Meest-America, Inc will use reasonable best efforts to prevent any fraudulent use of Meest-America, Inc service. Meest-America, Inc works diligently to prevent credit card fraud and cancels any accounts engaged in such activity and returns the merchandise to the merchant. Meest-America, Inc requires documentation to ensure against fraud, such as requiring copies of identification and credit cards. Meest-America’s customers are solely liable for accurately providing all information required by United States' laws and regulations, including information on the value or export classification of merchandise, and for maintaining all records as required under law. Civil or criminal penalties may be imposed by the U.S. Government for making false or fraudulent statements with respect to this information.
This service Agreement is a public agreement between Meest-America (hereinafter -"the Contractor") and a physical or legal person (hereinafter - the "Customer") that includes all the essential conditions of the delivery of goods ordered online.
The terms of this Agreement govern the relationship of the Customer and the Contractor (collectively - the "Parties"). The part, not regulated by this Agreement, will be governed by U.S. law.
1. Subject of the Agreement.
1.1. The Contractor undertakes to organize and carry out the packaging and delivery of the goods to the Customer, acquired by the Customer on his own at the internet shops and auctions in the U.S. and delivered to Meest-America’s address. The Customer shall pay for services rendered to him here-under.
1.2. The date of the agreement and the time of full and unquestioned acceptance of the terms of the Agreement is the fact of registration at https://meestshopping.com
1.3. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and the Conditions of Carriage, which form an integral part of the Agreement.
2. Ordering information and payment.
Conditions two: Limitation of Liability
2.1. To place the shipping order with the Contractor the Customer must register in /https://web.meest.shopping/ program. When purchasing goods the Customer must address them to the warehouse of the Contractor, specifying in the address of the recipient (ship to :) personal account number (client id, 4 to 7 digits), which he receives after registration in /https://web.meest.shopping/ program.
2.1.1. If the Customer has not pre-registered the tracking number and the Customer's ID is not indicated on the box, such shipment shall be deemed "unidentified" and shall be entered into the register of "unidentified" cargo.
2.1.2. In order to identify a purchase after its actual delivery to the Contractor's warehouse, the Customer must register the tracking number of such purchase in the Customer's personal account, so that the system can transfer it from the "unidentified cargo" database to the Customer's account.
2.1.3. The free storage period for an order at the Contractor's warehouse in the USA shall be 28 calendar days from the moment such purchase is scanned into the Customer's account or into the register of unidentified purchases (in accordance with clause 2.1.1).
2.1.4. The maximum storage period for an order at the Contractor's warehouse shall be 3 calendar months. If the Customer fails to submit a request to identify such order, it shall be assigned the status of "unclaimed cargo".
2.1.4.1. Cargo assigned the status of "unclaimed" shall be transferred for disposal or subjected to other actions by the Contractor to cover storage costs, without prior notice to the Customer.
2.1.4.2. The Contractor shall not accept for consideration any claims for reimbursement of the value of "unclaimed" cargo or any other indirect losses incurred by the Customer as a result of its disposal or any other actions taken with respect to cargo of this status.
2.1.4.3. The Contractor is not obligated to disclose the specific actions taken with respect to goods assigned the status of "unclaimed cargo" upon the Customer's request and reserves the right not to process such requests.
2.2. To generate the order for export to the country of destination, the Customer should read the instructions posted on HELP page on https://meestshopping.com/independent-shopping
2.3. After the Customer creates the shipment order, the Contractor provides packaging of goods necessary for international transport and sends the Customer an invoice for payment of shipping services to the specified address.
2.4. By signing this Agreement, the Customer confirms that he is familiar with the list of goods banned for export as well as customs restrictions of the country of origin at the Contractors site https://meestshopping.com/restricted-items
3. Additional services and their cost.
3.1. The Contractor shall provide free use of his address to specify as the delivery address in the USA.
3.1.1. An exception is made for the Contractor’s additional addresses which are located in a tax-free state or form part of the process of providing a separate additional service.
3.2. Meest-America provides additional services as described on this page: https://meestshopping.com/our-services
4. The rights and obligations of the Parties.
4.1. Contractor is obliged to:
4.2. The Contractor has the right to:
4.3. The Customer shall:
4.4. Customer has the right to:
5. Responsibility of the Parties
5.1. Parties are responsible for failure or improper performance under this Agreement in the manner provided in this Agreement and according to the U.S. law.
