Conditions générales

1.1 Agreement Overview

These Terms and Conditions (the "Agreement") constitute a legally binding agreement between you ("Customer," "Member," "you," or "your") and Gekron LLC, a Delaware limited liability company, doing business as Forwardme.com ("Gekron LLC," "Forwardme.com," "Company," "we," "us," or "our"). This Agreement governs your access to and use of the Forwardme.com website (the "Site"), mobile applications, and all related package forwarding, mail forwarding, package consolidation, and shipping services (collectively, the "Services").

1.2 Acceptance of Terms

1.3 Eligibility

To use the Services, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater. By using the Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into this binding Agreement.

1.4 Modifications to Terms

Forwardme.com reserves the right to modify, amend, or update this Agreement at any time. For non-material modifications (e.g., clarifications, typographical corrections, or changes required by law), such modifications shall become effective immediately upon posting on the Site.

For material modifications (e.g., changes to fees, liability limitations, dispute resolution, or core service terms), Forwardme.com will provide Member with at least thirty (30) days' advance notice via email to the address on file and/or via prominent notice within Member's account portal. Material modifications shall become effective on the date specified in such notice.

Your continued use of the Services following the effective date of any modification constitutes your acceptance of the revised Agreement. If you disagree with any modification, your sole recourse is to discontinue use of the Services and terminate your account before the effective date.

2.1 Service Overview

Forwardme.com provides international package and mail forwarding services from the United States to destinations worldwide. Upon account registration, you will receive a unique United States mailing address (the "Suite Address") at our warehouse facility, which you may use to receive packages and, if applicable, mail from merchants, retailers, and other senders.

2.2 Core Services

Our Services include, but are not limited to:

1. Package Receipt: Receiving packages addressed to your Suite Address on your behalf.
2. Package Storage: Storing packages at our facility for a limited period as specified herein.
3. Package Consolidation: Combining multiple packages into a single shipment to reduce shipping costs (free for VIP Members; discounted for Premium Members).
4. Repackaging: Removing unnecessary packaging materials to reduce dimensional weight and shipping costs.
5. Package Forwarding: Shipping packages to your designated international address via your selected carrier.
6. Mail Forwarding: Receiving and forwarding personal mail (available only for VIP Members with completed Form 1583).
7. Photo Services: Photographing package contents upon request for quality verification.
8. Assisted Purchase Services: Assisting customers with purchases from U.S. merchants that do not ship internationally.

2.3 Membership Tiers

Forwardme.com offers the following membership tiers with varying benefits, storage periods, and fee structures:

Current membership options, pricing, and detailed benefits are available at www.forwardme.com/membership. Membership tier benefits and pricing are subject to change at Forwardme.com's discretion with reasonable notice to Members.

2.4 Limitations on Suite Address Use

Your Suite Address is provided solely for the purpose of receiving packages and mail to be forwarded internationally.

2.5 Consolidation and Repackaging Acknowledgment

Member acknowledges that consolidation, repackaging, and removal of unnecessary materials may result in: (a) cosmetic damage to original manufacturer packaging; (b) removal of inserts, marketing materials, and warranty cards; (c) re-boxing of items in non-original boxes; and (d) repositioning of items relative to original packaging. Member waives any claim arising from such cosmetic alterations to packaging where the underlying merchandise is not damaged. Members who require preservation of original packaging (e.g., for resale of collectibles) must opt out of consolidation and repackaging at the time of shipment request and pay applicable separate-shipment surcharges.

3.1 Grant of Agency Authority

By accepting this Agreement, you hereby appoint Forwardme.com as your true and lawful agent, with limited power of attorney, to act on your behalf for the following specific purposes related to the export of your packages from the United States:

1. Preparation and execution of all shipping documents, bills of lading, and airway bills;
2. Preparation of Certificates of Origin, commercial invoices, and customs declarations;
3. Filing Electronic Export Information (EEI) via the Automated Export System (AES) as required by the Foreign Trade Regulations (15 CFR Part 30);
4. Acting as your agent for export purposes, including serving as the authorized agent of the Foreign Principal Party in Interest (FPPI) in routed export transactions;
5. Authorizing freight forwarders and/or carriers to conduct customs clearance and entry procedures;
6. Certifying freight forwarders and/or carriers as consignee solely for customs clearance purposes;
7. Entering into service agreements with carriers on your behalf; and
8. Any other actions reasonably necessary to facilitate the lawful export of your packages.

3.2 Routed Export Transaction

In a standard routed export transaction, you (as the Foreign Principal Party in Interest) purchase merchandise from U.S. sellers (the U.S. Principal Party in Interest, or "USPPI") and assume responsibility for export. As your authorized agent, Forwardme.com will arrange for the export of such merchandise subject to your compliance with all applicable export laws and this Agreement.

3.3 Member Obligations Regarding USPPI Information

You are responsible for notifying each USPPI that the merchandise will be exported from the United States and for providing Forwardme.com with all information required for export compliance, including: the USPPI's name and Employer Identification Number (EIN); the Export Control Classification Number (ECCN) of controlled items; Schedule B classifications; and any other information required under the Foreign Trade Regulations.

