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Terms and Conditions of use of the Outpost SVC LLC website and Outpost SVC LLC account (07-12)

1. Definitions

The following definitions apply to the terms and conditions set out below. 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 ‘Outpost’ refer to Outpost SVC LLC, its related companies, Outpost’s employees, and/or its third party suppliers.

2. Acceptance

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

a. You are at least 18 years of age or the legal age in your country,

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

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

3. Account Registration

3.1 To register to use Outpost services, you need to provide Outpost 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.

3.2 By completing the registration form, you hereby make, constitute and appoint Outpost, acting through any of its authorized persons your true and lawful agent for the receipt of mail.

3.3 To enable Outpost to receive mail and parcels in the USA from the USPS, you must complete a copy of USPS Form 1583 and provide 2 forms of identification. Until you have provided the required documentation, Outpost reserves the right to destroy, after 10 days of receipt, all incoming USPS mail and parcels in your name to our USA address.

4. Account Security

4.1 You agree to keep your Outpost password confidential, to safeguard it and your computer(s) and mobile Internet 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 Outpost website and of your Outpost account made under your login and password. If you become aware of or suspect any unauthorised use of your Outpost account, or any known or suspected security breach such as disclosure or loss of your password or theft of your Outpost account information, you should notify Outpost promptly. Until Outpost is notified, in writing, of a breach of security, you will remain liable for any unauthorized use of the Service through your account.

4.2 You may not transfer your Outpost account to any other person.

5. Your Use of the Outpost Website and Services

You may not use the Outpost website or Outpost services for any unlawful purpose. We reserve the right to terminate or restrict your access to your Outpost account and your use of Outpost services if, in our opinion, your use may violate any laws, infringe upon another person’s rights, or breach the terms of this Agreement.  You may use the Outpost website and Outpost services solely for your personal use or for use by the business entity you represent. If you intend to resell products you receive via Outpost services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable Merchant restrictions on resale.

6. Registration & Membership

6.1 You authorize Outpost to charge your credit card for a one-time account registration fee and/or for reoccurring account membership fees. If Outpost receives a chargeback for any valid charges, then your account may be immediately terminated and all mail/packages will be returned to sender or properly discarded. For shipping, shopping and other related charges, please see section 22.

6.2 Membership is automatically renewed unless you advise Outpost in writing that you do not wish to renew your Membership.

7. Limitation of Liability

In no event will Outpost 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 Outpost account or the Outpost website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during export shipment (which is covered in section 27), Outpost’s maximum liability, and your exclusive remedy with respect to any errors in Outpost services provided to you under this agreement is limited to US100 (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.

8. Notices

E-mail notices or notices on the Outpost Home Page will be the primary method 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 Outpost account or have subsequently updated. You can send notices or other communications to Outpost using the e-mail or Live Chat function available on the Outpost website.

 9. Other Websites

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

10. Shipping Calculator

When you use Outpost’s Shipping Calculator to determine the costs of 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; changes in currency exchange rates; differences between the estimated and the actual package weights; 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.

11. Ordering & Purchasing of Products

11.1 You place an order with an online seller, either through links on this website or directly from the seller’s website. You will pay the seller directly for the product and the cost of domestic shipping, for delivery to your Outpost address. You agree to comply with any conditions and restrictions of sale which are specified on the seller’s website.

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

a. Outpost 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 Outpost address or to fulfil 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 Outpost address. Applicable return shipping and handling 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 Outpost harmless from any liability and will seek any remedies solely from the seller. See Section 31 for return procedures.

12. Receiving your Products/Mail

12.1 We will in good faith receive packages delivered to your Outpost address. We will notify you when they are received, advise you of the actual cost of international shipping/handling upon confirmation of the packages weight and dimensions, 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. Outpost will not accept delivery to any one on your behalf unless the delivery is addressed to you.

12.2 You will take all reasonable measures to ensure that the products you order are correctly addressed to your Outpost address, including your name and exact suite number. As noted in Section 17, additional handling fees in identifying the recipient may apply if your package was incorrectly or inadequately addressed.

13. Loss or Damage of Products in Transit to Outpost

Outpost will not be liable for products lost or damaged in transit from the seller to the Outpost export facility. We reserve the right to refuse delivery at the Outpost 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.

14. Inspection of Packages

14.1 You agree that Outpost has the right (either upon receipt, during storage, or in preparing for export shipment) to open and inspect any shipment, or part thereof, for security purposes or to verify compliance with 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. 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 refuse to ship it (you will be notified) or we may correct the information.

14.2 You agree that any third party supplier or governmental authority including customs and security may open and inspect your shipment at any time.

