Acceptance of Terms
This Terms and Conditions of Use Agreement ("Agreement") governs the use of demandship.com ("Website") as provided by DemandShip, Inc. and its affiliates (for the purposes of this Agreement, collectively “DemandShip”, "we", or "our"). Please read the rules contained in this Agreement carefully. You can access this Agreement any time from the Website. This Agreement may be modified from time to time and your continued access of the Website constitutes your acceptance of any changes to this Agreement. Please check this Agreement frequently for updates.
Description of Services
The “Services” include the international shipping services, and all software. Agree to use the Website only for the intended purposes and only in lawful ways and you acknowledge that your failure to do so may subject you to civil and criminal liability.
The Services covers the process from where “Users” carry in packages to the designated address in the US (“Dispatch Center”) to where recipients in overseas countries receive packages through *international air transportation and customs clearance.
*International air transportation and customs clearance: refers to a stage from departures of packages from Dispatch Center until handovers of packages to a **last mile delivery carrier.
**Last mile delivery: refers to a stage from pick-ups of packages in a destination country by a local carrier until deliveries of packages to recipients.
The following articles are prohibited from shipment to all countries:
Bank bills, notes or currency
Corpses, cremated or disinterred remains
Ammunition & firearms
Live plants and animals
Ivory Marijuana, including marijuana intended for medicinal use
Precious metals (gold, silver, etc.)
DemandShip is not liable for any loss, damage, destruction of products resulted to be prohibited.
Transportation and Customs Clearance
DemandShip provides services, which include international air transportation, customs clearances, and inland deliveries in destination countries through contracted partner carriers, from Dispatch Center to addresses designated by Users.
In case any damage or defect has been caused by DemandShip or its partner carrier’s negligence, during Transportation stated above, compensation shall be made in accordance with compensation regulations of the corresponding carrier. Compensation regulations may vary depending on a carrier. However, goods which requires special care such as fragile products shall not be compensated. In case of compensations for fragile products and high-priced goods, you must take out a separate insurance policy provided by the corresponding carrier.
- Customs Clearance
In accordance with the principle of export customs clearance, DemandShip performs export customs procedures by having Users as exporters and fulfilling export requirements. Depending on transportation means, a shipping partner of DemandShip may act as a local customs clearance agent in a destination country. In case of international mail service, DemandShip shall not be involved in customs clearance.
In case import clearance has been rejected by a local customs office, you shall bear expenses incurred in returning to the US.
Return and Refund
In case cancellations of Services are requested after dispatch of parcels from Dispatch Center, the original agreement of Services shall remain effective. DemandShip completes fulfillment of the agreement of Services by dispatching parcels to overseas addresses designated by Users, and no cancellation requests are possible during deliveries. If returned to Dispatch Center, the returned parcels may be redelivered at your expense.
In case parcels are refused by recipients or undeliverable due to reasons such as wrong addresses, DemandShip will provide the best cooperation in regards of parcels’ return. According to all applicable export and/or import laws, rulings, and regulations of corresponding countries, DemandShip may not cooperate in case return procedure is unavailable based on cargo, and/or in case import is prohibited in the shipped country based on items. (Batteries or any product containing batteries are not returnable.) Return shall be done through EMS to Dispatch Center, and the returned parcels shall be sent back to you. All costs incurred shall be charged back to you.
Fees and Payment
- Usage Fees
"Usage Fees" are the fees for any DemandShip Services and any third-party fees including, but not limited to, pick-up, re-package fees, tracking fees, shipping fees, duties, customs brokerage charges, freight charges, insurance or other charges given during your use of DemandShip Services. DemandShip Services are “Pre-paid”. Usage Fees are subject to change. DemandShip reserves the right to charge any additional expenses incurred during the exercise of the Services, even after the order has been dispatched or delivered.
DemandShip disclaims liability for any shipping rate errors due to inaccurate or incomplete information, such as dimensions, weights, destination, and services used.
- Minimum Balances
DemandShip may set a minimum balance that you must maintain on your Account ("Minimum") for the purpose of Usage fees, taxes or duties. DemandShip reserves the right to increase or to decrease the Minimum on your Account immediately upon notice to you. Your DemandShip Account must be funded at or above the Minimum in order to use DemandShip Services.
- Anticipated charges
DemandShip may hold anticipated amounts of following charges (“Anticipated Charges”): additional shipping costs, duties and taxes payable, handling for customs clearance, and others, if necessary. The Anticipated Charges shall be held at the point of label generations, and, in case the Anticipated Charges are larger than a useable balance, you may not generate labels. The balance settlement for Anticipated Charges shall be made at every fixed period in accordance with the settlement policies of the corresponding affiliates.
- Negative Balance
Your Account may reach “Negative Balance” when Usage Fees are additionally charged after generating labels, and the amount of Usage Fees chargeable is greater than the remaining balance. In case of Negative Balance, the negative amount shall be charged back to your registered credit card at 9AM (UTC) on the next day of Negative Balance incurred.
You acknowledge and agree that all fees, charges and any other rates or amounts charged by DemandShip to you hereunder are exclusive of applicable VAT or Sales Taxes which may be levied in connection with the service of DemandShip. Where applicable, you shall pay all Transaction Taxes arising in respect of the Usage Fees or other amounts charged by DemandShip to you.
- Currency Fluctuations.
DemandShip reserves the right to adjust its pricing in response to currency fluctuations, including but not limited to, currency conversion rate changes, or conversion fee changes, or discount rate changes.
- Usage Fee Disputes.
Should you disagree with any Usage Fees (other than shipping fees or third-party fees) charged against your account, you must submit the dispute to DemandShip within 30 days of the fee being charged (“Dispute Period”). DemandShip will not review customer requests for Usage Fee adjustments that are received after the Dispute Period. The dispute timing allowed for third-party fees and carrier fees shall be set by the applicable third-party or carrier and such time period may be substantially shorter than the DemandShip Dispute Period. If you have a dispute with any fee, please contact DemandShip immediately.
Compliance with Law Including Export Control
You agree to use the website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of DemandShip, negatively reflect on the goodwill or reputation of DemandShip and shall take no actions which would cause DemandShip to be in violation of any laws, rulings or regulations applicable to DemandShip. DemandShip and the website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the content to countries or persons prohibited under the United States or other applicable export control laws or regulations. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the content.
You can contact DemandShip (for questions, comments, praise, complaints, etc.) at firstname.lastname@example.org, 310-844-6014, 17806 S Main St, Gardena, CA 90248.
DemandShip's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
This Terms and Conditions shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by DemandShip in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within Los Angeles, California for the purpose of resolving any dispute relating to your access to or use of the Service.
We reserve the right to make changes to the Website, policies, and this Agreement at any time.
BY USING THE WEBSITE (OR ANY PART OF IT), YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU CANNOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE.