In these Terms, unless otherwise defined, the following terms shall have the meanings
ascribed to them below:
"We" or "Our" or "Us" means LBCX.PH INC. (which powers Shipping Cart).
"You," “Your,” or "User" means any persons or entities accessing the Site and/or using the Services available under the Site.
"Site" means the website and the contents accessible at the URL link shippingcart.com.
"Services" means all the services offered by Us on the Site.
"Shipping to your Shipping Cart U.S. Address" or “U.S. Address" means the service described in Section 3 of these Terms.
"Product" or "Shipment" means the goods, merchandise, freight, parcels or goods purchased by User on the on-line websites of merchants.
"Terms" means the Terms set out herein.
Section 1: Registration
- We strongly recommend that, as you read these Terms, you also access and read the information contained in the other pages and websites referred to herein, as they may contain further Terms that apply to you as a User.
- Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Shipping Cart Services are not available to children (persons under the age of 18). You may not use the Site and/or the Services if you do not meet the eligibility criteria.
- If you are registering as a business entity, you represent that you have the authority to bind the business entity to this Agreement.
- Registering with Shipping Cart is free. This Shipping Cart U.S. Address should only be used for receiving packages purchased from online stores in the source country.
- Registering for a Shipping Cart account automatically signs you up for the Shipping Cart newsletter. You may opt to cancel your subscription at any time.
Section 2: Use of the Site
- You agree to comply with our security verification process.
- You shall not transfer, sell or disclose your Shipping Cart account details (email address and password) to another party.
- You agree to comply at all times with these Terms and all applicable domestic and international laws, statutes, ordinances and regulations.
- You represent and warrant that all information You provide to Us is accurate and complete.
- While we will exert reasonable efforts to maintain accurate and up-to-date information on the Site, we make no warranties or representations regarding the accuracy, timeliness or completeness of any information found on the Site.
- We do not warrant that this Site will always be accessible, uninterrupted, timely, error free or free from computer viruses or other invasive or damaging code or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- Without limiting other remedies, we reserve the right to limit User's access to the Site, issue a warning, temporarily suspend, indefinitely suspend or terminate User's registration and refuse to provide the Services to User if: (i) the User breaches these Terms or the documents it incorporates by reference; (ii) We are unable to verify or authenticate any information the User provides to Us; (iii) We have reason to believe that the User's account may have been compromised; or (iv) If User conduct violates applicable law or is harmful to the interests of Shipping Cart and its affiliates. We reserve the right to terminate or suspend access to the Site at any time without assigning any reason. We shall not be liable to User or to any other party for any damages, losses, costs, or expenses howsoever caused by or arising out of such termination or suspension.
Section 3: Shipping to your Shipping Cart U.S. Address
- Upon successful registration, User shall be allocated a Shipping Cart U.S. Address, which the User may then provide to on-line merchants as a delivery address ("U.S. Delivery Address") when purchasing Products. Such Products are to be subsequently delivered by Us to the address designated by the User ("Shipment Address").
- You authorize Us to accept delivery of Products at the U.S. Delivery Address on your behalf and appoint Us as your freight agent to ship the Products to the Shipment Address in accordance with these Terms.
- We have the right to open and inspect a Shipment without prior notice to User.
- Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or Shipment or consolidation, or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
- We may perform any of the following activities on User's behalf: Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations (if applicable); and/ or Act as User's freight agent for the performance of customs clearance and preparation of shipping documents. Item declaration amount will be based on the merchant invoice of the package. The merchant invoice will be used as supporting documentation.
- All Shipment Addresses once confirmed on the Site are final and may not be varied.
User agrees to routing and diversion of the Shipment, including the possibility
that the Shipment may be carried via intermediate stopping places.
* Except for Return to Merchant orders (refer to Item C, Section 8), we do not accommodate requests to repack and ship to another non-Philippine address once we receive an item in the warehouse. This includes shipping out to other US addresses, splitting or repacking of items for partial shipping to non-Philippine addresses, etc.
Section 4: Deliveries and Undeliverables
- Shipments will be delivered to the Shipment Address, but not necessarily to the named recipient personally. Shipments to addresses with a central receiving area will be delivered to that area.
- LBCX.PH INC. does not guarantee delivery of packages, which do not comply with the import or export regulations of the country to which they are delivered to.
- If the recipient refuses delivery or the Shipment is deemed to be unacceptable, or it has been undervalued, or the recipient cannot be reasonably identified or located, we shall use reasonable efforts to return the Shipment to the merchant at User's cost, failing which the Shipment may be released, disposed of or sold by Us without incurring any liability whatsoever to User or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of sale, if any, to be returned to User.