15. Prohibited Items.

Outpost will refuse delivery, and (after you have been notified) will return to the sender, any prohibited products whether they are prohibited under any export, import, customs or other laws of any country or whether they are prohibited because Outpost cannot ship them internationally. See also Sections 24 and 25 below and Outpost’s list of Prohibited Items.

a. Products received at the export hub which are unacceptable for international shipment will be held and you will be notified. You will have 14 days to advise disposition of the product. Return shipments will incur shipping and handling charges.

b. If you have not responded to our notification within 14 days, the product may be destroyed.

16. Storage of Packages

16.1 Gold & Silver Members – We will store packages for you, free of charge, for a period of up to 45 days from the date received at your Outpost address. We will send you a reminder before your 45-day free storage period expires.

a. After 45 days, we will store packages but only for a maximum of another 15 days. There will be a storage charge of US5 (or equivalent) per box per day, which will be payable by you at the time of requesting the 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 (45 days free + 15 days paid storage) will be deemed abandoned, and Outpost reserves the right to sell, destroy or otherwise dispose of such packages without incurring any liability to you or any other party whatsoever.

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 seller, Outpost will arrange this at your cost. Any correspondence required with the seller must be conducted by you. If the products cannot be returned to the seller, Outpost will arrange disposal. Please contact us. Any storage costs incurred by you remain payable.

16.2 Bronze Members – We will store packages for you, free of charge, for a period of up to 7 days from the date received at your Outpost address. We will send you a reminder before your 7-day free storage period expires.

a. After 7 days, we will store packages but only for a maximum of another 23 days. There will be a storage charge of US5 (or equivalent) per box 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 30 days (7 days free + 23 days paid storage) will be deemed abandoned, and Outpost reserves the right to sell, destroy or otherwise dispose of such packages without incurring any liability to you or any other party whatsoever.

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 seller, Outpost will arrange this at your cost. Any correspondence required with the seller must be conducted by you. If the products cannot be returned to the seller, Outpost will arrange disposal. Please contact us. Any storage costs incurred by you remain payable.

16.3. Outpost cannot hold/store mail (letters, catalogues, magazines, and newspapers) exceeding your 4 inch high mailbox. We will notify you via e-mail once your mailbox is full, and you will have 5 days to either request a shipment or contact Outpost to discard your mail. If no reply is received from you then your mail will be shipped to the address on record.

17. 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.

a. If you have ordered a product and there is an unusual delay in receiving notification from Outpost 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.

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

c. 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 60 days. If they remain unclaimed after 60 days, Outpost will have the right to dispose of them in any manner permitted under applicable law.

18. Shipping of Packages

When you request packages to be shipped, and you have paid the total cost specified in your ‘Ship Out’ form, including additional handling and storage costs, Outpost will arrange international shipping to your home country and deliver the packages to the delivery address you gave when you created your Outpost account (or as you may have subsequently updated).

19. Package Contents and Value Declaration

An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws (see also Sections 24 and 25). You are solely responsible for the correctness and accuracy of all information you provide to Outpost regarding your packages. To the extent that we may voluntarily assist you in completing the required customs documentation and other formalities such assistance will be rendered at your sole risk. You agree to indemnify and hold Outpost harmless from any liability for any misrepresentations you make. You acknowledge that:

a. Packages may be inspected at any time by export and import authorities; packages with incorrect product descriptions or valuations may be held by the relevant authorities, which may subject you to additional costs, fines or penalties.

b. Customs may dispute and correct the product description or its value, in which case you may be required to pay a higher amount for duty and tax.

20. Appointment of Outpost as Agent

You appoint Outpost to act as your agent for the preparation of shipping and customs documents, with full power of attorney to act as such an agent 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, ($25 charge for preparation of SED if required) airway bill or any other document required to ship merchandise to you. If a Shipper’s Export Declaration (S.E.D.) is required, or preparation of a Certificate of Origin ($10 charge for preparation of COO if required) for goods manufactured and originating within the United States on behalf of you when one is required, Outpost will file the required export information on your behalf as its agent pursuant to this section. You acknowledge that you have 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; Outpost assumes no responsibility to act as a record-keeper or record-keeping agent for you or the USPPI. You are responsible to supply to Outpost 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).

21. Customs Clearance

21.1. You appoint Outpost and our third party suppliers as your agent for the purpose of clearing and entering the shipment through customs. If any customs authority requires additional documentation to clear the shipment or to support the package declaration, it is your responsibility to provide the required documentation at your expense.

21.2 We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.

22. Outpost Charges.

22.1 Shipping Charges

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

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

b. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher. The volumetric weight is calculated in accordance with the volumetric conversion equation listed on our ‘volumetric charges explained’ webpage.

c. You are responsible for any additional delivery charges, such as an Out of Area charge, or additional re-delivery attempts as applied by the delivery agent.

22.2 Warehouse Charges

a. You are responsible for payment of all incurred storage charges, as outlined in section 16.

b. You agree to pay for any requested special parcel handling activities, including but not limited to, parcel splitting, re-weighing of packages, documentation scanning, photographing of purchases and returning of packages to sender.

