User Agreement

USER AGREEMENT

on providing Services of TOTABOX
The Fly America SF Inc. Company, resident of the USA (hereinafter referred to as the Contractor) and a legally capable individual registering at the web site totabox.com (hereinafter referred to as the Customer), conclude the present Agreement on the below-mentioned conditions. The present Agreement is a public and official offer to an unlimited number of individuals among the visitors of the afore-mentioned web site to use the services of the Contractor (a public offer).

 

CHAPTER 1. TERMS AND DEFINITIONS

Forwarder is a judicial body registered in the due procedure within the territory of the country of residence, having transferred an express package to a postal company or an express shipper to be forwarded.

Addressee is an individual, the contact details of which are indicated on the face of the personal waybill of an express shipper or on the international postal waybill and is an end Addressee of an express shipment.

Product is any consumer goods for an individual’s personal use and the circulation of which is not limited by the applicable law of the country of residence of the Forwarder or the Addressee. The aims of the Product use are set in accordance with the legislation of the residence country of the Addressee.

 

CHAPTER 2. SUBJECT OF THE AGREEMENT

1. Upon the Customer’s authorization and for a fee, the Contractor shall effect the following actions (hereinafter referred to as the Services) in the Contractor’s own name and at the expense of the Customer’s funds:
– Purchase of the Products in distance selling shops and at Internet auctions (hereinafter referred to as the Seller) on conditions of the present Agreement;
– Acceptance, storing and processing of the Products bought by the Contractor upon the Customer’s authorization, or bought by the Customer itself;
– Delivery of the Products, which have been bought upon authorization of the Customer or by the Customer itself, by means of transferring the Products to a postal service and/or an express shipper.

2. For its services, the Contractor shall charge the Customer with a fee in accordance with the tariffs indicated at the web site totabox.com.

3. The Customer expresses its consent and provides the Contractor with the right for receiving, storing, processing and transferring the Customer’s personal data.

4. The Customer agrees the Contractor shall have the right to attract third parties for fulfillment of the Contractor’s obligations under the present Agreement.

5. The Contractor reserves the right to introduce changes into the present Agreement, Tariffs and conditions of services provision unilaterally, in connection with which the Customer shall regularly monitor changes in the Agreement published at http://www.totabox.com/agreement/.

6. The Customer accepts the conditions of the present Agreement and enters it by means of registering at the web site. Changes to the present Agreement are accepted by the Customer by means of transferring funds to the Contractor to be credited to the Customer’s personal account at the web site totabox.com and/or at transferring an instruction to the Contractor by pressing the “Add product” button in the personal account at the web site totabox.com.

 

CHAPTER 3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT

3.1. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

1. The Contractor shall provide the Customer with the Services within the stipulated timelines, as well as meet the requirements of the Customer regarding provision of the services in case these requirements do not contradict the present Agreement, the information published at the web site totabox.com, as well as the current legislation of the USA.

2. The Contractor shall keep the personal data submitted by the Customer confidential and shall not disclose the data to third parties, unless it is required for fulfillment of the terms of the present Agreement.

3. The Contractor shall provide the Customer with information on fulfillment of the instructions indicated in the present Agreement.

4. The Contractor shall reserve the right to refuse purchasing any product for the Customer with no explanation of the reasons for doing so.

5. The Contractor shall at any time have the right to request the Customer to validate its identity and/or the right for using the bank card the payments for products and services have been effected from, namely: request a scan copy of the general civil passport, international passport, other ID card, an original and/or a copy of a bank card the payments to the Contractor have been effected from, with the six central digits hidden, request the Customer’s full-face photo with a passport or any other ID card in one’s hands.

3.2. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

1. The Customer shall pay in due time and in full: the cost of the products ordered, the cost of delivering them to the warehouse, taxes, duties, customs duties and other expenses arising in connection with the Services provided by the Contractor, as well as the cost of the commission fee of the Contractor, the cost of the products delivery to the Customer. In case of insufficient funds, the Contractor shall have the right to suspend or terminate servicing the Customer.

2. The Customer shall keep all the documents (invoices, receipts, bank statements) confirming payment for the Products and/or Services till the moment of the Products delivery.

3. The Customer shall not use the ordered Product for entrepreneurial purposes. The aims of using the Product are set in accordance with the legislation of the destination country.

4. The Customer shall independently track arrival of the products to the warehouse of the Contractor and its further forwarding to the Addressee.

5. The Customer shall be liable for the compliance of the ordered products with the conditions of delivery of a postal service (shipper) and with the customs legislation of the country it resides, including, but not limited to, dimensions, weight and contents of the product, as well as dimensions and weight of the package necessary for forwarding the product to the Customer via a Postal service (shipper).

6. The Customer shall be fully liable for due and true provision of the information necessary for provision of the Services, including information about the products bought by the Customer independently, to the Contractor by means of transferring:
– Web links to the Products bought in the distance selling shops and/or online auctions;
– Copies of documents validating the identity of the payer, payment for the Products and their cost;
– Full name of the Products, including one in Russian.
In case of lack of such information or doubts concerning its authenticity the Contractor shall have the right to suspend provision of the Services.
In case of provision of doubtful or knowingly false information about the express shipment or its enclosure, tax authorities of the destination country may impose sanctions in the form of confiscation of the express shipments. In this case the Customer might face the civil proceedings for reimbursement of the loss caused.

 

CHAPTER 4. ORDER OF SERVICES PROVISION

4.1. MONEY FUNDS TRANSFER (REPLENISHMENT OF CUSTOMER’S PERSONAL ACCOUNT)

1. Replenishment of the Customer’s personal account shall be possible in the ways indicated at the web site totabox.com.

2. In case the real price of the Product differs from the Price indicated by the Customer in the instruction, at the earliest opportunity the Contractor shall inform the Customer about this for the reason of obtaining confirmation or cancellation of the ordered Product (excluding cases stipulated in paragraph 2, extract 1 of Chapter 3 of the present Agreement). In case of impossibility of getting in touch with the Customer the order for purchasing the Product shall be deemed cancelled.

3. When paying for the Contractor’s Services, the Customer shall pay any intermediary banks and/or payment systems commissions arising.

4. In case delivery of the Products within the country is free for a certain amount of the ordered products, but later one or more products is deleted from the group of the paid products (e.g. for the reason of its being out of stock), this leading to the sum lowering below the limit value, delivery shall be paid and the payment shall be debited from the User account of the Customer.

4.2. PLACEMENT OF PRODUCTS PURCHASE ORDER FOR CONTRACTOR

1. When adding products to the personal account, the Customer shall indicate the complete cost of the product and cost of the product delivery to the Contractor’s warehouse within the USA. In case the Customer hasn’t indicated the necessary data or it has changed, the Contractor shall have the right to unilaterally debit the Customer’s account with the amount necessary for covering the costs incurred when purchasing the product indicated by the Customer amounting to not more than 20% of the product cost (cost of every product in a group) and not more than $20 in absolute figures. In case of insufficient funds at the User account of the Customer, the Product can be purchased with the account indebtedness. In case when this indebtedness is not reimbursed by the Customer within 15 days, the product shall be returned to the Seller, while the Customer shall be debited for the Contractor’s services, cost of delivery to the Contractor’s warehouse and return delivery from the Contractor’s warehouse to the Seller.

2. When indicating sizes (for clothes, footwear, etc.), American sizes shall be indicated, or sizes with marks UK, EU, Ital, etc. shall be used. Otherwise the Contractor shall assume the size indicated is an American size and the product is bought using this American size.

3. For participation in bidding at an eBay auction the Contractor shall provide the Customer with a program for automatic purchasing, but shall not guarantee buy-out of a product.

4. In case of participation in an auction thought the personal account, the Customer shall replenish the personal account with the necessary amount in advance. In case of insufficient funds at the personal account of the Customer, further increase of bids shall be impossible.

