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Terms of use

When registering on BayShop website, the physical persons, who are legally capable and have reached the legal age (hereinafter referred to as “Client” or “Party”), conclude the Agreement with BayShop website, who is the UK resident (hereinafter referred to as “Executor” or “Party”) on the following conditions. The present Agreement is the official public document, that regulates the relations, rights and duties of the Executor and the Client of the BayShop website. The conditions are obligatory for all the users of this website.

I. THE SUBJECT OF THE AGREEMENT
The subject of the Agreement about the services, provided by BayShop.

a. In order to comply with the terms of this Agreement, the Executor must do the following at the request of the Сlient for a certain reward (hereinafter referred to as “Services”) on his own behalf:

  • The purchase of products, appliances and items (hereinafter referred to as “Products”), according to this agreement conditions, intended for the personal use of the individuals in the online-shops and Internet auctions of the USA and Germany (hereinafter referred to as “Seller”)
  • The reception, processing, storage of the products, bought on the behalf of the Client or independently purchased by the Client
  • The delivery of products by postal or courier service on the behalf of the Client

b. When ordering the services, the Client confirms his full agreement by that and provides the Executor with the right to receive, process, store and transmit his personal data.

c. The Executor retains the reward from the Client for his services, according to the tariffs, listed on BayShop website in the Services section.

d. When ordering the services, the Client accepts, that the Executor has right to engage third parties in order to fulfill his obligations under this Agreement. The parties accept, that the services on the behalf and by order of the Executor can be provided by the following third parties, registered in the prescribed manner on the territory of these countries:
  • UPL GLOBAL LLC company, USA
  • RMBAY LTD company, UK
  • RMBAY GMBH company, Germany

e. The Client confirms, that he has read this Agreement and accepts its conditions, by transferring money to the Executor from his account on BayShop website and/or by transmitting assignment to the Executor, when pressing “Add the product” in “My account” section on BayShop website.

f. The executor reserves the right to unilaterally change this Agreement, the tariffs and conditions of services. The Client must regularly follow the changes of this document here.
II. RIGHTS AND DUTIES OF THE PARTIES
The Executor’s rights and duties
  • The Executor must provide the Client with BayShop Services. The Executor must fulfill the Client’s requirements, related to the Services, if these requirements are not in conflict with the terms of this Agreement, the information, posted on this website, and the legislation of the US, the UK or Germany.
  • The Executor must maintain the confidentiality of the Client’s personal information and mustn’t disclose them to third parties, if it isn’t required in order to fulfill the conditions of the Agreement.
  • The Executor reserves the right to cancel the Client’s purchase of any product without explaining the reasons.
  • If the Client uses foul language and insults the Executor, the Executor reserves the right to deny to provide Services to the Client.
  • The Executor must provide the Client with the information about this Agreement fulfillment.
The Client’s rights and duties
  • The Client must provide the reliable information, necessary for the Executor’s services, on time and in full. If there are doubts in the Client’s information accuracy or the lack of it, the Executor reserves the right to suspend the provision of Services.
  • The Client must pay for the ordered products on time and in full, including the price of the delivery to the Executor’s warehouse, also the taxes, customs duties and other charges, appearing during the Executor’s Services provision.
  • When paying for the Executor’s services, the Client must pay for the commission to the Executor and for the delivery to the Client. If there is lack of money, the Executor has right to suspend the provision of Services or to stop to provide this Client with services.
  • The Client must store all the documents, that confirm payment for the Executor’s services, until money is credited to the Client’s personal account.
  • The Client mustn’t use the ordered Product for business purposes. The product use purposes are determined, according to the destination country legislation.
  • The Client takes the responsibility to follow the product arrival to the Executor’s warehouse independently and his further product shipping.
  • The client agrees to be responsible for the purchased product conformity to the postal service delivery terms and the customs legislation of the country, including but not limited to the size, weight and content of the Product, the size and weight of the package, needed for shipping/ transportation of goods to the Client by the postal service (the courier).
  • The Client undertakes to be responsible for the providing in a timely manner the exact information about the products, purchased independently, including the following:
    • the links to the products, purchased in the online shop and/or the Internet auction
    • the copies of documents, which confirm the identity of the payer, the payment and the product price
    • the full and exact Product name (including this name in Russian)
  • The Client’s liability limits for providing false information about the Product are listed in “Shipping” section on BayShop website.
  • If the Executor purchases the product on the Client’s request on its own initiative, without consent from the Client, at the price lower than established on the seller’s trading website for the indicated Product, this difference in product cost is counted towards the Executor and isn’t returned to the Client, except the following cases: if the Product was purchased on the Client’s request on the auction at price lower than Client’s rate, or if the Executor uses promo codes and other discounts referred to previously by the Client when requesting the product purchase.
  • The Client must not interfere in the Executor’s product purchase, meaning communication with the seller, direct order cancellation, etc
III. THE ORDER AND PROCESS OF PROVIDING BAYSHOP SERVICES
1. The Client’s account replenishment. Money transfer.

