1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

GUIDELINES FOR REVIEWS

SOCIAL MEDIA

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Somervell, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Somervell, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

INTERNATIONAL TERMS OF SALE

As used in these Terms of Sale “Global-e”, “we”, "our" or "us" means the applicable Global-e Contracting Party (as defined below). Global-e is the sales facilitation and e-commerce partner of the brand or retailer operating this e-commerce web-store (“Store Owner” and “Store”, respectively), where the products or services were made available to you for purchase through the checkout ("Product"). The Store Owner has an agreement with Global-e allowing Global-e to act as the merchant of record, in Global-e’s name and on behalf of the Store Owner.

By placing your order to purchase one or more Products (each, an “Order”) through the checkout, you confirm that you have read and understood these Terms of Sale and the Privacy and Cookies Policy (which is available on the checkout) (together, “Terms”) in their entirety, and you agree to be bound by them. These Terms define your legal relationship regarding the checkout, the placement of Orders, and the purchase of Products underlying such Orders.

If you do not agree to the Terms, please do not complete your Order.

These Terms are entered into force in the English language and governed by it. You agree that any translation, if provided, is available for your convenience only (unless otherwise required by applicable law).

The "Global-e Contracting Party" under these Terms is the entity which will invoice you for the purchase of the Product as listed on your invoice and in the Contact Us page on the checkout. For details and contact information of Global-e Contracting Party please refer to the “Contact Us” page on check out.

1. Placing Your Order

Placing Orders through the checkout is reserved exclusively for individuals purchasing Products for their own personal use (“Consumers”).

By placing an Order, you represent and warrant that (i) the Order and purchase of Products thereunder is strictly and solely for your personal use, and not for resale, distribution or any other commercial activities; and (ii) you are legally capable (in terms of age and mental capability) of entering into binding contracts per the local legal requirements in the place where you reside.

Orders are placed through the checkout by clicking on the “Place Order” button (or similar button). The checkout displays the Products you purchase, the price thereof, international delivery costs and fees (“Delivery Costs"), any applicable import or sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination (collectively, "Duties and Taxes"). Please make sure you review your Order carefully, identify and correct any input errors prior to placing your Order.

As we offer you the option to purchase the Products in your local or chosen currency, the price of the Products may change from time to time due to exchange rate fluctuations. However, the price, Delivery Costs and Duties and Taxes (if available for pre-payment) of the Products you purchase, will be those that were displayed to you on the checkout at the time you actually placed your Order.

The checkout page will specify the payment methods available for your Order. The availability of such payment methods is dependent on your geographical location.

You acknowledge and agree that: (i) Global-e will use one of its third party payment processors providers ("Payment Processor") to process your payment (while Global-e is acting as the merchant of record), using the payment method you have selected on checkout and it may use the tools, technology or the services of the Payment Processors to process the transaction on its behalf; and (ii) you will provide valid and current information about yourself.

If the payment method you selected for the Order supports pre-authorization mechanism (e.g. most credit/debit cards), then when you place the Order, the applicable amount will only be authorized, and you will be charged on the earliest of up to 5 days as of date of Order or once the Product has been dispatched to you.

If the payment method you selected does not support pre-authorization mechanism, the charge will be immediate upon placing the Order (noting however that specific payment methods may support a different timing and we may not know or be in control over such timing, if applicable. Please check your selected payment method’s terms of service for more details). Please note that you will be charged the full Order amount even if the Order will be dispatched in parts or if it is a ‘pre-order’ or similar type of order.

The Store displays the characteristics of the Products you order. There could be minor differences between the Products you eventually receive and their visual display on the Store or checkout (e.g. in relation to appearance / color / texture / finish) as all pictures and images of Product displayed are for illustrative purposes only. Where dimensions and measurements are provided in the description of each Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose (including whether there is appropriate and safe access to your delivery address for delivery of the Product), please read the descriptions and details of the Products carefully before placing the Order. This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.

