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As used in these Terms of Sale “Global-e”,
“we”, "our" or "us" means
These Terms define your legal relationship
regarding the checkout, the placement of Orders for purchase of Product and the
purchase thereof. By placing your order to purchase one or more Products (each,
an “Order”) through the checkout,
you confirm that you have read and understood these Terms of Sale and our
Privacy Policy (which is available on the
checkout) (together, “Terms”) in their entirety and you agree to be bound by them. If you
do not agree to these Terms, please do not complete your order through the
checkout.
Orders placed via
the checkout are solely reserved for purchases made exclusively by individuals
for their own personal use (“Consumers”).
By placing an Order, you represent and warrant
that the Order and the purchase of Products is strictly and solely for own
personal use, and not for commercial activities.
By placing an Order, you confirm you are
legally capable (in terms of age and mental capability) of entering
into binding contracts per local legal requirements in the place where
you reside.
Please print or save these Terms for future
use as there is no warranty that they will remain accessible in future.
These Terms are entered into force in the
English language and governed by it. You agree that any translation, if
provided, is available for your convenience only.
Orders are placed through the checkout by
clicking on the “PAY NOW” button (or similar button). The characteristics of the
Products you buy, as well as the price, Delivery Costs
and Import Charges (if available for pre-payment), shall be those displayed to
you on the checkout at the time of placing the Order. Please make sure you
review your Order carefully, identify and correct any input errors prior to
placing such Order.
There could be minor differences between the
Products you eventually receive and their visual display on the Store or
checkout (e.g. in relation to appearance / color /
texture / finish). Please read the descriptions and details of the Products
before placing the Order.
The information contained in these Terms, and
the data contained on the Store and checkout, do not constitute an offer to
sell, but rather an invitation to contract. Once you have placed an Order, it
will be acknowledged via an email which will contain the relevant details of
the Order. Please note, that e-mail does not constitute an acceptance of your
Order to sell the Products – it is only an acknowledgement of the Order. Your
Order is not accepted (and therefore no commitment to sell or provide you with
the Products is made), and no contract for the sale of such Products will come into
effect, until you receive an email explicitly stating that the Order has been
accepted and confirmed ("Order
Confirmation").
In certain circumstances your Order may be
declined or cancelled (in full or in part), for example if the payment
information you provided cannot be verified or if a Product is unavailable, in
such event you will be refunded accordingly in accordance with these Terms (if
the payment was processed successfully).
Order Confirmation is subject to fraud checks
and other mandated regulatory checks (such as ‘Denied Parties Screening’), and
certain Orders may be declined for those reasons. We also reserve the right to
reject or cancel abnormal orders or any orders which are suspected to be placed
in bad faith or orders which were not placed by Consumers (at our sole
discretion). You may also be required to provide additional verifications and
information before, and as a condition to, the acceptance of any Order (mainly
if there is suspicion that the identity, address, email address and/or payment
information were used fraudulently or in an unauthorized manner).
An Order may
be cancelled (in full or in part) even after the Order Confirmation was sent,
in case of actual or suspicious circumstances (related us, you or any third
party) of a good faith, genuine or honest error, mistake or misunderstanding
(an “Error”) where without such
Error the Order would not have been accepted or sent and a contract to sell the
Product(s) underlying the Order would not have been agreed to. An example could
be a speciously low price for an item otherwise costing significantly more. In
the event of such Error, your Order will be cancelled, and you will be refunded
the amounts you actually paid. We will be under no obligation to honor an Order
in such erroneous circumstances.
Quantity limits (per order, per address or
otherwise) may apply in relation to certain Product, and exceeding Order could
be refused at any time, without notice.
We are not required to provide a reason for
declining to accept any Order, though we may do so in our sole discretion.
If the payment method you selected for the
Order supports pre-authorization mechanism (e.g. most
credit/debit cards), then when you place the Order, the applicable amount will
only be authorized, and you will be charged only after the Order Confirmation
was triggered. Even if the Order is a ‘pre-order’ or a similar type of order
that will be fulfilled under certain time conditions, the charge could be made
prior to dispatch of Products, depending on the particulars of the pre-ordered
Product. You are required to check the particulars of the pre-ordered items on
the Store prior to placing your order.
If the payment method you selected does not
support pre-authorization mechanism, the charge will be immediate upon placing
the Order (noting however that specific payment methods may support a different
timing and we may not know or be in control over such timing, if applicable).
Please note that you will be charged the full Order amount even if the Order
will be dispatched in parts.