5. Purchase at the eBay auction shall be possible only from sellers with their rating not lower than 5. For the items from Sellers with their rating lower than 15, additional checking shall be conducted before purchase. The Contractor shall reserve the right to refuse purchasing a product from any Seller having not passed the checking.

6. The Contractor shall pay the seller for the products on condition that the seller offers products shipping within the territory of the USA.

7. In case of the ordered products are out of the Seller’s stock, the Contractor shall reserve the right to exclude the indicated Product from the Customer’s Order and notify the Customer about this by means of forwarding an electronic message to the address indicated at registration.

8. In case the seller has not shipped the product, the Contractor shall do its best to return the transferred funds, yet shall not guarantee their return, and shall not compensate the Customer’s loss in this case. The Customer shall choose the Seller, and the Contractor shall not be liable for its actions.

9. When refusing a product on the Consumer’s initiative (including products already purchased with the indebtedness at the User account of the Customer), the Customer shall be debited for the return delivery of the Product to the Seller; commission fee shall not be returned in this case. When refusing the product, after opening a dispute case with the seller, commission fee shall be returned at the rate of 50% in case when a service of the product check at the warehouse has been ordered beforehand, and shall not be returned if the product check as the warehouse has not been ordered beforehand. Refusal from purchase at the eBay auction shall not be possible if the seller does not have the product return policy indicated in the listing description. If the products return policy is indicated, return shall be possible based on that policy.

4.3. ACCEPTANCE OF PRODUCTS FOR STORING, WAREHOUSE PROCESSING

1. The Contractor shall accept the Product, delivered by a postal service (shipper) from the Seller, to its warehouse. The period of free storing for the Products of the Customer bought with the help of the Contractor’s Services shall amount to 30 calendar days; for the products bought by the Customer itself it shall amount to 30 days, too. The period of free storing shall be calculated from the moment of the actual arrival of the shipment to the warehouse till the moment of sending the shipment out of the USA. For storing products and/or shipments of the Customer over the free storing period the Contractor shall be debited commission fee for storing. In case the Customer does not claim the product within 4 months from the moment of receiving the product to the warehouse, the Contractor shall have the right to utilize the product. The funds including, but not limited to, cost of the product and fee of the Contractor for the utilized products/shipments shall not be reimbursed.

2. In case of paying additional charges, fees, taxes, etc. for the independent purchases of the Customer when receiving them at the warehouse, the Contractor shall have the right to debit the User account of the Customer, with the funds including cases when indebtedness might appear. The Customer shall cover all expenses the Contractor incurs. Upon receiving prior notification on necessity of paying for additional charges, fees, taxes, etc. from the delivery services, the Contractor shall notify the Customer about this. In case the Customer refuses to cover the afore-mentioned expenses the Contractor shall have to refuse accepting the product/shipment to the warehouse.

3. The Contactor shall package the products of the Customer received at the warehouse in accordance with the data indicated by the Customer in the “Purchases” section of the personal account. In case the shipment of the Customer cannot be sent by means of the delivery method indicated by the Customer because of its dimensions or weight, the Contractor shall have the right to change the Product delivery method automatically with no Customer’s approval needed.

4. For using the “Independent orders” service, the Customer shall validate its identity, as well as lawfulness of the purchase made by means of providing the Contractor with the copies of ID documents. Use of the “Independent orders” service shall be prohibited for ordering products by installments or by cash on delivery, registration of an account at eBay, opening bank accounts or credit cards or any other goals except for receiving shipments. Delivery of shipments to warehouse on the Customer’s using the “Independent orders” service shall be possible only for the addressees whose name coincides with the name of the owner of the bank card, from which payment for the products delivered in the shipment has been made. In case the Contractor has accounting documents that are undoubtful proofs the product has been bought using payment details of any other person, the product shall be placed for storing at the Contractor’s warehouse and blocked simultaneously with banning the personal account of the Customer.

