1. DEFINITIONS AND INTERPRETATION
Listed below the following terms that will be found in these terms and conditions.
“Site, Company” means www.thefbaprep.com (the Site) is operated by Shopogolic Limited in the United Kingdom.
“Services” warehousing, order processing, packing and/or dispatch services, labelling, storage to be provided by TheFbaPrep under this Agreement together with any other services which TheFbaPrep provides or agrees to provide to the Client.
“Goods” the goods and/or materials which are the subject of the Services.
“Supplier” means the person, firm or company whose name appears as the
addressee in the Purchase Order.
“Courier” means our carrier partners and others who deliver the consignments.
“Delivery Address” means the place of delivery assigned by the Client
“Us, We, Our” means www.thefbaprep.com (the Site).
“You, Client, Registered Member” means the customer who is contracted with us.
www.thefbaprep.com (the Site) is operated by Shopogolic limited in the United Kingdom. Shopogolic Limited is registered in England and Wales under company number 8385436,VAT number GB178621188. Our registered office is at Unit 2, Bermuda Road, Ipswich, IP3 9RU, United Kingdom
The terms contained in this document apply to all transactions for the Services.
Prices and fees for FBA prep - https://thefbaprep.com/FBA-Prep-Center
Prices and fees for fulfilment - https://thefbaprep.com/Fulfilment
Please read these Terms and Conditions carefully before you become a Registered Member. By registering as a Registered Member and using the Services you agree to be bound by these Terms and Conditions, which form a legal agreement between you and us and can only be amended with our consent.
We reserve the right to change these Terms and Conditions from time to time without prior notice to you. Any change will not affect the provision of Services in relation to any order that you place or Goods that we receive on your behalf from a Supplier before that change is implemented.
3. TO USE OUR SERVICES YOU HAVE TO BE
A business customer registered for VAT or other local sales tax in the European Community (a European Business Customer); or
A business customer registered in a country outside the European Community (a Worldwide Business Customer).
We are only able to receive Goods between 08:00 am and 17:00 pm Monday to Friday. When you place an order for Goods directly with a Supplier, you will need to provide full address and working hours to the Supplier. We will not be liable to you for any Goods delivered outside those hours.
4. SERVICES PROVIDED
We offer the following services (the Services):
Goods Preparation Services
Distribution and Delivery Services
Whenever you arrange for goods (Goods) to be sent to the unique thefbaprep.com address assigned to you when you became a Registered Member (your UK warehouse address), we will receive Goods on your behalf. You may arrange for Goods to be sent to your thefbaprep.com address in the following ways:
By placing an order directly with a supplier (Supplier), specifying your warehouse address as the delivery address. All goods have to be fully paid by you or your company.
Whenever we receive Goods at your thefbaprep.com address, we will contact you to arrange the preparation or forwarding of those Goods to your customer or any delivery address.
We will charge you a service fee for using the preparation, fulfilment or distribution services for the Goods arrived at your thefbaprep.com address.
The amount of the fees will be agreed with you when we contact you to arrange the service of your goods. As soon as we receive full payment of the entire Fee from you, we will dispatch the goods to your delivery address.
thefbaprep.com does not ship any items to any of the following countries: Nigeria, Cuba, Iran, Syria, North Korea, and limited regions or any embargo countries.
After you have become a Registered Member we will provide you with your unique thefbaprep.com address.
As a Registered Member, you will be responsible for all Goods sent to your thefbaprep.com address, even if another person is using your thefbaprep.com address. We will assume that any Goods we receive from a Supplier to your thefbaprep.com address have been ordered by you for us to forward to your Delivery Address (under the fulfilment Service). Therefore, you should be careful not to pass on details relating to your membership of the Site to anyone that is not authorised to arrange for Goods to be sent to your thefbaprep.com address.
Use of our website/software is free of charge, subject to change with prior notice.