When using PayPal/PayPal Express as a payment
method (if available), the full amount of your purchase may be charged
immediately following the placement of the Order. Pre-Payment shall not affect
your legal rights under these Terms (including for example any right to
refund). If shipping, delivery or fulfillment
obligations cannot be performed (subject to these Terms), you will be notified
(notably via email) and a refund of the pre-payment will be made without
delay.
You purchase the Products in your local
currency. The checkout displays the price of the Product, any applicable sales
taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax),
international delivery costs and fees (“Delivery
Costs"), and, if available for pre-payment, import duties, tariffs and
similar costs and fees that may be imposed by the delivery destination ("Import Charges").
In certain cases, the Product price may be
inclusive of Delivery Costs and/or Import Charges (in full or in part) in the
Product price. The Store or checkout will provide details about such offers, and will indicate if the price is inclusive of
Import Charges before you complete and place the Order. such offers may change
from time to time, and without any notice.
The price of Products may change as a result of exchange rate fluctuations regularly. The
price of Products in your Order will be the price at the time you actually placed such Order, as displayed to you on the
checkout.
You may be
offered to pre-pay Import Charges on checkout. Not all Products and not all
destinations support pre-pay of Import Charges, and we cannot guarantee that
your Order will be eligible for such pre-payment.
Global-e may contract with customs brokers or a fiscal representatives to act
on its or your behalf for the purposes of clearing the Order into the market.
Your agreement to these Terms constitutes a consent and authorization for such
customs broker or fiscal representative to act as your agent on your behalf to:
(a) conduct transactions with the applicable authorities, (b) complete, submit
and execute related documents on your behalf in connection with the import and
clearance of Products, (c) facilitate payment of Import Charges; and (d) if applicable,
return such Products (subject to these Terms).
IF IMPORT CHARGES WERE NOT PAID WHEN YOU
PLACED YOUR ORDER, EITHER BECAUSE YOU SO ELECTED OR BECAUSE PRE-PAYMENT IS NOT
AVAILABLE IN THE DELIVERY DESTINATION (OR ANY OTHER REASON): (A) YOU ARE
ADVISED THAT THE AMOUNT OF IMPORT CHARGES DISPLAYED UNDER THE PRE-PAY OPTION ON
THE CHECKOUT IS ONLY AN ESTIMATE AND MAY NOT REFLECT THE AMOUNT OF IMPORT
CHARGES ACTUALLY CHARGED TO YOU BY THE BROKER, CARRIER OR THE RELEVANT
AUTHORITY, WHICH SUCH AMOUNT MIGHT BE HIGHER THAN THE ESTIMATE; AND (B) YOU
WILL BE FULLY RESPONSIBLE FOR PAYING ALL APPLICABLE IMPORT CHARGES DIRECTLY TO
THE RELEVANT AUTHORITY AS DETERMINED AND ASSESSED BY SUCH AUTHORITIES. GLOBAL-E
WILL HAVE NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE FOREGOING.
MOREOVER, IF YOU FAIL TO PAY IMPORT CHARGES WITHOUT REASONABLE REASON, CAUSING
THE LIABILITY TO FALL ON US, THE CARRIER OR ANY THIRD PARTY (INCLUDING THE
STORE OWNER OR OPERATOR), THE AMOUNT OF SUCH IMPORT CHARGES MAY BE DEDUCTED
FROM ANY REFUND OR OTHER AMOUNTS YOU MAY CLAIM.
YOU (AND NOT
GLOBAL-E OR ANYONE ON ITS BEHALF) WILL BE FULLY RESPONSIBLE FOR CLAIMING BACK
ANY IMPORT CHARGES FROM THE APPLICABLE AUTHORITY, NO MATTER WHAT THE PROCESS OF
PAYMENT WAS THEREOF, TO THE EXTENT POSSIBLE, IN CASES OF A RETURNS OR ANY OTHER
ELIGIBLE CIRCUMSTANCES. GLOBAL-E WILL HAVE NO RESPONSIBILITY OR LIABILITY IN
CONNECTION WITH SUCH DRAWBACK CLAIM. If you elected not to pre-pay Import
Charges, or failed to pay Import Charges, or
refused to accept Product not in accordance with a due cancellation procedure
under these Terms, in each case resulting with the Product being returned or
need to be returned, then, in addition to the above, you may be liable for the
return Delivery Costs and may not be reimbursed or refunded for Delivery Costs
paid by you for making the delivery to you. You may also be charged with
additional direct or indirect charges resulting from said failure or refusal.
The title to
the Product ordered is transferred to you prior to import (in most cases,
already in the dispatch country before export, where the contract for purchase
of Products is concluded), provided we are satisfied that a full payment of the
Order amount was made or can be made.