3.4 Scope of Authority

This grant of agency authority is strictly limited to the purposes described herein and does not create any partnership, joint venture, employment, or other relationship between you and Forwardme.com beyond the express terms of this Agreement.

4.1 Member Compliance Obligations

You are solely responsible for and warrant your compliance with all applicable laws, rules, and regulations governing the export of merchandise from the United States and the import of merchandise into your destination country. This includes, without limitation, compliance with:

1. The Export Administration Regulations (EAR), 15 CFR Parts 730-774, administered by the Bureau of Industry and Security (BIS), U.S. Department of Commerce;
2. The International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120-130, administered by the Directorate of Defense Trade Controls (DDTC), U.S. Department of State;
3. The Foreign Assets Control Regulations administered by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury;
4. The Foreign Trade Regulations (FTR), 15 CFR Part 30, administered by the Census Bureau, U.S. Department of Commerce;
5. Regulations administered by U.S. Customs and Border Protection (CBP), Department of Homeland Security;
6. Regulations administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice;
7. The International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1701 et seq.;
8. The Arms Export Control Act (AECA), 22 U.S.C. § 2778; and
9. All import laws, regulations, duties, and taxes of your destination country.

4.2 Prohibited Destinations and Persons

Forwardme.com WILL NOT provide services to, or ship packages destined for, the following embargoed countries/regions (subject to change per OFAC regulations):

• Cuba
• Iran
• North Korea
• Syria
• The Crimea Region of Ukraine
• The so-called Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR) regions
• Any other country or region subject to comprehensive U.S. sanctions

4.3 Denied Party Screening

Forwardme.com will not provide services to, and you shall not direct shipments to, any person or entity appearing on: the Specially Designated Nationals and Blocked Persons List (SDN List) maintained by OFAC; the Entity List, Denied Persons List, or Unverified List maintained by BIS; the Debarred Parties List maintained by DDTC; or any other U.S. Government restricted party list. You represent and warrant that neither you nor any recipient of your shipments is a denied or restricted party under applicable law.

4.4 Export Classification and Licensing

4.5 U.S. Postal Service Form 1583

For VIP Members electing to receive personal mail (letters, magazines, and other correspondence delivered by the U.S. Postal Service), you must complete and submit a notarized USPS Form 1583 (Application for Delivery of Mail Through Agent) along with two forms of acceptable identification as specified on our website. Mail forwarding services will not be activated until Form 1583 is properly completed, notarized, and approved by Forwardme.com. This form authorizes Forwardme.com to receive and forward mail on your behalf as required by 39 CFR § 111. Note: Mail forwarding is available exclusively to VIP Members.

4.6 Customs Declarations

You are solely responsible for the accuracy and completeness of all customs declarations, including the description, quantity, and value of merchandise. Providing false, fraudulent, or misleading information on customs declarations is a violation of federal law and may subject you to civil and criminal penalties. Forwardme.com relies on the information you provide; we are not responsible for verifying the accuracy of your declarations.

4.7 Import Duties, Taxes, and Customs Refusal

(a) Member is solely responsible for all import duties, taxes, customs fees, brokerage charges, VAT, and any other governmental assessments imposed by the destination country, regardless of whether such charges were anticipated or disclosed at the time of shipment.

(b) If Member or the recipient refuses to pay required import duties or taxes, fails to provide required customs documentation, or otherwise causes a package to become undeliverable, Member is solely responsible for all resulting costs, including without limitation:

• (i) carrier-imposed return-to-sender fees, abandonment fees, and storage fees at the destination;
• (ii) the original outbound shipping cost (which is not refundable);
• (iii) any return shipping cost back to the Forwardme.com facility, if return is elected;
• (iv) re-storage fees at the Forwardme.com facility upon return; and
• (v) any duties, taxes, or fines that the carrier or customs authority charges back to Forwardme.com as the bill-to party, which Forwardme.com may pass through to Member's account.

(c) Forwardme.com may, at its sole discretion, charge any of the foregoing amounts to Member's payment method on file, and Member hereby authorizes such charges. Insurance coverage is void for packages refused or abandoned for failure to pay duties or provide customs documentation.

(d) No Refund of Personal Shopper Fees. If a package is refused, abandoned, destroyed, returned to sender, or otherwise becomes undeliverable due to Member's refusal to pay duties, taxes, or to provide required customs documentation, Member shall NOT be entitled to any refund of Personal Shopper service fees, commission fees, processing fees, or merchandise costs already paid. The Personal Shopper service is deemed fully performed upon processing of the items into Member's account, regardless of subsequent shipping outcomes.