a. The methods of the Client’s account replenishment are listed in Payment section.

b. If the product’s actual price differs from the price, which is mentioned by the Client in his order, the Executor will inform the Client about it as soon as possible. It will give the opportunity to confirm or cancel the order of this product (except for the cases described in Chapter III, Section 2, line a. of this Agreement). If it’s impossible to contact the Client, the order of this Product is canceled.

c. When paying for the Executor’s services, the Client must simultaneously pay for the commissions of the intermediary banks and/or the payment systems, appearing during the Services provision by the Executor.

d. If the shipping of the Products by the seller’s country is free at a certain delivery price, and if one or more Products are deleted from this paid group of products later (for example, if it’s out of stock), and the initial amount will be below the threshold value, then the Products shipping will be paid.
2. The order placement by the Client

a. Adding the Product to the virtual cart, the Client must enter the full product price and the price of shipping to the Executor’s warehouse on the territory of the USA, the UK or Germany, and the amount of the sales tax and other taxes, that operate in the country of purchase. If the Client hasn’t entered this data or has specified the fake data, the Executor reserves the right to take money from the Client’s account unilaterally to cover the expenses, appeared when buying the product, in the amount of not more than 20% of the product price (every product in a group). The amount taken isn’t more than $20. If there is lack of money on the account to pay for the product, the product can be bought with debt on the account, which must be paid for during 12 days. If the Client doesn’t pay for the debt during 12 days, the Executor returns the Product to the Seller. The commission for the Executor’s services will be withheld from the Client, also the price of the delivery to the Executor’s warehouse and from the warehouse to the Seller.

b. To participate in eBay auction (http://www.ebay.com/, http://www.ebay.co.uk/, http://www.ebay.de/), the Client is provided with the program of the automatical Product purchase by the Executor, but the purchase isn’t guaranteed.

c. When mentioning the sizes (for example, of clothes or shoes), you should mention the standard american sizes or add UK, EU, Ital and so on near the size. Otherwise, the Executor considers this size to be American and will buy the product of the American size.

d. Participating in the auction via “My account”, the Client must replenish his account with the needed sum preliminary. The further rates raising is impossible, if there is lack of money on the Client’s account.

e. It’s possible to purchase product on eBay auction from the sellers with rating of 5 or higher. The additional checking is carried out before the purchase from the sellers with rating of less than 15. In order to provide qualitative services, the Executor has right to refuse to purchase goods from any Seller, that hasn’t passed the checking and has aroused suspicion.

f. The Executor must pay the Seller for the products on condition, that this Seller delivers goods on the territory of the United States, the UK or Germany.

g. When the ordered Products by the Client are out of the Seller’s stock, the Executor has right to cancel and delete this Product from the order. We will send the notification letter to the address, mentioned by the Client when registering, or the message via the Internal mail on this website.

h. If the Client decides to cancel the paid Product - including the products, purchased with debt - the price of the product delivery back to the Seller will be taken from the Client’s account. The commission isn’t returned. If the Client cancels to receive the product after the discussion with the Seller, the Executor will return the commission of 50%, if the product checking at the warehouse was ordered preliminary.  If the product checking at the warehouse wasn’t preliminary ordered, the commission won’t be returned.  It’s impossible to refuse from the product purchase, if it was bought on eBay auction and the Seller hasn’t specified the return terms and procedure in the item description. The return is possible, if the return procedure is mentioned.

i. Due to the fact, that the Client chooses the Seller, the Executor isn’t responsible for the Seller’s actions.  If the Seller doesn’t send the product, the Executor will do all possible to return the money, paid by the Client. However, the Executor can’t guarantee their return and doesn’t compensate the Client’s financial losses.
3. Reception, storage and actions with Products at the warehouse

a. The Executor must accept the Client’s Products, sent by the Seller with the help of the postal service, at his warehouse.The Product, purchased by the Client via the Executor’s services, can store for free at the warehouse for 30 calendar days. The period of free storage of the products, purchased by Client independently, is 45 calendar days. The Client’s packed parcel can store for free during 7 calendar days. The product arrival to the Executor’s warehouse is considered the beginning of the free storage period. The commission is taken, if the Client’s Products and/or parcels are stored at the warehouse longer than the free storage period. If the Product remains unclaimed during 4 months, since it arrived to the warehouse, the Executor reserves the right to dispose of this product. We don’t compensate money for these products and/or parcels, including, but not limited to the product price and the Executor’s commission.