Risk of damage or loss is transferred to you
upon delivery to the delivery address specified in the Order (in case you have
selected not to pre-pay Import Charges, such location will be deemed to be the
port of entrance to the import destination).
YOU WILL BE CONSIDERED AS THE ‘IMPORTER
OF RECORD’ OF THE PRODUCT, AND WE (OR SOMEONE ON OUR BEHALF) WILL
ONLY BE FACILITATING THE IMPORTATION ON YOUR BEHALF, AS YOUR AGENT. YOU ARE
RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE
DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS,
REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT
THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT
DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT
STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED
IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE
CORRECT STANDARDS FOR YOUR DESTINATION.
Please note
that documentation such as packaging, user manuals, product care labels,
handling instructions or safety warnings may not be in your language; you may
not have available manufacturer’s or other service options for the Product or
parts thereof; the Product (and accompanying materials) may not be designed in
accordance with the standards, product regulations, specifications of the
destination to which you import or labelled in accordance with the requirements
applicable in your destination, or in yours or the destination’s language; if
the Product is powered, it may not conform to the destination power parameters
such as voltage or other electrical standards (for example you may need to use
an adapter to charge your Product).
The delivery
and fulfilment of your Order could be carried out by various service providers,
which will be selected and operated by us or by the Store Owner (a "Fulfillment
Provider").
Some Products
may not be delivered to certain locations or destinations (due to limitations
imposed on the Product itself or by the destination). You will be informed of
such limitation, either on the Store or checkout, and the checkout should not
permit you to submit your Order if the Product cannot be delivered to your
specified address. However, we reserve the right, at any time, to suspend or
cancel the delivery of any Product that cannot be legally delivered as such.
Unless otherwise stated, and subject to
applicable laws, delivery dates given on checkout (or on the Store) are
estimates only. The Order will be delivered by the delivery time set out on
checkout (based on the delivery method you selected, if such selection was
available for your Order) or, if no delivery time is specified, within 30 days
following the Order Confirmation date, unless exceptional circumstances exist
(pre-order for example). Delivery timeframes are affected by your delivery
address and the delivery method selected. Global-e is unable to specify an exact
delivery date and time.
Global-e has
no liability for any loss arising from delay in delivery to the extent such
delay is due to circumstances beyond its reasonable control or where Global-e
could not have taken reasonable steps to deal with the delay. For example,
delays resulting from customs clearance procedures, lockdowns or other actions
of the authorities are outside Global-e’s control, as well as any delay
resulting directly from your actions or omissions.
If you
receive notification of an attempted delivery, it is your responsibility to use
the details provided to contact the delivery company for re-delivery. Efforts
will be made to deliver your Product according to the details in the Order.
When being charged, the transaction
You acknowledge and agree that: (i) Global-e will process your Order for payment and you
will be charged by one of its third party payment processors ("Payment Processor") using the
payment method you have selected on checkout and such charge will be for all
amounts payable under these Terms that may be due in connection with the Order
as specified on checkout; (ii) you will provide valid and current information
about yourself; (iii) Global-e may use the tools and technology or the
services its Payment Processors to process transactions on its behalf; (v)
depending on your geography, payment may be made to one of our intra-group
affiliated companies (listed <<<here>>>), and such payment will constitute a payment
to us and will discharge you from your payment obligations in connection with
the Order and purchase of the underlying Products; and (v) you could be
charged additional fees (such as foreign transaction fee or cross border fee)
or surcharges by your own bank, card issuer or the payment method you
selected, which such charges are not Global-e charges, and Global-e has no
control over these, knowledge in advance of the applicability of such fees or
surcharges nor does Global-e have any way to mitigate this, as this is purely
up to the relationship and commercial terms between you and your bank, card
issuer or payment method and their own policies. Global-e’s sole commitment in
this respect is to acquire the amount specified on checkout in your local
currency.
Global-e takes reasonable care to keep the
details of your Order and payment secure, but (in the absence of material
negligence) Global-e cannot be held liable for any loss you may suffer if a
third party procures unauthorized access to any data you provide when accessing
or ordering from the Store.
Payment
by Invoice with Klarna: In
cooperation with Klarna and in certain jurisdictions only, you may be offered
the opportunity to purchase the Product using Klarna as a payment method. The
terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting
that German (not English) is the governing and binding language of such terms
and conditions. Eligibility for use of the Klarna invoicing payment method will
be determined by Klarna in their sole discretion and Global-e accept no
liability in respect of your use of Klarna as a payment method. Where you
choose to purchase your Product using payment by invoice with Klarna, you will
be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use
of your personal information. Global-e shall have no responsibility for their
use of your personal data.
