1.1 ShipSmart: SHIPSMART TECNOLOGIA LTDA., a limited company, headquartered at Avenida Paulista, nº 171, 4º andar, Paraíso, São Paulo/SP, CEP 01311-000, registered with the CNPJ under nº 28.575.809/0001-60.
1.2. user: natural or legal person, regardless of gender, who will use the Services provided by ShipSmart, through the System, under the terms of these General Conditions.
1.3 Services: the services provided by ShipSmart indicated in the System.
1.4. system: tool made available on the website “http://www.ShipSmart.com.br/” through which the user will use the ShipSmart Services.
1.5. website: the electronic address “http://www.ShipSmart.com.br”.
1.6. Shipment: the User’s product and/or document that will be transported by ShipSmart.
1.7 Remittance Service: transportation service of Remittance to locations outside Brazil.
1.8. Calculation Service: service for calculating taxes and freight charges on a certain shipment, even if the shipment is not made.
1.9 General Conditions: These General Conditions of Availability of System Use License and all its clauses, which bind ShipSmart and User.
2.1. The User recognizes and agrees that, when registering in the System, he/she accepts all the terms and provisions of these General Conditions.
3.1. The Services provided by ShipSmart, under these General Conditions, shall be made available by ShipSmart and contracted by the User through the System.
3.2 The Services available in the System may include, but are not limited to, product and/or document shipping services to locations outside of Brazil and taxation and freight calculation services for product/and or document shipping abroad.
4.1. The User acknowledges that any and all products (i) related to illegal activities; (ii) prohibited by law at the place of origin, destination or transport route and (iii) that require specific licenses for storage or distribution may not be sent by the Shipment Service.
4.2 Due to the above prohibitions, in order to guarantee the security of the shipment of products, ShipSmart may check the products to be shipped by Users, without such permission being considered, in any way, a violation of the User’s privacy.
4.3. The User shall be solely liable in the event of non-compliance with the prohibitions of shipment provided for herein, pursuant to Section 10 below.
5.1. The User shall be solely responsible for all data, information, comments, suggestions, texts, content and other materials made available as a result of these General Conditions and the provision of the Services, and ShipSmart may not be held liable if the User provides such information to third parties.
5.2 ShipSmart may use the contact information provided by the User to conduct any type of contact related to these General Conditions, including but not limited to providing information of the products in Shipment, sending promotions and discounts and requesting feedbacks.
5.3 The User agrees that all data provided by him/her in the System must be true, accurate, current and complete.
5.4 The User acknowledges that ShipSmart may alter or modify these General Conditions at any time, such modifications being effective as of the moment they are updated on the Site.
6.1 The User who contracts the Shipment Service must indicate all the information regarding the Shipment in a true and accurate way, and in case there is any divergence in the amount incurred by ShipSmart to perform the Shipment Service and the amount actually paid by the User due to an error in the information provided by the User, the User shall bear all the divergent amounts.
6.2 When hiring the Shipment Service, the User must choose the method of delivery of the product to ShipSmart, as well as indicate the person responsible for the payment of taxes on the Shipment Service.
6.2.1 If the User is responsible for the payment of taxes, ShipSmart will guarantee the delivery of the Shipment to the recipient, as it will be responsible for the clearance of the Shipment at the customs office of the respective location.
6.2.2 If the User designates the recipient of the Shipment as responsible for the payment of taxes on the Shipment Service, ShipSmart does not guarantee the delivery of the Shipment to the recipient, and the Shipment may be picked up at the customs office of the respective location, in which case the recipient shall pay the taxes and freight due to pick up the product.
6.2.2.1 The User expressly agrees that if he chooses the option provided in Section 6.2.2 above and the recipient does not pay the taxes upon delivery of the product to the customs office, the User shall bear the return freight costs to the origin address.
6.2.3 The User agrees that he will always bear the shipping costs of the Delivery Service.
6.3 ShipSmart will make available to the User, in a specific field in the System, the tracking of the Shipment and other information about the Shipment Service.
6.4 If the User wishes to change any information regarding the Shipment, he must send the request through customer service via the System or to the email oi@ShipSmart.com.br, and if the information that the User wishes to change is impossible to change or has some cost to do so, this cost will be borne exclusively by the User.
6.5. The User acknowledges that if a Shipment is delivered to the carrier and the carrier is unable to perform the transportation service to the recipient address, the Shipment will be returned to the User without any liability to ShipSmart.
