Packandship Terms of Service (“Agreement”)
Please read these Terms of Service completely using packandship.net which is owned and operated by Pack and Ship Co.,LTD. This Agreement documents the legally binding terms and conditions attached to the use of the Site at packandship.net
By creating an Account and or using any of Pack and Ship Co.,LTD., you agree to be bound by these General Terms & Conditions. If you have created an Account and/or are using the Pack and Ship Services on behalf of a corporation or other entity, you hereby represent and warrant that you are an employee, consultant or agent of such corporation or entity and have due authority to do so, and to enter into these General Terms & Conditions for and on behalf such corporation or entity.
In these General Terms & Conditions (and to the extent that it is incorporate into these General Terms & Conditions by reference, the Packandship Website), the following words and expressions shall have the following meanings, unless the context requires otherwise:
- “Account” has the meaning given in Clause 2A;
- “API” means an application programming interface
- “Confidential Information” has the meaning given in Clause 9A;
- “Packandship Platform” has the meaning given in Clause 2A;
- “Packandship Property” has the meaning given in Clause 2A;
- “Packandship Services” or “PAS program” means all services offered by Pack and Ship eCommerce and ordered by you through your Account, comprising mainly of the storage and delivery management services managed through a cloud-based software platform as further described at the Packandship Website.
- “Packandship Website” shall mean the website at www.packandship.net ;
- “General Terms & Conditions” has the meaning given at the start of these Pack and Ship General Terms & Conditions;
- “Guidelines” has the meaning given in Clause 2C;
- “Merchant” or “you” shall be references to yourself (if you have created an Account and/or are using the Packandship Services in your personal capacity) or if you have registered on behalf of a corporation or other type of entity, that corporation or entity;
- “Online Marketplace” means any ecommerce website (including websites such as taobao.com and such other websites as may be specified by Packandship Website) on which you provide product, product pricing and/or inventory information for users of the website to purchase your products;
- “Parties” means you and Packandship
- “Product” means a product which you have created on Packandship Platform through your Account, and which has been or will be inbounded into Packandship Warehouse as part of the Packandship Services
- “Product Return Shipping Services” has the meaning given in Clause 7;
- “Product Loss” has the meaning given in Clause 8A;
- “Registered E-mail Address” shall mean the email address which you used to create your Account, or as updated to Packandship eCommerce from time to time for the purposes of maintaining the Account;
- “Registration Information” has the meaning given in Clause 2A;
- “Service Fees” have the meaning given in Clause 3A;
- “Packandship Warehouse” shall mean any warehouse located in the Warehouse Territories which is designated by Pack and Ship Co.,Ltd as being a warehouse at which your Products are to be inbounded as part of our services;
- “Standard Receiving” has the meaning given in Clause 6A;
- “Shipment” has the meaning given in Clause 6A; and
- “Warehouse Territories” shall mean Thailand.
All dollar amounts stated in these General Terms & Conditions, on the Packandship Website, or in the Guidelines will be in Thai Baht and HKD dollars unless otherwise specified.
Unless otherwise provided in these General Terms & Conditions, any references to time in days or business days shall refer todays or business day in Thailand (a business day being a day other than a Saturday, Sunday or gazette public holiday in Thailand) will be used.
ACCOUNT CREATION AND USE OF PACK AND SHIP SERVICES
Account Creation and Administration. In order for you to create an account (“Account”) to access and use the cloud-based software platform pursuant to which you may order, track and manage the Packandship Services (the “Packandship Platform”), you will need to provide your information which will be an email address and a password. You will register either as an individual or as an entity, and will provide your personal identity information and contact details (“Registration Information”). You agree that you will provide accurate Registration Information and will promptly update such Registration Information as necessary, but in any event no later than 30 days after any applicable change. Upon Packandship Website’s acceptance of your request to register for an Account, you will be sent validation and activation instructions. Access to, and use of, your Account is restricted to authorised user(s) only. You agree not to share your password(s), Account Information, or Account access information. You are responsible for maintaining the confidentiality of password(s) and Account Information, and you are responsible for all activities that occur under your password(s) or Account(s) or as a result of your access to the Account(s). You agree to notify Packandship immediately of any unauthorized use of your Account. Packandship shall not be liable for any unauthorised use of your Account. Notwithstanding anything contained in these General Terms & Conditions, Packandship has sole and absolute discretion in relation to the activation and/or administration of all Accounts.
