AGREEMENT FOR SERVICES AND POSTAL ADDRESS - SERVICES AND GENERAL OBLIGATIONS
1. SERVICES IN GENERAL: :
This agreement is entered into by and between SkyShop Logistics, Inc. dba "PuntoMio" (hereinafter referred to as "PuntoMio") and You (hereinafter referred to as the "Customer"). PuntoMio will provide the Customer with 2 postal/street addresses, which will be assigned for his/her exclusive use in Miami-Dade County, State of Florida, USA and in London, UK (the "Suite"). The PuntoMio service consists of the receipt of mail and/or merchandise, screening, consolidation, forwarding and air shipment from Miami, Florida, USA or London, UK to the home country of the Customer, including final local delivery to the address as identified by Customer in the Registration Page (the “Delivery Point”), including all actions required for customs clearance. The Customer will inform PuntoMio of the Delivery Point in writing (electronically) in the "Registration Page", which shall include the exact address where the mail and/or merchandise should be delivered. PuntoMio offers its Customers the option to reject unsolicited mail and/or shopping catalogs ("Junk Mail"). Notwithstanding this, and in spite of our best efforts, we cannot assure that all unsolicited mail pieces will be removed by our screening process. Therefore, PuntoMio shall not be deemed responsible for any billing resulting from the delivery of unsolicited mail to Customer and Customer agrees that PuntoMio shall not be responsible for such costs. Customer acknowledge that PuntoMio reserves the right not to accept any order for the PuntoMio delivery service from You and/or to limit the number of orders that can be placed for the PuntoMio delivery service by Customer.
2. PAYMENT AND COSTS:
The Customer hereby authorizes PuntoMio to charge the Customer’s Credit or Debit Card the following for the charges for the services::
a. The annual membership fee (if applicable) for the assignment of the postal/street address ("Annual Fee") in Miami, Florida, USA and London, UK. Each year, the Annual Fee (if applicable) will be automatically charged to the Customer’s credit or debit card, upon renewal of the membership, under the discrimination “PuntoMio Annual Membership.” PuntoMio will only refund any unexpired element of the Annual Fee if PuntoMio has terminated the Agreement on 30 days notice under Clause 21 and the Customer is not in default of this Agreement. In all other circumstances, the Annual Fee will be non-refundable and will not be returned if this Agreement is terminated. Any change in the Annual Fee will be communicated to the Customer via email with 30 days advance notice.
b. Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by PuntoMio. These charges are based on airline charges, fuel and security charges and are subject to change without prior notice.
c. Applicable import duties, VAT taxes and other taxes and fees as set by the destination country customs and fiscal authorities.
d. Expenses for local shipment to final destination;
e. There is included in the costs of shipment damage and product loss coverage for the Customer’s objects and merchandise stored by and under control of PuntoMio, limited to US $200.00 or equivalent in the currency of the Customer’s home country per shipment. PuntoMio’s liability is expressly limited to its obligations for handling the packages in Miami, Florida or London, UK, for the procurement of products for the Customer in Miami, Florida or London, UK and for the courier services to the Customer’s local country destination, except when there is any applicable law to a maximum of US$200.00. The Customer acknowledges and accepts that PuntoMio may, at its option, obtain insurance coverage in excess of that amount for the benefit of and at the expense of the Customer. Customer understands and agrees that any such coverage will be limited to no more than US $2,500. The Customer acknowledges that it is responsible for obtaining insurance to cover values in excess of US $2,500. In addition, PuntoMio reserves the right not to insure certain products. If any questions arise concerning product insurance, please contact Customer Service.
f. If PuntoMio is not able to receive an approval from the Credit Card company or bank and the Customer has not provided another valid credit or debit card, the package shall be considered abandoned and shall become the property of PuntoMio and at the sole option of PuntoMio be discarded, sold or returned to the seller after sixty (60) days from its arrival to our facility in Miami, FL or London, UK.
g. The annual or monthly fee (if applicable) for a given country for the assignment of the Suite will be clearly stated upon initial registration or annual renewal of the Suite. PuntoMio will charge the Customer the expenses with freight, any applicable insurance, customs rights, handling and shipment, as well as possible commission costs and other costs referred to above, if applicable, upon arrival of the merchandise or material to the assigned Suite. The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer unless the Customer is using the Concierge Service or has made purchases from SkyShop’s PuntoMio Mall. In accordance with Clause 10, PuntoMio shall not be responsible for possible delays caused by expired, denied or void credit cards. The Suite number will only become available to the Customer after the final credit card approval. Customer shall have no right to have any mail or packages delivered to the Suite until such credit approval is obtained by PuntoMio.
3. DOCUMENTS OF CHARGES AND COSTS:
PuntoMio will make available to the Customer, upon reasonable request and availability, documentation regarding charges and costs (fees and import duties and taxes) which are the subject of credit or debit card charges.
4. PERMIT AND AUTHORIZATION:
The Customer grants PuntoMio unrestricted power to accept mail, documents, merchandise or any other parcels addressed to the Customer. The Customer grants permission and authorization for PuntoMio to perform the necessary procedures, such as opening and verifying the contents of packages to ensure complete orders, undamaged merchandise, completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer agrees to take any action or sign any document which becomes necessary to update or enhance said power. The Customer hereby agrees that PuntoMio shall not be deemed responsible for any claims against PuntoMio arising from the reception, handling, consolidation and/or shipment of mail, except when PuntoMio has acted in a fraudulent or grossly negligent manner.
5. CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION:
i. The Customer hereby commits to accept the postal and import laws of his/her own home country and of the United States of America (USA), United Kingdom (UK) and of the European Community. The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by The Transportation Safety Administration (TSA) in the USA, Civil Aviation Administration (CAA) in the UK and the relevant country or countries of transit and the country of destination. The Customer is solely responsible for knowing all rules and restrictions before ordering shipments through PuntoMio. PuntoMio shall not be deemed responsible for merchandise loss due to customs seizure.
ii. PuntoMio reserves the right not to forward and to refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to PuntoMio. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to PuntoMio all required documents for such licensing in accordance with PuntoMio’s required timescales. In cases where PuntoMio has not received the documents and the license required to proceed with a given shipment, PuntoMio shall notify the Customer to provide them within five (5) days. In case the missing documents are not supplied within such time, the goods will be retained and stored for 60 days. After 60 days, if no required documentation and/or information is provided, the merchandise will be subject to the procedure as set forth in Clause 2-f herein.
iii. In addition, the Customer hereby authorizes SkyPostal Inc, the logistics provider, to inspect, open and repack every package which it will come to handle as part of this Agreement, and PuntoMio shall not be deemed responsible for any additional requirement as stated in any applicable law.
b) FREIGHT COSTS and DIMENSIONAL WEIGHT:
The freight charges are based on the actual weight of the mail or merchandise except for: Dimensional Weight - The weight/volume rate rule will apply to some articles whose actual weight in kilograms is lower than the volume (length x width x height) in cubic centimeters divided by six thousand (6,000). (E.g. a shipment of one kilo of pillows measures 50 centimeters in length by 50 centimeters in width by 50 centimeters in height or 125,000 cubic centimeters. The dimensional weight that will be charged will be 125,000 divided by 6,000 or 21 kilos. If you are using inches and pounds and you are shipping a stroller that weighs 30 lbs, the calculation is say 20 inches in length, 20 inches in width and 20 inches in height or 8000 cubic inches. The applicable dimensional weight will be 8000 divided by 166 or 48 lbs.)
6. IMPORT TAXES AND OTHER TAXES:
The Customer shall be responsible for the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination. PuntoMio will provide all required procedures for the customs clearance of the products coming from the Customer’s Suite, and will charge the Customer’s international credit or debit card or, at its sole discretion, or will submit a bill for the Customer to pay locally. Please, review our Frequently Asked Questions (Pricing, Customs) for additional information on customs taxes.
7. FLORIDA SALES USE TAX:
PuntoMio has negotiated an agreement with the Florida Department of Revenue which designates PuntoMio’s US Address in Miami as a Tax Free Zone exempt from the Florida State and Miami Dade County Sales Use Tax of 7%. You must use this address to avoid the Sales Use Tax:
Your Suite No. Assigned
7701 NW 15 Street
Miami, FL 33106-8400
PuntoMio has no control over the merchants you shop with that may not have current tax rate tables. PuntoMio assumes no responsibility in the event that a merchant charges you the Florida Sales Tax. If you notify our Customer Service at email@example.com and provide a scanned copy of the invoice from the merchant, as a courtesy to you PuntoMio will attempt to notify the merchant of the sales tax exempt designation. PuntoMio does not guarantee that the merchant will refund you the sales tax charged or change its database for future purchases. In the event that the merchant refuses to refund your sales tax charges, you may wish to write to the Florida Department of Revenue at the following address:
Office of the General Counsel
Florida Department of Revenue
PO Box 6668
Tallahassee, FL 31314-6666
You should specify that you use SkyShop/PuntoMio address at 7701 NW 15 St. Miami, Fl. 33106-8400 as your US Address and that you have been informed that purchases sent to this address for international forwarding are exempt from the Florida and Miami Dade County Sales Use Tax. As a result of this tax exemption, PuntoMio cannot permit shipments to be sent to the Tax Free Zone address for pick up by you or for forwarding to another address in the United States.
Shipments arriving at the 7701 NW 15 St Miami, Florida 33106-8400 that cannot be shipped internationally will be returned to the sender or merchant. A handling charge of US$10.00 per shipment will apply.
8. YOUR UK ADDRESS & OTHER SERVICES:
Below is your UK address that you should use when making purchases in Europe. Subject to the provisions as set forth in Clause 2 herein, the Customer is entitled to pick up his/her goods in London, upon 2 days notice to Customer Service, by visiting our UK facility at:
Your Suite No. Assigned
5 Anthony Way
London N18 3QT
The handling cost for pickup service by you is £10.00. In addition, upon prior written notice to PuntoMio and only where agreed to by PuntoMio (which PuntoMio has absolute discretion to refuse) the Customer may require PuntoMio to ship the products to an Address other than the Delivery Point. The Customer will be charged the regular freight costs plus an administrative cost of £10.00. The Customer may also require PuntoMio to return the merchandise to the seller in the relevant country. In that case the Customer will also be charged the applicable freight costs plus an administrative cost of £10.00. This re-forwarding service is only available for shipments arriving at the UK address. It is not available at the Miami Tax Free Zone.
9. DELIVERY SERVICE TO DESTINATION:
PuntoMio will receive, screen and forward to the Customer’s local address in his country the products or documents shipped to his/her Suite in Miami or London. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by PuntoMio to his/her American Express Card, as set forth in Clause 2 herein. In case the merchandise would arrive at the PuntoMio warehouse in Miami or London without an accompanying invoice, where applicable, PuntoMio will request the invoice from the Customer. When no invoice is available, PuntoMio reserves the right to issue an estimated pro-forma invoice based on the value as established by the seller or a similar store, and will proceed with the shipment processing with such a pro-forma invoice. The Customer shall indemnify PuntoMio for any losses or damages it might suffer resulting from the issuance of said pro-forma invoice, including court and legal fees, even if the estimated invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise.
10. RECEIPT AND DELIVERY GUARANTEE:
Shipments shall be processed within an average lead time of 2 working days from their arrival date in Miami, Florida, USA or London, UK, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the credit card is valid. Dates and times for delivery or performance by PuntoMio are estimates only and PuntoMio shall not be liable for any loss, damage, cost or expense caused directly by any delays in delivery. You may not terminate this Agreement by reasons of any delay in delivery. You also acknowledge that PuntoMio may deliver early. PuntoMio shall not be responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airlines, customs or documentation. PuntoMio will attempt to deliver the merchandise to the final destination as determined by the Customer as many as three (3) times. After the third unsuccessful try, the product will be retained at our local facilities in country for a period of 60 days. After that time length, the package will be considered as abandoned and will become the property of PuntoMio and may be discarded. In such circumstances, the Customer shall not be entitled to any refunds in respect of any charges already paid to PuntoMio.