6.6 The User declares and agrees that ShipSmart will not be responsible if the Shipment is prevented from reaching the final recipient due to impediments presented by the customs office, and the User must bear any and all extra costs due to the eventual impediment.
6.7 If the Shipment is taxed, at the destination customs office or in the middle, at an amount excessively higher than the one already paid by the User, or if it is stopped for any reason that implies the need for payment higher than the one already paid by the User, ShipSmart shall notify the User within 24 (twenty-four) hours of the event, so that the User may decide whether to pay this amount or pay the freight to return the Shipment to its original address.
7.1. The System will indicate the amounts referring to each of the Services provided by ShipSmart, as well as the available payment methods, being the User’s entire responsibility to provide complete and accurate information that allows the payment of the Services.
7.2 The User acknowledges that he/she will be responsible for any and all taxes or charges arising from the contracted Services.
7.3 The User acknowledges that the Shipment Service and the Calculation Service will only be provided after ShipSmart has confirmed payment for the services by the Customer.
7.4 ShipSmart may, at its sole discretion, allow the legal User to contract the services through the payment method via invoice, whereby the legal User will be obligated to pay for the services in the manner and frequency indicated in the System.
8.1. The User does not acquire through these General Conditions any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights to confidential information or trade secrets, over or relating to the System and ShipSmart.
8.2 All content made available in the system, including, but not limited to, text, graphics, images, logos, icons, photographs, editorial content, notifications and any other material, shall be the exclusive property of ShipSmart, unless otherwise expressly stated in these General Conditions.
9.1 ShipSmart declares that it will use the User’s personal and confidential information exclusively for the purpose of these General Conditions, undertaking not to disclose any personal and confidential information to any third party.
9.2 Without prejudice to the obligation of confidentiality, the User undertakes to keep with him/her and not to provide any third party with his/her access information to the System (login and password), being that, in case a third party comes to know the User’s personal and confidential information as a result of any act not attributable to ShipSmart, ShipSmart may not be held liable and it will not be understood as a breach of confidentiality.
10.1 The User agrees and acknowledges that it shall hold ShipSmart harmless from any loss or damage, judicial or extrajudicial, that ShipSmart may suffer as a result of the violation of these General Conditions, especially, but without limitation to the shipment of prohibited products and/or any damage originated therefrom.
11.1 To the maximum extent permitted by applicable law, the System is provided “as is” and “as available” with all faults and without warranty of any kind.
11.2 ShipSmart does not warrant that the functions contained in the System will meet your needs, that the operation of the System will be uninterrupted or error-free, that any service will continue to be available, that defects in the System will be corrected, or that the System will be compatible or work with any third party System, applications or services.
11.3 ShipSmart acknowledges that the System shall not be used in situations or environments in which the failure or delays of errors or inaccuracies in content, data or information provided by the System could lead to death, personal injury, or serious physical or environmental damage, including, but not limited to, the operation of nuclear facilities, air navigation or communication systems, air traffic control, life support or weapons systems, as well as any damage arising therefrom.
12.1 The User may, at any time, terminate his account on the System by means of a cancellation request sent to the e-mail address oi@ShipSmart.com.br.
12.2 The User agrees and acknowledges that the violation or infringement of any provision of these General Conditions will allow ShipSmart to immediately discontinue the Services, and ShipSmart may also suspend the User’s account in the System, without prejudice to ShipSmart taking any possible legal actions.
13.1 It is hereby established that in the event ShipSmart enters into an agreement with a third party to provide the System, the Shipment Service and the Calculation Service within the e-commerce sales market, this third party shall be responsible for any and all acts or charges attributable to the person accessing the System through its sales portal, and for the purposes of these Conditions, this person shall be considered a “User”, and all provisions herein shall apply.
14.1 The tolerance of one party towards the other regarding the non-fulfillment of any of the obligations assumed in this contract shall not imply novation or waiver of rights. The tolerating party may, at any time, demand from the other party the faithful and full compliance with this contract;
14.2 If any provision of these General Conditions is held to be void, voidable, invalid or unenforceable, no other provision of these General Conditions shall be affected as a consequence thereof and the remaining provisions of these General Conditions shall therefore remain in full force and effect as if such void, voidable, invalid or unenforceable provision were not contained in these General Conditions;
15.1 These General Conditions are governed, interpreted and will be subject to Brazilian law, and the central court of the Capital City of the State of São Paulo is elected as the competent court to settle any doubts or controversies arising from these General Conditions, to the exclusion of any other, however privileged it may be, with which the User recognizes and agrees.