2. Order Acceptance and Confirmation

The information contained in these Terms, and the data contained on the Store and checkout, constitute only an invitation to contract. Your Order is not accepted (and therefore no commitment is made to sell or provide you with the Products), and no contract for the sale of such Products will come into effect, until you receive an email explicitly stating that the Order has been accepted and confirmed ("Order Confirmation"). The contract is concluded in the dispatch country (where the contract for the sale of the Order is concluded).

The Order is subject to fraud checks and other mandated regulatory checks (such as ‘Denied Parties Screening’). You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order (mainly if there is suspicion that the identity, address, email address and/or payment information were used fraudulently or in an unauthorized manner).

In certain circumstances your Order may be declined or cancelled (in full or in part), whether before, or after an Order Confirmation was received. For example we may, in our sole discretion, decline or cancel (in full or in part), any Orders which did not successfully pass the above mentioned fraud and regulatory checks, any abnormal Orders, any Orders which are suspected to be placed in bad faith, Orders which were not placed by Consumers, Orders in which the payment information you provided cannot be verified, or if a Product included in the Order is unavailable.

We also reserve the right, in our sole discretion to decline or cancel an Order (in full or part) in case of actual or suspicious circumstances (related to us, you or any third party) of a good faith, genuine or honest error, mistake or misunderstanding (an “Error”) where without such Error the Order would not have been accepted or dispatched and a contract to sell the Product(s) underlying the Order would not have been agreed to. An example could be a speciously low price for an item otherwise costing significantly more and not in the context of a ‘sale’ or special promotion. We will be under no obligation to honor an Order in such erroneous circumstances.

In each event described above where an Order was cancelled or declined, you will be refunded in accordance with these Terms (provided your payment was processed successfully).

Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and exceeding Orders could be declined at any time for that reason, without notice.

We are not required to provide a reason for declining or cancelling any Order, though we may do so in our sole discretion.

3. Duties and Tax

You may be offered to pre-pay Duties and Taxes on checkout. Not all products and not all destinations support pre-payment of Duties and Taxes, and we cannot guarantee that your Order will be eligible for such pre-payment. The Store or checkout will provide details, itemize or indicate if the price paid is inclusive or exclusive of Duties and Taxes before you complete and place the Order.

If Duties and Taxes were not paid when you placed your order, either because you so elected or because pre-payment is not available in the delivery destination (or for any other reason): (a) you are advised that the amount of Duties and Taxes displayed under the pre-payment option on the checkout is only an estimation and may not reflect the amount of Duties and Taxes actually charged to you by the broker, carrier or the relevant authority, which such amount might be higher than the estimation; and (b) you will be fully responsible for paying all applicable Duties and Taxes directly to the relevant authority as determined and assessed by such authorities. Global-e and the Store Owner will have no responsibility or liability in connection with the foregoing. Moreover, if you fail to pay any Duties and Taxes without reasonable reason, causing the liability to fall on us, the carrier or any third party (including the Store Owner), the amount of such Duties and Taxes may be deducted from any refund or other amounts you may claim.

Global-e may contract with customs brokers or use fiscal representatives to act on its or your behalf for the purposes of clearing the Order into the market. We may also act as, or use our intra-group affiliates as, a ‘customs declarant’ to clear the Order into the market in our name but on your behalf. Your agreement to these Terms constitutes a consent and authorization for such customs brokers, fiscal representatives or intra-group affiliates to act on your behalf (as an agent, declarant or as otherwise applicable) to: (a) transact with the applicable authorities, (b) complete, submit and execute related documents on your behalf in connection with the import and clearance of Products, (c) facilitate payment of Duties and Taxes and customs clearance; and (d) if applicable, return such Products (subject to these Terms).

You (and not Global-e or anyone on its behalf) will be fully responsible for claiming back any Duties and Taxes from the applicable authority, no matter what the process of payment was thereof, to the extent possible, in cases of a returns or any other eligible circumstances. Global-e and the Store Owner will have no responsibility or liability in connection with such drawback claim.