b. The Executor has right to take money from the Client’s account (including the debt formation situations), if the Client pays for the additional services (fees, duties, taxes, etc.), when the Client’s products, purchased independently, arrive to the warehouse. Client must cover all the expenses, paid by the Executor. The postal services notify the Executor preliminary about the necessity of the additional payments for the Client’s independent purchases; having received the notification, the Executor will inform the Client about that. If the Client refuses to pay for the specified expenses, the Executor will refuse to receive the product and/or the parcel at his warehouse.

c. The Executor will pack the received products, according to the criteria, listed by the Client in “Parcels” section in his BayShop Account. If the parcel can’t be delivered via the shipping method, chosen by the Client (due to the unsuitable size and weight), the Executor will have to change the delivery method automatically, without preliminary consultation with Client.

d. As the Executor is responsible for the outgoing parcels, he has right to open any parcel, arrived to the warehouse, to exclude the presence of the prohibited, dangerous and counterfeit products in it. If the product is considered prohibited to shipping and not complying with import-export rules, the Executor has right to refuse to deliver this Product. If the Product, prohibited for shipping, arrived to the Executor’s warehouse, the return or the utilization of this Product is carried out at the expense of the Client.

e. The Client must confirm the identity and the purchase legality to use Mail Forwarding. To do that, provide the Executor with the copies of the Client’s identity documents. The aforementioned service is prohibited to be used for other purposes, than the parcels receiving (for example, the products order by instalments or by cash on delivery, eBay account registration, bank accounts and credit cards opening, or for other purposes). The parcels delivery by means of Mail Forwarding is possible only for the addressee, whose name coincides with the name of the owner of the credit card, from which the Products from this parcel were paid. If the Executor has documents, proving that the product was purchased, using the credit card of another person, this product is left at the warehouse and the Client’s user account is blocked.

f. The additional services for the product or the parcel, that aren’t listed in Services section, are possible by the Client's request on an individual basis. Their price is calculated hourly and according to the tariffs, mentioned in Services section. If the Client need the additional packaging or other materials, the Client pays for the materials separately from the individual services.

g. The maximum period that your parcels can stay at the warehouse in Russia is 180 calendar days (6 months). In case that you don't receive parcel in fixed time, it will be recycled.

4. The products/parcels delivery procedure of BayShop
a. The products delivery methods and the respective tariffs of BayShop service are listed in “Shipping” and Services sections of BayShop website. The international goods delivery is carried out by the following services:
  • our services BayShop Air post, BayShop Air Freight
  • DHL Express
  • USPS Priority Mail, USPS Express Mail

b. The Executor must send the Client’s packaged parcel by the means of the courier service, chosen by the Client in Parcels section.

c. The delivery is paid separately from the Products. The final delivery price is specified after the product is packed and weighed. After the parcel is packed, the Executor doesn’t open the parcel and doesn’t change the products. If the Client’s account lacks money, the parcel sending to the postal service will be delayed till the moment, when the Client is able to pay for it.

d. Since the Client’s products are transmitted to the postal service, the Executor’s Services are considered completely provided.

e. The Client can fill in the postal declaration/invoice, attached to the parcel, independently.

f. The shipping terms, specified on BayShop website, are approximate. The Executor isn’t responsible for the actions of the State postal and courier services and transport companies, and can’t influence the delivery speed.

g. If the parcel delay occurs, the Executor submits the application on the Client’s parcel search via the postal service of the Seller’s country. In the case of circumstances stipulated in the insurance contract (for example, the damage, loss or lack of products), the Executor lodges the complaint to the appropriate institution to compensate the insurance amount. After the Executor receives the compensation, he will transfer it to the Client’s account.
5. Product return procedure

a. If the purchase was performed by the Client’s request, the Client has right to return the Product to the Seller, but the products return is carried out only if the Seller specified this service procedure.

b. The Executor’s decision about the possibility of the Product return is based only on the Seller’s decision. If the Executor finds damage and the declared name mismatch, or the product lack without the preliminary ordered checking service, then the return will be possible only if the Client pays for the discussion with Seller.