You will remain liable for all obligations related to your Account even after the Account is closed. You may not close your Account to evade an investigation. If you attempt to close your Account while Packandship Website is conducting an investigation, Packandship may hold your funds and inventory for up to 180 days to protect Packandship or a third-party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities.
SERVICE FEES AND INVOICING.
Service Fees. The fee which shall apply to the provision of your services ordered through your Account and any special or additional fees assessed against your Account (including, to the extent applicable, third-party fees and charges such as rates of duty, international brokerage charges, freight charges , insurance premiums or other charges chargeable by third parties) as contemplated by these General Terms & Conditions and/or Guidelines (together, the “Service Fees”), shall be as set out on Packandship Website. Service Fees are subject to change, and such change shall be in the sole discretion of Pack and Ship Service., notified to you either via the Packandship Website, or by e-mail to your Registered E-mail Address. For the avoidance of doubt, any change in Service Fees shall not apply to orders which have already been ordered by you prior to the date on which the change has been notified.
Service Fees for storage will become applicable upon the date that Products are delivered to Packandship’s Warehouses for inbounding, regardless of the unloading date or date of issue of warehouse receipt. To stop incurring Service Fess by Packandship for storage, you must not have any active inventory (including damaged or returned inventory) in any Packandship Warehouse. Fee are only assessed on Products with active inventory. You will cease to be charged service fee for storage after you have outbounded or removed (in accordance with these General Terms & Conditions) all of your Products from all Packandship Warehouses. Your Account will remain available to you at no charge, unless you request additional services.
- Packandship shall prepare and deliver by way of electronic mail to your Registered Email Address invoices for the Service Fees. Such invoices shall state the Service Fees and goods and VAT or other Transaction Taxes (as defined in Clause 3D) payable pursuant to Clause 3D. Please review these invoices promptly so that Packandship can work with you in a timely manner should there be a discrepancy or disagreement as to any of the Service Charges.
You agree to pay all Service Fess stated in any invoice after you received shipment notification email within 30 days of invoice issue date, falling which you agree to and shall pay Packandship interest at the rate of twelve per cent (12%) per annum from the due date until the date of full payment.
- You acknowledge and agree that all Services Fees and any other rates or amount charges by Packandship to you hereunder are exclusive of applicable value added, sales/use or goods and service taxes (“Transaction Taxes”) which may be levied in connection with the supply by supplier or Pack and Ship Services to you. Where applicable, you shall pay all Transaction Taxes arising in respect of the Service Fees or other amounts charged by Packandship to you.
- Abandoned Account and Liquidation. If your Service Fees remain unpaid for a period of more than sixty (60) days, Packandship may, at its sole and absolute discretion, reclassify your Account as an “Abandoned Account”. Upon an Account becoming an Abandoned Account, all rights to ownership of the Products shall immediately be forfeited by you. Products stored at any Pack and Ship Warehouse will become immediately and irrevocably unavailable to you, and proceedings to liquidate your Account (“Liquidation Proceedings”) would begin. You agree that the Products would be free and clear of liability, and that you would assume any liability therefore. You would have no rights to the proceeds from the Liquidation Proceedings, except to the extent that these exceed the outstanding Service Fees which remain unpaid, as well as any costs and expenses of the Liquidation Proceedings. You would also remain liable for any outstanding Fees and/or costs and expenses of the Liquidation Proceedings which remain unpaid, to the extent that these exceed the proceeds from the Liquidation Proceedings.
USE OF PACKANDSHIP ADDRESS
You may provide Packandship Warehouse address with your membership code details to any Online Marketplace, ecommerce platforms (such as, to the extent that Packandship has confirmed that this is possible, Shopify), shopping cart, PoS, or other online sales channel which you use (collectively, “OnlineSalesChannels”).
ACCEPTABLE USE OF PACKANDSHIP FORWARDING SERVICES
Prohibited items You acknowledge and agree that any items which violate the Product Restriction Guidelines as below will not be able to deliver.