5.1 Absolutely Prohibited Items

The following items are ABSOLUTELY PROHIBITED and may not be shipped under any circumstances through Forwardme.com. This list is non-exhaustive, and Forwardme.com reserves the right to refuse any item in its sole discretion:

5.2 Right to Inspect, Refuse, and Dispose

Forwardme.com reserves the right, in its sole discretion, to: (a) open and inspect any package received at our facility; (b) refuse to accept or process any package; (c) return prohibited items to the sender at your expense; (d) surrender prohibited items to law enforcement or regulatory authorities; and (e) destroy or dispose of prohibited items without notice or compensation. By using our Services, you consent to inspection of your packages by Forwardme.com and/or law enforcement agencies.

5.3 Member Responsibility

You are solely responsible for ensuring that items shipped to Forwardme.com comply with this Agreement, U.S. export laws, and the import laws of your destination country. Violations may result in immediate account termination, forfeiture of packages, and referral to law enforcement. You agree to indemnify Forwardme.com for any claims, damages, fines, or penalties arising from prohibited items.

5.4 Limited Acceptance of Certain Regulated Items

Notwithstanding Section 5.1, Forwardme.com may, in its sole discretion, accept and ship certain limited categories of regulated items (e.g., fragrances classified as UN1266 Class 3, lithium-ion batteries contained in or installed with equipment) when, and only when, all of the following conditions are met:

• (a) the shipment is processed exclusively at a Forwardme.com facility authorized for the applicable class of regulated goods, and only by personnel certified for that class;
• (b) the carrier (e.g., Aramex, FedEx, UPS) accepts the specific UN classification to the destination country under its current tariff;
• (c) Member provides accurate and complete declaration of contents, including (where applicable) the UN number, proper shipping name, hazard class, packing group, and net quantity per package; and
• (d) Member agrees that any inaccuracy in such declaration is the sole responsibility of Member.

6.1 Account Registration

To access the Services, you must create an account by providing accurate, current, and complete registration information ("Registration Information"). You agree to maintain and promptly update your Registration Information to ensure it remains accurate, current, and complete. Providing false, inaccurate, or fraudulent information may result in immediate account termination and legal action.

6.2 Identity Verification

Forwardme.com requires identity verification to prevent fraud, comply with anti-money laundering regulations, and satisfy export compliance requirements. You may be required to submit:

1. A valid government-issued photo identification (passport, driver's license, or national ID card);
2. A secondary form of identification or proof of address (utility bill, bank statement);
3. A completed and notarized USPS Form 1583 (for mail forwarding services);
4. Verification of payment methods; and
5. Any additional documentation reasonably requested by Forwardme.com.

6.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities occurring under your account. You agree to: (a) create a strong, unique password; (b) not share your credentials with any third party; (c) immediately notify Forwardme.com of any unauthorized access or security breach; and (d) log out of your account at the end of each session. Forwardme.com is not liable for losses arising from unauthorized account access resulting from your failure to safeguard your credentials.

6.4 Security Holds

Forwardme.com may place your account on security hold if we detect suspicious activity, payment discrepancies, incomplete verification, or potential violations of this Agreement. While on security hold, packages may continue to arrive and incur storage fees, but shipment processing will be suspended until the hold is resolved. We will make reasonable efforts to notify you and work toward resolution.

6.5 Fraud Prevention

You represent and warrant that all items shipped to Forwardme.com have been lawfully purchased and paid for in full by you. If we are notified of potentially fraudulent transactions by merchants, payment processors, or law enforcement, we reserve the right to hold packages pending investigation, return packages to senders, or surrender packages to authorities. Forwardme.com cooperates fully with law enforcement investigations and may provide account information as required by law.

6.6 Recording and Inspection Consent

You acknowledge and consent that:

(a) Forwardme.com facilities are monitored by closed-circuit television (CCTV) and other recording systems for security, quality control, and loss-prevention purposes;

(b) Packages received and processed at Forwardme.com facilities, including the unboxing of contents during photo services or consolidation, may be photographed and/or video-recorded;

(c) Such recordings may be retained, used as evidence in disputes (including chargeback disputes, insurance claims, and legal proceedings), and disclosed to law enforcement, carriers, payment processors, or insurance providers when reasonably necessary;

(d) Forwardme.com is not obligated to provide recordings or photographs to Member except as expressly provided in this Agreement or as required by applicable law.

7.1 Authorization to Charge

By creating an account, you authorize Forwardme.com to charge your designated payment method for all fees, charges, and costs incurred under your account. This includes, but is not limited to: membership fees, shipping and handling charges, processing fees, storage fees, customs duties and taxes (when applicable), address correction fees, return fees, and any optional services you request.

7.2 Shipping Rates and Weight Calculation

Shipping rates are calculated based on the actual weight or dimensional (volumetric) weight of your shipment, whichever is greater. Dimensional weight is calculated using industry-standard formulas based on package dimensions. Current shipping rates for all carriers are available on our website and are subject to change without notice. Carrier surcharges, fuel surcharges, remote area fees, and other accessorial charges may apply.