c. If the Client wants to return the Product to the Seller, the Client must pay for the Product delivery from the Client to the Executor and from the Executor to the Seller, and then back.

d. If the Seller decides to refuse the Client to return the Product, the Executor doesn’t compensate this Product price.

e. The Product return procedure is carried out according to the Seller’s conditions, including, but not limited to the procedure, terms and compensation amount.

f. If the Product return is possible, the Client must consider the delivery terms from the Client to the Executor, the terms of the Product processing at the warehouse (up to 5 working days) and the delivery terms from the Executor to the Seller.

g. After the Seller returns the full product price to the Executor, the money will be returned to the Client.

h. When sending the changed product, the Client must pay fully for the order processing by the Executor, according to tariffs, established on BayShop website.

i. Not depending on the Seller’s decision about the possibility or the impossibility of the Product return, the commission for the Executor’s services isn’t returned.
IV. LIABILITY LIMITATION OF THE PARTIES

a. Parties are not liable for the full or partial failure to fulfill obligations under this Agreement, if this failure was the result of the force majeure circumstances, that appeared after entering into this Agreement. The parties are not liable for the partial or full failure to fulfill obligations under this Agreement in the result of the force majeure circumstances, meaning the events of extraordinary nature, that are impossible to be predicted and prevented by the reasonable measures. The force majeure circumstances and events are fire, flood, earthquake, explosion, storm, epidemic and other natural phenomena and military actions.

b. The Executor isn’t responsible for the services actions (for banks, postal services, Internet providers, payment systems, etc.), that don’t belong to the Executor, whose associated services are used in the process of the Executor’s services provision to the Client.

c. The Executor isn’t responsible for the expenses, covered by the Client, or for the direct/indirect damage, that can be caused in the process of the Executor’s services provision. The Executor isn’t responsible for the damage, that is the result of the services or the impossibility of rendering them, because of the mistakes, gaps, omissions, defects, interruptions, deleted files, changes in functions and delays in data transmission, etc.

d. The Executor isn’t responsible for the terms of the responses from the Sellers. The Executor reserves the right to contact the Seller 14 days after the Product was purchased.

e. The Executor isn’t responsible for the terms of the product delivery from the Seller to the Executor.

f. If the Seller is mistaken, the Executor isn’t responsible for the product mismatch. The Executor doesn’t check the product, received from the Seller, on the conformity to the declared characteristics. The Product checking at the warehouse is the additional paid service.

g. The Executor isn’t responsible for the quality and the components of the Products, received at the warehouse. The Executor doesn’t provide the guarantee for the Products, purchased by the Client with the help of the Executor’s Services.

h. The Client chooses the Seller independently on the online-auction eBay, so the Executor isn’t responsible for the Seller’s actions: when he sent the product with delay; hasn’t sent the product; sent the product, that doesn’t match the description; sent the damaged product (that was declared as a working one); hasn’t sent the product (the Internet fraud).

i. The Client mustn’t make the Executor the defendant and respondent for any circumstances and expenses, related to the damage, caused by the third parties’ actions, including, but not limited to the Seller, postal and courier services and payment systems.

j. The Executor will compensate the Client’s losses at his request, only if the losses were the result of the Executor’s mistakes. The compensation cannot exceed the Executor’s commission.

k. If the Client of the Executor’s representatives (at the request of the Client) fill in the invoice, designed in personal account, the Client is responsible for the information accuracy and completeness, listed in the declaration and invoice.
V. CUSTOMS CLEARANCE OF GOODS
According to this Agreement conditions, the Client agrees with the conclusion of the agreement of the customs representation with any customs representative, which was involved on behalf of the Executor or at his request.

The customs representation agreement for customs declaration of goods is considered concluded with the Client from the moment, mentioned in point e. of the section I of this Agreement. The Executor isn’t responsible for the customs duties collection, when delivering the Products, accordingly, he doesn’t compensate the customs duties.

VI. DISPUTE SETTLEMENT
The settlement of the disputes, related to the implementation of the conditions of this Agreement by the Parties, is possible through discussion. If it’s impossible to settle the dispute through peaceful negotiations, the disputes will be resolved in the court. If the Executor is the respondent, the dispute shall be settled in the court of the Russia and regulated by the legislation of the Russia. If the Client is the respondent, the dispute shall be settled in the court, according to the Client’s location, and regulated by this country legislation.
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