- Goods that are classified as hazardous material, non-approved * dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), DOT (U.S. Department of Transport), USPS (United States Postal Service), UPU (Universal Postal Union) and any applicable government department or other relevant organization;
- Hazardous goods
- Any goods that are prohibited or restricted, in particular any export, import or customs law provisions of the countries, states or region of origin, destination or transit.
- Any goods listed in the operator restrictions
- Any goods PackandShip considered as inappropriate
PackandShip has the right to open the parcel and inspect the products, however, PackandShip do not have the obligation to examine the products. The examination result has no guarantee to the quality and authenticity of the products, or whether or not the products violate a statutory or authorities’ prohibition, in particular the law provisions of the countries of the origin, destination or transit.
PackandShip can inform the police, custom or any related law enforcement if during the examination, we suspect the content may violate a statutory or authorities’ prohibition, in particular the law provisions of the countries of the origin, destination or transit. PackandShip will not be responsible for any loss incurred due to the examination. PackandShip will discontinue the service and can discard the products if we discovered the products are prohibited items.
Examination of parcel
PackandShip usually will only examine the content of parcel under the following circumstances, and may alter the packaging, delay the shipment, refuse service or not shipping out the parcel until the client provide us with a declaration or deposit:
– The parcel may contain prohibited items;
– The products may be damaged;
– The products may be damaged due to oversize packaging;
– No receipt or the receipt is doubtful;
– The content of the parcel is different from the declaration or the value is doubtful;
– The actual value of the parcel is lower than half of the shipment fee;
– The weight per waybill is over 300lbs;
– The average volume weight to actual weight is more than 5.
REQUIREMENTS FOR INBOUNDING OF PRODUCTS
Requirements for Standard Receiving of Parcels. Packandship has established receiving requirements for parcels to be inbounded at the Packandship Warehouses. If these requriements are not met, you may incur additional fees from Packandship, as set forth below. A “Standard Receiving” is one where:
- each parcel to be inbounded has a Packandship-SKU label in a format either generated using the Packandship Platform or specified in writing by Packandship as being compatible with the Packandship Services (collectively “Packandship SKU Labels”) and in conformance with the Labelling Guidelines set out by Packandship. You acknowledge and agree that in the event a Parcel is not labelled in accordance with this Clause 6A(i), delays may result and the service levels that would otherwise apply to a Standard Receiving will not apply. You further acknowledge that additional Service Fees and charges may apply;
- each parcel, box, carton and container associated with a receiving of Products (“Shipment”) has a legible shipment label generated using the Packandship Platform (“PAS Shipment Label”) securely affixed to it in conformance with the Labelling Guidelines and which contain the following information:
- “Ship from” address
- “Ship to” address
- Shipping plan name and other special instructions on the type of SKU and
any value added services required upon receiving.
You acknowledge and agree that in the event a Parcel is not labelled in accordance with this Clause 6A(i), delays may result and the service levels that would otherwise apply to a Standard Receiving will not apply. You further acknowledge that additional Service Fees and charges may apply;
- the actually received parcel quantities, dimensions and weights for each Shipment (as determined by Packandship when it actually inspects the Shipment at the time it receives such Shipment at the Packandship Warehouse) match what you declared through the Packandship Platform;
- for Shipments being sent to a Packandship Warehouse, the estimated arrival date is properly indicated on your Packandship Account Dashboard before the Shipment arrives at the Packandship local warehouse. Shipments arriving on days other than the estimated arrival date may not be measured under the standards for receiving set out on the Packandship Website;
- each individual product must be properly packaged with a Packandship SKU Label on the packaging, corresponding with the relevant Product SKU details declaration in your account;
- Products in each Shipment must be well organized, boxed and/or stacked; and
- Shipments weighing per shipment must not weight more than 30 kg or greater than 120 cm in length.
You must comply with all the above before sending Shipments of products to Packandship Warehouse. A Standard Receiving involves inventory that is correctly labelled, packaged and marked before it arrives at the Packandship warehouse territories. You must also comply with all applicable laws, including those governing packing, marking and labelling for all shipments.
