MySaudiStore.Com is fully owned and operated by Abdul Latif Jameel Transportation Company Limited hereinafter (“The Company”) You are viewing these terms and conditions as a requirement for undertaking online logistics business with the Company through their website at the domain www.mysaudistore.com (the “Website”).
You are referred to below as you, your, the "Member," or a "Member." The Member's use of services provided by The Company, will represent the Member's acceptance of this agreement (hereinafter "Agreement"), as set forth in the following Terms and Conditions. The Company 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 Company Terms and Conditions periodically as continued use of The Company services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of The Company.
In addition to these Terms and Conditions, Member agrees to be bound by all terms and conditions of ACCESS USA SHIPPING, LLC, a Delaware limited liability company (hereinafter "the U.S. Package Consolidator"), which can be viewed at the Website AND ITS PARTNER'S TERMS AND CONDITIONS.
The Company will provide the Member with a suite number (address) in the United States of America (“USA”) at which the Member can have mail and/or merchandise delivered prior to export. The Company's services consist of acting as an agent of the Member for his logistics needs including consolidation of the packages in USA and export purposes to Kingdom of Saudi Arabia (“Saudi Arabia”). At the Member's direction, the Company arranges for export to the Member specified local address in Saudi Arabia by the Company. The Company does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by the Company may be opened by representatives of the Company. Members are responsible for all import obligations of Saudi Arabia.
- The Member authorizes the Company to charge for all services provided for the benefit of the Member and/or Member's account activity with The Company. Such charges may include but are not limited to shipping and handling charges, return/reroute fees, 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 and/or cancellation of service, cancellation of membership and involuntary return or the discarding of any remaining merchandise at the sole responsibility, risk and cost of the Member.
- The Member has to pay the agreed service fee for the Company as stipulated on the Website. The Company provides the following payment methods for the Member to pay the due amounts for the services.
- If there is a specified Company center in the Member located city, then the Member has to pay at such center either by cash or through credit or debit card upon the collection of the Member’s package/ mail.
- In case of non-availability of the Company’s center in the Member city, then the Member will pay cash upon delivery of the Member’s package/ mail at his location city.
- Pay online on the Website through credit or debit cards (If and when applicable).
- If a Member's payment method is made directly to the Company by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes the Company to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of US$ 3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for US$ 3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals US$ 3,000.
- Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.
- 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, photograph(s), and supporting documentation, including receipts, are received by the U.S. Package Consolidator. 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. Any liability for damage or loss caused after delivery to the U.S. Package Consolidator is limited to the lesser of the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by the U.S. Package Consolidator for damage or loss caused to any items before delivery to the U.S. Package Consolidator or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. The U.S. Package Consolidator has an Inland Marine insurance policy, with a liability limit of $500,000. The U.S. Package Consolidator does not maintain its own Aircraft Accident Liability Insurance coverage.
- Each Member as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to The Company by such Member, whether under these Terms and Conditions or otherwise, hereby mortgages, pledges and hypothecates to The Company and grants to The Company a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to the Company (the "Secured Obligations").
- If a Member account charges become delinquent for more than thirty (30) days the Company may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
- Without limiting the generality of the foregoing, the Company may, (i) enter upon the premises where any and all packages shipped by such Member to the Company are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on the Company's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of the Company or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. The Company shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
- Title to any items that cannot be exported after arrival at the U.S. Package Consolidator facility in USA (“the Facility”) will be forfeited by the Company. the Company will have the option of returning all such forfeited packages/mail to the sender(s) and/or discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity after deducting the Company’s cost, if any, (2) destroying such items, or (3) providing such items to a government official.
- The Member agrees and acknowledges that he/she shall purchase any and all merchandise from sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Facility and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Facility.
- If the Member does not submit the shipping request within 90 days from the date of receiving the item at The Facility, The Company may, at its sole discretion, return the (1) the packages/ mail to the sender (Senders) and/ or of discarding the items including selling any item not returned to the seller and then providing the proceed of such sales to charity after deducting the Company cost including management fees.
- If the Member does not collect his package/ mail within 60 days from the date of receiving the item at the Company facility in Saudi Arabia, the Company may, at its sole discretion discard the items including selling any item not returned to the seller and then providing the proceed of such sales to charity after deducting the Company cost including management fees.
- If a Member's account charges become delinquent for more than thirty (30) days, the Company may, at its sole discretion, suspend or cancel the Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
- Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- The Company suite number is to be used only for package consolidation purposes. The Member will not represent that its suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in either suspension or cancellation of the Member's account.
