Terms and Conditions
Posted: December 17, 2019
Terms and Conditions for using our online services.
Acceptance of the Terms and Conditions
By using the services of Skyfast LLC with its registered office at 501 Silverside Road, Suite 105, Wilmington, 19809 DE (hereinafter also referred to as "we", "us", "our", as well as the "Company" or "Service Provider") and the functionality of the website at https ://www.zakupywusa.com.pl https://www.zakupywusa.com.pl (hereinafter: "Website", "Platform", "Website"), you agree to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using our services. The Website is an internet service that enables residents of foreign countries to commission intermediation services in the purchase of goods in the territory of another country, in particular the United States of America and European Union countries.
Users of the Website using our services may only be natural persons who are over 18 years of age, who, in accordance with the law of their country of residence, have full legal capacity and can enter into a legally binding contract. In situations where we write about Website Users in these Terms and Conditions, we will also use phrases in the second person singular, such as "You", "Your", etc.
What should I do to use the Website?
To use the Services, the User must have a device enabling access to the Internet and browsing its resources. Lack of Internet access or long-term interruptions in Internet access may result in improper operation of the Website.
Intermediation service. Conclusion of the contract. Power of attorney.
The essence of the intermediation service we provide is to conclude a sales contract on your behalf and on your account with the seller indicated and selected by you. The seller is indicated by sending us the URL address of the items you are interested in on foreign e-commerce platforms via a form on our Website, e-mail or a message via social networking sites. After receiving the URL of the product(s) from you, we make an individual valuation of our services, presenting you in a return message the total price of the selected products along with the price of our services in your local currency. When making an individual valuation, we take into account, among others, the following factors: dimensions, weight, gross base price of selected products, local taxes such as value added tax, sales tax and others, domestic and international transport costs and our margin. If you agree to the offer presented by us, we ask you to accept it and pay it with an amount of at least 50% of the valuation in the manner indicated in our message. The remaining amount is paid by you upon receipt of the shipment (by bank transfer after the shipment reaches the destination country or to the courier on delivery).
The conditions for the implementation of the intermediation agreement are:
- providing your name and surname,
- providing the shipment delivery address,
- providing your phone number,
- providing other data necessary to make a purchase on an external e-commerce platform, such as size, color, taste, smell or other parameters that can be individualized via the website of the external e-commerce platform.
When the order is properly paid, an intermediation agreement is concluded, and you therefore grant us a power of attorney to conclude, on your behalf, with the seller selected by you, a purchase agreement for the goods indicated by you, this means that you become the owner of the ordered goods once we have paid for the goods at the seller indicated by you, and we will order it to be delivered to you from a country of origin to the address indicated. As part of the commission we collect, we cover, in addition to the costs of goods and their shipment, all other costs such as currency conversion rates, credit card fees, bank fees, costs of storing parcels with the exception of customs duties, taxes or import fees, and value added tax related to the import of goods to the area covered by the territorial scope of value added tax taxation or other charges of a similar nature related to the import of goods from outside your jurisdiction.
Deadline for the implementation of the intermediation agreement
As a Service Provider, we will complete the purchase order within 3 business days (Monday - Friday, excluding holidays in the United States and other countries related to the execution of a given order). If the goods you indicate are not in the seller's warehouse, we will inform you and, at your discretion, you may withdraw from the order or order the purchase of other goods. In each such situation, the deadline for processing the purchase order is another 3 business days.
The delivery date of the products you order depends on the delivery dates of the seller you selected. In the message sent to you after placing an order for intermediation services, we will inform you about the approximate waiting time for the goods you have ordered. In most cases, you will wait 15-30 days for your goods from the time of purchase.
You cannot hold us liable for the content posted by the sellers you select on their websites, including any translations of that content made by you, their acts or omissions, or for the items they offer for sale. You acknowledge that we only provide an intermediary service. We do not control or guarantee the quality, safety or legality of the items you purchase, the reliability or accuracy of sales offers from third party e-commerce platforms or platforms independent of us, the quality of your own translations, the ability of sellers to sell items or that a buyer or seller will complete a transaction or will return the item, as well as the warranty, exchange and return terms.
Nothing in this Terms and Conditions limits or excludes our liability for fraudulent misrepresentation or for any other circumstances arising from our willful breach. Our services may be interfered with by numerous factors beyond our control. Accordingly, to the extent permitted by law, we exclude all implied warranties and conditions. We are not liable for monetary losses caused by unintentional fault, damage to reputation or good name, or for lost profits in connection with your use of our websites and services.
We are not responsible for any delays or issues related to import regulations in the destination country. Users are responsible for ensuring that the products they purchase comply with import regulations or other restrictions in force in their jurisdiction.
We are not responsible for paying taxes, fees and any other charges that you must pay under the regulations of your place of tax residence or stay in connection with your purchase
Refusal to provide the intermediation service
You acknowledge that we may refuse to provide brokerage services for the following products:
- counterfeits, unlicensed copies of products, counterfeit goods, live animals or plants, human or animal remains, products that are perishable or require special handling conditions (e.g. temperature or humidity control),
- military goods or other goods subject to prohibitions, licenses, permits or consents (such as dual-use items or weapons) for their import, export, transit or carriage under export control legislation, applicable sanctions and regulations or other restrictions,
- goods that are subject to regulatory procedures (for example, excise goods) or a special transport permit,
- dangerous materials, dangerous goods, articles prohibited or restricted by ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) for road shipments, IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization) for air shipments or other relevant organizations in the jurisdictions we serve,
- precious metals or precious stones, antiques, unique works of art or other items of special value, characterized by high risk.
Prohibition on providing illegal content
Users may not use the Website for activities that are inconsistent with applicable law, in particular those that cause or may cause overload of the Service Provider's IT infrastructure.
You have the right to submit a complaint if the services provided for in these Terms and Conditions are not provided by us or are provided contrary to the provisions of these Terms and Conditions. Complaints may be submitted in writing or electronically by post to the following address: firstname.lastname@example.org The complaint should include at least the name and surname, contact details such as e-mail and a description of the objections raised. If the data or information provided in the complaint need to be supplemented, before considering the complaint, we will ask the User submitting the complaint to supplement it in the indicated scope, setting an appropriate deadline for this purpose, not shorter than 7 days. We undertake the obligation to consider the complaint within 30 days from the date of its receipt in the correct form. The response to the complaint is sent to the User's e-mail address or to the postal address indicated by him.
Changes to the Terms and Conditions
We may change these Terms and Conditions for important reasons (in particular those dictated by technical or legal reasons, as well as the development of our IT infrastructure, the introduction of new services or functionalities or an increase in our costs), without the need to justify these reasons to Users. If any of the provisions of these Terms and Conditions are changed or invalidated as a result of a final court decision, the remaining provisions shall remain in force and bind the Users and the Service Provider.
These Terms and Conditions and the contractual relationship between the Company and the User are governed by the laws of the US state of Delaware, except for provisions inconsistent with federal law of the United States of America.