Packandship shall not be responsible for segregating inventory by production date. If this is required, Packandship recommends that you inform us and create a unique SKU for each production to us in advance. Use of lot control tracking is not currently available as part of the Packandship Services. When an order is received for inventory in a Packandship Warehouse for order fulfilment service, Packandship will pick and pack the orders on a first in first out (i.e. FIFO) basis.
REQUIREMENTS FOR STORAGE AND SHIPMENTS
Limited Access to and Removal of Inventory. All Products and parcels which have
been received by Packandship at a Packandship Warehouse shall be unavailable for inspection, exchange or pickup by you without your issuing a removal order through your Packandship Account. Packandship may move Products within a Packandship Warehouse or between other Packandship Warehouses without providing you with prior notice, although if the Packandship Warehouse at which Products or parcels are stored changed, Packandship will notify you of such change as soon as is reasonably practicable.
You are not permitted to visit any Packandship Warehouses. Each Packandship Warehouse is a secured facility and not opened to the public.
- Return of Dangerous Inventory. Even after products or parcels have been received and inbounded at a Packandship Warehouse, Packandship may return at your cost any products it deems unfit, dangerous, requiring special attention, in breach of Clause 5 or as otherwise interfering with Packandship’s normal operations. The return of such products or parcels will generally be treated as a normal outbound order for the purposes of determining the handling charges which should apply for such returns. However, if products or parcels is returned to you because they are damaged (other than through the negligence or default of Packandship or its affiliates), and such products or parcels require special inspection or deconstruction (e.g. removing batteries for safety reasons), these may incur additional handling charges. Product returned pursuant to this Clause7B shall be returned to the billing address listed in your Account. If you have not provided a valid address or no address is available for any reason, Packandship may liquidate your inventory in the manner contemplated by Clause3D, or in its absolute discretion, dispose of such inventory as it deems fit.
- Defective Packaging. Where you provide shipment declaration, Packandship may determine that because your packaging is inadequate for shipping due to its non-compliance with the Packaging Best Practices Guidelines, an external box (or other appropriate packaging) is required. Packandship may, at its sole discretion, offer an external box and packging solution for an additional fee, or return the Products to you at your cost.
Prior to sending any Products to Packandship Warehouse, it is strongly recommended that you to check the Product and packaging for “shippability” before you place order.
- Using Packandship Services to Ship Products. Where you order shipping services (including the Product Return Shipping Services as defined at Clause 7E below) for the Products through your Account, Packandship shall procure that Thailand Post (which may, in turn, sub-contract the provision of certain of the Services in this Schedule to one or more of its affiliates, sub-contractors or agents) will ship the Products or Parcels to the relevant shipping address.
In the event of any inconsistency between any Thailand Post, sub-contractors or agents Terms and these General Terms & Conditions, these General Terms and Conditions shall prevail, but only ot the extent of such inconsistency only.
If you have opted for self-pickup, Packandship will contact you for further pickup detail locations and please note that local delivering fee or charges may incur.
- Using Packandship Services to Ship Product Returns. Please inform Packandship before the parcel is arrived at our oversea warehouse, so we can arrange a return. Packandship will not return a parcel that is already checked in. (Parcel return is not available for Japan and Korea warehouse)
- Shipment orders cannot be cancelled. Once submitted through the Packandship Platform orders to ship Products are not editable or cancellable. It is your responsibility to manage orders to be hold or shipped prior to submission through the Packandship Platform. If Packandship, at its sole discretion, attempts to edit or cancel an order on your behalf after submission, this will be done on a “commercially reasonable efforts” basis, and where successful, could result in additional fees or charges being incurred.
LIMITATION OF LIABILITY
Product Loss Liability. You acknowledge and agree that, without prejudice to the limitations of liability provided for in this Clause 6, Packandship’s liability for loss of, theft of, or damage to, the Products (together, “Product Loss”) inbounded in the Packandship Warehouses shall be as set out in the reimbursement policy for inventory damage/loss as set out on the Shipment Protection provided always that Packandship shall not be liable for Product Loss unless it is established that the Product Loss was a result of Packandship or its affiliates’ negligence or default in respect of Packandship’s obligations under these General Terms & Conditions.
For the avoidance of doubt, if Packandship is able to provide a reasonable explanation for inventory loss (including where inventory is mismarked, inventory errors are received, or you fail to inbound the Products), such inventory loss shall be deemed not to constitute Product Loss for the purposes of these General Terms & Conditions.
