Terms of Service
Enviato Enterprises, LLC. (“Enviato“, “we“ and “us“) is the operator of https://www.enviato.com (“Website“). The Website is designed to provide assistance to users (“User(s)“, “you“) in creating and managing shipments (“Shipment“). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service“). By creating an account on the Website (“My Account“) or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and represent that you have read and understood the same.
The Terms of Service are accessible at any time on the following page of our Website www.enviato.com/terms-of-service. You must read, agree with and accept all the terms and conditions contained in the Terms of Service, and our privacy policy contained in www.enviato.com/ (“Privacy Policy“) prior to becoming an Enviato user. If you do not accept any provision in our Terms of Service and/or Privacy Policy, you are not authorized to use this Website or our Services and shall immediately cease using this Website.
The Terms of Service represent a legally binding agreement between you (and your client, employer, or another entity if you are acting on their behalf) and Enviato and its direct affiliates or subsidiaries, including the various different entities that Enviato uses to operate locally in different countries.
1. Acceptance of Terms of Service
1.1. If you are entering into these Terms of Service on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms of Service “you“ or “your“ shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use this Website or the Services.
1.2. By registering for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.
1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms of Service. Enviato endeavors to provide you with notice of any meaningful changes to the Terms of Service either through email or notification within the Enviato platform, but Enviato’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your Enviato Account, and/or may take other legal action at our disposal.
1.6. The usage of any services not provided by us directly (including, without limitation, warehousing and forwarding services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
2. Description of Services
2.1. For the purpose of these Terms of Service, “Services“ shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“), and (c) Shipment services. Any new features added at any time are also subject to these Terms of Service.
3. Prohibited Products
3.1. The following are the types of products that, for everyone’s safety, you are prohibited to ship through Enviato:
• Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
• Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
Live animals;
Plants;
Chemical products;
Pelt, animal skin/fur;
Jewelry and precious minerals;
Explosive or hazardous products;
Any type of currency or notes;
Perishable food;
Tobacco and related paraphernalia;
Beverages, including alcoholic and other;
Prescription pharmaceuticals or other dangerous drugs; o Firearms, ammunition, and related accessories.
Merchandise for resale.
Combustion engines;
Counterfeit items;
Pornographic materials;
Battery;
3.2. Enviato shall not be liable for any loss, damage, or destruction of the such prohibited product.
3.3. In order to maintain the integrity of Enviato’s Services and its reputation, Enviato will report any activities pertaining to shipping prohibited items to relevant law enforcement authorities and shipping partners.
Prohibited products are subject to Shipment Inspection, clause 7, and Shipping Error Fine, Clause 8.
4. Minimum and Maximum Weight and Dimensions
Enviato is not responsible for packages that exceed the size, weight, or volume allowed by the shipment method. It is your responsibility to ensure that the package we are sending is within the size, weight, and volume restriction or prohibitions that apply to the country of origin or destination.
All Shipment packages must fit weight and dimensions limits as described below:
4.1. Dimensions for boxes, packages, and envelopes:
4.1.1 AIR FREIGHT
• The largest dimension (length, width, or height) must not be over 39in (100cm) and The sum of these dimensions cannot be over 78in (200cm).
• The maximum weight per Shipment package must not exceed 66lb (30Kg); 4.1.2 SEA FREIGHT
• The dimensions are based on the pre-defined box size and need to follow the exact dimensions.
• XP) 12X12X12 in PP)24X12X12in HD)22X16X15 in P)18X18X28 in M)24X24X27 in G)24X24X48in
• The maximum weight XP) 33 lb PP)66 lb HD)79lb P)88lb M)110 lb G)176lb
These weight and dimension limits are checked during the Shipment Inspection, clause 7, and are subject to Shipping Error Fine, Clause 8.
5. Shipping Declaration
All items packed in a Shipment must have their information input by you when creating a Shipment using your own shipping account (“My Account“). All the information must be accurate and true. It must include Sender Information (Full Name, Address, Phone, and Email), Recipient Information (Full Name, Address, Phone, Email, and Tax ID), Items Information (Type of Goods, Description, Quantity, and Unit Price), Freight, Insurance Purchase Choice, and Insurance Premium (“Premium Price”). Each Item Total Price is calculated as Quantity times Unit Price. The sum of all Items Total Prices (“Carriage Value”) declared, the Freight Amount (“Freight”) declared, and the Premium Price is referred to here as (“Shipping Total Declaration”). All values are declared in US Dollars.