11. CLAIMS FOR LOSS OR DAMAGE:
Claims for lost or damaged merchandise must be filed within 60 days of shipment. Claims are considered filed when fully completed claim form, photographs, and receipts are received by PuntoMio. Claims are reviewed individually and this review process will take a minimum of eight weeks. Specific commodities have limits of liability in case of loss or damage including televisions, computers, electronics, jewelry, figurines, furniture and lighting regardless of Declared Value or Insurance paid. Claim liability for damage is limited to the lesser or either Declared Value, Proof of Purchase or Specific commodity liability limit. Claim liability for damage to items prepackaged by manufacturer will be limited, including all such commodity groups listed above. Failure to file a completed claim within the 60 days time limit set forth above will invalidate the claim
12. DENIAL OF RESPONSIBILITY FOR THE PRODUCTS:
PuntoMio shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipment to the Suite by the supplier.
13. TITLE TO GOODS:
Title to the product(s) you order from a Supplier directly, via our Concierge Service or Mall shall at all times after the moment of your purchase/order placement from the Supplier will remain with you.
14. RESPONSIBILITY FOR AIR TRANSPORTATION:
PuntoMio shall act only as a courier. PuntoMio will ship the products which are received at the Suite on behalf of the Customer to the Delivery Address in your country as provided by the Customer in the "Registration Page."
15. NON-COMMERCIAL USE INTENT AND COMPLIANCE WITH U.S. EXPORTS AND SANCTIONS LAW(S)
The product(s) ordered through this website using the Concierge/Personal Shopper or Mall services is intended for non-commercial use, and purchase of any of the product(s) for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from PuntoMio will not be exported, sold, or transferred in violation of the Export Administration Regulations administered by the Bureau of Industry and Security of the U.S. Department of Commerce, or other regulations or applicable United States-imposed Sanctions, embargoes and other limitations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
16. POWER OF ATTORNEY AND APPOINTMENT OF PuntoMio AS CUSTOMER'S AGENT:
PuntoMio Customers must appoint PuntoMio as the agent for the PuntoMio Customer for the performance of customs clearance, preparation of shipping documents, with full power of attorney to act as such an agent of the PuntoMio Customer to the extent allowed by law for the specific purposes enumerated in this Section, including without limitation preparation of a certificate of origin, an SED, airway bill or any other document required to ship merchandise to Customer. If a Shipper's Export Declaration (S.E.D.) is required, or preparation of a Certificate of Origin for goods manufactured and originating within the United States on behalf of the PuntoMio Customer when one is required, PuntoMio will file the required export information on behalf of the PuntoMio Customer as its agent pursuant to this section. The PuntoMio Customer must acknowledge that it has a duty to and is solely liable for providing all information required by United States' laws and regulations, including without limitation, information required by 15 CFR sec. 30 and maintaining all records as required under the customs or other government agency laws; PuntoMio assumes no responsibility to act as a record-keeper or record-keeping agent for the either the Customer or the USPPI. The Customer is responsible to supply to PuntoMio all information regarding the USPPI, including its name and employer identification number (EIN), and the ECCN, Schedule B classification and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Statistics Regulations (FTSR).
17. INTERNATIONAL TRANSACTIONS:
Some manufacturers or some of the supplier may restrict the sale of certain of the products they produce or sell to buyers located outside the United States. In such cases, your order may be cancelled at the sole option of such Supplier in the event that the Product(s) you order cannot be shipped to the country of your residence, or if we believe, in good faith, that shipping the order will violate any laws. PuntoMio will not ship to persons and /or entities identified on any U.S. Department of Commerce Denied Persons List, Entity List of Proliferation Concern, on the US State Department Debarred Parties List or the Designated Nationals exclusion list, the BIS "Unverified List" and the "List of Specially Designated Nationals" maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; nor will PuntoMio or its Authorized Export Agent ship the Product(s) to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations..
18. RETURNS OF MERCHANDISE:
You agree to contact the Supplier only for written return authorization (RMA-Return Merchandise Authorization No.) before refusing to accept, or returning, any of the product(s) you purchase using this website. PuntoMio offers limited free returns with certain marketing partners. Unless otherwise stated, if a return is authorized by the Supplier in question, you agree to pay for any shipping and handling costs incurred by PuntoMio in shipping the Product(s) being returned to the Supplier in question. PuntoMio may offer a free return from your country to Miami, but if the merchant does not offer free returns in the US, a charge may apply. PuntoMio will provide you with information and instructions on where to make your return parcel available for return to the Supplier. Any refund for any of the Product(s) returned shall be the obligation of the Supplier and you agree not to look to PuntoMio for any reimbursement to you for the original sales prices of the Product(s) returned or the cost of any unrecoverable charges (such as shipping, insurance, handling, packaging, customs duties and the like). No return will be accepted by PuntoMio if payment has not been made by you. Any request for reimbursement of duty and/or taxes paid for orders shipped to you must be made directly by you with the revenue authority and/or customs office in your country.