7.3 Membership Fees

Premium memberships are billed either monthly or annually, as selected during registration. Membership fees are charged in advance and are automatically renewed unless you cancel prior to the renewal date. Annual membership fees are non-refundable except as expressly provided herein. Monthly membership fees are non-refundable. Initial setup fees, where applicable, are non-refundable.

7.4 Duties, Taxes, and Customs Fees

Unless you select a Delivered Duty Paid (DDP) shipping option where available, all shipments are sent Delivered Duty Unpaid (DDU), meaning you are solely responsible for all import duties, taxes, customs clearance fees, brokerage fees, and any other charges imposed by your destination country. These charges are separate from Forwardme.com's service fees and must be paid directly to the carrier or customs authorities upon delivery.

7.5 Refund Policy

Account balances (excluding membership fees) may be refunded upon request, subject to a $5.00 administrative fee plus any applicable transaction fees (e.g., wire transfer fees, payment processor fees). PayPal chargebacks are subject to a $20.00 fee; credit card chargebacks are subject to a $35.00 fee. Forwardme.com reserves the right to offset any outstanding amounts owed against refund requests.

7.6 Late Payment and Collection

Invoices are due upon receipt. Amounts unpaid for more than thirty (30) days will be assessed late fees as specified in our current fee schedule. Forwardme.com reserves the right to suspend services, return or dispose of packages, and/or terminate accounts for non-payment. Delinquent accounts may be referred to collection agencies, and you agree to pay all collection costs, including reasonable attorney's fees.

7.7 Dormant Accounts

Accounts with no activity for more than twenty-four (24) months will be deemed dormant and may be closed. Any remaining account balance in a dormant account will be forfeited following reasonable attempts to contact you. You may request refund of your account balance at any time prior to forfeiture.

7.8 Pre-Dispute Notice and Wrongful Chargebacks

(a) Pre-Dispute Notice Requirement. Before initiating any payment dispute, chargeback, or reversal with your bank, credit card issuer, or payment processor (collectively, "Payment Dispute"), Member shall first contact Forwardme.com at [email protected] with a written description of the issue and provide Forwardme.com with at least fifteen (15) business days to investigate and resolve the matter in good faith.

(b) Wrongful Chargeback. A Payment Dispute shall be deemed a "Wrongful Chargeback" if it is initiated: (i) without first complying with subsection (a) above; (ii) in connection with merchandise or services that have been delivered or performed in accordance with this Agreement; (iii) for fees that are expressly non-refundable under this Agreement (including completed Personal Shopper service fees, used shipping fees, customs duties refused by Member, or membership fees); or (iv) based on facts that Member knew or should have known were inaccurate.

(c) Member Liability for Wrongful Chargebacks. Member shall be liable to Forwardme.com for any Wrongful Chargeback in an amount equal to (i) the disputed transaction amount, plus (ii) the chargeback fee assessed by the payment processor ($35 for credit cards, $20 for PayPal, or such other amount imposed), plus (iii) a $25 administrative investigation fee, plus (iv) any reasonable attorneys' fees and collection costs incurred. These amounts may, at Forwardme.com's discretion, be (A) deducted from Member's account balance, (B) charged to Member's payment method on file, or (C) offset against any future credit or refund owed to Member.

(d) Account Suspension. Forwardme.com may immediately suspend or terminate any account that initiates a Wrongful Chargeback, and may report Wrongful Chargebacks to credit bureaus and industry fraud databases (e.g., MATCH list) where permitted by law.

8.1 Limitation of Liability

Opportunity to Declare Higher Value. Member is hereby afforded the opportunity, at the time of each shipment, to declare a higher value and obtain coverage above the limitation set forth above by purchasing EasyPost Shipping Insurance under Section 8.4. By choosing not to purchase such coverage, Member knowingly accepts the limitation of liability set forth in this Section 8.1 in lieu of any higher declared value.

8.2 Exclusion of Consequential Damages

8.3 Carrier Liability

Once a package is tendered to a carrier (USPS, DHL, FedEx, UPS, etc.), the carrier's terms of service, limitations of liability, and claims procedures apply. Forwardme.com is not liable for loss, damage, or delay occurring during carrier transportation.

8.4 Shipping Insurance – IMPORTANT DISCLOSURE

8.5 Claims Procedure for Non-Insured Packages

For packages shipped without EasyPost Shipping Insurance, claims must be filed directly with the carrier in accordance with the carrier's published time limits and procedures. Forwardme.com may assist with carrier claim submissions upon request, but carrier claim decisions are made solely by the carrier. Forwardme.com is not liable for carrier claim denials.

8.6 General Exclusions

Regardless of insurance status, Forwardme.com is not liable for: damage occurring prior to receipt at our facility; damage caused by manufacturer's original packaging; inherent product defects; normal wear and tear; loss of software or data on electronic devices; perishable items; items improperly or inadequately packaged by the sender; or any loss, damage, or delay caused by circumstances beyond our reasonable control.