- Notwithstanding anything contained herein, we reserve the right to discard and/or dispose of the Products delivered to the U.S. Delivery Address in any manner we deem fit without being liable to the User, if we are unable to process delivery of the Shipment ninety (90) days of the Product(s) being received at the U.S. Delivery Address, for any reason.
Section 5: Loss and Damage to Shipments
- Any loss or damage to your package directly caused by LBCX.PH INC. will be reimbursed according to the insured value you declared for your package or the invoice value, whichever is lower.
Section 6: Unacceptable Shipments
User agrees that Products will be deemed unacceptable for Shipment if:
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization e.g. U.S. Export Controls;
- No customs declaration is made when required by applicable customs regulations; or
- We decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, firearms, parts thereof and ammunition, human remains, pornography, illegal narcotics/drug and large appliances).
- Products classified as hazardous material, dangerous goods, prohibited or restricted and therefore deemed unacceptable for shipping will be returned to the merchant at User's cost and/or we reserve the right to dispose of the Shipment.
Section 7: Claims and Insurance
- The cost of insurance will be calculated as a percentage of the total shipment value, the cost of the declared value of the goods, and international shipping cost (excluding fuel surcharge and duties paid).
- Compensation includes declared value of goods, and international shipping costs (excluding fuel surcharge and duties paid).
- Shipping insurance is compulsory for all users of our service.
- All claims for loss or damage must be made within fourteen (14) days from the date of delivery of the Services, failing which we shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, any supporting documents, relevant invoices or receipts for that item.
- We reserve the right to inspect and/or collect the goods, which User claims compensation for. This applies in particular to goods that are declared damaged, for which User is claiming 100% reimbursement of item and/or shipping cost. In such cases, compensation will only be meted out once Shipping Cart has verified User’s claims through the inspection and/or collection of the goods in question.
- No parties are entitled to benefit or gain from claims for lost and damaged items.
Section 8: Refund, Return and Exchange
- We are not responsible for any errors by the merchants in fulfillment of orders or otherwise. User will have to make arrangements with the merchants for any returns, refunds or exchange of items directly in accordance with the merchant's terms and policies.
- We do not facilitate any exchanges. We will facilitate the return delivery of item(s) ordered from the merchant while the goods are still at the User's U.S. Delivery Address. Applicable return charges apply.
- For orders to be returned to merchant, you must first pay for the return charges before we return the goods to the merchant.
Section 9: Charges and Costs
- Our charges or rates for providing the Services are shown here and are subject to change from time to time at our discretion. Unless otherwise stated, all charges are quoted in U.S. Dollars. Charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Shipping Cart to confirm this calculation. Calculation of chargeable weights for consolidated Shipments will be based on the total of the higher of the physical or volumetric weight of each individual package.
- You will compensate Us for any penalties or fines incurred on any Shipments or goods found to be prohibited, hazardous, illegal, or are classified as controlled substances.
Section 10: Indemnity and Limitation of Liability
- You agree to indemnify and hold harmless the Interested Parties from and against any claims, damages, expenses and/or losses what soever arising from or in connection with your access to the Site and/or use of the Services. "Interested Parties" means Shipping Cart, LBCX.PH INC., and LBC Express, Inc.
- Notwithstanding any other provision herein, in no event shall we be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind, nor for any lost profits or revenues, in connection with or arising out of these Terms, the operation, use or access to the Site, or the provision of the Services.
- The quality of the items purchased via the Site and the accuracy of the claims are the responsibility of the manufacturer and/ or distributor of the items. We do not warrant, represent or guarantee the quality of the items or that the claims made by the manufacturer and/ or distributor are accurate. To the full extent permissible by applicable law, we disclaim all warranties (whether express or implied) including but not limited to, that the items will meet User's function and/ or requirements or be fit for a particular purpose. We shall not be responsible for any loss or injury or damage incurred as a result thereby.
Section 11: General
- All notices shall be given by postal mail to LBCX.PH INC., GF Allegro Center, 2284 Chino Roces Extension, Makati City, Metro Manila, Philippines, 1231 or to the email address provided by User during the registration process (in User's case). Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notices shall be deemed given 3 days after the date of mailing.
- Whilst the Site may be accessed by User in different countries, the laws of the Republic of the Philippines, without regard to the conflicts of laws principles thereof, will apply to these Terms.
- The invalidity or unenforceability of any provision shall not affect any other part of these Terms.
- We are not liable for any delays, loss or damage arising out of circumstances beyond our control, including but not limited to any act or omission by a person not employed or contracted by Us; Acts of God including but not limited to: earthquake, cyclone, storm, flood, fog; "Force Majeure" including but not limited: to war, plane crash or embargo; riot or civil commotion; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
- We do not perform special requests that go over and beyond our services, including but not limited to requests to reweigh, re-measure, retake photos, segregate, split box, among others.