19. YOUR ACCOUNT:
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PuntoMio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Customer shall indemnify and keep indemnified PuntoMio at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis), customs fines, tax or complaint for damages, brought by a third-party against PuntoMio as a result of the shipment to the Customer, so that PuntoMio will be held harmless.
21. ALTERATIONS IN CHARGES/COSTS:
The listed charges are subject to change without prior notice. PuntoMio reserves the right to charge an annual fee, as set forth in Clause 2 herein. The annual fee shall be non-refundable and will not be returned if this Agreement is terminated by the Customer. All the same, PuntoMio will not be obliged to reimburse said annual fee in case this Agreement is terminated due to a defaulting Customer.
Unless this Agreement is terminated pursuant to Clause 15, this Agreement shall remain in effect for one year from the date of registration, and subject to payment of the Annual Fee (if applicable) will be automatically renewed for successive one-year terms thereafter.
This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means of electronic notice to the other. In addition, you agree that PuntoMio can take whatever steps it deems necessary to deal with any breaches or suspected breaches of this Agreement, including without limitation, restricting, suspending or terminating all or any of the following (1) this Agreement (2) your registration with PuntoMio or (3) any delivery under this Agreement (all at no or short notice).
24. FORCE MAJEURE:
PuntoMio shall not be liable in any way for loss, damage or expense arising directly or indirectly from any hindrance, failure or delay in performing any of its obligations under this Agreement that is caused by an action or omission of the Customer or other third party providing goods or services to the Customer or by any circumstance beyond the Customer’s reasonable control, which shall include difficulties with airlines, customs or documentation, war (or other action of military forces), terrorism, riot, civil commotion, sabotage, vandalism, accident, breakdown or damage to machinery or equipment, acts of God, fire, flood, severe weather conditions, extreme traffic congestion, strike, lock-out or other industrial disputes (whether or not involving employees of PuntoMio), legislative or administrative interference or national crisis (each an “Event of Force Majeure”). If an Event of Force Majeure continues for more than a period of 30 days PuntoMio shall be entitled at its discretion to perform, suspend performance of, and/or terminate this Agreement.
25. LAW, VENUE, JURISDICTION, ARBITRATION:
This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of Miami-Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which cannot be reconciled, they shall be settled by arbitrators named by the Customer and PuntoMio. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code. This clause shall not prevent PuntoMio from being entitled, at its option, to choose to pursue any debt or other claim against the Customer in a court of competent jurisdiction, rather than via arbitration. The parties agree that for such purpose the parties irrevocably submit to the non exclusive jurisdiction of the Courts of Miami-Dade County, Florida, USA.
Notice of service cancellation and termination by PuntoMio shall be made by written notification to the Customer’s last known email address. Notice of service cancellation and termination by Customer shall be made solely by electronic means through the Company’s website at www.PuntoMio.Net. In case you wish to submit any other document, notice, comment, suggestion, you can also use the website www.PuntoMio.net; for other purposes the PuntoMio administrative office address is:
SkyShop Logistics, Inc. DBA PuntoMio
ATTN: Customer Services
7805 NW 15th Street
Doral, Florida 33126-1109
27. EXECUTION FORMALITIES:
PuntoMio and Customer consent to the delivery of information and documents pursuant to this Agreement via electronic means including email, messages generated through the PuntoMio website, fax messages at the email and/or other addresses specified by the Customer in the process of registration and available through the PuntoMio website. PuntoMio and Customer agree that any such electronic delivery of such information or documents shall have the same effect as physical delivery of physical copies thereof and constitute the execution of the above documents in written form.
PuntoMio and Customer agree that the on-line acceptance of registration requirements, this Agreement and provision of the Customer’s consent to submit PuntoMio with their personal data (according to the applicable laws) on the PuntoMio website required in order to become the Customer of PuntoMio constitute the execution of the above in written form by providing equivalent of a Customer’s handwritten signature.