5. The Contractor shall reserve the right to open any shipment arriving to the warehouse for the purpose of checking it against prohibited enclosures. The Contractor shall have the right to refuse shipping any product in case it considers the product to be not in compliance with the exportation/importation regulations. In case of arrival of the prohibited products to the warehouse, return or utilization of the product is effected at the expense of the Customer. List of prohibited products: http://www.totabox.com/faq/.

6. Possibility of conducting actions other than those indicated in the Services section in terms of the products/shipment shall be considered by the Contractor individually upon the Customer’s request. Cost of such works shall be calculated on the hourly basis according to the tariff. When additional packaging materials are used, cost of the used materials shall be paid separately from the works cost.

4.4. PRODUCTS RETURN POLICY

1. The Customer shall have the right to request return of the Products to the Seller in case when the purchase has been made in accordance with instructions of the Customer only on condition of the Seller vividly indicating the possibility of return and the Product’s return policy.

2. In case of returning the Product, the cost of delivery of the product from the Customer to the Contractor and from the Contractor to the Seller, as well as in reversed directions, shall be paid by the Customer additionally.

3. The Contractor shall decide on possibility of returning a product, completely guided by the decision of the Seller on possibility of return. When the Contractor finds defects, mismatch of the product with the advertised naming, or in case of the lack of products with no Customer’s preliminary order of the service of product checking, return of the product is possible on condition of the Customer’s paying for the service of disputes with the Seller.

4. In case the Seller decides to refuse the Customer in returning the Product, the Contractor shall not reimburse the cost of the Product to the Customer.

5. All operations on return shall be executed in complete accordance with the Seller’s policy, including, but not limited to, the deadlines, procedure and the amount of compensation.

6. The Customer shall take into account the duration of delivery of the Product from the Customer to the Contractor, duration of return processing at the Contractor’s warehouse (up to 5 working days) and duration of delivery of the Product from the Contractor to the Seller, when calculating the possibility of returning Products to the Seller.

7. Return of the funds to the Customer shall be effected after complete return of the product cost made by the Seller to the Contractor.

8. Commission fee for the Contractor’s services shall bot be returned notwithstanding the decision of the Seller of possibility/impossibility of the Product return.

9. On re-shipment of exchanged product the Customer shall pay the complete cost of order processing by the Contractor in accordance with the price tariffs indicated at the web site totabox.com.

 

CHAPTER 5. DELIVERY OF PRODUCTS

1. Delivery of the Products shall be made by the methods, on conditions and using the tariffs indicated at the website totabox.com, by means of transferring them to the state postal company of the USA – United States Postal Service (USPS) and its branches – First-Class Mail International, Priority Mail International (Airmail), Express Mail Service (EMS).

2. Payment for delivery of the Customer’s products shall be effected separately from the payment for the Products themselves. Cost of delivery of the Products shall be indicated after the product is packaged and weighed. After packaging the product, the Contractor shall never open the packaged shipments and change products. In case of insufficient funds at the Consumer’s account, transfer of the shipment to delivery service shall be suspended till the Customer pays the debt on one’s personal account.

3. The Contractor shall transfer the packaged shipment containing the Customer’s products to a postal service (express shipper), which has been indicated by the Customer in the “Shipments” section of the personal account.

4. The Services shall bee deemed provided in full from the moment of transferring the products of the Customer to a postal service (express shipper).

5. The Contractor shall provide the Customer with a possibility to fill out the invoice (waybill) to be accompanying the shipment (product).

6. The Contractor shall not be liable for the actions of the state postal service, courier mail services and forwarding companies (express shippers) and cannot influence the delivery timeline. The timelines indicated at the web site totabox.com are estimates.

7. When an insured event appears (damage, lack, loss in the way), the Contractor upon the Customer’s application shall lodge a claim to the responsible service for the insurance sum reimbursement, and the damaged product shall be returned to the Forwarder. When receiving reimbursement, the Contractor shall credit the insurance payment to the User account of the Customer.

