The following terms and conditions govern all use of and access to our website (Shipwire.com) and the Services available at or through the website. The website and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published by us from time to time on the website.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SHIPWIRE.COM WEBSITE OR THE SERVICES. BY ACCESSING THE WEBSITE OR USING ANY PART OF THE WEBSITE OR ANY SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. SHIPWIRE’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SHIPWIRE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with prior notice of Substantial Change by posting notice on the “Policy Updates” page of our website. We last modified this Agreement on May 29, 2007.
This Agreement contains twelve sections. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions, and we have provided them in section 12. You will also find underlined words in this Agreement and on our website that hyperlink to relevant information.
1. Our Relationship With You
2. Eligibility
3. Sending Merchandise to Shipwire
4. Having Shipwire Ship on Your Behalf
5. Fees
6. Account Balances
7. Closing your Account
8. Restricted Activities
9. Your Liability - Actions We May Take
10. Errors and Unauthorized Transactions
11. Disputes with Shipwire
12. Definitions
1. Our Relationship With You.
1.1. Shipwire is only a Fulfillment Service Provider.
Shipwire helps you accept shipments from and make shipments to third parties. Shipwire is an independent contractor for all purposes, except that Shipwire acts as your agent only with respect to the custody of your merchandise. Shipwire is a shipping broker and not a shipping carrier. Shipwire does not have control of or liability for the carriage of any products. We do not guarantee the identity of any User or ensure that a recipient will accept the shipment.
1.1.1. If there is a conflict between these Terms and the Terms on any air waybill, bill of lading or other transit documentation set forth by the contracted carrier, the carrier’s Terms will control. If not stated within the carrier’s Terms, the Terms as stated herein shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the carrier and their agents and subcontracted carriers. We reserve the right, in our sole discretion, to refuse any incoming or outgoing shipment at any time.
1.2. Your Privacy.
Protecting your privacy is very important to Shipwire. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
1.3. Privacy of Others. If you receive Information about another Shipwire User through the Service, you must keep the Information confidential and only use it in connection with the Service. You may not disclose or distribute a Shipwire User’s Information to a third party or use the Information for marketing purposes unless you receive the User’s express consent to do so.
1.4. Intellectual Property.. As between the parties, all Intellectual Property belongs to Shipwire or its licensors. You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Intellectual Property, or otherwise attempt to discern the functioning or operation of the website or Service that is not for the purpose of using the website or Service to ship (and management the shipment of) your products (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarity, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Shipwire and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by Shipwire through our merchant services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to Shipwire.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to Shipwire or the Service, or display them in any manner that implies Shipwire’s sponsorship or endorsement. You shall not (and you shall not permit others to): (i) use any robot, spider, scraper or other automated means to access the website (or any of the services available through the website) for any purpose without Shipwire’s express written permission, (ii) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, or (iii) bypass any measures Shipwire may use to prevent or restrict access to the website and/or the services available through the website.
1.5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Shipwire’s prior written consent. Shipwire reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.6. Notices to You. You agree that Shipwire may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Shipwire as described in section 1.7 below. Shipwire will charge you a Records Request Fee (per section 8 ) to provide a paper copy. Shipwire reserves the right to close your Account if you withdraw your consent to receive electronic communications.
1.7. Notices to Shipwire. Except as otherwise stated below in section 12 (Errors and Unauthorized Transactions) and section 14 (Disputes with Shipwire), notice to Shipwire must be sent by postal mail to: Shipwire.com, Attention: Legal Department,
1.8. Shipping History. You can access your full shipping history and Balance at any time by logging into your Account and clicking on the “History” tab.
