SHOPFANS.COM – U.S. TERMS AND CONDITIONS
Shopfans.com ("Shopfans" or the “Site”) provides services and website features to Users subject to the following conditions. If you visit the Site, you accept these terms and conditions. Please read them carefully. Please exit the website immediately if you do not accept these Terms and Conditions or are accessing the Site in a country or other territory where use of the Site is not permitted.
Shopfans may need to update these Terms and Conditions from time to time. Shopfans recommends that you regularly check this page to ensure that you have read the most recent version.
Unique Postal Address: a postal addresses in the states of Pennsylvania, and Delaware, United States, that can be used by the User for receiving Internet Store Orders. The Unique Postal Address is indicated on the Site in the Preferences section.
Internet Store Orders: one or several items obtained by the User from an Internet store and sent from the Internet store to the Unique Postal Address in the same box.
Tracking Number: a unique number assigned by a postal or courier service for identification of a mailing in the postal or courier service’s delivery system.
User Address: a postal address at which a User or his authorized representative is able to receive a Package delivered by a postal or courier service. A User may use more than one User Address for shipping Packages. Regardless of the actual recipient of the Package indicated on the Address Label, the User bears responsibility for fulfilling all obligations with respect to Shopfans within the framework of the Conditions.
Address Label: a document prepared in accordance with the existing requirements of the U.S. Postal Service necessary for delivery of a Package to the User Address. The Address Label contains information about the User Address and is affixed to the Package just before transferring it to the postal service for its delivery to the User.
Package: mail forwarded to a User Address prepared in accordance with existing standards and limitations currently in force in the United States and in the country where the User Address is located.
Consolidation: actions for combining two or more Orders from several boxes into one. Shopfans carries out User Instructions during Consolidation for processing an Order for its further forwarding to the User Address. In case such packing is not required, Consolidation means preparation of an order for further forwarding to the User Address. Preparation includes checking suitability of the packaging for further shipment. The result of completing Consolidation is a Package ready for forwarding consisting of the items previously contained in the Orders. If one or several Orders (as a whole) have not been accommodated in the Package, they, at the User's option, can be either returned to the warehouse or shipped by another Package.
User Instructions - User directions for processing orders during their Consolidation. The Instructions may be directions to remove the Internet store's invoice or to remove unnecessary packaging. The User can generate a separate User Instruction for each order.
User - a Shopfans system client who has agreed to use the Shopfans service according to these Terms and Conditions.
User's Account - an account in the Shopfans system where payments are accepted from the User and deducted from it to pay for Shopfans Services and postal expenses. The User Account is maintained in American dollars.
Unclaimed Orders - An Order or Orders not sent for Consolidation within 30 days from the time of arrival at the warehouse.
Unclaimed Packages - A Package or Packages not sent to the User Address within 15 days from the time of arrival at the warehouse.
When you visit Shopfans or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT AND TRADEMARKS
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shopfans or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Shopfans and protected by U.S. and international copyright laws.
LICENSE AND SITE ACCESS
Shopfans grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shopfans. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shopfans. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shopfans without express written consent. You may not use any meta tags or any other "hidden text" utilizing Shopfans’s name or trademarks without the express written consent of Shopfans. Any unauthorized use terminates the permission or license granted by Shopfans. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Shopfans so long as the link does not portray Shopfans, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use the Site, you are responsible for maintaining the confidentiality of your User’s Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User’s Account or password. The use of the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Michigan. Shopfans does not offer services to children. If you are under 18, you may use the Site only with involvement of a parent or guardian. Shopfans reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Shopfans provides the following services to its Users:
Shopfans is not obligated to fulfill any other instructions from the User except removal of invoices and unnecessary packaging. Shopfans does not remove labels, check that what has been received corresponds to what has been ordered, photograph items, etc. Shopfans does not return Internet Store Orders. Shopfans does not provide services for deconsolidation and selection of Packages already packed.
OBLIGATIONS OF SHOPFANS
Shopfans is obligated:
OBLIGATIONS OF USER
User is obligated:
In providing Services to the User, Shopfans has the right:
Shopfans.com provides insurance for a loss at the User's option according to these Terms and Conditions.
The User pays Shopfans for Services in American dollars according to the Fees Schedule set forth in these Terms and Conditions by transferring funds to User's Account on the Site. Shopfans deducts funds from the User's Account for Services rendered and postal expenses (at the moment that the Package's is forwarded). Any remaining funds in the User's Account can be used for payment of future Shopfans Services.
Transfer of funds can be made by a bank transfer, a charge to a PayPal account, or by payment with a VISA card. Depending on the payment type, Shopfans charges a commission for compensation of its expenses connected with the funds transfer and currency conversion into U.S. dollars. The commission is collected as a percentage of the sum transferred and is indicated in the Fees section of these Terms and Conditions.
Upon replenishment of a User’s Account by a charge to a PayPal account or using a Visa card, the deposit of the funds into the User's Account takes place instantly. Upon replenishment of a User’s Account by a bank transfer, the deposit into the User's Account takes place within three working days. If the payment to the User's Account does not take place within three working days, the User is obligated to send precise information about the payment to Shopfans by e-mail (help@Shopfans.com) (date and exact sum of payment after deduction of the commission, User's bank name through which the transfer took place and the number of the payment order).
Conversion of funds into U.S. dollars takes place at the Shopfans internal rate of exchange. Information about the internal rate of exchange is shown on the page http://Shopfans.ru/finances/topup.html.
Fees for postal services are indicated at the address http://ircalc.usps.gov/ for the class of Package forwarding and country where the User Address is located.
Fees for Services are as follows:
Commission connected with transferring funds to the User's Account:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Shopfans is not responsible for:
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOPFANS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOPFANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPFANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPFANS DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR E-MAIL SENT FROM SHOPFANS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPFANS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ERRORS AND INACCURACIES
Shopfans attempts to ensure that the information on the Site is accurate and complete. However, we do not represent or warrant that the information on the Site is accurate, complete, error-free, reliable, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice. We also reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information. We reserve the right to withdraw, temporarily or permanently, any content from the Site. You acknowledge that Shopfans is not liable to you or to any third party for such withdrawal, cancellation, or refusal.
By visiting the Site, you agree that the laws of the United States, State of Michigan, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Shopfans.
Any dispute relating in any way to your visit to Shopfans or to products or services sold or distributed by Shopfans shall be adjudicated in the United States in any state or federal court in Michigan, and you consent to exclusive jurisdiction and venue in such courts.
You agree fully to defend, indemnify and hold harmless Shopfans, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
700 Carpenters Crossing, Folcroft, PA, 19032-2011
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shopfans’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Shopfans that your copyrighted material has been infringed.
Shopfans’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows: