Terms of Service
Fulfilla LLC (Delaware, USA), hereinafter referred to as the “Contractor”, publishes this Public Offer (hereinafter referred to as the “Offer”) on the provision of the Fulfilla international delivery service on the website fulfilla.net.
1. General Terms and Definitions
1.1. Offer is a proposal by the Contractor addressed to an indefinite number of persons to conclude a contract with the Contractor remotely on the terms contained in this Offer, including all Annexes to it.
1.2. Client is an adult individual who has accepted this offer, who is the customer of the Contractor's services and pays for them.
1.3. Sender is an individual indicated on the invoice as a sender.
1.4. Recipient is an individual indicated on the invoice as a recipient.
1.5. Services of the Fulfilla international delivery service include provision of prepaid shipping labels, acceptance at the warehouse, sorting, checking the contents, and transfer for further express delivery of the Client's shipments to the indicated address (hereinafter - the services), customs services for the delivery of shipments, shipment protection programs.
1.6. Shipments are cargo, parcels, documents/letters, goods transferred by the Client to the Contractor for delivery.
1.7. Application is a set of the Client's orders given through the Contractor's software package regarding delivery of the Shipment by the Contractor to the Recipient. Submission by the Client of an application for the provision of services in accordance with the procedure provided for by this offer and its Annexes shall be deemed full acceptance of the Offer by the Client and conclusion of an agreement between the Contractor and the Client under the terms of the Offer.
1.8. Carrier of the Client’s shipments is a legal entity and/or an individual entrepreneur, providing delivery services for the Client’s shipments under an agreement with the Contractor, or a person providing logistic services (transportation, forwarding) during delivery.
1.9. Declared value is an amount (if any) indicated by the Client when transferring the Shipment to the Contractor, which is the maximum amount of the Contractor's liability in connection with the Shipment.
1.10. Shipping label is a document for marking the Shipment, which is formed on the Contractor's website, or through the application, after the Client submits the Delivery Application. It contains the necessary data and information for the delivery of the Shipment.
2. Statement of Works
2.1. The Client submits the Application for the Contractor's services in his or her personal account on the website fulfilla.net, using the form established by the Contractor. The application should contain all the necessary details and information listed in the form (Sender, Recipient, delivery address, weight, dimensions, and other information necessary for the Contractor to provide delivery services).
2.2. The application is deemed accepted by the Contractor when the Client has paid for the cost of the Contractor's services and the shipping label has ben issued, which the Client is obligated to place on the package of the Shipment.
2.3. Within the time period agreed in the Application, the Client is obliged to prepare the Shipment for delivery to be collected by the courier of the Contractor or to deliver the Shipment to the appropriate delivery service office indicated in the Application. The Shipment must be properly packed and marked with a shipping label.
2.4. The Client is obliged to provide the Contractor with the necessary documents for customs operations, and, if necessary, pay customs duties and fees.
2.5. The Client is obliged to pay for the services of the Contractor in due time and in full, in accordance with the Tariffs and under the terms of this Agreement.
2.6. The Client must independently familiarize himself or herself with the Rules and other documents posted on the Contractor's website or provided in the form of an email notification.
2.7. The Contractor has the right to repack the Shipment independently and at the expense of the Client, if the Contractor finds that the package cannot ensure its safety during delivery.
2.8. The Client is responsible to the Contractor for the completeness and accuracy of the information about the Recipient and the delivery address of the Shipment.
2.9. In the event the Recipient or a third party presents claims to the Contractor regarding the delivered Shipments that are not related to the delivery, the Client is obliged to resolve the disputed issues independently as soon as possible, compensating the Contractor for the losses incurred.
2.10. The Contractor is not responsible for customs payments, taxes, and other payments related to the crossing of state borders by the Client’s Shipment.
2.11. The Client is fully responsible for the consequences caused by incorrect or inaccurate indication of the shipment details or its contents, as well as for sending prohibited and dangerous goods.
2.12. The Client must indicate the correct and real information about the sender, recipient, and contents of the shipment, corresponding to the rules of import and export operations of the customs services of the country of dispatch and the receiving countries. The Contractor does not guarantee the delivery of shipments for which incorrect or inaccurate information was specified.
2.13. The Contractor reserves the right to request additional documents confirming the identity of the client, the legality of purchases and the use of a credit card. This is a selective measure that helps prevent credit card fraud.
2.14. The Contractor reserves the right to refuse to provide services without explanation. In this case, the funds from the balance are returned to the card from which they were credited to the client’s balance, received parcels will be sent back to the sender.
3. Shipment Packing
3.1. The Client is obliged to pack the Shipment in order to ensure safe transportation by air, road, and other means of transport, taking into account the standard handling during express transportation, and in accordance with all requirements of applicable laws, normative regulations or rules, including the requirements regarding package and labeling. The Shipment must have a shipping label, issued by the Contractor upon acceptance of the Client’s Application.
3.2. The Sender is obliged, using appropriate package, to protect properly the contents of the Shipment, which may be damaged as a result of special conditions arising from transportation by air (for example, due to changes in temperature or atmospheric pressure). The Contractor is not responsible for damage resulting from changes in temperature or atmospheric pressure.
3.3. The Contractor does not deliver shipments that require temperature regulation. The Contractor is not obliged under any circumstances to add dry ice to the Shipments or provide re-freezing services, regardless of the presence of any oral or written statements by the Client to do so.
3.4. If the package of the Shipment has leaking, damage, or it is a source of smell, the Contractor has the right to stop the delivery of such Shipment and, if possible, it will be returned to the Sender / Client at the expense of the Client.
3.5. If the Client did not ensure proper packing of the Shipment, which led to damage to the property of the Contractor and/or third parties, the Client is obliged to compensate for such damage at the request of the Contractor. The Client is also obligated and agrees to reimburse or in any other way compensate the Contractor for any expenses, payments, or costs incurred in connection with improper packing of the Shipment, its cleaning, and/or disposal of the Shipment.
4. Shipment Control by the Contractor
4.1. The Contractor has the right to examine the Client's shipments when they are received from the Client, as well as to open the Shipment to check its safety, compliance with the Offer conditions, in order to carry out customs declaration, as well as in accordance with other regulatory and normative acts. In case of any violations, the Contractor has the right to refuse to provide services to the Client.
5. Customs Services
5.1. The Contractor submits the Client's shipments to the customs authorities and ensures that all customs procedures related to their export, transportation through third countries (transit) and necessary customs formalities in the country of destination are completed.
5.2. The Client (a resident of the United States) is obliged to provide the Contractor with reliable information, information and documents for the shipments. If, as a result of the provision (intentionally or unintentionally) by the Client to the Contractor of false or knowingly false information, information and documents, a violation of US customs/export legislation has occurred (including, but not limited to 13 U.S.C. Sec. 305; 22 U.S.C. Sec. 401; 18 U.S.C. Sec. 1001; 50 U.S.C. App. 2410) or incorrect / unreliable completion of the export declaration, the Client understands and agrees that he is fully responsible for: fines, fees, confiscation and sanctions of public services, as well as additional costs claimed for payment by any third parties; civil and criminal penalties. In case of payment of the specified fines and expenses by the Contractor, the Client is obliged to reimburse them in full within 5 (five) days from the date of notification of the Client by the Contractor.
6. Shipments Prohibited for Carriage
6.1. The Client agrees not to send shipments containing goods, products, devices, equipment, and any other items prohibited/restricted for dispatch/transportation / forwarding by law in the country of departure, transit, destination, including, but not limited to:
- counterfeit goods, animals, gold and silver bars, currency, precious stones; weapons, explosives and ammunition, human remains, illegal enclosures, including ivory and drugs,
- belonging to the category of dangerous substances or dangerous goods, those subject to prohibition or restrictions by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement on Carriage of Dangerous Goods by Road) or other competent organizations;
- goods, products, devices, equipment, and any other items which require an export license or other special permission for sending them, including goods for which a license is required in accordance with the list of Export Control Classification Number (ECCN) and Export Administration Regulations (EAR);
- goods, products, devices, equipment, and any other items included in the US Munitions List (USML), compiled by the US Department of State and Department of Commerce;
- goods, products, devices, equipment, and any other items prohibited / restricted for transportation/forwarding in accordance with the requirements of IATA (International Air Transport Association), the international postal union;
- goods, products, devices, equipment, and any other items prohibited from being shipped or whose shipment is restricted under the US Arms Export Control Act (AECA);
- goods, products, devices, equipment, and any other items prohibited or restricted to be shipped in accordance with the CCL (Commerce Control List) compiled by the Bureau of Industry and Security Department of Commerce USA (BIS).
- other contents in respect of which, in the opinion of the Contractor, safety or legality of transportation cannot be ensured.
A reference list of prohibited items can be found at help.fulfilla.net/forbidden-items
6.2. The Client is obliged not to submit for delivery the shipments:
- addressed to persons from the SDN List (Specially Designated Nationals List) formed by the Office of Foreign Assets Control of the Ministry of Finance of the USA (OFAC);
- the recipient of which is indicated on the Consolidated Screening List (CSL), approved by the US Government (a list of states, legal entities, and individuals under the restrictions on certain types of exports, re-exports, or transfers of items imposed by the United States government).