22.3 Customs Charges

a. You are responsible for any applicable country-specific government-mandated clearance fees, including but not limited to; import duty, tax, inspection, handling and service fees presently in effect or to be established in the future.

b. You are responsible for any penalties, storage charges or other expenses incurred as a result of the actions of customs or other governmental authorities or for your failure to provide proper documentation and/or to obtain the required license or permit.

22.4 Outpost Personal Shopping SVC Service

a. You agree to pre-pay for any purchases that Outpost makes on your behalf, including our handling fee and any additional domestic delivery charges.

23. Delivery Delays

Outpost 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. Outpost is not liable for any damage or loss caused by delivery company delays.

24. 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 Outpost to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances. Goods are unacceptable for shipment if

a. they are in Outpost’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, human remains, pornography and illegal narcotics/drugs).

25. Export and Import Compliance

You acknowledge and agree that:

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

b. Outpost 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 Outpost 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. 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 Outpost 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 Outpost incurs in connection with such violations. Outpost will have the right to terminate your account and your use of Outpost services if you violate any of the above agreements and acknowledgments.

26. Executive Order 13,224

You represent and warrant to Outpost that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed reg. 34,777 (June 29, 2001).

27. Limited Liability for Lost or Damaged International Shipments

Every package is transported on a limited liability basis, relating to direct loss only and limited to US100 (or equivalent) per shipment or for certain international shipments where the Warsaw Convention applies, approximately US20/kg or US9.07/lb (or equivalent), depending on the applicable law. All other types of loss or damage are excluded, including, but not limited to, lost profits, income, interest or future business.

28. Additional Insurance

If you wish to obtain coverage of shipments which have actual values greater than the liability limits listed in Clause 27 above, Outpost can offer an insurance service to you through the particular carrier, covering the price paid for your goods in respect of loss of or physical damage to the shipment, provided you select the ‘Insurance’ option on the Ship Out page. The applicable charge will be detailed on your invoice. Further details are available here or see our FAQs.

If you do not select ‘Insurance’ for transportation you assume all risks of loss or damage over the amount of Outpost’s liability as stated above in Clause 27. Specific commodities have limits of liability in case of loss or damage including televisions, computers, electronics, jewellery, figurines, glass, china, objects of art, furniture and lighting regardless of Declared Value or Insurance paid. Claim liability for damage to items pre-packaged by manufacturer will be limited.

29. Lost or Damaged International Shipments

In the case of loss or damage of all or part of a shipment, Outpost will refund any applicable charges for the affected package 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.

30. Claims for lost or damaged International Shipments

Any claims for loss or damage (Sections 29) must be made to Outpost within 14 days from the date of delivery of the package to you, and/or within 28 days of ship out date for lost shipments, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by the original copy of the consignment note/air waybill and all supporting documents, relevant invoices and/or receipts for that item. You are also required, where applicable, to retain the original packaging and/or provide photographs to support your claim. Claims are reviewed individually and this review process will take a minimum of four weeks. Claim liability for damage is limited to the lesser or either Declared Value, Proof of Purchase or Specific commodity liability limit.

31. Product Returns or Exchanges

If after delivery to you, you wish to return an item to the seller from which you purchased it, you will need to make direct arrangements with the seller as soon as possible for any return, refund, or exchange of items in accordance with the seller’s terms and policies. Many sellers 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 seller from your home country, at your cost.

32. Modification of Outpost 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.

33. Termination

You may terminate this agreement and your use of your Outpost account at any time. You will receive a prorated refund on the unused portion of your annual membership fees. Annual membership refunds are based on the monthly membership usage rate of 16USD for Gold and 8USD for Silver.  Monthly membership fees and set up fees are non-refundable. Outpost will have the option to return all packages and/or mail to the sender and/or discard the items for accounts which are cancelled. 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.

34. Circumstances Beyond Our Control

Outpost is not liable for any loss or damage arising out of circumstances beyond Outpost’s 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 Outpost; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.

35. Indemnification

The following is the indemnification required by Outpost from you;

You agree that you will remain liable for and indemnify, defend and hold harmless Outpost 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 by you or any of your employees, contractors, agents or any other person acting under your supervision or control prior to, as of, or following the date hereof;

b. any inaccuracy or breach of any representation or warranty made by you in this Agreement or any other document or instrument executed or delivered by you 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 you in connection with this Agreement

c. Outpost’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 wilful misconduct of Outpost;

d. You providing to Outpost any information or documents, including without limitation any inaccurate or false information or documents;

e. Your 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.

36. Modification of Outpost Terms and Conditions

We may modify these terms and conditions at any time without notice, and we will notify you by means of a general e-mail or a notice posted on the Outpost page where you log in to your account. Your continued use of your Outpost account after the posting of such modifications will constitute your acceptance of the modified terms and conditions

37. 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 Outpost website, your use of your account, and the provision of Outpost services. Any other written or oral statements are superseded.