For Shoppers ordering from Brazil, please be
advised that you are making an international purchase, which will be subject to
a foreign exchange transaction processed by Dlocal Brasil Pagamento Limitada or Demerge Brasil Facilitadora de Pagamento
Internacional, according to the terms and conditions available here:
https://dlocal.com/legal/brazil/termos-and-conditions-for-accreditation-to-the-dLocal-system/.
Upon completion of this purchase, you acknowledge and accept the above terms
and conditions.
If you wish to return one or more Products
your purchased pursuant to these Terms, the following instructions apply:
•
You
must first inform of your decision to return the Product by a clear statement
made to the Store Owner, to its returns portal, or other contact method, as
further detailed in the Store Owner’s policy, following the instructions and
providing the requested information, which may include
•
•
Import Charges are normally non- refundable,
for further information please review “Import Charges”.
Title and risk to the returned items will not
be taken back or assumed until such items physically arrive back to the returns facility, and therefore you are advised to use a
courier service offering tracked service, and to take out adequate insurance to
cover the cost of the goods in transit.
Unless expressly agreed otherwise,
reimbursement will be made using the same means of payment as you used for the
initial transaction. Only the buyer will be entitled to receive a refund of the
purchase price. In no event will a person who has received the Order as a gift
be entitled to receive a refund. If you are a gift recipient and wish to return
items, please contact Store Owner to discuss your options.
If you are a “Consumer” and a resident of a
member state of the European Union or Iceland, Liechtenstein, or Norway ("EEA"), you have a “cooling-off”
right to cancel your Order subject to the provisions set out below. This right
is not affected by any separate returns policy in these Terms.
The
“cooling-off” cancellation period will expire 14 days after the day of delivery.
•
Informing
about your decision to cancel the order through the return portal or other
methods as set forth above,
•
You
must return the product in the condition mentioned in the return policy above,
except you may use the product only for such use that is necessary to assess
the nature, characteristics and functioning of the Product, as you would have
used in a physical store. Deduction could be made from the reimbursement for
loss in value of any item supplied, if the loss is the result of your handling
beyond what is necessary to establish the nature, characteristics and
functioning of the item.
Refund will be made not later
than:
•
fourteen
(14) days after the day we receive back from you any Product supplied; or
•
if
earlier, fourteen (14) days after the day you provide evidence that you have
returned the Product; or
•
if
there was no Product supplied, fourteen (14) days after the day on which we are
informed about your decision to cancel your contract.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE IS NO
RIGHT TO CANCEL OR TO RETURN PRODUCT WHICH WAS MADE TO YOUR SPECIFICATIONS OR
WHICH IS CLEARLY PERSONALIZED. THERE ARE OTHER TYPES OF
If any Product you order is damaged or faulty
when delivered to you or has developed a fault, you may have one or more legal
remedies available to you, depending on when you make Store Owner aware of the
problem, in accordance with your legal rights. If you believe a Product was
delivered damaged or faulty or has developed a fault, you should inform Store
Owner as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects
your legal rights under applicable law.
For Product shipped internationally, please
note that the warranty may not be valid in the destination, or you may have
only limited warranty valid in the destination. If warranty is valid and not
limited and if you reside in the EEA and you purchased your Product in the EEA,
the warranty period is two (2) years from the date of purchase. Consumers in
some jurisdictions may have legal rights under applicable national legislation
governing the sale of consumer goods, including, without limitation, national
laws implementing EU directive 2019/771. These rights are not affected by this
limited warranty.
There are
certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits the liability
for personal injury or death, or liability for fraud. You might have certain
rights under applicable consumer legislation explicitly prevailing the
governing law hereof, including legal rights relating to faulty product(s).
Nothing in these Terms will affect these explicitly prevailing legal rights.
SUBJECT TO THIS, IN NO EVENT WILL GLOBAL-E OR
THE STORE OWNER HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES, ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING
OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED
THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES
THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE
CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED.
GLOBAL-E AND THE STORE OWNER WILL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR
PAYMENT CARD ON THE CHECKOUT, AND GLOBAL-E AND THE STORE OWNER ARE NOT
RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN
THESE INSTANCES.
You must give
Global-e and the Store Owner a reasonable opportunity to remedy any matter for
which they are liable before you incur any costs remedying the matter yourself.
It cannot be
guaranteed that the Store or checkout will be uninterrupted or error-free.