The Shipping Declaration data is electronically shared with shipping companies, couriers, air cargo companies, sea cargo companies, airline companies, mail services, postal services (“Courier“), and Government Agencies responsible for the Shipment transportation, storage, or custody, and it will be printed and Shipping Declaration is meant to be used for the logistic purpose by the Courier, for duties and taxes and customs fees calculations by Government Agencies, for Insurance Coverage, Clause 12, and is also subject to Shipment Inspection, clause 7, and Shipping Error Fine, clause 8.
Under no circumstances will Enviato be held responsible or liable for any damage, destruction, loss, theft, confiscation, hold, delay, denial to release the Shipment to the Recipient, provide import and export paperwork requested, that is the result of Shipping Inspection issues related to the inaccuracy or incomplete Shipping Declaration or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection or in any part of the logistical route.
Clause 7.
You shall be responsible for the accuracy and the celerity of the Shipping Declaration, and any damage, destruction, theft, loss, confiscation, hold, delay, denial to release the Shipment to the Recipient, import and export paperwork release, resulting of issues found during a Shipping Inspection caused by the inaccuracy or incomplete Shipping Declaration, or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection, Clause 7.
6. Shipment Restrictions
6.1. PACKET STANDARD
-Goods containing Lithium Battery and Battery Shipping:
• The Lithium Battery itself must be installed in the equipment. It cannot be loose or separated from the item.
• All types of batteries, including Lithium batteries, cannot be shipped by themselves in a package, even if they are in their original packaging. These are Prohibited products.
- Perfume and Inflammable Products:
Enviato is able to ship Perfume and some Inflammable Products (“Perfume”), e.g. hand sanitizer, and these are Dangerous Goods and must be properly described in the Shipping Declaration in order for the proper paperwork, labeling information, and shipping packaging can be arranged.
• The total liquid volume of Perfume items per Shipment is 34 oz (1l or 1⁄4 gallon). E.g.: 4 Perfume containers of 250ml equals 1l total per Shipment.
6.2. SEA FREIGHT
You shall be responsible to follow the prohibitions and the restricted products for each shipment method. We are not responsible to check before sending the box. If you did not follow and on inspection before shipping we find this item, they may be destroyed or held plus a U$30,00 fee. If this is found in the customs inspection in the destination country you can lose, confiscate, or pay for extra taxes and duties. We are not responsible for any loss if you didn't follow the restrictions and prohibitions.
- All types of ELECTRONICS products cannot be shipped by ocean, except on the regular dimensions P/M/G boxes, which you can ship 1 unit per box, with an additional 10 % from the original product price.
- supplements, vitamins, and medicines, except on the regular dimensions P/M/G boxes, in which you can ship 6 units of vitamins per box.
- Car parts, engineers, pieces, or any product related to any type of vehicle.
- Tags or products prices
- More than 10 repeated products of the same type, except clothes.
- All the prohibited products on item 3.1 on this term.
Shipment Restrictions are subject to Shipment Inspection, Clause 7, and Shipping Error Fine, Clause 8.
7. Shipment Inspection
Any Shipment is subject to inspection before and during the shipping process. The package and the Shipping Declaration are subject to inspection, separated or combined. The package inspection can be physical, and it can be opened and manually inspected, or by X-Ray screening, and it can be Drug Detection tested. The Shipment Declaration inspection can be physical or electronic, human or computer-driven. Enviato and any Courier or Government Agencies involved in the shipping process can perform the Shipment Inspection at any time.
All requirements of Clauses 3, 4, 5, or 6 are checked during a Shipment Inspection, but are not limited to the inspection itself, and can be checked at any time during the shipping process.
If any issue is found during a Shipment Inspection or during any other type of checking procedure throughout the Shipment logistic, the package shipping may be destroyed, lost, confiscated, put on hold, delayed, and the Shipment release denied to the Recipient depending on the nature of the issue, and if it cannot be returned to Enviato, Enviato shall not be liable for the loss of the Shipment. If the package is in Enviato’s possession or it can be returned to Enviato by the Courier or Government Agencies, and the issue can be fixed, Enviato may allow the package issue to be fixed with your prior authorization and after any eventual Shipping Error Fine, Clause 8, is charged and paid.
We do not ship or deliver back to the User any package already received. If you decide to not make a new Shipment with the package with issues after Enviato has its possession, and has it shipped back to your sender's address, a return shipping charge will be quoted and charged by Enviato. The package can also be picked up at Enviato in up to 5 business days after Enviato acknowledges the issue and the Shipping Error Fine, Clause 8, is paid.
