Terms & Conditions


The UshopVship (USVS) Accounts (“Account”) shall be subject to the following Terms and Conditions:

Definitions and Interpretation

Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means USVS chooses, including air, road or any other carrier. A “waybill” shall include any label produced by USVS automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions in full. Every Shipment is transported on a limited liability basis as provided herein.

"Airfreight Convention" means whichever may be applicable of the:

1. Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999; or

2. Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929; either unamended or amended by the Hague Protocol 1955; at Guatemala City 1971, by the additional Protocol No 3 of Montreal 1975 and/or by the additional Protocol No. 4 of Montreal 1975.

"Dangerous Goods" means cargo which is noxious, hazardous, inflammable, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, explosive or offensive or radioactive or may become liable to cause damage to any person or property whatsoever whether prescribed by laws or otherwise.

"Goods" are any goods or items which are the subject of the Service provided by USVS to you under these Terms and Conditions.

"Government Authorities" means, without limitation, all government or semi-governmental departments and agencies with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods.

USVS” abbreviated form for UshopVship.

Services

The Service enables you to make purchases in USA, India, United-Kingdom, Hongkong , Singapore and Sri-Lanka (and such other countries as may be notified by USVS from time to time) using a personalized physical address in the respective country (“USVS Location”). On delivery of the purchased item to the respective USVS Location, USVS will process the Shipment and arrange for delivery of the item to the address and country stated in the Application Form (“Delivery Address”). Shipments cannot be delivered to Post Office box address.

Registration and appointment of UshopVship as your agent

To register for the Service, you will need to complete the USVS Application Form (“Application Form”), set up an Account on the Website. Registration for access to the Service is open to individuals who are 18 years of age or older (or the legal age of majority in your country). By registering for our Service you are appointing USVS as your agent for the receipt of, and organization of transportation for, your packages and you authorize USVS to receive any and all packages addressed to you that are delivered to the respective USVS Location.

Receipt and Delivery

The Service by USVS includes the receipt of your packages at the USVS Location and transporting such packages to your Delivery Address. You are solely responsible for providing to and confirming with the sender the correct USVS Location, including your personal account number, and you understand that any incorrect information may result in non-delivery or delayed delivery of items, or incurring additional fees under this clause 3 for which you will be held accountable. Any Shipment that is unable to be delivered to you (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to clearly address the package, your failure to confirm your Shipment is acceptable for entry into the destination country, failure to use correct USVS Location, failure to update your Delivery Address, or you are unable to be contacted after reasonable attempts to do so) will be deemed an Uncollected Good or Unclaimed Good and USVS reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned.

The packaging of your Shipment for transportation is solely the shipper’s responsibility. UshopVship accepts no responsibility for loss or damage to the Goods caused by inadequate or inappropriate packaging. UshopVship has no obligation to repackage any Shipment for any reason. In the event USVS repackages your Shipment, USVS will charge you for such repackaging services provided by USVS.

To ensure delivery of your Shipment, you are responsible for confirming items purchased in a USVS Location are shipped to the corresponding USVS Location address, and not to a different USVS Location address, which may result in non-delivery of items due to applicable laws, rules, regulations, etc.

Postage or Payment Outstanding

USVS will not accept on your behalf any items on which postage is outstanding and payable or Cash on Delivery items unless prior arrangement has been made by you with USVS, and UshopVship has agreed to it at its sole discretion. Any such agreement may give rise to liens or other interests at law and UshopVship reserves the right, notwithstanding the foregoing, to lawfully enforce any such interests howsoever arising.

Accountable Mail

UshopVship will not accept certified, registered, insured, or express mail (“Accountable Mail”) on your behalf unless otherwise requested by you and agreed by USVS subject to certain requirements (see clause 32).

Inspection

UshopVship, without liability, reserves the right to open and inspect all items delivered to the USVS Location to determine the nature or condition of the Goods or to determine their ownership or destination.

Service Restriction

UshopVship reserves the right to abandon carriage of any Shipment at any time after acceptance when such Shipment could possibly cause damage or delay to other Shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.