8.7 Carrier Selection by Member

Member acknowledges that Member, not Forwardme.com, selects the carrier (e.g., USPS, DHL, FedEx, UPS, Aramex) for each shipment from a list of available options at the time of shipping order placement. Member further acknowledges that each carrier offers different transit times, service levels, insurance options, and risk profiles. Forwardme.com is not responsible for, and Member assumes all risks arising from, Member's choice of carrier, including but not limited to carrier-imposed delays, misdeliveries, lost packages, damaged packages, customs holds, and refusal of service. Member's decision to decline optional shipping insurance under Section 8.4 is made knowingly and at Member's sole risk.

9.1 Free Storage Period

Forwardme.com provides complimentary storage based on your membership tier:

• Free Members: Fifteen (15) calendar days from package receipt;
• Premium Members: Forty-five (45) calendar days from package receipt;
• VIP Members: One hundred twenty (120) calendar days from package receipt.

For consolidated packages, the storage period is calculated from the receipt date of the oldest package in the consolidation.

9.2 Extended Storage Fees

After expiration of the free storage period, daily storage fees will be assessed per our current fee schedule. You may purchase extended storage in advance to avoid interruption. Extended storage is available for a maximum of twenty-eight (28) additional days.

9.3 Maximum Storage Period and Automatic Shipment

All packages must be shipped within sixty (60) days of receipt. If packages remain in your suite beyond sixty (60) days, you hereby authorize and direct Forwardme.com to ship such packages to your address on file. If payment cannot be processed, we will attempt payment processing at days 67 and 74. If all payment attempts fail, packages will be deemed abandoned.

9.4 Abandonment

Packages remaining in our facility for more than seventy-five (75) days, or packages for which payment cannot be obtained, shall be deemed abandoned. Upon abandonment, you forfeit all right, title, and interest in such packages. Forwardme.com may, in its sole discretion: (a) dispose of the packages; (b) donate the packages to charity; (c) sell the packages to recover outstanding fees; or (d) destroy the packages. You waive any and all claims (including claims for the value of the merchandise, lost profits, replacement cost, or any other damages) related to packages disposed of, donated, sold, or destroyed pursuant to this Section 9.4 or Section 9.5.

9.5 Undeliverable Packages

Packages returned as undeliverable due to incorrect address, customs refusal, or failed delivery attempts may be subject to return shipping fees and additional storage charges. If you fail to provide valid delivery instructions or pay required fees within thirty (30) days of return, such packages will be deemed abandoned.

9.6 Warehouseman's Lien and Security Interest

(a) Grant of Security Interest. As collateral security for the prompt and complete payment of all amounts owed to Forwardme.com by Member (whether under this Agreement or otherwise, the "Secured Obligations"), Member hereby grants to Forwardme.com a continuing lien on and security interest in all of Member's right, title, and interest in and to any and all packages, merchandise, and personal property delivered to or held by Forwardme.com under Member's account (collectively, the "Collateral").

(b) Warehouseman's Lien. Forwardme.com is a "warehouse" within the meaning of Title 6, Chapter 7 of the Delaware Uniform Commercial Code ("Delaware UCC § 7"). Pursuant to Delaware UCC § 7-209, Forwardme.com shall have a lien against the Collateral for charges for storage, handling, transportation, insurance, labor, and other charges in connection with the Collateral, and for expenses necessary for the preservation of the Collateral or reasonably incurred in its sale pursuant to law. The parties expressly agree that this lien is a GENERAL lien and shall extend to any and all goods of Member in Forwardme.com's possession at any time, regardless of whether the charges claimed relate specifically to those goods or to other goods of Member, including charges relating to goods previously shipped, returned, or otherwise no longer in Forwardme.com's possession.

(b)(i) Warehouse Receipt. Member acknowledges that the electronic package listing displayed in Member's Forwardme.com account dashboard upon receipt of each package—identifying the warehouse location, date of receipt, applicable storage and handling charges, and a description of the goods—shall constitute a "warehouse receipt" within the meaning of Delaware UCC § 7-202 for all purposes of this Agreement.

(c) Enforcement. Upon any account becoming delinquent for more than thirty (30) days, Forwardme.com may, without further notice or demand (except as required by non-waivable applicable law), exercise all rights and remedies of a secured party under Delaware UCC § 9 and a warehouse under Delaware UCC § 7-210, including without limitation the right to sell the Collateral at public or private sale, with the proceeds applied first to the costs of collection (including reasonable attorneys' fees), then to the Secured Obligations, with any surplus paid to Member in accordance with applicable law.

(d) Member Waivers. To the maximum extent permitted by applicable law, Member waives all rights of redemption, demand, presentment, protest, and notice (other than any notice required by non-waivable applicable law) with respect to the enforcement of this lien and security interest.

10.1 Service Overview

Forwardme.com offers a Personal Shopper service (also known as "Assisted Purchase" or "Concierge Service") to assist Members who are unable to complete purchases from U.S. merchants due to international credit card restrictions, merchant shipping limitations, or other barriers. Through this service, Forwardme.com acts as your purchasing agent to acquire merchandise on your behalf from U.S. retailers.

