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Subscriber Agreement |
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AGREEMENT FOR SERVICES AND POSTAL ADDRESS - SERVICES AND GENERAL OBLIGATIONS
1- SERVICES IN GENERAL: This agreement is entered into by and between SkyBOX, Inc. (hereinafter referred to as "SkyBOX") and You (hereinafter referred to as "Customer"). SkyBOX will provide the Customer with a postal address (the "Suit"), which will be assigned for his/her exclusive use in the city of Miami, State of Florida, USA, the place where this agreement is made. The SkyBOX service consists of the receipt of mail and/or merchandise, screening, consolidation, forwarding and air shipment all the way from Miami, Florida, USA, to the home country of the Customer, including the local delivery to the address as identified in the "Registration Page" or any other address assigned by the Customer, including all actions required for customs clearance. The Customer will inform SkyBOX in writing (electronically) the exact address where the mail and/or merchandise should be delivered to, in the "Registration Page." SkyBOX offers its Customers the option to reject unsolicited mail ("junk mail" and/or shopping catalogs). Notwithstanding, in spite of our best efforts, we can not assure that all unsolicited mail pieces will be really removed by our screening process. Therefore, SkyBOX cannot be deemed responsible for costs involved with unsolicited mail.
2- PAYMENT AND COSTS: The Customer hereby authorizes SkyBOX to charge his/her credit card for the expenses incurred by the services:
a) The annual membership fee is US $48 for the assignment of the postal address ("Annual Fee"). Each year, the Annual Fee will be automatically charged to the Customer’s credit card, upon renewal of the membership, under the discrimination “SkyBOXannualMembership”.
b) Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by SkyBOX.
c) Import taxes and other taxes;
d) Expenses with local shipment to destination;
e) Insurance costs (the cost of insurance will be automatically included in the total Customer costs per shipment).SkyBOX offers free damage and loss coverage to the objects and merchandise stored by and under control of SkyBOX, limited to US $100.00 or equivalent in local currency (of the Customer’s home country). The SkyBOX responsibility is limited to its obligations for handling the packages in Miami, Florida, for the procurement of products for the Customer in Miami, Florida, and for the courier services to the local destination, except when there is any applicable law or treaty. The Customer acknowledges and accepts that insurance policies taken out by SkyBOX will have limited coverage of as much as US $2,500. The Customer becomes the responsible for taking out insurance to cover values in excess of US $2,500. In addition, the Customer shall be the responsible for learning about non-insurable products; if any questions arise concerning product insurance, please, refer to our Customer Services.
In case SkyBOX is not able to receive an approval from the credit card operator and the Customer has not provided another valid credit card, the package shall be considered abandoned and shall become the property of SkyBOX and might be scrapped or returned to the seller after sixty (60) days from its arrival to our warehouse in Miami, FL.
f) The annual fee (or monthly if applicable for a given country) for the assignment of the Suit will be clearly stated upon the registration or annual renewal of the suit. SkyBOX will charge the Customer the expenses with freight, customs rights, handling and shipment, as well as possible commission costs if applicable, upon arrival of the merchandise or material to the assigned Suit. The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer. SkyBOX shall not be deemed responsible for possible delays caused by expired, denied or void credit cards. Even though the assignment of a Suit number is made upon the registration, it will only become available to the Customer after the final credit card approval.
3- DOCUMENTS OF CHARGES AND COSTS: SkyBOX will make available to the Customer all documentation regarding charges and costs (fees and import taxes) which are the subject of credit card charges.
4- PERMIT AND AUTHORIZATION: The Customer grants SkyBOX unrestricted power to accept mail, documents, merchandise or any other parcel addressed to the Customer. The Customer grants permission and authorization for SkyBOX to perform the necessary procedures, such as filling out postal or customs forms with the purpose to forward the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer is committed to fill out or sign any document which becomes necessary to update or enhance said power. The Customer hereby states that SkyBOX shall not be deemed responsible for any claims against SkyBOX for the reception, handling, consolidation and/or shipment of mail, except for cases in which SkyBOX has acted in fraudulent or seriously neglectful way.
5- CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION:
a) RESPONSIBILITY:
(i) The Customer shall become the responsible for all law infringements. The Customer hereby commits to accept the postal laws of his/her own home country and of the United States of America (USA) and of the European Community. The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by local customs authorities in the country of destination. The Customer is the sole responsible for getting acquainted with all rules and restrictions before ordering shipments through SkyBOX. SkyBOX shall not be deemed responsible for merchandise loss due to customs seizure.
(ii) The Customer shall become the sole responsible for any law infringement incurred through the use of the SkyBOX service. SkyBOX reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to SkyBOX. Some kinds of merchandise may require an export license. The Customer is the responsible for providing and submitting to SkyBOX all required documents for such licensing. In case SkyBOX would not receive the documents and the license required to proceed with a given shipment, SkyBOX shall notify the Customer to provide them within five (5) days. In case the missing documents are not supplied within the due lead time, the goods will be retained and stored for 60 days. After 60 days, if no required documentation and/or information are provided, the merchandise will be subject to the procedure as set forth in Clause 2 herein.