If you elected not to pre-pay Duties and Taxes, or failed to pay Duties and Taxes, or refused to accept Product not in accordance with a due cancellation procedure under these Terms, in each case resulting with the Product being returned or need to be returned, then, in addition to the above, you may be liable for the return costs and charges, and may not be reimbursed or refunded for the Delivery Costs paid by you for making the delivery to you. You may also be charged with additional direct or indirect charges resulting from said failure or refusal.

4. Title Risk; Risk; Importer of Record

The title to the Products ordered is transferred from Global-e to you prior to import, provided we are satisfied that a full payment of the Order amount was made or can be made.

Risk of damage or loss is transferred to you upon delivery to the delivery address specified in the Order (in case you have selected not to pre-pay Duties and Taxes, such location will be deemed to be the port of entrance to the import destination).

YOU WILL BE CONSIDERED AS THE ‘IMPORTER OF RECORD’ OF THE PRODUCT, AND WE (OR SOMEONE ON OUR BEHALF) WILL ONLY BE FACILITATING THE IMPORTATION ON YOUR BEHALF, AS YOUR AGENT, AND MAY, IN CERTAIN CASES, ACT AS THE ‘DECLARANT’ FOR THE SOLE PURPOSE OF FACILITATING THE CUSTOMS CLEARANCE (HOWEVER THIS WILL NOT CHANGE YOUR STATUS AS THE IMPORTER FOR PERSONAL USE PURPOSES).

YOU ARE RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE CORRECT STANDARDS FOR YOUR DESTINATION.

Please note that documentation such as packaging, user manuals, product care labels, handling instructions or safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Product or parts thereof; the Product (and accompanying materials) may not be designed in accordance with the standards, product regulations, specifications of the destination to which you import or labelled in accordance with the requirements applicable in your destination, or in yours or the destination’s language; if the Product is powered, it may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Product).

5. Fulfillment, Handling and Delivery of Orders 

The delivery and fulfillment of your Order is carried out by various service providers, which will be selected and operated by us or by the Store Owner (a "Fulfillment Provider").

Some Products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such limitation, either on the Store or checkout, and the checkout should not permit you to submit your Order if the Product cannot be delivered to your specified address. However, we reserve the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered as such.

Delivery will be completed when the Product is delivered to the address chosen by you as specified when placing your order (in case Duties and Taxes were not paid, that may include the port of entrance to the country destination). Different parts of your order may be delivered on different dates.

Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout (or on the Store) are estimates only. The Order will be delivered by the latest delivery time set out on checkout (based on the delivery method you selected, if such selection was available for your Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time.

Global-e and the Store Owner have no liability for any loss arising from delay in delivery to the extent such delay is due to circumstances beyond reasonable control or where no reasonable steps could have been taken to deal with the delay. For example, delays resulting from customs clearance procedures, lockdowns or other actions of the authorities are outside Global-e’s or the Store Owner’s control, as well as any delay resulting directly from your actions or omissions.

If you receive notification of an attempted delivery, it is your responsibility to use the details provided to contact Fulfillment Provider for re-delivery. Efforts will be made to deliver your Product according to the details in the Order.

6. Special Provisions - Payments
Depending on your location, payment may be made to an intra-group affiliate, and such payment will constitute a payment to us and will discharge you from your payment obligations in connection with the Order and purchase of the underlying Products.

We may not be able to control additional charges, fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your own bank, card issuer or the payment method you selected. We may not have any knowledge in advance of the applicability of such fees or surcharges nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies. Global-e’s sole commitment in this respect is to acquire the amount specified on checkout in your selected currency.

Global-e takes the safeguarding of your payment details seriously, but we may not be able to prevent, and cannot be held liable for loss you may suffer if a third party procures unauthorized access to your payment details when accessing or ordering from the Store.

The transaction statement (of your chosen payment method) regarding the Order you placed with us will look substantially like this: **Global-e//Store Owner name**.

Payment by Invoice with Klarna: In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Product using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Global-e accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Product using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use of your personal information. Global-e shall have no responsibility for their use of your personal data.

Payment by Cash on Delivery: If available in your destination, you may be offered Cash on Delivery ("COD") as one of the optional payment methods. If so, please be advised that the maximal amount that can be paid using COD is limited in accordance with applicable local laws in your destination and, may also be limited by the Store Owner in accordance with its policies or the carrier. The Products will only be handed to you subject to and after you have signed the delivery note and paid the Order amount in full.