5.2. The Contractor could not be held financially responsible for the goods delivered to his address without Customer’s name on the box, Customer’s ID (account number) or without tracking number of the courier service in the United States registered in the Customer’s account.
5.3. Contractor shall not be responsible for the quality and quantity of the goods.
5.4. In the case of force majeure, the Parties are released from the conditions of this Agreement. Under force majeure, refer to the events of an extraordinary, inevitable and unpredictable nature which exclude or hinder the implementation of the objective of the Agreement, the occurrence of which the Parties could not foresee or prevent by reasonable measures.
5.5. The Contractor's warehouses do not accept parcels with deferred payment for the value of the contents, unpaid customs charges, or other transportation services. All parcels sent by the Customer to the Contractor's warehouse must already be paid for. If a parcel is delivered to the Contractor's warehouse with cash on delivery (COD), the Contractor reserves the right to temporarily block the Customer's personal account until the Customer actually pays for such purchase.
6. Other conditions.
6.1. The Contractor reserves the right to unilaterally amend this Agreement with prior publication on his site.
6.2. Customer gives the Contractor the right to process their personal data, including personal data placed in the database of the Contractor (without further notice to the Customer) to implement permanent storage of data, its storage, update.
6.3. Customer gives the Contractor permission to receive information from Meest-America via e-mail, including special offers and promotions. (Customer can withdraw this consent at any time).
6.4. The Contractor reserves the right to refuse to accept for carriage any shipment if there is a suspicion that it contains prohibited items, or items that may pose a threat to human life/health, or may cause damage to or destruction of other shipments, among other things.
7. Term of the Agreement and the procedure for termination.
7.1. This Agreement shall come into force from the date of acceptance by the Customer and shall be valid until fulfillment of obligations by the parties, except for its early termination.
7.2. Either party may terminate this Agreement unilaterally in case of failure of one of the Parties to perform under the terms of this Agreement and under the terms of the U.S. law.
Сonditions one: Receipt and Freight
The Contractor accepts all consignments for carriage, with the exception of those prohibited from transport by the Universal Postal Union or from export by the country of origin and the country of destination, provided they have been delivered to the current address of the Contractor’s branch warehouse. The Contractor does not accept cash-on-delivery consignments, or consignments that are improperly packed or unmarked, and accepts no liability for the contents of the consignment, its integrity or its conformity with the customer’s order.
Сonditions two: Limitation of Liability
(I) ALL LIABILITY LIMITED TO $60.00
Liability of the Contractor for any loss of the Goods or contents shall not exceed Sixty Dollars ($60.00) plus the whole of the amount paid for shipping in the event of full loss of Goods, no amount for shipping to be repaid in the event of a partial loss, and notwithstanding that the loss or damage may be caused or contributed to by the negligence of the Contractor or its agents. Limitation of liability of the Contractor shall be applicable from the making of this Agreement until the Goods are delivered to the Consignee at the destination or to a postal service or equivalent.
(II) CONTRACTOR NOT LIABLE UNDER CERTAIN CONDITIONS
The Contractor shall not be liable for loss of the Goods caused by or arising from force majeure, acts of enemies of the Contractor’s country or the Recipient’s country, authority of law, quarantine, riot, strikes whether partial or general, perils of the sea or navigation of a ship, act or default of the Customer, inherent defect in the Goods, or any conditions beyond the control of the Contractor, including but not limited to:
The Contractor under no circumstances shall be liable for any material damage for any reason claimed to be a result of the failure by the Contractor for any reason to deliver in a timely fashion and/or full or partial loss of the Goods, except as specifically provided for herein.
(III) DELIVERY DATE ESTIMATES
Customer acknowledges that dates of delivery are estimates only and are provided without warranty or guarantee. The Contractor shall not be liable for any special, consequential or other damages to any party caused by any delay in delivery of the Goods under any circumstances. The Contractor shall not be liable for any damages claimed by or any payment of compensation of any nature to the Customer in the event of any delay in delivery of the Goods.