(iii) In addition, the Customer hereby authorizes SkyBOX to inspect, open and repack every package which it will come to handle as part of this Agreement, and SkyBOX shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the US law.
b) FREIGHT COSTS:
The charges are based on the actual weight of the mail or merchandise except for: The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height) in cubic centimeters divided by SIX THOUSAND (6,000) and with measurements equal to or greater than 25 centimeters on either of its sides.
6- IMPORT TAXES AND OTHER TAXES: The Customer shall be the responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package at the country of destination. SkyBOX will provide all required procedures for the customs clearance of the products coming from the Customer’s Suit, and will charge the Customer’s international credit or debit card or, at its sole discretion, will submit a bill for the Customer to pay locally. Please, apply to our Frequently Asked Questions (Pricing, Customs) for additional information on customs taxes.
7- DELIVERY SERVICE TO DESTINATION: SkyBOX will receive, screen and forward to the Customer local address the products or documents shipped to his/her Suit in Miami. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by SkyBOX to his/her credit card, as set forth in Clause 2 herein. In case the merchandise would arrive at the SkyBOX warehouse in Miami without an accompanying invoice, SkyBOX will request it from the Customer; in case the Customer fails to provide it by fax or other means within 72 hours after the SkyBOX notification, SkyBOX will issue a pro-forma invoice based on the value as established by the seller itself or a similar store, and will proceed with the shipment with such a pro-forma invoice. The Customer shall become the responsible to indemnify SkyBOX for any losses or damages it might suffer resulting from the issuance of said invoice, including court and legal fees, even if the pro-forma invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise.
8- OTHER SERVICES: Subject to the provisions as set forth in Clause 2 herein, the Customer is entitled to pick up his/her goods in Miami, upon previous notice to our Customer Services, by visiting our warehouse at 1900 NW 97th Avenue, Miami, Florida 33172. The cost for this service is US $100. In addition, at his/her own discretion, the Customer may require SkyBOX to ship the products to other address upon prior written notice. The Customer will be charged the regular freight costs plus an administrative cost of US $50.00. The Customer may also require SkyBOX to return the merchandise to the seller in the USA. In that case, the Customer will also be charged the applicable freight costs plus an administrative cost of US $50.00.
9- RECEIPT AND DELIVERY GUARANTEE: The shipments as mentioned herein shall be performed within an average lead time of 2-5 working days from their arrival date in Miami, Florida, USA, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the credit card is valid. SkyBOX shall not be deemed responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airliners, customs or documentation. SkyBOX will try to deliver the merchandise to the final destination as determined by the Customer as many as three (3) times. After the third unsuccessful try, the product will be retained at our local facilities for a period of 60 days. After that time length, the package will be considered as abandoned and will become the property of SkyBOX and may be scrapped.
10- DENIAL OF RESPONSIBILITY FOR THE PRODUCTS: SkyBOX shall neither be deemed responsible for the products which are offered by US retailers through catalogs, nor for possible delays in their shipment to the assigned postal address. SkyBOX will ship the products which are received at the assigned address on behalf of the Customer all the way to the address as informed by the Customer in the "Registration Page," therefore providing solely the service of courier.
11- RESPONSIBILITY FOR AIR TRANSPORTATION: SkyBOX shall neither be deemed responsible for the products which are offered by US or European Community retailers, nor for possible delays in their shipment to the assigned Suit. SkyBOX will ship the products which are received at the assigned address on behalf of the Customer all the way to the address as informed by the Customer in the "Registration Page," therefore providing solely the service of courier.
12- INDEMNITY: The Customer agrees to indemnify and hold SkyBOX harmless, in case of any claim, loss, fine, tax or complaint for damages, brought by a third-party against SkyBOX as a result of the shipment to the CUSTOMER, so that SkyBOX will be held harmless.
13- ALTERATIONS IN CHARGES/COSTS: The listed charges are subject to change without prior notice. SkyBOX reserves the right to charge an annual fee, as set forth in Clause 2 herein. The annual fee will not be reimbursable in case this agreement is terminated by the Customer. All the same, SkyBOX will not be obliged to reimburse said annual fee in case this agreement is terminated due to a defaulting Customer.
14- TERM: Except in case this Agreement is terminated before its effective date as set forth in Clause 15 herein, this Agreement shall remain valid for one year from the date of registration, and will be automatically renewed thereafter, unless the Customer notifies SkyBOX its contrary intention in writing (or electronically).
15- TERMINATION: This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means of written or electronic notice thirty (30) days in advance.
16- COMPETENCE: This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of the Miami-Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which can not be reconciled, they shall be settled by arbitrators named by the Customer and SkyBOX. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code.
17- NOTICE: The service cancellation notices shall be made solely by means of the web page www.SkyBOX.net (section my SkyBOX/contact us/cancellation of service). In case you wish to submit any other document, notice, comment, suggestion, you can also use the website www.SkyBOX.net (section my SkyBOX/contact us); for other purposes the SkyBOX address is:
SkyBOX
ATTN: Customer Services
1900 NW 97th Avenue
Doral, Florida 33172
USA
Phone (786) 265-4880
Fax (786) 265-9406 |
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