When using PayPal/PayPal Express as a payment method (if available), the full amount of your purchase may be charged immediately following the placement of the Order.

Pre-Payment shall not affect your legal rights under these Terms (including for example any right to refund). If shipping, delivery or fulfillment obligations cannot be performed (subject to these Terms), you will be notified (notably via email) and a refund of the pre-payment will be made without delay.

7. Returns Policy

THIS RETURNS POLICY APPLIES TO ALL CUSTOMERS, BUT DOES NOT APPLY TO FAULTY PRODUCTS OR TO SUCH OTHER EXCLUDED PRODUCTS AS FURTHER DETAILED IN CHAPTER ‎8 BELOW (“LIMITATION ON RETURNS POLICY, WITHDRAWAL RIGHTS AND CANCELLATION RIGHTS”).

PLEASE VISIT THE STORE OWNER’S POLICY AVAILABLE ON THE STORE AND CHECK IF ANY ADDITIONAL LIMITATIONS APPLY.

Instructions for Return:

The return request must be made within 30 days from the date the Order was placed (unless otherwise specifically stated in the Store Owner’s policy, or required by applicable specifically prevailing consumer law).

If you wish to return one or more Products your purchased pursuant to these Terms, the following instructions apply:

• You must first inform of your decision to return the Product by a clear statement made through the returns portal and follow the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Store, or on the Online Support link (if available) in the Order Confirmation, then you must inform of your intent to return your Order through Store Owner’s customer support, which will guide you through the process.

• A return Product authorization ("RMA") number will be provided to you (through the portal (if applicable) and via e-mail) and, if applicable, a return shipment label will be generated.

• Promptly thereafter you will send back the returned items or hand those over as per the instructions provided to you in the return portal. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The RMA number must be included in the return package.

• Unless otherwise specifically stated, items must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents.

• All returns could be subject to strict quality control to ensure that the returned items satisfy these requirements. If the item does not meet such standards, the return and refund could be refused or the Product devaluation will be deducted from the refund amount.

• Upon receipt of the returned item and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned item and such other fees, if applicable pursuant to these Terms.

Some or all initial Delivery Costs you paid in connection with the Order may be reimbursable or refundable, if applicable based on these Terms and the Store Owner’s Policy. However, any delivery and clearance costs you incur when returning items may not be eligible for reimbursement or refund other than in the event of defective Product, where you will be reimbursed for the delivery costs.

From time to time, in select destinations, the Delivery Costs of returning returned items may be pre-paid on your behalf. Such coverage (or the absence of it), will be indicated clearly on the Store before checkout.

Duties and Taxes are normally non-refundable, for further information please review the Section captioned “Duties and Taxes”.

Title and risk to the returned items will not transfer back or assumed until such items physically arrived back to the returns facility, and therefore you are advised to use a courier service offering tracked service, and to have adequate insurance to cover the cost of the goods in transit.

Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction. Notwithstanding the forgoing, if Cash On Delivery was used as the payment method of your choice, we will either reimburse you through your bank account or PayPal account (and not in cash) and you will be required to provide such details for us to process the refund.

This returns policy is in addition to, and does not affect, the separate legal cancellation right which is available only to EEA Consumers and withdrawal right which is available to UK Consumers, in some circumstances as explained below. For special provisions regarding Consumer Withdrawal Rights (European Economic Area only) or Consumer Cancellation Rights (UK only) – please refer to Annex 1.