2. Eligibility.
2.1. Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the
2.2. Identity Authentication. You authorize Shipwire, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.
3. Sending Merchandise to Shipwire.
3.1. Receiving Requirements – Noncompliance Fees. Shipwire has strict receiving requirements. If these requirements are not met, you may incur additional fees. Qualified inventory is inventory that is received properly, meaning:
3.1.1. Each shipping label has a properly formatted shipping address, including RMA#.
3.1.2. There is one RMA # per tracking number.
3.1.3. All RMA numbers are less than 3 weeks (15 business days) old.
3.1.4. For each RMA #, the actual quantities match the reported quantities.
3.1.5. The dimensions and weight are correct.
3.1.6. If you sent 8 or more pallets to Shipwire on one RMA #, you properly scheduled a delivery window.
3.1.7. New inventory has clear SKU labels corresponding with SKUs in your account.
3.1.8. Inventory is received cleanly organized, boxed and/or stacked.
3.1.9. Shipwire is not liable for any duties, customs or fees related to the inventory.
3.1.10. Inventory that does not meet these criteria will be classified as Unqualified inventory. Unqualified inventory is subject to a fee of $35 per RMA number, plus $0.25 per associated item. If dimensions or weight are later discovered to be in error, the penalty will apply retroactively, as will a surcharge comparable to the underbilled shipping fees. Also additional fees may apply for labor needed to cleanup, label or otherwise reconcile your inventory. Finally, you agree that Shipwire may simply refuse or return any shipment it deems severely Unqualified, at your cost.
3.2. Monthly fees. Your monthly fee will begin, or will be adjusted accordingly, immediately upon completion of the Receiving wizard in your Account. The Receiving wizard is what provides the shipping address and RMA # needed to send us merchandise.
3.3. Inventory Must Be Free and Clear
3.3.1. Shipments must be free and clear of all duties and fees BEFORE arriving at Shipwire. You must be the ultimate consignee, and take responsibility for your merchandise clearing any customs, government or carrier inspections. If merchandise arrives at Shipwire, and customs, duties or fees are applicable to the shipment, these fees will be billed to your account, along with a US $500 penalty, and your merchandise held until all applicable fees are paid. If notice of fees is determined at a later date, all penalties and holds will be immediate and retroactive.
3.4. Packing and Marking Requirements. You must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments.
3.4.1. Shipments must be prepared or packed to insure safe carriage with ordinary care in handling.
3.4.2. Each piece must be legibly and durably labeled with the shipping address and RMA #.
3.4.3. Pieces with floor-bearing weight greater than 100 pounds per square foot must be provided with a skid or base that will reduce the floor-bearing weight to 100 pounds or less per square foot. The skid or base will be included in the gross weight of the piece and must be furnished by you.
3.5. Defective Product or Packaging.
3.5.1. Prior to sending a large quantity of merchandise to Shipwire, we strongly recommend you (i) check product and packaging for shippability, and (ii) send a small sample to Shipwire, and ship it back to yourself, to confirm shippability.
3.5.2. We reserve the right to refuse, dispose of and/or return at your cost any product we deem unfit, dangerous, requiring special attention, or otherwise interfering with our normal operations. You are also liable for any additional labor and materials needed to handle defective product or packaging.
3.5.3. If you provide pre-packaged product, we may determine your packaging to be insufficient for shipping, and an outside box required. At our discretion, we may offer an outside box and packaging solution for an additional fee, or we may return the product to you at your cost.
3.6. Limited Access to Inventory
3.6.1. Once product is received by Shipwire, it is unavailable for inspection, exchange or pickup. You must submit a standard order for shipping if you wish to move the product to another location. Sending a third party to pickup product, or coming to pickup product yourself, is not an option. Submitting a large order for shipping may require you to upgrade your plan accordingly. All plans have a limited set of shipping options available.
4. Having Shipwire Ship On Your Behalf.
4.1. Application of Rates and Charges
4.1.1. Basis. Rates and service quotations will be based upon the information provided by you, but final rates and service may vary based upon the shipment actually tendered. Charges will be assessed at the rates effective the day the shipment is accepted by us.
4.1.2. Chargeable Weight. The costs to transport goods are dependent upon carrier space and weight limitations. Thus, bulky shipments requiring considerable space are often charged a dimensional weight. Each shipment tendered to us is charged according to the actual weight or the dimensional weight, whichever is greater. Dimensional weight is computed by using a dim factor of 194 for domestic shipments and 166 for international shipments. Actual Weight is the weight determined by measuring the shipment on a certified floor platform scale. Dimensional Weight is calculated using the formula (length in inches) x (width in inches) x (height in inches), divided by the dim factor. Dimensional Weight is always rounded up to the next whole pound or kilogram, and calculated on the sum of the dimensions for all pieces contained in the shipment.