- whose destination is the territory of the following countries: Cuba, Iran, North Korea, Sudan, Syria, Crimea.
6.3. The Client confirms and guarantees that the Recipient is not, and will not be, a company, legal entity, or individual mentioned in any of these BIS lists:
- the Blocked Persons List - individuals and legal entities that were denied export privileges (any relationship with any party on this list that violates the conditions of the ban imposed on the party is prohibited);
- the Unverified List - end users whom BIS has not managed to check during previous transactions;
- Organizations List - parties whose participation in the transaction may initiate a license requirement that supplements the requirements specified in the US Export Administration Rules (EAR).
6.4. The Contractor has the right not to accept the shipment if
- it has no customs declaration, though it should have it in accordance with the relevant customs regulations,
- the address is incorrect, its package is damaged or insufficient to ensure safe transportation under regular conditions,
6.5. The Contractor is not responsible for shipments submitted for carriage to prohibited countries, prohibited individuals, or organizations.
7. Payment for the Services of the Contractor.
7.1. For the provision of services, the Client pays the Contractor a fee in accordance with the Tariffs of the Contractor. The Tariffs for the services of the Contractor are given here: fulfilla.net/#calculator
7.2. The cost of the Contractor’s services is calculated when the Client submits the Application, on the basis of information provided by the client and information about the place of dispatch, delivery, weight, and dimensions of the Shipment, delivery method, etc., declared value for the shipment protection program.
7.3. Payment for the Contractor's services is made on the website fulfilla.net/#calculator.
7.4. If upon acceptance of the Shipment by the Contractor for delivery, or during the provision of delivery services, it was determined that the Client provided incorrect information about the weight and overall dimensions of the Shipment, the Contractor recalculates the cost of the Shipment delivery service. If the actual cost of the delivery service appeared to be higher than that paid by the Client, the Contractor will require the Client to pay the delivery cost. If the Client refuses to make an additional payment, the Contractor has the right to refuse to provide services to the Client, while the Contractor withholds from the amount previously paid by the Client the cost of the Contractor’s expenses that have already been incurred in connection with the execution of the Client’s Application.
7.5. In the event that, due to the fault of the Client, the Contractor incurred additional expenses/losses while rendering the services, the Client is obliged to compensate them to the Contractor.
8. Terms and Methods of Delivery
8.1. Approximate dates of delivery are specified here: help.fulfilla.net/methods-of-delivery
8.2. The Contractor undertakes to make all reasonable efforts to deliver Shipments within the indicated approximate dates, however, the indicated delivery dates are not mandatory and are not part of the agreement (offer). The Contractor is not liable for damage or loss caused by the delay.
8.3. Shipments are delivered to the address of the Recipient indicated by the Client, but may not be delivered to the Recipient personally.
9. Shipment Non-Delivery
9.1. The Contractor is not liable and does not deliver the Shipment if the address is incorrect, and the Shipments cannot be delivered to the addresses of PO Boxes or has only zip codes indicated.
9.2. If the Shipment is unacceptable for transportation in accordance with Section 6, or it is impossible to find or identify the Recipient, though the Contractor has taken reasonable measures, or the Recipient refuses to accept the Shipment or pay Customs duties or other fees related to the Shipment, as well as when the customs authorities of the country of the dispatch, destination, or transit refuse to release the Shipment, the Contractor, if there is a real possibility, returns the Shipment to the Sender / Client at his or her expense. In case of refusal to pay for the Contractor’s services for the return of the Shipment, it is at the full disposal of the Contractor, which has the right to transfer, sell, or encash it in any other way at its discretion without any liability to the Client.
9.3. The Contractor has the right to destroy/dispose of any Shipment that cannot be returned to the Sender/Client by force of law, as well as any Shipment containing Dangerous Goods.
10. Liability of the Contractor
10.1. The Contractor's liability with respect to any Shipment transported by air (including additional transportation by road or stops on the route) is limited in accordance with the Montreal or Warsaw Convention, or, if these conventions are not applicable, to the lesser of the following amounts: (i) current market or declared value; or (ii) 22 special drawing rights per kilogram. Such limits also apply to all other types of cargo transportation, unless otherwise provided by this Offer.
10.2. In the case of the international carriage of the Shipment by road, the Contractor's liability is limited or deemed limited by the terms of the Convention on the Agreement on the International Carriage of Goods by Road (CMR) in the amount of the lower of the following amounts: (i) current market or declared value; or (ii) 8.33 special drawing rights per kilogram. In the absence of legally applicable or lower liability limits in applicable national law, such restrictions also apply to inland carriage of goods by road.