Global-e and the Store Owner are entitled without notice and without liability
to suspend the Store or the checkout for repair, maintenance, improvement or other technical reason.
To the
maximum extent permitted by applicable law, Global-e
shall not be held liable, if and in so far as it cannot fulfil its obligations
as a result of circumstances beyond its reasonable control and where it could
not have taken appropriate steps to avoid such effects including third party
telecommunication failures.
Any access or
use of the checkout for any reason other than your personal, non-commercial
use, is prohibited. You further acknowledge that any other use of the material
and content of the checkout is strictly prohibited and
you agree not to (and agree not to assist or facilitate any third party to)
copy, reproduce, transmit, publish, display, distribute, commercially exploit
or create derivative works of such material and content.
These Terms
are governed by the laws of England and Wales. When a specific applicable law
(namely specific consumer laws in your own country), explicitly prevail the
laws of England and Wales, then with respect to the matters to which such law prevail, the governing law of the matter will be such
specific law. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, pursuant to an explicit prevailing
law, that provision shall be enforced to the fullest extent permitted by the
applicable prevailing law, and the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
You hereby
agree to the fullest extent permitted by applicable law, that you irrevocably
waive all right to trial by jury as to any issue relating hereto in any action,
proceeding, or counterclaim arising out of or relating to these Terms. If you
are a resident of the United States, then you hereby agree that notwithstanding
anything herein to the contrary, any controversy or claim arising out of or
relating to this contract, or the breach thereof, shall be determined by
arbitration administered by the International Centre for Dispute Resolution in
accordance with its International Arbitration Rules.
You are hereby informed that in the event of a
dispute arising out of or relating to these Terms, you may have a right under
applicable law to file a complaint with an alternative dispute resolution
institute.
If you are a Consumer in the EU, you may use
the European Commission platform for online dispute resolution (ODR) (For
information about alternative dispute resolution which may be of interest,
please refer to http://ec.europa.eu/consumers/odr/) or such other institution to which you may
have a legal right to use under applicable law.
Otherwise, to the fullest extent permitted by
applicable law, any dispute arising out of or relating to these Terms shall be
submitted to the exclusive jurisdiction of the courts of London, United
Kingdome.
Communications will be made electronically by
sending email or otherwise posting electronically.
Global-e is committed to render the carry on
its business in accordance with its Code of Conduct and Modern Slavery Policy
(available here: https://investors.global-e.com/corporate-governance/documents-charters).
Any failure by either party to exercise or
enforce any right or provision of these Terms does not mean this is a “waiver”
(i.e. that it cannot be enforced later).
Headings used
in these Terms are for information and not binding.
These Terms,
or any part thereof, may be assigned by us to a third party, without your
consent, but this will not affect your rights or obligations. A person who is
not a party to these Terms shall have no rights to enforce any term of these
Terms except insofar as expressly stated otherwise.
Global-e and
the Store Owner reserve the right to access, read, preserve, and disclose any
information obtained in connection with the Order, and your use of the
checkout, as Global-e reasonably believes is necessary to: (i)
satisfy any applicable law, regulation, legal process, subpoena or governmental
request, (ii) enforce these Terms, including to investigate potential
violations of them, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to your support requests, or (v) protect the
rights, property or safety of Global-e, the Store Owner or the public.
The checkout
may contain links to third party Stores or services that are not owned or
controlled by Global-e. Global-e is not affiliated with, has no control over,
and assume no responsibility for the content, privacy policies, or practices
of, any third-party Stores. You: (i) are solely
responsible and liable for your use of and linking to third party Stores and
any content that you may send or post to a third-party Store; and (ii)
expressly release Global-e from any and all liability
arising from your use of any third-party Store. Accordingly, you are encouraged
to read the terms and conditions and privacy policy of each third-party Store
that you may choose to visit.
Global-e reserves the right to modify these
Terms at any time by posting the changes on the checkout or the Store. Such
change will take effect on the posting date of the revised Terms, and your use
of the checkout after such changes have been posted means that you agree to be
bound by the Terms as modified. However, no such change will affect any Order
that you have already placed.
These Terms
constitute the entire agreement with respect to the subject matter of the
Order. The contract in respect of any Orders is concluded between you and
Global-e or our intra-group affiliate acting on behalf of Global-e and may be
officially concluded in the English language only, and that no public filing
requirements apply.
If you have
any questions or complaints about Global-e, these
Terms or the checkout, please contact us at
The Global-e
Contracting Party under these Terms is Flow Commerce Inc
For contact information of Global-e
Contracting Party please refer to the “Contact Us” page on check out, for
information about our Global-e affiliates please press <<<here>>>