(IV) CONTRACTOR NOT LIABLE FOR DANGEROUS/PROHIBITED GOODS/CUSTOMER WARRANTY AND INDEMNITY
The Contractor shall not be liable for any loss by any party of any items that may be prohibited or contraband of any kind, for any reason, in the country of destination or any country through which the Goods may pass including, without limiting the generality of the foregoing, negotiable instruments, cash, precious metals, stones and jewelry, and any other objects that may by determination of the regulatory officials of said country or countries to be in the nature of luxury objects. The Customer acknowledges that the Goods will be subject to inspection by customs and other government agencies and the Contractor shall not be liable for any loss or damage of any kind to or in respect of the Goods as a result of or relating to dealings by agencies of any kind whether proper or improper. The Customer acknowledges that customs and similar inspections may result in delays to delivery.
The Customer acknowledges that it is prohibited and unlawful to include in the Goods being shipped any arms, controlled substances, explosives or explosive substances, flammables, dangerous goods, or any other similar objects. The Customer warrants and guarantees that the Goods contain no such items. In the event the Goods contain such items, the Customer admits liability and shall be solely responsible for and shall indemnify the Contractor against all claims, damages, charges, or suits made or brought in relation thereto. Any goods containing UN3480 batteries are considered to be dangerous goods and are prohibited for sending by air.
(V) CUSTOMER’S OBLIGATIONS
The Customer acknowledges having confirmed with the Contractor that it is the Customer’s obligation:
(VI) INSURANCE
The amount of any full or partial loss for which the Contractor may be liable shall not exceed sixty dollars ($60.00) unless the Customer purchases additional insurance from the Contractor. Insurance covers loss, full or partial, for which the Contractor may be liable to a maximum of two thousand five hundred dollars ($2500.00). And in the event of full loss the whole of the amount paid for shipping.
In no event shall liability of the Contractor for full loss exceed the insured amount plus the whole amount paid for shipping. The calculation of loss for partial loss shall be based on the weight of the lost Goods or the value of the lost Goods and will be calculated proportionally to and not exceeding the insured amount in the event of any dispute as to value of the Goods the Sender shall produce a store receipt confirming the cost of the Goods, otherwise the evaluation of the Contractor shall be final.
Сonditions tree: Notice of Claim and Claims Procedure
The Contractor shall not be liable for the loss of the Goods unless the Customer reports the loss to the Contractor. In the event that international postal delivery services are of unsatisfactory quality, including, but not limited to, damage to or loss of the consignment, the Customer may lodge a complaint within 14 calendar days of the expected delivery date. To make a complaint, Customer must submit a request with the relevant subject line via Meest Shopping account. All claim notifications must include:
The Contractor shall be discharged from all liability for loss arising out of this contract of carriage unless the Customer or Consignee commences legal suit by issue of an originating process in the appropriate jurisdiction against the Contractor within sixty (60) days of the delivery of the Goods, or within three (3) months of the estimated delivery date in the event of non-delivery.
Failure to commence such legal suit by originating process within that time period shall operate as a complete waiver of such suit and a release of any and all claims against the Contractor.
Сonditions four: Partial Invalidity and Severability
The terms of this Contract of Carriage shall be separable, and if any provision or any part of any provision be held by any court of competent jurisdiction to be invalid or unenforceable, the holding shall not affect the validity or enforceability of any other provisions or part in this Contract of Carriage.
Сonditions five: Limitation of Liability of Servants or Agents
It is agreed that no agent of the Contractor (including any independent contractor employed by the Contractor) shall in any circumstances be under any liability to the Customer for any loss, damage or delay of any kind resulting directly or indirectly from any act, neglect or default on the Contractor's part while acting in the course of or in connection with his employment and without prejudice to the generality of the provisions of this paragraph, every condition contained and every right, exemption from liability, defense and immunity of any nature applicable to the Contractor or to which the Contractor is entitled shall also be available and shall extend to protect any agent of the Contractor acting as mentioned and for the purpose of all provisions of this paragraph the Contractor is or shall be deemed to be acting agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors) and all those persons shall to this extent be or be deemed to be parties to the contract in or evidenced by these Terms & Conditions.
Сonditions six: Modification of Contract of Carriage
The Contractor reserves the right to substitute alternate modes of transportation for that selected by the Customer. Any exercise by the Contractor of this right shall in no way affect the maximum liability of the Contractor aforesaid. This Contract of Carriage constitutes the entire contract between the Contractor and the Customer. No agent or representative of the Contractor has authority to alter, modify or waive any provision of these Terms.
Сonditions seven: Applicable Law
This contract shall be interpreted and governed by the laws of the State of New Jersey.