10.3. The extent of the Contractor’s liability in any case is limited to the direct real damage caused to the Shipment as a result of its damage or loss. Any other types of losses or damages (including, without limitation, lost profits, interest income) are not indemnified, regardless of whether such losses and damages are direct or indirect, even if the Contractor was informed about risk of such damage or loss.
10.4. In any case, the Contractor is not liable for the loss or damage (defects) of the Shipment:
10.4.1. If there is no external damage to the package of the Shipment and the actual mass of the Shipment is equal to the mass determined upon receipt.
10.4.2. If the fact of loss, opening, damage of the Shipment or its part was established after the delivery of the Shipment to the Recipient.
10.5. The Contractor is not liable for failure to fulfill or improper fulfillment of obligations in any of the following cases:
- if this results from the Sender's non-performance or improper performance of his or her obligations under the Agreement, including non-compliance with the requirements for packing, labeling on the package in connection with the features of the contents;
- if this is a consequence of the actions of public authorities or force majeure circumstances: natural disasters, inaction of communications, snowdrifts.
10.6. All claims for the delivery of Shipments must be addressed to the Contractor by the Client in writing electronically through the Contractor's ticket system on the website fulfilla.net within 30 (thirty) days from the date of receipt of the Shipment by the Contractor. Otherwise, the Contractor will not be liable for the claims. With respect to one Shipment, only one claim can be made, and its settlement is a complete and final settlement of all claims for damages and losses regarding such Shipment.
11. Shipment Protection Program
11.1. The Client has the right to use the shipment protection program, which provides for full reimbursement of the Client’s real damage in case of loss/damage of the Shipment. Details and conditions of the above program are specified here: help.fulfilla.net/shipment-protection-program
11.2. The Contractor does not provide full liability for the shipment or insurance against all risks, however, when using the shipment protection program, the Contractor’s liability will be higher than the limits provided for in section 10. The declared value for the carriage of any Shipment is the Contractor's maximum liability for its delivery, including, but not limited to, the liability in the event of loss, damage, delay, misdelivery.
11.3. In the event that the Client declares a higher declared value of the Shipment, the Contractor's liability for losses or damage incurred in relation to the Shipment may not exceed the actual value of its contents. Thus, the Contractor has the right to demand documents from the Client confirming the actual value of the contents of the Shipment, and may also require an independent assessment of the value of the contents of the disputed shipment.
11.4. The Client is responsible for the correct indication of the declared value. The Contractor cannot, upon request, change the declared value after the Shipment has been submitted to the Contractor for delivery.
11.5. The maximum declared value for the carriage of a shipment is 1500 US dollars per Shipment.
11.6. If the Client has not indicated the Declared Value for each content unit in the Shipment, but indicated the total Declared Value of the Shipment instead, the Declared Value of each content unit is determined by dividing the total Declared Value by the number of content units indicated by the Client.
11.7. The Contractor shall not be liable for losses, damage, defects, delay, non-delivery or under-delivery of prohibited Shipments, which are listed in Section 6 of this offer.
11.8. Any statement by the Client of the declared value exceeding the maximum allowed amount is considered invalid. If the Declared value for the transportation of the Shipment exceeds the maximum allowed amount, such amount is automatically reduced to the maximum allowed amount for this Shipment.
11.9. All shipments are automatically protected from loss/damage in the amount of 100 US dollars + the cost of the Contractor's services.
12. Applicable Legislation
12.1. Any disputes arising out of these Terms and Conditions or in connection with them, in the interests of the Contractor, shall be heard by the court of the State of Delaware, USA and the applicable legislation will be the laws of the USA and the State of Delaware, USA.
13. Final Provisions
13.1. By accepting this Offer, the Client agrees that the Client’s personal data can be processed by the Contractor directly or through third parties.
13.2. This Offer has no time limits.
13.3. The Contractor has the right to change the terms of this Offer and its Annexes unilaterally and in any time, and these changes come into force starting from the moment they are published on this website.
13.4. The Contractor undertakes not to disclose the information received from the Client. The provision of the information by the Contractor to agents and third parties acting on the basis of an agreement with the Contractor in order to perform the obligations to the Client is not considered a violation of this obligation.
13.5. The conditions for the provision of services referred to in this Offer form an appendix to this Offer and are an integral part of it.
13.6. The Contractor reserves the right to send informational, including advertising, messages to the client’s email and mobile phone without prior coordination with him or her. Service messages informing the client about the completion of the order and the stages of its execution and processing are sent automatically and cannot be rejected by the client.
13.7. The Contractor has the right to use the “cookies” technology. “Сookies” are small files that a website or provider transfers to your computer’s hard drive via a web browser (if you allow it), which allows websites or systems of service providers to recognize your browser and remember certain information, which improves the quality of service.