Terms and Conditions of Service
I. TERMS OF SERVICE
· Ajummas.com’s services consist of purchasing and receiving the Member’s merchandise, sorting it, packing it, transporting it to the Member’s country and delivering it to the Member’s specified local address during regular business hours.
· The Member agrees to Ajummas.com’s charges for all services and/or account activity with Ajummas.com. Such charges may include but are not limited to shipping & handling charges, storage charges, late charges and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or discard of any remaining merchandise.
· Shipping charges are based on weight and dimensional weight may apply on bulky, lightweight packages.
· Ajummas.com will allow active Members to store their merchandise for up to 7 days at no charge. After 7 days, the Member agrees to pay storage charges of $1 USD per order per day. In the event that a Member’s items are stored for more than 7 days without payment, the merchandise will be returned or discarded.
· Prohibited or restricted merchandise is not storable, and must be shipped to an alternate address, returned to sender, or disposed of promptly.
· Insurance costs for merchandise shipments are based on the insured value. The insured value is subject to the terms and conditions of the particular carrier’s airwaybill(s). All claims are reviewed individually and any claim payment will be based on the declared value.
· Ajummas.com claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photographs, and receipts are received by Ajummas.com. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting, have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Claim liability for damage is limited to the lesser of either declared value, proof of purchase, or specific commodity liability limit. Claim liability for damage to any items prepackaged by manufacturer will be limited. Failure to file a completed claim within the carrier time limit will invalidate the claim.
· Either party may cancel this agreement with written notice (email).
· If a Member’s account charges become delinquent for more than 15 days, Ajummas.com may, at its sole discretion, cancel the Member’s membership, process all packages and mail as returned-to-sender, or discard all packages and mail. Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
· All invoices past due for more than fifteen (15) days will be assessed $10 USD plus a 5% per month late charge.
· Activation of the Member’s use of Ajummas.com services after the effective date hereof will represent the Member’s acceptance of this agreement and the charges listed on the Terms and Conditions of Service.
· Ajummas.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member’s responsibility to review the Ajummas.com Terms and Conditions periodically as continued use of Ajummas.com’s services will constitute the Member’s acceptance of any revised terms and conditions.
· Ajummas.com strictly prohibits any illegal activity by its Members. Any charges incurred, legal or otherwise, by Ajummas.com in connection with the enforcement of the law against a Member or potential Member will be the financial responsibility of the Member. See Indemnification section below for further details.
· Membership starts the day the Member’s application is received by Ajummas.com. Ajummas.com cannot send any shipments until all documentation required is received.
· The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, through or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable license requirements, such as US Department of Commerce export licenses, US Department of State export licenses and any and all import license requirements of the destination country. The Member agrees and acknowledges that he/she shall purchase any and all merchandise from United States sellers under an ex-works agreement. The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (as defined by the United States Foreign Trade Statistics Regulations) in every transaction generated by the Member. The Member agrees to provide to Ajummas.com all required information for export purposes from the United States Principal Party in Interest, including without limitation the Export Control Classification Number and the USPPI’s tax identification number (if a Shipper’s Export Declaration (S.E.D.) is required).
· The Member represents and warrants that (a) he/she is the end user of any and all merchandise that the Member requests shipped to the Member’s address, (b) any and all merchandise the Member requests be shipped will be used in the country that the Member requests shipment to and (c) Member will not re-export to a different destination.
II. APPOINTMENT OF AJUMMAS.COM AS MEMBER’S AGENT
· Members must grant a “Limited” Power of Attorney to Ajummas.com to act as an agent for these specific purposes.
· customs clearance;
· preparation of shipping documents;
· preparation of Certificate of Origin;
· preparation of an SED; and
· preparation of airway bill or any other document required to ship merchandise to Member.
· If a Shipper’s Export Declaration (S.E.D.) is required (a $25 preparation charge will apply) or a Certificate of Origin (a $10 preparation charge will apply) for goods manufactured and originating within the United States on behalf of the Member, Ajummas.com will file the required export information on behalf of the Member as its agent pursuant to this section.
· The Member must acknowledge that he/she has a duty to – and is solely liable for – providing all information required by United States’ laws and regulations, including information required by 15 CFR sec. 30 and maintaining all records as required under the customs or other government agency laws.
· Ajummas.com assumes no responsibility to act as a record-keeper or record-keeping agent for the either the Member or the USPPI. The Member is responsible to supply to MyUS.com all information regarding the USPPI, including its name and employer identification number (EIN), and the ECCN, Schedule B classification and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Statistics Regulations(FTSR).
· The Member agrees that he/she will remain liable for and indemnify, defend and hold harmless Ajummas.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof forward, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys’ charges 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:
· any negligent action or omission of Member or any of the Member’s employees, contractors, agents or any other person acting under Member’s supervision or control prior to, as of, or following the date hereof;
· any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement or any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
· Ajummas.com’s preparation, determination or execution of the documents (including international air waybills) or any other document necessary for transportation, including, but not limited to shipment addressing, routing, classification, licensing requirements, and value of goods/documents and value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Ajummas.com;
· the Member providing to Ajummas.com any information or documents containing any inaccurate or false information or documents; and
· the Member’s failure to comply with the terms hereof or any U.S. or other jurisdiction’s law applicable to the exportation or importation (into the destination country) of such shipments.
The Member acknowledges that the foregoing provisions are a material inducement to Ajummas.com to and enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.