4.1.2.1. Example: 10” x 12” x 15” box, 50 pounds. Actual Weight = 50 lbs. Dimensional Weight = (10 x 12 x 15)/194 = 9.28 = 10 lbs. Dimensional Factor = 194. The actual weight exceeds the dimensional weight. Thus, the actual weight (50 lbs.) will be used as the chargeable weight for the shipment.
4.1.3. Additional Fees. Fees related to Customs and security, failed pickup or delivery, labor and waiting time, and reconsignment, may be assessed additional charges and may incur additional transit day(s).
4.1.4. Beyond Charges. A shipment that originates from, or is destined to, a rural location or a location distant from a commercial center may be assessed additional charges and may incur additional transit day(s).
4.1.5. Fuel Surcharges. Most carriers apply fuel surcharges, you are responsible for any applicable fuel surcharges.
4.1.6. Quotations. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by us to you are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon us unless we in writing specifically undertake the handling or carriage of the shipment at a specific rate.
4.2. Computation of Days. Unless otherwise provided, in computing time in days, business days will be used.
4.3. Conditions of Transportation. Except as otherwise provided for herein, we assume no obligation to commence or complete transportation of a shipment within any specific period. Shipwire will determine the routing of any shipment not routed by you, including the mode of transportation used, and may use air transportation, ground transportation, ocean transportation or any combination thereof in providing shipping services. Shipwire reserves the right to divert any shipment (including use of other carriers) in order to facilitate its delivery. The carriage charges for a shipment will be based on the corresponding rates scale, calculated using the origin to destination, plus the addition of all applicable additional charges.
4.4. Carrier. We reserve the right to use alternate carriers or services that provide comparable service levels, as determined by Shipwire. In these cases, pricing will remain as initially quoted. Shipwire reserves the right to modify service levels and carrier options at any time.
4.5. Undeliverable Shipments/Returns. Shipwire can only receive merchandise with a proper RMA # attached. Merchandise returned directly to Shipwire without a proper RMA #, including undeliverable shipments, will either be refused or discarded. It is your responsibility to submit deliverable orders, and to ensure returns are handled properly. To see details on how to handle returns, go to www.shipwire.com, and type returns into the search box in the top right corner of the page.
5. Fees.
5.1. Monthly Fees. Fees are listed on the Shipwire website, at www.shipwire.com.
5.2. Shipping Fees. Shipwire pays your shipping fees as they occur, as well as any fees for additional services you request. Each of these fees is debited from your Shipwire account balance on or about the day of activity. Fees are listed on the Shipwire website, at www.shipwire.com.
5.3. Additional Item Fees. There will be additional fees when the “total items shipped during a month” exceeds the “plan allowance.” The additional item fees are listed on the Shipwire website, at www.shipwire.com. These additional item fees are non-refundable, and cannot be applied to any plan upgrades.
6. Account Balances.
6.1. Balances. You must maintain a minimum balance as described at www.shipwire.com. The minimum balance is recalculated daily, based on your inventory the previous day.
6.2. Waiver of credit card dispute process. The use of a credit card often includes the ability to dispute payments made with that card pursuant to certain dispute resolution rules and procedures provided in the agreement you have with your credit card company. Additionally, Shipwire’s ability to receive payment of its fees and costs via credit card is pursuant to a form of merchant services agreement which contains its own rules and procedures for dispute resolution, including rules and procedures parallel to those associated with your credit card. By using the Shipwire service, you are agreeing to waive any and all rights you may have to utilize the dispute resolution rules and procedures provided with your credit card and those related to Shipwire’s merchant services agreement. Your submission further confirms that you will rely exclusively on the dispute resolution procedures provided in your terms of service with Shipwire.
6.3. Waiver of PayPal dispute process. The use of PayPal includes the ability to dispute payments made with PayPal pursuant to certain dispute resolution rules and procedures provided in the agreement you have with PayPal. Additionally, Shipwire’s ability to receive payment of its fees and costs via PayPal is pursuant to a form of merchant services agreement which contains its own rules and procedures for dispute resolution, including rules and procedures parallel to those associated with your PayPal account. By using the Shipwire service, you are agreeing to waive any and all rights you may have to utilize the dispute resolution rules and procedures provided by PayPal and those related to Shipwire’s merchant services agreement. Your submission further confirms that you will rely exclusively on the dispute resolution procedures provided in your terms of service with Shipwire.