Any Shipment Inspection issue found is subject to the Shipping Error Fine,
Clause 8.
8. Shipping Error Fine
A $30 fee (“Shipping Error Fine”) can be charged by Enviato if any of the requirements of Clauses 3, 4, 5, or 6 are not followed, breached, misunderstood, ignored, or not acknowledged by you;
This shipping error fine covers the inspection cost, the package return to Enviato, cost after inspection is finished, the fixing of the original issue, and the creation of a new Shipping Declaration for the Courier and Government Agencies;
9. General Conditions/ Access and Use of the Services
9.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles, and interests in and to the Services and its components will remain with and belong exclusively to Enviato. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without the written consent of Enviato; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Enviato provides you or publishes in connection with the Services, and you shall promptly notify Enviato if you learn of a security breach related to the Services.
9.2. You may not tender for shipment any of the prohibited items listed under Clause 3.1. You grant Enviato, and any authorized third parties the right to inspect your Shipment at any time. We reserve the right to reject or suspend the carriage of any item.
9.3. You will not use the Services to (or assist another person to):
1. upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Enviato, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Enviato or its users to any harm or liability of any type;
2. interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
5. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
9.4. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content“). Enviato reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant Enviato a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve Enviato’s products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. Enviato has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Enviato, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that Enviato may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
9.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices, and (c) transmission to Enviato’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content. Enviato will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content.
9.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access, or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, computers, mobile devices, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Enviato’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords), and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
9.7. The failure of Enviato to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service is a contract between you and Enviato, even though it is electronic and is not physically signed by you and Enviato, and it governs your use of the Services and takes the place of any prior agreements between you and Enviato.
9.8. Subject to the Terms of Service hereof, Enviato may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Enviato might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general, any time Enviato considers it needed to carry on its Services.
9.9. In the event that you wish to change any information regarding the Shipment, such as an address, items included, or other matters, you shall notify Enviato customer service at oi@enviato.com In the event that the Shipment has already been handled over to the Courier, such changes may not become effective, or the Courier may ask a fee to validate the change.
9.10. In the event that a Shipment is recalled, blocked, or prohibited, except confiscated, for any reason by customs and government agencies, and the Courier does not provide the returned delivery to the sender's address, the Shipment can’t be returned to Enviato and if have a return will be charge a return fee. You may choose to collect the Shipment, at your own expenses, at a designated payment method provided by Enviato, and the Shipment will be shipped from the destination back to Enviato, and Enviato will charge a new Shipment, whether to the destination or to the sender address, wherever you decide.
9.11 Eligibility. To be eligible to use Enviato Services under this Agreement, you must be at least 18 years old and have an Enviato account registered to ship from the United States of America. If you have an Enviato account registered in a different country of origin.
10. Account
10.1. In order to create an account with Enviato, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information“) and will promptly update such Registration Information as necessary. Access to, and use of, the Enviato Account is restricted to authorized users only.
10.2. You agree not to share your password(s), account information, or account access information with any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify Enviato immediately of any unauthorized use of your account. Enviato shall not be liable for any unauthorized use of your account.
11. Payment of Fees
11.1. Fees
You can use Enviato to generate shipping using your own shipping account (“My Account“).
In case you generate a Shipment with an Enviato Account you will be charged the shipping cost, which shall include all costs related to the Shipment, quoted by Enviato, including, but not limited to, transportation cost, fuel surcharge, remote area surcharge, residential surcharges, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Enviato (“Shipping Fees“). You acknowledge and agree that the Shipping Fees do not include any additional fees arising out of separate agreements with third-party service providers or government agencies, like import tax, import duty, or any customs fees.
You will pay any fees related to your purchase from Enviato of any Products or Services, including, but not limited to, Shipping Error Fine, Clause 8, or any other fee (“Additional Fees“).
You shall be responsible to provide any information, instruction, warning, or notification needed to the Recipient person acknowledges that:
• Any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties“), will be of the Recipient’s sole responsibility.
• Under any circumstances Enviato will be held responsible for any damage, destruction, loss, confiscation, hold, theft, seizure, delay, denial to release the Shipment to the Recipient, import and export paperwork release, resulting of Shipping Inspection issues related to the inaccuracy or incomplete Shipping Declaration, or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection or in any part of the logistical route.
Clause 7.
Together, the Shipping Fees, Insurance Fees, Additional Fees, and the Shipping Error Fine are referred to as the “Fees“.