In placing an order with us, you confirm that the Goods have been purchased from a retailer that is authorised to sell the Goods in the country in which you are based and the United Kingdom or partner's country. We do not accept any counterfeit, perishable, prohibited or hazardous goods.
Subject to condition risk in the Goods will pass to us on the date we receive the Goods. The risk in the Goods will pass to the Courier on the date we pass the Goods to the Courier.
Title in the Goods shall remain with the Supplier until you make payment in full for those Goods to the Supplier, at which point title will pass to you.
5. GOODS PROCESSING
After we have received the goods we will process them through our warehouse. While processing the Goods through our warehouse we may need to inspect the Goods, which could include opening packages where necessary. If we do this, we will re-package the Goods, so they are packaged to a similar standard to when we received them. Although we will use reasonable endeavours to avoid doing so, you acknowledge that as part of this inspection we may have to break the seals on some Goods. We do not accept any liability for any damage caused as a result (unless it is due to our negligence).
All Goods will be delivered to your Delivery Address by way of the fulfilment Service by a courier appointed by us (the Courier).
In certain limited circumstances (such as where we receive Prohibited Goods or Restricted Goods, we may, where we think it is reasonable, refuse to provide the Services in relation to Goods we receive from a Supplier. If this happens we will return the Goods to that Supplier or dispose of it.6. RESTRICTIONS ON YOUR USE OF THE SERVICES
You must not arrange for any Goods to be sent to us, or place an order for any Goods with us, where those Goods:
Maybe hazardous or dangerous;
Are not permitted for carriage by any couriers;
Prohibited by law of any EU countries or United Kingdom
Purchased by third parties;
Paid with any type of third parties accounts or cards
Cannot lawfully be delivered to the jurisdiction in which the Delivery Address is located;
7. IF PROHIBITED GOODS OR RESTRICTED GOODS ARE SENT TO US
We will have a right to dispose of it or return and charge you for any costs and expenses we incur. You will indemnify us and keep us and our employees, sub-contractors and couriers indemnified against any and all resulting losses, damage and/or injuries.
8. INTERNATIONAL DELIVERIES
You authorise us and our Couriers to complete any necessary documentation for the purpose of customs clearance (where we are legally permitted to do so).
Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist.
You will be regarded as the importer of any Goods that we send to you through the Services and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection by customs authorities.
We will aim to ensure that all Goods which we receive at your thefbaprep.com address are forwarded to your Delivery Address (by way of the Fulfilment services) as soon as possible. Goods received by us will normally be forwarded to you within 48 hours of receipt, although it may take longer where we, acting reasonably, suspect that Restricted Goods or Prohibited Goods have been sent to us, or that the Goods may be fraudulent or otherwise unsuitable for export.
Delivery times for the fulfilment Service vary according to your Delivery Address but should take no longer than 7 - 10 business days (excluding time spent in customs which is beyond our control) from the date on which we dispatch the Goods to you. Certain deliveries may require a signature to confirm receipt.
All delivery times indicated on the website are approximate based on the general statistics provided by courier services and are not guaranteed by the contractor.
We may, prior to dispatching the Goods to your Delivery Address (by way of the fulfilment Service) and in our discretion, contact you to offer you the option of receiving the fulfilment Service by way of a low cost or pallet based service as opposed to a normal Courier. Where you agree to receive the fulfilment Service in this way, we will agree with you an alternative Fees before we dispatch the Goods to your Delivery Address. When using this low-cost or pallet based service, your delivery time should not exceed 30 business days. We will not accept any liability for the loss, damage or destruction of Goods after they have been delivered to you.
10. PRICES AND PAYMENT
Before you place an order with a Supplier for delivery to your thefbaprep.com address, we suggest that you use the Price page to obtain an indicative price for us providing the Fulfilment Service to you.
The full fee that you must pay to us for each order (the Fee) shall comprise:
The cost of the Goods ordered (which shall be zero where you have placed an order directly with a Supplier and have already paid the Supplier for those Goods); and
Fulfilment, preparations, packing and delivery Fee agreed with you.