7. Closing Your Account.
7.1. How to Close Your Account. You may close your Account at any time by Clicking the Contact Us link on the bottom of any Shipwire page, clicking the Payments & Billing option, and requesting the account be closed. Upon Account closure, we will cancel any pending transactions and you will forfeit any remaining Balance.
7.2. Limitations on Closing Your Account. All inventory must be depleted prior to requesting an Account be closed. If inventory remains in your Account, and you wish to close it, you must ship the inventory to yourself, or elsewhere, in the same manner as shipping inventory to your customers. You must submit a standard order, and use one of our standard shipping services only. You must have a sufficient plan for shipping the number of items. If you do not wish to modify your plan, and your current plan is insufficient for shipping all your inventory in the current month, you will need to spread the shipment over several months, and stay within the limits of your current plan.
7.2.1. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds and inventory for up to 180 Days to protect Shipwire or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7.3. Insufficient Funds. It is your responsibility to make sure there are sufficient funds in your account to cover any pending monthly or shipping fees. If you have a credit card on file, we will attempt to charge your card as needed. If at any time additional funds are required, and no valid credit card is available, your account will be placed on hold, and a $5 fee will be assessed. Shipwire will attempt to rebill your account 24 hours later. If funds remain unavailable, and a valid credit card remains unavailable, your account will be assessed another $5 fee. This process will repeat for 30 days, at which time the account will be reclassified as an Abandoned Account.
7.4. Abandoned Account and Liquidation. If your fees remain unpaid for a period of 30 days, your account will be reclassified as an Abandoned Account. All rights to ownership of funds and inventory are immediately forfeited by you. Inventory will become immediately and irrevocably unavailable, and liquidated proceedings will begin. You agree the inventory will be free and clear of liability, and that you will assume any liability therefore. You will have no rights to the liquidation proceeds.
8. Restricted Activities.
8.1. Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Shipwire, a User or a third party, you will not:
8.1.1. Breach this Agreement, the Carrier agreement, the Acceptable Use Policy or any other agreement that you have entered into with Shipwire (including a Policy);
8.1.2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
8.1.3. Infringe Shipwire’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
8.1.4. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
8.1.5. Provide false, inaccurate or misleading Information;
8.1.6. Send or receive what we reasonably believe to be potentially fraudulent funds;
8.1.7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
8.1.8. Attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from both Shipwire and the seller, carrier, or credit card company for the same shipment;
8.1.9. Use an anonymizing proxy;
8.1.10. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities. We may use evidence other than the Account Information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, PayPal user IDs, phone numbers, and mailing addresses;
8.1.11. Conduct your business or use the Services in a manner that results in or may result in complaints, Refused Shipments, Returns, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Shipwire, a User, a third party or you;
8.1.12. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
8.1.13. Use your Account or the Services in a manner that Shipwire, PayPal, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association or PayPal rules;
8.1.14. Allow your Account to have an Account Balance below the Minimum Balance;
8.1.15. Access the Services from a country that is not included on PayPal’s permitted countries list. Please visit www.paypal.com for more information.
8.1.16. Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
8.1.17. Send unsolicited mail or email to a User or use the Services to send, or assisting in sending, unsolicited mail or email to third parties;
8.1.18. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
8.1.19. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
8.1.20. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
8.1.21. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
8.1.22. Take any action that may cause us to lose any of the services from our internet service providers, shippers, or other suppliers;
8.1.23. Use the Service to test shipping behaviors.
9. Your Liability - Actions We May Take.
9.1. Your Liability. You are responsible for all fees, fines, penalties, claims, chargebacks and other liability incurred by Shipwire, a Shipwire User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Shipwire, a User, or a third party for any and all such liability.