11.2. Discrepancies
Quotations for Shipping Fees by Enviato are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, type of goods, and value of the items. In the event, that a shipment is created based on the Shipping information you entered in your Enviato Account and there is a discrepancy between the Shipping Fees charged by Enviato at the moment the User purchases shipping and the costs charged by Enviato due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, description or quantity or value of the item(s), type of goods, addresses, declaration of residential address, or any other information critical to estimate Shipping Fees or to perform the shipping itself, as any issue found during a Shipment Inspection, Clause 7, you will be responsible for such discrepancy amount of Shipping Error Fine, Clause 8, or any fee adjustments (“Adjustments“) that may be charged. Enviato specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Enviato is not responsible for any changes or alterations to the Shipping Fees. Enviato agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Enviato makes no representations or warranties regarding the amount of time needed to complete processing.
11.3. Correction Fee
You must provide at least one valid payment method with us to pay for all incurred Fees and to transfer funds to your Enviato My Account. As Fees are incurred, any such amount will be deducted from your Account Balance and charged to your Payment Method.
Fees will appear on an invoice, which will be sent to the User via the email address registered in your Enviato My Account.
Shipping Fees, Insurance Fees, and Additional Fees are billed at the moment a shipping label is generated, therefore the Services shall be considered as “pre-paid“. Shipping Fees are subject to change as set out in Section 11.3 herein. In order to access our Services.
If we are not able to pay using one of your Authorized Payment Methods you may try to pay via any of the other Authorized Payment Methods Enviato provides. In case we are not able to collect the outstanding Fees we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees. You may not be able to access your Account during any period of suspension at which point you will be required to contact our support team thru the email oi@enviato.com If the outstanding Fees remain unpaid for ten (10) days following the date of suspension, you agree to deposit funds into your Enviato Account using another payment method and update the Authorized Payment Method.
11.4. Currency fluctuations and exchange rates
Enviato reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
Enviato will indicate which currency a transaction is being billed for, but Enviato is not responsible for any fees or currency exchange rates charged to you by any third-party payment provider.
11.5. Shipping Fee Disputes
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such a complaint to Enviato within thirty (30) days of the fee being charged (“Dispute Period“). Enviato will not review customer requests for Shipping Fees, Shipping Error fines, or Adjustments that are received after the Dispute Period.
11.6. Taxes
You acknowledge and agree that all fees, charges, and any other rates or amounts charged by Enviato to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes“) which may be levied in connection with the supply by Enviato of the Services to you.
Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Enviato to you.
11.7. Shipping Fee Refund
Users may cancel any paid and unused shipping and request a refund accordingly prior to a Shipment being processed. Enviato will refund the Shipping Fee to the User, either to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation. In the event that the Shipment has already been shipped and sent over to the Courier, such Shipment may not be canceled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by Enviato is shipped by the User, Enviato will bill and charge the User for the related Shipment Fees.
Under any circumstances Enviato will be held responsible or liable for a refund in case any of Clauses 3, 4, 5, or 6 are not followed, breached, or misunderstood, and the Shipment Inspection, Clause 7, results in any inspection or clearance issue.
11.8. Others
You are responsible for all applicable Taxes that arise from or as a result of your purchase of Enviato Services. To the extent that Enviato charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Taxes by Enviato, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Enviato under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Enviato to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Enviato shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
12. Insurance Coverage
Shipment Insurance Coverage is optional, it is not included in your Shipment created in your Enviato My Account. You may purchase insurance coverage for your Shipments (“Insurance Fees“) through Enviato by accepting Insurance Coverage offered through the Site in My Account during the Shipping Declaration creation.
The Coverage Amount is the sum of the Shipping Total Declaration. Insurance Coverage is optional and may cover the Coverage Amount.
All rules, terms, and policies related to shipping insurance be governed by the Insurance Terms and Conditions below:
• The insurance Price, for PACKET STANDARD, is calculated according to the rules below:
4.5% of the total declaration Amount and cover only the declared value, in cases of misdirection, did not cover the freight price and product price.
• The insurance Price, for OCEAN FREIGHT and SPECIAL AIR FREIGHT, is calculated according to the rules below:
15% of the total value of the products or partial value declared of your choice, limited of the maximum amount of the real total price of the products. Coverage is limited to the stretch to the destination airport or port, and does not include the internal local freight route. Coverage cases of misdirection, loss, theft, damage, shortage, or non-arrival.