Upon receipt of written notice from Packandship, you shall promptly refund to Packandship the amount of any payments made by Packandship to you for Product Loss pursuant to this Clause 6 if any Product Loss is accounted for within one hundred and twenty (120) days of the date on which the Product Loss is detected. If any Products for which Packandship has previously remitted payment to you are found or otherwise accounted for after such one hundred and twenty (120) day period, Packandship shall return such lost Products to you, and you shall return to Packandship the amount previously paid to you with respect to such lost Products.
If our parcel insurance plan is not used, we will compensate the actual value of the parcel at the maximum of HK$700 is there parcel is lost. Please refer to the following regarding the terms and conditions for lost or damage of the parcel.
- Waiver of Indirect Damages. In no event shall Packandship or its affiliates be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with these General Terms & Conditions whether during or after the term of these General Terms & Conditions. For the purposes of these General Terms & Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue or sales revenue, profits, anticipated saving or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. For avoidance of doubt, you acknowledge that Packandship does not have any special knowledge relating to any of the Products or the fulfilment of orders of Products using the Packandship Forwarding Services.
- PACKANDSHIP’S RESPONSIBILITY
“Force Majeure” -PackandShip shall not be responsible for any delay or undelivered due to natural disaster e.g. earthquake, cyclone, storm, flood, fog or incident that is not within PackandShip ’s control e.g. war, plane crash or embargo, riot or civil commotion, industrial action.
PackandShip shall not be held responsible if the problem was caused by you or a third party, including but not limited to violation of the law of the origin, destination or transit country or region, the parcel contains prohibited goods, providing incorrect information regarding the parcel, parcel held in custom, invalid delivery address, parcel denied by receiver, the value or content of the parcel is suspected to be different from the declaration, the weight of the parcel is suspicion, any violate of our terms and conditions, or any other conditions where PackandShip felt the need to temporarily or permanently suspend the service.
TERMINATION OF SERVICE
By using the service provided by PackandShip, you hereby agreed that PackandShip shall not be responsible for the lost, damage, delay, wrongly delivered, undelivered of the parcel or providing inaccurate information or unable to provide information if it occurred due to include but not limited to the following situations, and will not adjust, refund or offer any compensation. PackandShip shall not be responsible for any direct, indirect or collateral loss incurred, include but not limited to loss of income, profit, market or opportunity.
By using the service provided by PackandShip, you are signifying to agree that PackandShip will not be responsible for the loss (include but not limited to loss of income, profit, market or opportunity), lost, delay, undelivered incurred include but not limited to the following circumstances:
The negligent of yours or a third party’s
-violation of the terms and conditions
Undelivered due to invalid information provided during registration
Undelivered due to invalid or missing tracking number
The parcel contains prohibited goods.
Undelivered due to alternative instruction given by you, sender or receiver, in verbal or written form
Any lost or damage to the contents when the parcel is sealed and the packaging has no significant damage and the receiver has not filed a written claim regarding the damage of the packaging
Delay caused by not confirming and paying the tax and duty on time.
Loss due to invalid tracking number, no entry record, missing or wrongly sent item.
Additional fee for multiple deliveries due to invalid or incomplete address and/or unable to contact the receiver
Natural disaster: including but not limited to earthquake, tornado, storm, flood, fire, plaque, fog, snow, frost or geological disasters.
PackandShip will not be responsible for any loss incurred under unforeseeable circumstances include but not limited to natural disaster, strike, disturbance, riot, war or termination or disruption of communication or transportation or mechanical malfunction that is not within the control of PackandShip
Negligence by custom, airline, airport or government authority, include but not limited to custom refusal, flight delay
Delay due to custom
Flaw, imperfection of the content, damages not incurred during
Lost of digital data or image on films
PackandShip will arrange the delivery in a reasonable manner under any uncontrollable circumstance, however PackandShip does not have the duty to inform you
PackandShip will arrange delivery in a reasonable manner, however PackandShip will not be responsible for any delay.
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
Terms and Conditions ( Please read the terms and conditions before using the service)
Note 1. Shipment Protection
Note 2. Prohibited Articles Catalog