9.2. Actions by Shipwire. If you engage in any Restricted Activities, we may take various actions to protect Shipwire, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
9.2.1. We may close, suspend, or limit your access to your Account or the Services (such as limiting your ability to send us merchandise , and your ability to have us ship merchandise, add funds, or remove financial Information);
9.2.2. We may contact buyers who have received goods that we shipped on your half, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
9.2.3. We may update inaccurate Information you provided us;
9.2.4. We may refuse to provide our Services to you in the future;
9.2.5. We may hold your funds and inventory for up to 180 Days if reasonably needed to protect against the risk of liability; and
9.2.6. We may take legal action against you.
9.2.7. Shipwire, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you.
9.3. Account Closure and Limited Access. There are 3 classes of account closure and limited access, which you accept as pre-conditions to using the Shipwire Service:
9.3.1. Held Accounts. Shipwire reserves the right to place an account on hold for a number reasons, including but not limited to the following:
9.3.1.1. Insufficient funds.
9.3.1.2. Suspicious activity.
9.3.1.3. A customer complaint about a merchant.
9.3.1.4. A held account is inaccessible to the merchant, and all activity is held.
9.3.2. Immediate termination. Shipwire reserves the right to immediately terminate an account for a number reasons, including but not limited to the following:
9.3.2.1. Ignoring a warning of misuse of the Shipwire system.
9.3.2.2. Threatening Shipwire staff.
9.3.2.3. Accusing Shipwire staff of crimes.
9.3.2.4. Demanding compensation for services outside of our control.
9.3.2.5. Demanding support inquiries be handled outside of our normal processes.
9.3.2.6. Refusing to follow recommended Shipwire procedures, such as obtaining proper insurance, or filing a claim.
9.3.2.7. Immediate termination is where we immediately close your account, and ship remaining inventory to the billing address on your credit card, at your expense. If no address is available, we immediately liquidate your inventory. See Abandoned Account and Liquidation for more information.
9.3.3. Termination with 30 days notice. Shipwire reserves the right to terminate an account with 30 days notice, with no cause or reason. Termination with 30 days notice is where we send you one email notifying you of termination in 30 days, without cause. You will receive a second notice 15 days prior. It is your responsibility to make sure Shipwire has a working email for you. You may have full or limited use of your account during this time, at our discretion, with the intention of allowing you to expire existing inventory without it being shipped back to you.
9.3.3.1. Any inventory that remains on the 30th day will be shipped to the billing address on your credit card, at your expense. If no address is available, we immediately liquidate your remaining inventory. See Abandoned Account and Liquidation for more information.
9.4. Minimum Balance and Service Levels. When managing risk for Accounts, we take various steps, such as establishing a minimum balance, changing the speed or method of receiving or shipping, and/or requiring you to deposit funds with us as security for your obligations to us or third parties. The following types of events may cause us to increase the minimum balance or decrease the service levels for a specific account, beyond what is standard and customary for other Shipwire Users:
9.4.1. You cease a substantial portion of or your business or adversely alter your business/operations;
9.4.2. There is a material adverse change in your business;
9.4.3. Your business becomes insolvent;
9.4.4. We receive a disproportionate number of customer complaints, Reversals, Chargebacks, Claims, fees, fines, penalties or other liability related to your Account; or
9.4.5. We reasonably believe that you will not be able to perform your obligations under this Agreement, or any other agreement you have entered into with Shipwire.
9.4.6. We may immediately increase the minimum balance, and modify the receiving or shipping service levels, if we reasonably believe that it is warranted under this section. We will provide you with notice specifying these changes. You may close your Account if you object to the changes. We may increase or decrease the amount of the Minimum Balance, provided that in our reasonable judgment the amount of the Minimum Balance is related to the risk for which it was created. If your Account is closed for any reason, we have the right to hold the Minimum Balance for up to 180 Days.
9.5. Acceptable Use Policy Violation - User Fines. If you violate the Acceptable Use Policy as set forth below in clauses (a), (b), or (c) below, then we may fine you $500.00 USD for each such violation and may take legal action against you to recover additional losses we incur. You acknowledge and agree that $500.00 USD is presently a reasonable minimum estimate of Shipwire’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Shipwire that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Shipwire may deduct such fines directly from any existing Balance in the offending Account, or any other Shipwire Account you control. The specific activities that may subject you to fines by Shipwire are:
9.5.1. Using the Service to receive or ship merchandise for any sexually oriented or obscene materials or services in violation of the Mature Audiences element of the Acceptable Use Policy;
9.5.2. Using the Service to receive or ship merchandise for any narcotics, other controlled substances, steroids or prescription drugs in violation of the Prescription Drugs and Illegal Drugs and Drug Paraphernalia elements of the Acceptable Use Policy; or
9.5.3. Using the Service to receive or ship merchandise for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity.
9.6. Attorneys’ Fees for Acceptable Use Policy Litigation/Arbitration. If either you or Shipwire commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.