• Insurance Coverage may be denied if:
You open an insurance claim (“Insurance Claim”) after 5 (five) business of the date of the Shipment delivery to the Recipient;
Any of the Clauses 3, 4, 5, or 6 are not followed, breached, or misunderstood; o Clause 7, Shipment Inspection results in any inspection issue;
Shipment labels are not properly attached to the box;
Shipment labels or are not fully visible and readable;
Shipment labels are not waterproof;
Items are damaged for any of the reasons below:
Shipment is not properly packaged and sealed with packaging tape;
Shipment package is not strong enough to securely hold its content, as heavy or sharp edge items, resulting in crumpled, ripped or distorted box;
Shipment package has holes, is crumpled or ripped before shipping;
Shipment package damaged before the shipping is poorly fixed by the shipper;
Sharp edge items are not properly cushioned inside the package;
Items subject to leaks as liquid containers are not properly sealed to retain eventual leaks;
Box internal space is not fully filled with items, or cushion, such as air pillow or packaging peanuts, resulting in crumpled, ripped or distorted box;
Fragile items, especially glass, ceramic and plastic, are not properly cushioned and protected from heavy items;
Shipment large corrugated boxes are not Heavy Duty grade;
• Insurance Claim must be opened within 5 (five) business days of the date of the Shipment delivery to the Recipient;
• Insurance Claim must be opened by you by sending an email to oi@enviato.com requesting a refund and providing the shipping tracking number, the claimed reason, and detailed information that led you to open the claim, including events that preceded the moment that make you decide to open the claim.
• Insurance Coverage may be approved or denied up to 90 business days after you open a claim with Enviato;
• Enviato may require documents, pictures, videos, and statements from you or any other party involved in the Shipment, as the Recipient, the Courier, and Government Agencies, in order to investigate the Insurance Claim;
• Enviato shall not be responsible to provide the reason for an eventual Insurance Claim denial;
13. Intellectual Property
13.1. Enviato Property
For purposes of this Agreement, “Enviato Property“ shall mean (a) Enviato’s methodology for the provision of Services; (b) the Developer Tools; and (c) Enviato’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Enviato hereby retains all worldwide right, title, and interest in and to the Enviato Property. Any rights not expressly granted herein to the Enviato Property shall be retained by Enviato. You acknowledge that all right, title and interest to the Enviato Property is owned by Enviato.
13.2. Client Property
All materials provided by you under any shall be deemed “Client Property“ for purposes of the Agreement. You hereby grant to Enviato a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to Enviato under these Terms of Service.
14. Aggregate Use
Subject to the Terms of Service herein, you hereby acknowledge and agree that Enviato may compile aggregate results from all of, or a selection of your use of the Services, provided that Enviato shall not disclose any information that would individually identify you (“Aggregate Information“). Such Aggregate Information shall be deemed to be Enviato’s Confidential Information. You also hereby agree that Enviato may review and use your individual use of the Services in order to provide Services to you, to evaluate Enviato’s provision of the Services, and to improve Enviato’s Services offerings.
15. Privacy Policy
Enviato believes in protecting your privacy. Any information you provide to us or input on the Website as set out above will be used in accordance with our privacy policy. We do not sell, rent, or otherwise disclose your Confidential Information to a third party, without your consent or as permitted by the Privacy Policy.
16. Indemnification
You agree to indemnify and to hold harmless Enviato, our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service. Upon requesting our Service, you agree to indemnify and hold harmless Enviato from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention, and other charges of any nature, whether or not Enviato accepts such order.
17. Disclaimers
17.1. As Is
Enviato endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is“ and “as available“ basis. Enviato and Enviato’s suppliers expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement for the services, the Website, and any third party services. The use of the Services, Website, or third party services shall be at your own risk.
17.2. No Continuous Access
Enviato does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. Enviato will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but Enviato makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. Enviato is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.
17.3. Others
You understand that Enviato may not inspect your goods nor does Enviato take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that Enviato is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through Enviato.
18. Limitation of Liability
18.1. Third-Party Liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
18.2. Waiver of Consequential Damages and Limitation of Liability
In no event shall Enviato be liable for any indirect, incidental, special, or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall Enviato’s liability under this agreement exceed the monies paid or payable by you to Enviato for the applicable services excluding carrier fees or other third party fees (“damages cap“). In the event of an unauthorized transaction by an Enviato employee or agent, Enviato is only liable for the damages cap. Enviato must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Enviato.
18.3. Declaration and Accurate Information
You are responsible to provide complete and accurate information in respect of the Shipment Declaration. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Enviato for and hold Enviato harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Enviato shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Enviato is in no way responsible for any damages, or losses due to custom practice. Enviato shall not be liable for the accuracy and truthfulness of the information provided by you.