- The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that The Company is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
- The Member also is responsible for informing the seller that any merchandise purchased and sent to The Facility ultimately will be exported out of the USA. Additional information is provided in Subsection III.D (“Compliance with the Foreign Trade Regulations”) below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to the Company by the seller.
COMPLIANCE WITH LAWS
A. Compliance with Laws including Export and Import Laws
- The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and 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 import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the Kingdom of Saudi Arabia
- The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the USA and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by The Company is available on our Prohibited and Restricted Items page.
- The Member represents and warrants that (a) the recipient of any items consolidated by the Company is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide the Company with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by the Company will be used in Saudi Arabia to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the USA or resell in or into the USA any food products or dietary supplements it receives through the Company and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. The Company reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by the Company. The Member shall, in good faith, promptly sign any such requested document.
B. Prohibited and Restricted Items
- The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
- Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
- Hazardous materials (matches, chemicals, explosives)
- Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
- Coffee (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through the Company may not be returned to or resold in the USA.
- Animals and products made with animal skin (furs)
- Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit.
- Lottery tickets and gambling devices.
- Prescription and/or veterinary medication.
- Lock picking devices.
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
- The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. The Member also understands and agrees that the Company is not responsible for the loss of any software and/or data.
- The Member acknowledges that the Company will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the USA that is subject to the ITAR (International Traffic in Arms Regulations) or that would require an export license under the EAR (Export Administration Regulation), except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by The Company. The Member also acknowledges that The Company does not allow for the use of exemptions under the ITAR. Additional guidance about the items that you can and cannot have processed by The Company is available on our Prohibited and Restricted Items page. However it is the Member’s responsibility to ensure that the item Member wishes to ship is not a prohibited item under the applicable laws and regulations of both USA and Saudi Arabia.
- The Member is responsible for confirming that prohibited items listed in The Company Prohibited and Restricted Item page are not sent to the Facility. The Company reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity). The United States government provides general information about U.S. export requirements on the Export.gov website.
C. Prohibited and Restricted End Users
- The Company will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. The Company also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).
- In the event that the Member is believed potentially to be a Prohibited Person or requests that The Company arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, The Company may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of The Company, The Company reserves the right to remove the shipping address of such potential Prohibited Persons from the Member's account or to cancel the Member's account. The Company also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of the Company or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons.
D. Compliance with the Foreign Trade Regulations
The Company takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by the Member and the U.S. seller.
- 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 ("USPPI"), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member. The Member agrees to provide to the Company all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
- If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing the Company with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value it provides to The Company is true and accurate. The Company Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. Government or for the violation of any U.S. laws or regulations on exportation.
E. Fraud Prevention
The Company will use commercially reasonable best efforts to prevent any fraudulent use of The Company service. The Company works diligently to prevent credit card fraud and cancels any Member accounts engaged in such activity and returns the merchandise to the merchant. The Company requires documentation from Member/ applicants to ensure against fraud, such as requiring copies of identification and credit cards. The Company also prohibits use of the Company service for multi-level marketing, pyramid schemes, receiving checks and/money orders, and other business practices easily subject to abuse. Finally, each Member has a duty to--and is solely liable for--accurately providing all information required by United States' laws and regulations, including information on the value or export classification of merchandise, and for maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the U.S. Government for making false or fraudulent statements with respect to this information.
- The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless The Company and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, 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;
- any breach or non-performance of any covenant or obligation of the Member under this Agreement or any other document or instrument in connection with this Agreement;
- The Company's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of The Company;
- the Member providing to the Company any incomplete, inaccurate, misleading or false information; and
- the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to this Agreement including the exportation or importation of such shipments.
- The Member acknowledges that the foregoing provisions are a material inducement for the Company to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and the Company as a result of this Agreement or your use of this Website.
This Agreement constitutes the entire agreement between you and The Company. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Company. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
GOVERNING LAW & DISPUTE RESOLUTION
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the Kingdom of Saudi Arabia. The Member agrees that, in all disputes including the enforcement and the interpretation of this Agreement, consent and submit to the exclusive jurisdiction and the exclusive venue of the Kingdom of Saudi Arabia courts and the Member waives all claims that such jurisdiction and venue is improper or inconvenient. Nothing in this clause restricts or limits The Company ability to file any case before any competent court outside Saudi Arabia including courts of USA for seeking any injunction, subpoena or seeking any specific performance or remedies.