8.Limitation on Returns Policy, Withdrawal Rights and Cancellation Rights
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CERTAIN TYPES OF PRODUCT ARE NOT ELIGIBLE FOR CANCELLATION, WITHDRAW OR RETURNS, INCLUDING THE FOLLOWING: FRAGRANCES, SEALED GOODS (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY), COLLECTIBLES, MYSTERY BOXES, SWIM WEAR OR OTHER PRODUCT WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY. ADDITIONALLY, THERE IS NO RIGHT TO CANCEL, WITHDRAW FROM OR TO RETURN A PRODUCT WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED, UNLESS THERE IS A MANUFACTURING ERROR OR PRODUCT DEFECT. WE RESERVE THE RIGHT TO REFUSE PERSONALIZED ORDERS AT OUR DISCRETION. IN THE CASE OF INAPPROPRIATE USE OF THIS SERVICE, YOUR ORDER WILL BE CANCELLED AND FULLY REFUNDED OR SENT WITHOUT PERSONALIZATION.

Only the buyer will be entitled to any rights of return, cancellation or withdrawal (as applicable) and a refund of applicable monies. In no event will a person who has received the Order as a gift be entitled to receive a refund.

This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.

9. Limited Warranty; Returns Policy for Faulty Product

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make Store Owner aware of the problem, in accordance with your legal rights under applicable laws. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform Store Owner as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law.

For Products shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. If warranty is valid and not limited by your jurisdiction, then the warranty period is as set out in the product description. Consumers in some jurisdictions may have legal rights under applicable local legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771, these rights are not affected by this limited warranty.

10. Liability 
There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits the liability for personal injury or death, or liability for fraud. You might have certain rights under applicable consumer legislation explicitly prevailing the governing law hereof, including legal rights relating to faulty product(s). Nothing in these Terms will affect these explicitly prevailing legal rights.

SUBJECT TO THIS, IN NO EVENT WILL GLOBAL-E OR THE STORE OWNER HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THESE TERMS. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED. THE LIABILITY OF GLOBAL-E AND STORE OWNER GROUP TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THESE TERMS WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.

GLOBAL-E AND THE STORE OWNER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND GLOBAL-E AND THE STORE OWNER ARE NOT RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCES.

You must give Global-e and the Store Owner a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

It cannot be guaranteed that the Store or checkout will be uninterrupted or error-free. Global-e and the Store Owner are entitled without notice and without liability to suspend the Store or the checkout for repair, maintenance, improvement or other technical reason.

To the maximum extent permitted by applicable law, Global-e and the Store Owner shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

11. Intellectual Property Rights

Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

12. Governing Law and Disputes

These Terms are governed by the laws of England and Wales.

When a specific applicable law (namely specific consumer laws in your country), explicitly prevails the laws of England and Wales, then with respect to the prevailing subject matter, the governing law of such matter will be that specific law.

If any provision of these Terms shall be held to be invalid, illegal or unenforceable, pursuant to an explicit prevailing law, that provision shall be enforced to the fullest extent permitted by the applicable prevailing law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

You hereby agree to the fullest extent permitted by applicable law, that you irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to these Terms.

You are hereby informed that in the event of a dispute arising out of or relating to these Terms, you may have a right under applicable law to file a complaint with an alternative dispute resolution institute.

To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of London, United Kingdom.

13. Miscellaneous 
Communications will be made in the English language and electronically by sending email or otherwise posting electronically.

Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here: https://investors.global-e.com/corporate-governance/documents-charters).

Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later).

Headings used in these Terms are for information and not binding.

These Terms, or any part thereof, may be assigned by us to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.

Global-e and the Store Owner reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the checkout, as Global-e reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Global-e, the Store Owner or the public.

The Store and/or checkout may contain links to third party Stores or services that are not owned or controlled by Global-e. Global-e is not affiliated with, has no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party Stores. You: (i) are solely responsible and liable for your use of and linking to third party Stores and any content that you may send or post to a third-party Store; and (ii) expressly release Global-e from any and all liability arising from your use of any third-party Store. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party Store that you may choose to visit.

Global-e reserves the right to modify these Terms at any time by posting the changes on the checkout or the Store. Such change will take effect on the posting date of the revised Terms, and your use of the checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.

These Terms constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Global-e or our intra-group affiliate acting on our behalf, and that no public filing requirements apply.

If you have any questions or complaints about Global-e, these Terms or the checkout, please contact us at service@Global-e.com or at our applicable trading address of the applicable Global-e Contracting Party.

CONTACT US

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