SERVICES AND GENERAL OBLIGATIONS
1- SERVICES IN GENERAL:
This agreement is entered into by and between SkyShop Logistics, Inc. d/b/a/ “Saint Lucia Postal Service” (hereinafter referred to as "Saint Lucia Postal Service") and You (hereinafter referred to as the "Customer"). Saint Lucia Postal Service will provide the Customer with a postal address, which will be assigned for his/her exclusive use in Miami-DadeCounty, State of Florida, USA (the "Suite"). The Saint Lucia Postal Service service consists of the receipt of mail and/or merchandise, screening, consolidation, forwarding and air shipment from Miami, Florida, USA, to the home country of the Customer, including final local delivery to the address as identified by Customer in the Registration Page (the “Delivery Point”), including all actions required for customs clearance. The Customer will inform Saint Lucia Postal Service of the Delivery Point in writing (electronically), which shall include the exact address where the mail and/or merchandise should be delivered, in the "Registration Page." Saint Lucia Postal Service offers its Customers the option to reject unsolicited mail and/or shopping catalogs ("Junk Mail"). Notwithstanding this, and in spite of our best efforts, we cannot assure that all unsolicited mail pieces will be removed by our screening process. Therefore, Saint Lucia Postal Service shall not be deemed responsible for costs involved with unsolicited mail and Customer agrees that Saint Lucia Postal Service shall not be responsible for such costs.
2- PAYMENT AND COSTS:
The Customer hereby authorizes Saint Lucia Postal Service to charge the Customer’s credit card the following for the charges for the services:
a) The annual membership fee (if applicable) for the assignment of the postal address ("Annual Fee"). Each year, the Annual Fee will be automatically charged to the Customer’s credit card, upon renewal of the membership, under the discrimination “Saint Lucia Postal Service Annual Membership.”
b) Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by Saint Lucia Postal Service.
c) Import taxes and other taxes;
d) Expenses for local shipment to destination;
e) Insurance costs (the cost of insurance will be automatically included in the total Customer costs per shipment). Saint Lucia Postal Service offers free damage and loss coverage to the objects and merchandise stored by and under control of Saint Lucia Postal Service, limited to US $200.00 or equivalent in local currency (of the Customer’s home country). The Saint Lucia Postal Service responsibility is limited to its obligations for handling the packages in Miami, Florida , for the procurement of products for the Customer in Miami, Florida , and for the courier services to the local destination, except when there is any applicable law or treaty. The Customer acknowledges and accepts that Saint Lucia Postal Service may, at its option, obtain insurance coverage. Customer understands and agrees that any such coverage will have a limited value of as much as US $2,500. The Customer is responsible for securing insurance to cover values in excess of US $2,500. In addition, the Customer shall be the responsible for obtaining information about non-insurable products. If any questions arise concerning product insurance, please contact Customer Service.
f) If Saint Lucia Postal Service is not able to receive an approval from the credit card operator and the Customer has not provided another valid credit card, the package shall be considered abandoned and shall become the property of Saint Lucia Postal Service and at the sole option of Saint Lucia Postal Service be discarded, sold or returned to the seller after sixty (60) days from its arrival to our warehouse in Miami, FL.
g) The annual or monthly fee (if applicable) for a given country for the assignment of the Suite will be clearly stated upon initial registration or annual renewal of the Suite. Saint Lucia Postal Service will charge the Customer the expenses with freight, customs rights, handling and shipment, as well as possible commission costs if applicable, upon arrival of the merchandise or material to the assigned Suite. The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer. Saint Lucia Postal Service shall not be responsible for possible delays caused by expired, denied or void credit cards. The Suite number will only become available to the Customer after the final credit card approval. Customer shall have no right to have any mail or packages delivered to the Suite until such credit approval is obtained by Saint Lucia Postal Service.
3- DOCUMENTS OF CHARGES AND COSTS:
Saint Lucia Postal Service will make available to the Customer, upon reasonable request, documentation regarding charges and costs (fees and import taxes) which are the subject of credit card charges.
4- PERMIT AND AUTHORIZATION:
The Customer grants Saint Lucia Postal Service unrestricted power to accept mail, documents, merchandise or any other parcel addressed to the Customer. The Customer grants permission and authorization for Saint Lucia Postal Service to perform the necessary procedures, such as opening and verifying the contents of packages to ensure complete orders, undamaged merchandise completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer agrees to take any action or sign any document which becomes necessary to update or enhance said power. The Customer hereby agrees that Saint Lucia Postal Service shall not be deemed responsible for any claims against Saint Lucia Postal Service for the reception, handling, consolidation and/or shipment of mail, except for cases in which Saint Lucia Postal Service has acted in fraudulent or grossly negligent manner.
5- CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION:
a) RESPONSIBILITY:
(i) The Customer shall become the responsible for all legal infringements. The Customer hereby commits to accept the postal laws of his/her own home country and of the United States of America (USA) and of the European Community. The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by The Transportation Safety Administration (TSA) in the USA or country of destination. The Customer is solely responsible for knowing all rules and restrictions before ordering shipments through Saint Lucia Postal Service. Saint Lucia Postal Service shall not be deemed responsible for merchandise loss due to customs seizure.
(ii) The Customer shall be solely responsible for any legal infringement incurred through the use of the Saint Lucia Postal Service service. Saint Lucia Postal Service reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to Saint Lucia Postal Service. Some kinds of merchandise may require an export license. The Customer is the responsible for providing and submitting to Saint Lucia Postal Service all required documents for such licensing. In case Saint Lucia Postal Service would not receive the documents and the license required to proceed with a given shipment, Saint Lucia Postal Service shall notify the Customer to provide them within five (5) days. In case the missing documents are not supplied within such time, the goods will be retained and stored for 60 days. After 60 days, if no required documentation and/or information is provided, the merchandise will be subject to the procedure as set forth in Clause 2 herein.