18.4. Import Taxes and Duties
18.4.1 PACKET STANDARD
When you generate a Shipment using your Enviato My Account shipping, you will have created a DDU Shipment, DDU stands for Delivery Duty Unpaid. In DDU Shipments, you choose not to pay in advance for any taxes and duties in respect of the Shipment arising in the destination country, of which the Recipient will be billed accordingly. By using DDU Shipment, Users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties“), will be of the Recipient’s sole responsibility. Enviato shall not be liable for any discrepancies between the Shipping Fees by Enviato and any local fee, especially Taxes and Duties, or additional delivery fee charged to the receiver.
Enviato will not provide you an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate“). For DDU Shipments, such an Estimate shall be requested by you or the Recipient to the Government Agencies in the destination country. The Users and Enviato shall not be liable for any discrepancy between any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Enviato by the User is complete and accurate, being the Recipient fully liable for such fees.
18.4.2 OCEAN FREIGHT AND SPECIAL AIR FREIGHT
When you choose Ocean Freight or Special Air freight Enviato will estimate the Taxes and Duties for the shipment. The freight charges will include only the import tax estimate. We do not include the local taxes and duties from the destination country. In case of the estimate is lower than the real taxes and duties at the destination the Recipient is fully liable for such fees. Enviato shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
The user is responsible for creating the customs declaration and checking if the shipment product and quantity are accepted in the destination country. Enviato is not responsible or liable for any extra tax and duty, damage, destruction, loss, theft, confiscation, hold, or delay after the shipment goes to the local freight.
Enviato shall not be liable for any discrepancy between any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Enviato by the User is complete and accurate, being the Recipient fully liable for such fees.
19. Customs
The user is solely responsible for declaring the contents of each box and the corresponding values (customs declaration). As governed by the legislation of the destination country.
The user is responsible for determining and following the dispatch rules, including all customs requirements in the country of destination.
Enviato shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Enviato shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
Enviato shall not be liable for any customs fee, duties, and taxes, or any other fee related to the customs clearance process that Courier or Government Agencies may charge.
20. Service provided by Courier
Enviato is a technology platform that connects shippers and couriers. In no circumstances will Enviato be liable for any Services or information provided by any Courier. Under no circumstances Enviato will be held responsible or liable for any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to couriers, failed or late shipment collection by Courier, or any issues with tracking updates, for any Courier, also Enviato is not liable for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). Enviato is not liable for the delivery time information shown on the Website.
Further to the above, Enviato connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
21. Other
Enviato is not liable for any fees, or expenses, resulting from a change of information from your side (for example a change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Enviato. Enviato is not liable for any delay in the generation of shipping documents.
22. Termination
You have the right to terminate your account at any time by sending a cancellation request to oi@enviato.com Subject to earlier termination as provided below, Enviato may terminate your account and these Terms of Service at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, Enviato may also terminate these Terms of Service upon thirty (30) days’ notice (or ten (10) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. Also, Enviato reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, Enviato may store all of Your Content on the Services (if any), or it may be permanently deleted by Enviato, in its sole discretion. Enviato will reimburse the balance within ninety (90) Days.
23. Disputes
Please note, that while disagreements sometimes arise, Enviato wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to oi@enviato.com. If you feel an escalation is merited, please email oi@enviato.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
24. Governing Law and Venue
These Terms of Service shall be governed by the laws of the United States of America. By using our Services, you agree to submit to the exclusive jurisdiction of the United States Court.
25. General Provisions
25.1. Severability
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.
25.2. No Waiver
Failure or delay of Enviato to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
25.3. Notices to You
You agree that Enviato may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, mailing it to the street address listed in your account, or sending a WhatsApp message to your phone number. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account or sent to your WhatsApp phone number. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered. Enviato reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
25.4. Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without Enviato’s prior written consent and any attempted assignment without that consent will be void. Enviato reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the party's successors and assigns.
25.5. Attorneys’ Fees and Costs
Enviato shall have the right to collect from you its reasonable costs and necessary disbursements and attorney's fees incurred in enforcing these Terms of Service.
25.6. Force Majeure
Enviato shall not be liable for any delays or inability to perform the Services caused by forces beyond Enviato’s control including, without limitation, acts of God or acts of third-party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots, and civil commotions, or any reason beyond Enviato’s control, or because of loss or destruction of goods for which Enviato is not liable, or because of any other excuse provided by law, Enviato shall not be liable for failure to carry out such instructions.