Shipping Fees

Shipping fees will be charged at the rate applicable to your shipment set out in the website (“Shipping Fees”) or as modified by UshopVship from time to time. Shipping Fees are exclusive of all government taxes, and import VAT applicable on total invoice value of goods, including insurance, freight, incidental charges related to transportation, and on custom duties (“Import VAT”), and any other third party charges, including customs duty, that are payable on the shipment of your Goods, and you understand and agree that all such taxes, VAT,GST ,IGST import VAT and third party charges will be paid by you prior to or upon delivery of your Shipment.

You agree to pay all applicable Shipping Fees and other charges including custom duties and Import VAT for any Shipment that has been ordered on your Account when requested to do so by USVS and regardless of the person who placed the order. The aforesaid shall apply to all USVS accounts including individuals’ and entities’ accounts. Assuming you have provided accurate information for the customs declaration and Customs does not dispute the value, the amount of Import VAT and customs duty actually charged by your country’s Customs authority may differ from the amount you paid USVS. In the event, the actual customs duty and Import VAT is more than the estimated amount charged by USVS, UshopVship shall have the right to charge you and you will pay the difference, along with any penalty, fine, expense incurred by USVS due to inaccurate information provided by you.

Payment Options

i. Pay Now: You will be notified once your Shipment leaves the origin facility along with the total Shipping Fees. You will be further notified once your Shipment clears customs including customs duties, Import VAT and any other fees paid. You will be prompted to log into your Account and make an online payment for the Shipping Fees and any other fees including customs duties and Import VAT,GST and IGST.

Customer Representations and Undertakings

We will not carry

You understand and agree that we will not carry, and you must not try to ship:

Any items classified as hazardous material, Dangerous Goods, articles that are prohibited or restricted by IATA (International Air Transport Associated), ICAO (International Civil Aviation Organisation), or any applicable government department or other relevant organisation; or

firearms, bullion, works of art, negotiable instruments in bearer form, jewellery, precious metals, precious stones, lewd obscene or pornographic material, currency, stamps, deeds, hazardous or combustible material or other Dangerous Goods, cashier’s cheques, money orders, travellers’ cheques, industrial carbon and diamonds, antiques, plants or animals; or

Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents or other government issued documents. This includes uniforms, and badges or patches designed to look like official government-issue.

Prohibited or restricted shipments, including shipments containing Dangerous Goods, will be forfeited, destroyed, or provided to government officials.

Notwithstanding anything to the contrary, USVS acceptance of any shipment containing Dangerous Goods does not mean that such shipment conforms to the applicable laws and regulations. You will be solely responsible for the compliance of the shipment with the applicable laws and regulations, in particular IATA Dangerous Goods Regulations, including but not limited to, the effective and sufficient packaging, packing, classification and documentation of the shipment. You are responsible to ensure that the shipment is acceptable for carriage and entry into the destination country or territory. All charges incurred for the carriage to and from countries or territories where entry is not permitted will be your expense. You will be liable for and shall defend, indemnify and hold harmless USVS from all liability and/or claims against it based on injury to any person, damage or loss of property, or any other damage arising from any product liability, inadequate packing, mis-labelling, wrongful information, description or declaration you provide and for any other claim relating to the shipment or its carriage.

Animal skins, furs, feathers, hair, wildlife (from US)

You accept and acknowledge that any shipments to be exported from the US that contain animal skin, furs, mink, alligator skin, python skin, feathers (including hair accessories)or any other wildlife will be held at the US Customs Department for inspection and may be seized or confiscated. You acknowledge and agree that you alone are liable for any costs involved if you try to export such items and that USVS will not compensate you for such seized or confiscated shipments.

Restricted Business

You represent that your shipments do not relate to any restricted business, including but not limited to pornography, armaments, or any other restricted activities. You further represent that the goods being shipped are not destined for any country with which USVS is prohibited from dealing as the result of any international or respective USVS Location law, legislation, regulation, directive, ordinance, treaty, etc.

