A. Global Shipping Services
You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use the Global Shipping Services.
You agree to use the Global Shipping Services in accordance with all procedures that may be provided to you by Shopify from time to time. If you do not agree with these procedures then you are not permitted to use the Global Shipping Services.
The Global Shipping Services allows you access to purchase Sendle Pty. Ltd. ("Sendle") services (“Sendle” is a “Carrier”) to assist you with fulfilment for your Shopify orders. You do not need to create Carrier accounts to use the Global Shipping Services.
B. Your Responsibilities
Shopify serves only as an intermediary between you and the applicable Carrier, allowing you to purchase services, postage and to print shipping labels (“Labels”). You are responsible for shipping to your customers. Shopify is not responsible for picking up, transporting, delivering or otherwise dealing with your shipment.
Your use of Sendle shipping is subject to, and you are responsible for compliance with all applicable Sendle rules. See Sendle's Terms and Conditions for the terms and conditions governing your shipment with Sendle.
You are responsible for compliance with all local and international shipping and customs regulations.
All Global Shipping Services must be associated with Shopify orders. Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Global Shipping Services, use the Global Shipping Services, or access the Global Shipping Services without the express written permission of Shopify. You may not use the Global Shipping Services for any illegal or unauthorized purpose. You may not, in the use of the Global Shipping Services, violate any laws in your jurisdiction or the laws of Canada or the Province of Ontario.
Shopify will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of your use of the Global Shipping Services and are charged to Shopify by any competent authority, you agree to reimburse Shopify fully in respect of the same within 7 days of our demand.
SHOPIFY PROVIDES ACCESS TO THE GLOBAL SHIPPING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE GLOBAL SHIPPING SERVICES. SHOPIFY DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SHOPIFY SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE GLOBAL SHIPPING SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OF ANY KIND (INCLUDING LOSS OR DAMAGE TO GOODS SHIPPED USING THE GLOBAL SHIPPING SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GLOBAL SHIPPING SERVICES. IN NO EVENT SHALL SHOPIFY'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE GLOBAL SHIPPING SERVICES FOR THE GOODS TO WHICH YOUR CLAIM RELATES.
You agree to indemnify and hold Shopify and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Global Shipping Services, including any fees applicable to your purchase of Labels, your breach of these Shipping Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Global Shipping Services.
Any use by you of the Global Shipping Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by Sendle.
You agree that you will pay the applicable fees for all purchases completed through the Global Shipping Services (the “Fees”). All Fees will be added to your next the Global Shipping Services invoice. You are responsible for any applicable Taxes (as defined in the Shopify Terms of Service) associated with the Fees.
Shopify will, from time to time, charge your credit card for the aggregate Fees you have incurred on the Global Shipping Services. If your credit card payment is declined or if we are otherwise not able to collect payment from you for the invoiced Fees, you will not be able to create new Labels, until such Fees are paid.
You authorize Shopify to charge your credit card currently used to pay for your Account for any Fees incurred in relation to the Global Shipping Services, in accordance with these Shipping Terms. You will be responsible for payment in the event your credit card is declined or we are otherwise unable to collect payment from you. An invoice will appear on the Account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
Any Fee refunds for unused Labels must be requested from within the associated order within thirty days after Label creation.
Labels may be audited by the applicable Carrier for weight, dimensions, mail class, package type and Zip or Postal Code. If an audit reveals that the Label you’ve purchased contains either insufficient or excess postage, additional Fees or credits may be applied to your Account. You will be able to review any adjustments on the Orders and Invoices pages of your Shopify administration console.
D. General Terms
Shopify reserves the right to modify, suspend or terminate the Global Shipping Services or your ability to use the Global Shipping Services at any time, for any reason, either with or without notice to you.
These Shipping Terms shall be governed by and interpreted in accordance with the laws of the laws of Ireland, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Shipping Terms, and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Shopify in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Shipping Terms and is hereby expressly excluded.
You acknowledge and agree that Shopify may amend these Shipping Terms at any time by posting the relevant amended and restated Shipping Terms at https://www.shopify.com/legal/terms-shipping-global, and such amendments to the Shipping Terms are effective as of the date of posting. Your continued use of the Global Shipping Services after the amended Shipping Terms are posted constitutes your agreement to, and acceptance of, the amended Shipping Terms. If you do not agree to any changes to the Shipping Terms, do not continue to use the Shipping Service.
The failure of Shopify to exercise or enforce any right or provision of these Shipping Terms shall not constitute a waiver of such right or provision.
If a court finds any portion of these Shipping Terms to be unenforceable or invalid, that portion of the Shipping Terms will be enforced to the fullest extent permitted by applicable law and the remainder of the Shipping Terms will remain valid and enforceable.
Questions about these Shipping Terms should be sent to email@example.com.
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Last updated on: April 20, 2020
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