(iii) In addition, the Customer hereby authorizes SkyPostal Inc, the logistics provider, to inspect, open and repack every package which it will come to handle as part of this Agreement, and Saint Lucia Postal Service shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the US law.
b) FREIGHT COSTS:
The charges are based on the actual weight of the mail or merchandise except for: The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height) in cubic centimeters divided by six thousand (6,000).
6- IMPORT TAXES AND OTHER TAXES:
The Customer shall be the responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination. Saint Lucia Postal Service will provide all required procedures for the customs clearance of the products coming from the Customer’s Suite, and will charge the Customer’s international credit or debit card or, at its sole discretion, or will submit a bill for the Customer to pay locally. Please, review our Frequently Asked Questions (Pricing, Customs) for additional information on customs taxes.
7- DELIVERY SERVICE TO DESTINATION:
Saint Lucia Postal Service will receive, screen and forward to the Customer’s local address the products or documents shipped to his/her Suite in Miami. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by Saint Lucia Postal Service to his/her credit card, as set forth in Clause 2 herein. In case the merchandise would arrive at the Saint Lucia Postal Service warehouse in Miami without an accompanying invoice, Saint Lucia Postal Service will issue an estimated invoice (if applicable) based on the value as established by the seller itself or a similar store, and will proceed with the shipment with such a pro-forma invoice. The Customer shall become responsible to indemnify Saint Lucia Postal Service for any losses or damages it might suffer resulting from the issuance of said invoice, including court and legal fees, even if the estimated invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise. If not applicable, Saint Lucia Postal Service will request it from the Customer to provide it.
8- OTHER SERVICES:
Subject to the provisions as set forth in Clause 2 herein, the Customer is entitled to pick up his/her goods in Miami, upon 2 days notice to our Customer Service, by visiting our warehouse at 7801 NW 15 Street, Miami, Florida 33126. The cost for this service is US $10___. In addition, at his/her own discretion and upon prior written notice, the Customer may require Saint Lucia Postal Service to ship the products to an address other than the Delivery Point. The Customer will be charged the regular freight costs plus an administrative cost of US $10 The Customer may also require Saint Lucia Postal Service to return the merchandise to the seller in the USA. In that case, the Customer will also be charged the applicable freight costs plus an administrative cost of US $10.
9- RECEIPT AND DELIVERY GUARANTEE:
Shipments shall be processed within an average lead time of 2-5 working days from their arrival date in Miami, Florida, USA, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the credit card is valid. Saint Lucia Postal Service shall not be responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airliners, customs or documentation. Saint Lucia Postal Service will attempt to deliver the merchandise to the final destination as determined by the Customer as many as three (3) times. After the third unsuccessful try, the product will be retained at our local facilities for a period of 60 days. After that time length, the package will be considered as abandoned and will become the property of Saint Lucia Postal Service and may be discarded.
10- DENIAL OF RESPONSIBILITY FOR THE PRODUCTS:
Saint Lucia Postal Service shall act only as a courier. Saint Lucia Postal Service shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipment to the Suite. Saint Lucia Postal Service will ship the products which are received at the Suite on behalf of the Customer to the Delivery Point as provided by the Customer in the "Registration Page."
11- RESPONSIBILITY FOR AIR TRANSPORTATION:
Saint Lucia Postal Service shall act only as a courier. Saint Lucia Postal Service shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipments to the Suite. Saint Lucia Postal Service will ship the products which are received at the Suite on behalf of the Customer to the Delivery Point as provided by the Customer in the "Registration Page."
12- INDEMNITY:
The Customer agrees to indemnify and hold Saint Lucia Postal Service harmless from any claim, loss, fine, tax or complaint for damages, brought by a third-party against Saint Lucia Postal Service as a result of the shipment to the Customer, so that Saint Lucia Postal Service will be held harmless.
13- ALTERATIONS IN CHARGES/COSTS:
The listed charges are subject to change without prior notice. Saint Lucia Postal Service reserves the right to charge an annual fee, as set forth in Clause 2 herein. Shall be non-refundable and will not be returned if this agreement is terminated by the Customer. All the same, Saint Lucia Postal Service will not be obliged to reimburse said annual fee in case this agreement is terminated due to a defaulting Customer.
14- TERM:
Unless this Agreement is terminated pursuant to Clause 15, this Agreement shall remain in effect for one year from the date of registration, and will be automatically renewed for successive one-year terms thereafter.
15- TERMINATION:
This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means upon thirty (30) days in advance notice.
16- COMPETENCE:
This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of the Miami-Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which can not be reconciled, they shall be settled by arbitrators named by the Customer and Saint Lucia Postal Service. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code.
17- NOTICE:
Notice of service cancellation and termination by Saint Lucia Postal Service shall be made by written notification to the Customer’s last known email address. Notice of service cancellation and termination by Customer shall be made solely by electronic means through the Company’s website at www.Saint Lucia Postal Service.com. In case you wish to submit any other document, notice, comment, suggestion, you can also use the website www.Saint Lucia Postal Service.com; for other purposes the Saint Lucia Postal Service address is:
Saint Lucia Postal Service
ATTN: Customer Services
7801 NW 15 Street
Miami, Florida 33106
USA
Phone: 305-436-6811