Blacklisted Name

You represent that your name is not included in any blacklist issued by any respective USVS Location government or other worldwide regulatory body.

Export Declaration and Other Documentation

You must provide USVS with an Export Declaration for all packages of value exceeding amount identified in the Export Declaration Value List prior to shipment to your Delivery Address.

You must provide USVS with invoices and/or other documentation related to the packages regardless of value at any time as requested by USVS, or by Customs or any other Government Authority. You are solely responsible for the correctness and accuracy of all information you provide USVS regarding the contents of your Shipment and the value.

You must provide USVS with identification documentation and personal information upon request by USVS or any official authority at its sole discretion

Purpose of the Account

You acknowledge and agree that your Account is provided by USVS solely for the purposes of providing the Services as set out under these Terms and Conditions and that the USVSLocation provided for each Account is a delivery address only and cannot be used for any other purposes. You will not represent that any USVS Location address provided under your Account is your residence address or place of business for any purpose whatsoever. You undertake not to use the Account and/or the details of the Account for any other purpose including, but without limitation, using the USVS Location addresses and details of the Account as a billing address, personal mail delivery address, residential address, or as your personal contact details including without limitations on your website or business card. Any breach of this clause may lead to automatic deactivation of your Account at USVS sole discretion, along with notification to the police and/or appropriate government authority.

Correct Name / Delivery Address

USVS will only ship packages that have the same name and Delivery Address as the individual or entity stated on the Application Form. If USVS receives any package to an Account the labelling of which does not match the applicable name or Delivery Address on the Application Form, then the shipment will be deemed an Uncollected Good or Unclaimed Good and USVS reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, donated, or auctioned. You will be held accountable for any additional fees incurred on your account under this clause.

Account Security

You must ensure that your password is kept secure and confidential and not revealed to any other person. You acknowledge that you are entirely responsible for your password and must notify USVS immediately of any unauthorised use of your Account and/or password or any other breach of security relating to your Account. You acknowledge and agree that USVS accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of a password, and you release USVS from all claims arising from the unauthorised use of your password.

Indemnification and Warranty

You warrant that all information provided by you is complete and accurate.

You agree to protect, indemnify, release, safeguard, and hold harmless USVS and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines or other costs, including reasonable attorney fees and causes of action of any type or nature arising out of or in conjunction with the use of the Account and/or the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from:

a. failure of the respective USVS Location postal services, other relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item and/or package;

 delay occasioned by treatment handling, examination or impounding of the Goods by any of the Government Authorities;

any misdescription or undervaluation provided for Customs purposes, whether intentionally or unintentionally;

 breach by you of any applicable law or requirement of any Government Authorities; or

damage to or loss of any package or Account contents by any cause whatsoever, and from any violation by you of applicable international, federal, state or local laws.

Without limiting any other provision of these Terms and Conditions, USVS will not be liable for any costs, expenses, loss or penalties imposed or loss or damage incurred by any USVS Indemnitee due to your Shipment or Goods being impounded by customs or other Government Authorities, and you hereby protect, indemnify, release, safeguard, and hold harmless each USVS Indemnitee against any such cost, expense, fine, penalty or loss.

Without limiting any other provision of these Terms and Conditions, USVS will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred by any USVS Indemnitee due to your breach or non-compliance of any of these Terms and Conditions and you hereby protect, indemnify, release, safeguard, and hold harmless each USVS Indemnitee against any such cost, expense, fine, penalty or loss.

Limitation of Liability

USVS will be responsible for your Shipment only while it is within UshopVship’s custody or control, subject to the limitations of liability set out herein.

If the Shipment is transported by air and involves a stop in a country other than the country of departure, you understand and acknowledge that an Airfreight Convention may apply and may limit liability for loss or damage. Your claim for any loss or damage occurring during carriage by air, is against the airline carrier. In the event of any loss or damage suffered by you while the Goods are in the possession of the airline carrier, USVS will seek to recover amounts payable under the applicable Airfreight Convention on your behalf, and you will indemnify USVS and hold it harmless against any claims for loss or damage to your Goods incurred while they were in the possession of the airline carrier. If the Shipment is carried by international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. This convention limits UshopVship’s liability for loss or damage.