All prices on the Site are dependent on the country where service is provided.
Whenever we receive Goods at your thefbaprep.com address, we will contact you using the details you provided when you became a Registered Member (or subsequently) to confirm the full amount of the Fee and to take payment from you using your preferred payment method. If we are unable to contact you in order to make a payment, or you are unable to make a payment for any reason, we will promptly send to you an invoice for the amount of the Fee. For the avoidance of doubt, we will not dispatch the Goods to you until we have received full payment for the Goods and the entire Fee.
If we are unable to contact you within 10 business days of receiving Goods from a Supplier at your thefbaprep.com address, we may return the Goods to that Supplier.
You are responsible for the Courier’s costs where:
we return any Goods to you;
we return any Goods to the Supplier;
Where, under the conditions above, you are required to pay all costs, we will contact you so you may make a payment for those costs.
All payment cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be able to send your Goods, will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. In these circumstances, we will try to contact you again to obtain valid payment details. If you do not provide a successful Payment promptly we will deal with the Goods as we see fit.
We are not responsible for your card issuer or bank charging you as a result of our processing of your Payment.
All payment transactions will be processed on our behalf by our nominated payment merchant. This means that your credit/debit card details are provided directly to the payment merchant and are never revealed to us. The payment merchant shall operate a secure server to process your payment details. The payment merchant shall encrypt your credit/debit card information and shall authorise payment. We do not store credit card details nor do we share financial details with any 3rd parties.
11. REFUND / CANCELLATION POLICY
If we cannot provide any services, all deposited money will be returned to your account on our website and you will be able to withdraw these funds. We will make a refund within 3 working days. We are only able to refund funds on the payment method that was used initially to pay for this service. We have the right to charge a fee for any refunds outside the EU countries.
12. OUR LIABILITY AND OPTIONAL INSURANCE
Subject to the remaining provisions of this conditions, in relation to each consignment of Goods we receive from a Supplier for any of the Services, our liability to you in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the lesser of the:
Repair or replacement cost of the Goods contained in that consignment;
Liability of the Courier to us in relation to the Goods contained in that consignment; and
Where you have indicated that you would like a consignment of Goods to be insured whilst it is in the care of the Courier, we will arrange for our insurance policy to cover those Goods. The insurance will be provided to us by a third party insurer.
Where you place an order with a Supplier for delivery to your address, it is your responsibility to ensure that the Supplier is given the correct warehouse address details. We shall not be responsible for any incorrectly labelled deliveries of Goods. We shall only arrange for our insurance policy to cover Goods where you have indicated in the format of your address or when placing your order that insurance is required. We cannot be held liable for any mistakes in labelling made by the Supplier.
If you would like us to make a claim on the insurance policy on our behalf, you should notify us within 14 days of actual or scheduled delivery of the Goods (whichever is earlier). We will then make a claim on our policy on your behalf within the 30 day period under the policy.
You will be required to cooperate fully with us, and any person appointed by the insurer or Courier, in respect of the claim.
If the claim is rejected by the insurer, you agree that we shall have no liability to you in respect of that claim.
The option to repair, replace or compensate you for lost or damaged goods is at our discretion.
Nothing in this Agreement will limit or exclude our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.
13. FORCE MAJEURE
Company will have no liability to the Client under this Agreement for delays in performing its obligations under this Agreement or from carrying out its obligations by acts, events or accidents beyond its reasonable control, including without limitation act of God, war, riot, rule, accident, fire or storm.
We may engage agents and/or subcontractors to perform all or any part of the Services and such agents and/or sub-contractors (including couriers) will be entitled to the protection of all the terms in these Terms and Conditions which exclude or limit our liability.
Any formal legal notices should be sent to us at the address at the end of these Terms and Conditions by email or confirmed by post.
Failure by us to enforce a right does not result in the waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.
If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all