ‘How do I make a claim?’

43. Product Returns or Exchanges.

If you wish to return an item to the merchant from where you purchased it after delivered to you, , you will need to make direct arrangements with the merchant as soon as possible for any return, refund, or exchange of items in accordance with the merchant’s terms and policies. Many merchants require you to obtain advance authorization for product returns and may give you a return authorization number. We will, upon request, help to arrange return shipping to the merchant from your home country, at your cost. The original customs duty and tax cannot be recouped when returning an international shipment back to the merchant.

G. General

44. Modification of Potail Services.

We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination

45. Termination.

You may terminate this agreement and your use of your Potail account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.

46. Circumstances Beyond Our Control.

Potail is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to Potail; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.

47. Indemnification.

You agree to indemnify, defend and hold Potail and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable attorneys fees) incurred by Potail which result from your use of the Potail website and Potail services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtaining Potail services, any mis-declaration of contents or value or packages for export purposes, and/or your failure to comply with these terms and conditions.

48. Entire Agreement.

These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the Potail website, your use of your account, and the provision of Potail services. Any other written or oral statements are superseded and of no effect.

49. Partial Invalidity.

If any provision of this agreement is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision will be deemed deleted without affecting any other provision.

50. Waiver.

If either you or Potail fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.

51. Headings.

Section headings are for convenient reference and do not form part of this agreement.

52. Governing Law.

This agreement is governed by the laws of the United States, without regard to conflict of law principles.

 

Updated May.2014

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