10.2 How the Service Works

The Personal Shopper service operates as follows:

1. You submit a Personal Shopper Order Form through your Forwardme.com account, providing product URLs, item descriptions, quantities, sizes, colors, and any special instructions;
2. Forwardme.com assigns a dedicated Personal Shopper to process your order;
3. Your Personal Shopper purchases the requested items from U.S. merchants using Forwardme.com's payment methods;
4. Purchased items are delivered to the Forwardme.com warehouse facility;
5. Items are processed into your account with photographs documenting condition and contents;
6. You review the items and submit a shipping request to your destination country;
7. You pay the applicable shipping fees based on carrier rates, destination, and package weight/dimensions.

10.3 Transfer of Title and Risk of Loss

You agree and acknowledge that: (a) title to merchandise purchased through the Personal Shopper service transfers to you upon Forwardme.com's payment to the merchant and in all cases prior to export from the Forwardme.com facility; (b) you bear the full costs and risks associated with the merchandise from the time the merchant ships the items to our warehouse; and (c) you will serve as the Importer of Record for all Personal Shopper transactions in your destination country.

10.4 Personal Shopper Fees

The following fees apply to Personal Shopper orders (subject to change; current rates available at www.forwardme.com/personal-shopper):

1. Service Fee: A flat fee per order or per batch of items from the same retailer;
2. Commission Fee: A percentage of the total order value (product cost plus applicable taxes);
3. Processing Fee: A per-item or per-package processing fee;
4. Payment Processing Fee: Fees charged by payment processors for handling your payment;
5. U.S. Sales Tax: If applicable based on retailer policy and warehouse location.

All fees are charged to your Forwardme.com account balance or designated payment method prior to order placement.

10.5 Payment and Verification Requirements

To use the Personal Shopper service, you must:

1. Maintain a verified Forwardme.com account with completed identity verification;
2. Provide a verified payment method (credit/debit card, wire transfer, or other accepted methods);
3. Maintain sufficient funds in your account to cover the total order cost, including all applicable fees;
4. Provide accurate and complete order information.

Forwardme.com reserves the right to require additional verification for high-value orders or new accounts.

10.6 Order Limitations

The following limitations apply to Personal Shopper orders:

1. Personal Shopper may only be used to purchase tangible merchandise; it cannot be used for services, subscriptions, memberships, digital downloads, gift certificates, or intangible items;
2. Auction items requiring bidding (e.g., eBay auctions) cannot be purchased; only fixed-price ("Buy It Now") items are eligible;
3. Items must comply with all prohibited and restricted items policies set forth in Article V of this Agreement;
4. Forwardme.com may limit the number of unique items per order or impose order value limits;
5. Certain merchants may refuse orders placed through package forwarding services; Forwardme.com is not responsible for merchant refusals.

10.7 Order Cancellation by Member

10.8 Order Cancellation by Forwardme.com or Merchant

Personal Shopper orders may be cancelled by Forwardme.com or the merchant under the following circumstances:

1. The item is out of stock, discontinued, or backordered;
2. There is a significant price discrepancy between the listed price and actual price;
3. The merchant refuses to fulfill orders to our facility;
4. Export laws or regulations prohibit shipment of the item to your destination country;
5. Suspected fraud or policy violation.

If an order is cancelled by Forwardme.com or the merchant, you will receive a refund of the item cost and applicable shipping charges to your Forwardme.com account balance.

10.9 Returns and Refunds – IMPORTANT

10.10 Incorrect or Damaged Items

If items purchased through the Personal Shopper service arrive at our warehouse in damaged condition or are different from what was ordered:

1. You must notify Forwardme.com within seven (7) days of item processing into your account;
2. Forwardme.com will document the damage or discrepancy with photographs;
3. We will contact the merchant on your behalf to arrange return, exchange, or refund in accordance with the merchant's policies;
4. Refunds for damaged or incorrect items are subject to merchant approval and policy.

10.11 Disclaimer of Warranties

FORWARDME.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING MERCHANDISE PURCHASED THROUGH THE PERSONAL SHOPPER SERVICE. We are not responsible for: product quality, authenticity, or fitness for a particular purpose; manufacturer warranties or defects; product descriptions, sizing, or specifications; availability or pricing accuracy; merchant fulfillment errors; or any other matter relating to the merchandise itself. All product warranties, if any, are provided solely by the manufacturer or merchant. Forwardme.com is not an authorized dealer, distributor, or reseller of any products and cannot provide warranty service.

10.12 Limitation of Liability for Personal Shopper

10.13 Prohibited Uses

The Personal Shopper service may not be used for:

1. Purchasing items for resale without prior written approval from Forwardme.com;
2. Purchasing items on behalf of third parties not authorized on your account;
3. Circumventing merchant restrictions on international purchases for fraudulent purposes;
4. Purchasing any prohibited or restricted items as defined in Article V;
5. Any illegal, fraudulent, or unauthorized purpose.