Consequential Losses

USVS will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.

Force Majeure

USVS will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond UshopVship’s or its agents’ reasonable control, for example acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.

Pricing/Refund Policy

Extent of our liability

Our liability for a lost damaged shipment is limited to the lowest of these three amounts:

US$100 (or equivalent currency) or
The actual value of the document or parcel,
Actual value of the document or parcel,

This does not include any commercial utility or special value to the shipper or any other person.

What ‘Actual Value’ means:

The lowest of the following amounts, determined as the time and place we have accepted the shipment:

Documents (meaning any shipment without commercial value)

The cost of replacing, reconstructing, or reconstituting the documents

Parcels (meaning any shipment with commercial value)

The cost of repairing or replacing the parcel, or
The resale or fair market value of the parcel
The actual value of a parcel cannot be more than the original cost to you plus 10 present.

Change of Terms and Conditions, Service, and Fees

USVS may add to or change or update these Terms and Conditions from time to time entirely at its own discretion and without notice to you. Any and all amendments to the Terms and Conditions shall be published on the USVS site (www.ushopvship.com) and shall be effective on the date of publication thereof. You are responsible for checking these Terms of Conditions periodically to remain in compliance with these terms. Your use of the Account or ordering of any Services after any amendment to the Terms and Conditions shall constitute your acceptance of these Terms and Conditions, and you also agree to be bound by any such changes/revisions. You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as USVS shall not be liable to compensate you for your failure to do so.

The Account Fee, Shipping Fees, and any other related charges stated herein or incidental hereto, as well as the Terms and Conditions are subject to change upon the sole discretion of USVS at any time whatsoever, and without prior notice to you. There will be no refunds for your cancellation of the Service. USVS may also change the shipping frequency at any time without providing prior notice to you.

Termination

You agree that USVS may terminate these Terms and Conditions for good cause at any time and without notice. Good cause shall include, but is not limited to:

 Your use of the Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by USVS, the respective USVS Location, or other regulations;

 Your failure to pay monies owed to USVS when due; and

 Your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies that are published by USVS on USVS website (www.ushopvship.com)

You acknowledge that, for the purpose of determining good cause for termination of these Terms and Conditions as provided herein, the actions of any person authorized by you to use your Account or the Service will be attributed to you.

the termination date.

Miscellaneous

USVS may discard, destroy, donate, or auction your Goods within (a) thirty (30) days after receipt of unknown shipments, or (b) twenty-one (21) days after receipt of prohibited shipments, or high-value shipments, or shipments under an inactive account, if: (i) all applicable shipping charges have not been paid; (ii) the mail and/or packages were not clearly identified as belonging to you; (iii) you do not claim the mail or packages received to your Account, (iv) shipment was abandoned at customs, or Notwithstanding the above, USVS may destroy any pornographic materials or products and all other related content of whatever type immediately upon delivery to your Account.

In the event your Shipment is categorized as on overweight or oversized shipment, then you will have seven (7) days to elect whether to the ship the overweight or oversized shipment through freight. At the end of the seven-day period, if you have not informed USVS regarding your shipment method for the overweight or oversized shipment, then USVS reserves the right to ship the overweight or oversized shipment through freight. USVS shall notify you in the event your Shipment is classified as overweight or oversized upon receipt of the Shipment at the respective facility.

In the event that you fail to pay the Shipping Fees, and other charges including custom duties and Import VAT, by the due date, USVS reserves the right to deal with the package in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, donated, or auctioned.

Any notice, request and/or any other correspondence pursuant to or in connection with these Terms and Conditions shall be in English and shall be sent to you to the email address specified in the Application Form or to any other email address that USVS is earlier notified of.

If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect. This Agreement constitutes the entire agreement between USVS and you relating to your use of the Account and/or Service.