10. Errors and Unauthorized Transactions.
10.1. Identifying Errors and/or Unauthorized Transactions. You can inspect your transaction history at any time by logging in to your Account on the Shipwire website and clicking the “History” tab. It is very important that you immediately notify Shipwire if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction from your Account; (ii) there has been an unauthorized access to your Account; (iii) your password has been compromised (collectively called “Improper Account Access”).
10.2. Notifying Shipwire of Errors and/or Unauthorized Transactions. To notify us if you believe there has been or will be an error or unauthorized transaction on your Account, contact us by going to www.shipwire.com, clicking the Contact Us link on the bottom of the page, and selecting the Other option.
10.3. Review of Reports of Errors and/or Unauthorized Transactions. We will advise you of the results of our investigation within 10 Business Days after we receive your notice (or 20 Business Days for transactions done at a point of sale terminal or outside the
10.3.1. At the end of our investigation, we will advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error.
10.4. Liability for Unauthorized Transactions. If you report and we verify that there has been an Improper Account Access related to your Account, we will reimburse you in full for all unauthorized transactions sent from your Account that occur within 5 Days of the time that you knew or should have known about the Improper Account Access. If you do not report the Improper Account Access to Shipwire within 5 Days of the time that you knew or should have known about it, we will still reimburse you in full for all unauthorized transactions that took place within or before that 5-Day period, but you may be liable for all unauthorized transactions resulting from the Improper Account Access that occur on Day 6 and beyond (if we can demonstrate that we could have avoided any losses if you had notified us in a timely manner).
10.5. Errors. If we discover a processing error, we will rectify the error. If the error resulted in your Account Balance displaying less money than you were entitled to, Shipwire will credit your Account for the difference. If the error results in your Account Balance displaying more money than you were entitled to, Shipwire may debit the extra funds from your Shipwire Account. If the error resulted in our not completing a shipment with the proper quantity, we will reship the additional items at no charge, unless:
10.5.1. through no fault of ours, you did not have enough available funds to complete the transaction,
10.5.2. our system was not working properly and you knew about the breakdown when you submitted the order, or
10.5.3. circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
11. Disputes with Shipwire.
11.1. Waiver of Liability/Hold Harmless. WE ARE A BROKER, AND NOT THE CARRIER OF YOUR SHIPMENT, AND AS SUCH WILL NOT BE LIABLE. To use the Shipwire Service, you must agree to waive all liability AND HOLD Shipwire HARMLESS for all loss, damage, theft and late shipments. Shipwire’s service levels are described on www.shipwire.com, and are non-negotiable.
11.2. Insurance is Available. Insurance is available, and strongly recommended. Inbound shipping insurance, off-site inventory insurance, and outbound shipping insurance are available. To see details, go to www.shipwire.com, and type insurance into the search box in the top right corner of the page.
11.3. Resolving Receiving Problems. Receiving problems must be resolved through inbound shipping insurance. If there is a discrepancy between what is expected, and what is actually received, you agree that filing a claim with your inbound shipping insurance provider is your only recourse, and that Shipwire has no liability therefore. A discrepancy may be in quantity, condition of merchandise, or otherwise. Shipwire does not offer inbound shipping services. Third parties that handle inbound shipping are independent of Shipwire. Shipwire is in no way liable for inbound shipping.
11.4. Resolving Inventory Problems. Inventory problems must be resolved through off-site inventory insurance. If you dispute the inventory as described in your account, you agree that filing a claim with your off-site inventory provider is your only recourse, and that Shipwire has no liability therefore. Shipwire is only a broker of inventory services. Third parties that handle inventory services are independent of Shipwire. Shipwire is in no way liable for inventory services.