10.14 Service Completion and Independence from Shipping

(a) Completion of Personal Shopper Service. The Personal Shopper service is fully and finally performed at the moment all of the following have occurred: (i) Forwardme.com has paid the merchant for the requested items; (ii) the items have been delivered to the Forwardme.com warehouse; and (iii) the items have been processed into Member's account dashboard with photographic documentation. Upon completion, all Personal Shopper service fees (including the service fee, commission, processing fee, and payment processing fee) are fully earned and non-refundable, regardless of any subsequent event affecting the merchandise or its shipment.

(b) Independence of Personal Shopper and Shipping Services. Member acknowledges that the Personal Shopper service and any subsequent shipping order are two separate and independent services, each governed by its own terms, fees, and risk allocation:

• The Personal Shopper service is governed by this Article X;
• The shipping service is governed by Articles VII (Payment), VIII (Liability and Insurance), and 4.7 (Customs).

(c) No Cross-Refund. A failure, loss, damage, delay, customs refusal, return-to-sender, or other adverse event affecting the shipping service shall not entitle Member to any refund, credit, or chargeback of fees paid for the Personal Shopper service. The two transactions are financially severable.

11.1 Termination by Member

You may cancel your account at any time by contacting customer support or through your account settings. Upon cancellation: (a) you must pay all outstanding fees; (b) you must provide shipping instructions for all packages within thirty (30) days; (c) unused account balances will be refunded per our Refund Policy; and (d) annual membership refunds, if applicable, will be prorated based on the monthly membership rate.

11.2 Termination by Forwardme.com

Forwardme.com may suspend or terminate your account immediately, without prior notice, for:

1. Violation of any provision of this Agreement;
2. Shipping or attempting to ship prohibited items;
3. Engaging in fraudulent activity or providing false information;
4. Non-payment of fees for more than thirty (30) days;
5. Violation of export laws or sanctions regulations;
6. Abusive conduct toward Forwardme.com staff;
7. Use of the Suite Address for unauthorized purposes;
8. Any conduct that Forwardme.com reasonably believes may expose it to legal liability.

11.3 Effect of Termination

Upon termination: (a) your right to access the Services ceases immediately; (b) your Suite Address will be deactivated; (c) packages received after termination may be returned to sender or held pending payment of fees; (d) any outstanding balances become immediately due; and (e) provisions of this Agreement that by their nature should survive termination (including indemnification, limitation of liability, and dispute resolution) shall survive.

11.4 No Liability for Termination

Forwardme.com shall not be liable to you or any third party for termination of your account or access to the Services, regardless of the reason for such termination.

12.1 Member Indemnification

You agree to indemnify, defend, and hold harmless Forwardme.com and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

1. Your use of the Services or breach of this Agreement;
2. Your violation of any law, regulation, or rights of any third party;
3. Shipping of prohibited, restricted, or illegal items;
4. False, inaccurate, or fraudulent customs declarations or documentation;
5. Violation of export control laws, sanctions regulations, or import requirements;
6. Any claim by a merchant, carrier, or governmental authority related to your shipments;
7. Infringement of intellectual property rights; and
8. Any act or omission by you or your authorized users.

12.2 Indemnification Procedure

Forwardme.com will provide prompt written notice of any claim subject to indemnification and will cooperate with your defense at your expense. Forwardme.com reserves the right to participate in the defense with counsel of its choice. You may not settle any claim without Forwardme.com's prior written consent.

13.1 Governing Law

This Agreement and all disputes arising from or relating to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

13.2 Mandatory Arbitration

13.2.1 Right to Opt Out of Arbitration

You may opt out of the arbitration agreement set forth in Section 13.2 by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first creating your Forwardme.com account. Your notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be bound by the arbitration agreement or class action waiver in Section 13.3, and disputes will instead be resolved in the state or federal courts located in Wilmington, Delaware. Opting out of arbitration does not affect any other provision of this Agreement.

13.3 Class Action Waiver

13.4 Pre-Arbitration Dispute Resolution

(a) Informal Resolution. Before initiating arbitration, you must first attempt to resolve the dispute informally by contacting Forwardme.com at [email protected] with a written description of your claim. We will attempt to resolve the dispute through good-faith negotiation for at least thirty (30) days before either party may commence arbitration.

(b) Good-Faith Dispute Resolution. The parties agree to engage in good-faith, confidential negotiation during the thirty (30) day pre-arbitration period. Member agrees that the existence and content of such negotiations are confidential and shall not be disclosed publicly during this period, including via online review platforms, social media, or media inquiries. Nothing in this provision restricts Member's right to (i) post truthful reviews of Forwardme.com's services after the dispute resolution process is complete, (ii) report violations to governmental authorities, or (iii) discuss the matter with attorneys, accountants, or family members on a confidential basis.

13.5 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

13.6 Injunctive Relief

Nothing in this Agreement shall prevent Forwardme.com from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13.7 Time Limitation on Claims

Any claim or cause of action arising from or relating to this Agreement or the Services must be filed within ONE (1) YEAR after such claim arose; otherwise, the claim is permanently barred.

14.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other policies incorporated by reference, constitutes the entire agreement between you and Forwardme.com regarding the Services and supersedes all prior agreements, representations, and understandings.

14.2 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

14.3 Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of Forwardme.com. No failure or delay in exercising any right shall constitute a waiver of that right.

14.4 Assignment

You may not assign or transfer this Agreement or any rights hereunder without Forwardme.com's prior written consent. Forwardme.com may assign this Agreement in its entirety, without your consent, to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

14.5 Force Majeure

Forwardme.com shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, embargoes, strikes, labor disputes, pandemics, epidemics, carrier delays, customs delays, telecommunications failures, power outages, or cyberattacks.

14.6 No Third-Party Beneficiaries

Except as expressly set forth in Article XVI (Mobile Application Terms) with respect to Apple Inc. and Google LLC, this Agreement does not create any third-party beneficiary rights in any person or entity not a party to this Agreement.

14.7 Electronic Communications

(a) Transactional Communications. You consent to receive communications from Forwardme.com electronically (email, SMS, push notification, or through your account portal) regarding your account, packages, payments, shipments, security, and other transactional matters. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Transactional communications cannot be opted out of while your account is active.

(b) Marketing Communications. Marketing communications (promotional emails, SMS, push notifications about offers and new features) require your separate, express opt-in consent. By providing your phone number during signup and checking the marketing opt-in box, you consent to receive recurring autodialed marketing text messages from Forwardme.com at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for help.

(c) Email Marketing. You may unsubscribe from email marketing at any time by clicking the "unsubscribe" link in any marketing email or by adjusting preferences in your account settings.

14.8 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

14.9 Contact Information

For questions regarding this Agreement or our Services, please contact:

14.10 Notice to Member

Any notice required or permitted to be given by Forwardme.com to Member under this Agreement shall be deemed effective when sent to the email address on file with Member's account or when posted within Member's account portal. Member is solely responsible for maintaining a current and accurate email address and for monitoring communications from Forwardme.com. Forwardme.com shall not be liable for any consequence arising from Member's failure to receive a notice due to an outdated email address, spam filtering, or failure to access the account portal.

15.1 Applicability

This Article XV applies to any Member who uses the Services for commercial resale purposes, whether for inventory or for specific end customers ("Reseller Member"). Reseller Members must identify themselves to Forwardme.com prior to use of the Services for resale purposes.

15.2 Additional Representations

In addition to the representations and warranties elsewhere in this Agreement, each Reseller Member represents and warrants that:

(a) Reseller Member has, and will maintain, a valid business registration and any required reseller permits in its jurisdiction;

(b) Reseller Member will not export to any person or entity appearing on any U.S. Government denied party list, and Reseller Member will conduct ongoing screening of its end customers against the Consolidated Screening List published at trade.gov;

(c) Reseller Member will, when known at the time of export, identify its end customer to Forwardme.com prior to shipment, and will add such end customer to its account as an additional named person;

(d) Reseller Member's end customers shall be bound by terms substantially similar to this Agreement, and Reseller Member shall provide such terms to its end customers prior to entering into any transaction;

(e) Reseller Member will not re-export U.S.-origin items in violation of Section 744.17 of the Export Administration Regulations or any other U.S. export control law.

15.3 No Limitation on Forwardme.com Discretion

Forwardme.com retains sole and absolute discretion to refuse Reseller Member status, to require additional verification, to require commercial-grade insurance, or to require execution of a separate Master Services Agreement.

16.1 Mobile Application Use

Forwardme.com offers mobile applications for iOS and Android (the "Mobile App"). Your use of the Mobile App is subject to this Agreement and the additional terms imposed by the relevant app store provider:

• iOS users: Apple Inc.'s Standard EULA
• Android users: Google Play's Terms of Service

16.2 Acknowledgment Regarding Apple

You acknowledge that this Agreement is between you and Forwardme.com only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Mobile App or its content. Apple has no warranty obligation whatsoever with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Mobile App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and use of it. Apple is a third-party beneficiary of this Agreement and, upon your acceptance of this Agreement, will have the right to enforce this Agreement against you as a third-party beneficiary thereof.

16.3 Acknowledgment Regarding Google

You acknowledge that this Agreement is between you and Forwardme.com only, and not with Google LLC ("Google"). Google is not responsible for the Mobile App or its content. Use of the Mobile App on Android devices is also subject to the Google Play Terms of Service. Google is a third-party beneficiary of this Agreement and, upon your acceptance of this Agreement, will have the right to enforce this Agreement against you as a third-party beneficiary thereof.

16.4 Export Compliance for Mobile App

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16.5 In-App Purchases and Subscriptions

Any in-app purchases or subscriptions offered through the Mobile App are processed by the relevant app store (Apple App Store or Google Play). Such purchases are subject to the app store's billing terms and refund policies, in addition to this Agreement. Forwardme.com is not responsible for app store billing errors or refund decisions made by the app store provider.