 

CHAPTER 6. LIMITATION OF LIABILITY AND FORCE MAJEURE

1. The parties shall be contracted out of liability for partial or complete breach of obligations under the present Agreement, if such breach is a result of the insurmountable circumstances (force majeure), having arisen after concluding the present Agreement as a consequence to the extraordinary events that could neither be foreseen nor prevented by a party by means of reasonable methods. Force majeure shall include: inundations, conflagrations, earthquakes, explosions, epidemics and other nature phenomena, as well as war or military activities, etc.

2. The Contractor shall not be liable for any expenses of the Customer, direct or indirect loss that the Consumer might incur as a result of using the Contractor’s services, as a result of using or impossibility of using the Services and one incurred as a result of errors, omissions, breaks in work, file deletions, changes of functions, defects, delays in the work at data transfer, etc.

3. The Contractor shall not be liable for the actions of the accompanying services used for provision of the Services to the Customer, but not belonging to the Contractor, e.g.: banks, postal services, Internet service providers, email services, payment systems, etc.

4. The Contractor shall not be liable for the timelines of the product delivery from the Seller to the Contractor.

5. The Contractor shall not be liable for the timelines of receiving responses from the Sellers and shall reserve the right to get in touch with the Seller within 14 days after purchasing a product.

6. The Contractor shall not be liable for quality and completeness of the products received at its warehouse, neither shall it provide warranty for the products bought by the Customer using the Contractor’s Services.

7. The Contractor shall not check the products received from the Seller for compliance with the characteristics indicated by the Customer, and in case of the Customer’s error it shall not be liable for the product’s mismatch. Check of the Product is a separate paid service effected in accordance with the tariffs indicated at the web site totabox.com.

8. The Contractor shall not be liable for dishonesty of sellers chosen by the Customer in cases when: a products has been dispatched with a delay; a product has been sent, but does not match the description; a product is non-working (though listed as working); a product hasn’t ever been dispatched (fraud cases).

9. The Customer shall agree not to make the Contractor a defendant or a codefendant on any responsibilities and expenses connected with any loss incurred by the Customer as a result of actions of the third parties, including but not limited to the Seller, Postal and courier services, payment systems.

10. In case the invoice is filled out by the Customer or an authorized representative of the Customer on the Customer’s instruction set in the personal account, the Customer shall be liable for correctness and completeness of the data indicated in the waybill and invoice.

11. The Contractor shall reimburse the losses of the Customer upon its request only in case when the claimed losses result from the Contractor’s errors made at the Services provision. However, the amount of reimbursement shall not be higher than the commission fee of the Contractor.

 

CHAPTER 7. THE SERVICE OF SHIPMENT EXTENDED INSURANCE

1. The Customer shall have the right to use the offer of the Contractor on insuring risks connected with the delivery of the Products to the Addressee. The Customer shall accept the conditions of the Extended Insurance service by having indicated the amount of the insured value of the shipment at the moment of forming it in the personal account.

2. In case the Customer refuses to use the insurance service, the Customer understands and agrees that the Contractor shall not compensate the cost of shipping and shall not conduct disputes concerning the Customer’s shipment for getting a separate compensation from the state postal service, courier services and forwarding companies. The Customer shall have the right to address the postal service / express shipper with its claim under the current legislation.

3. When the Customer uses Shipment Extended Insurance, the Contractor shall consider a Customer’s claim on the basis enough for confirmation of the insured event. Upon consideration, it also shall have the right to make calculations and effect compensation within the maximum insurance limits indicated by the Customer.

4. The Customer agrees to receive payments from the Contractor on the Extended Insurance service to its personal account at the web site of the service totabox.com.

5. The Customer understands that payment of compensation shall be the final result of consideration of a claim and shall exempt the Contractor from further claims, disputes and/or debates on the shipment as soon as insurance payment is made on it.

6. Extended insurance shall cover the stage of international delivery from the warehouse of the Contractor to the addressee. Insurance does not cover the commission of the Contractor, expenses on delivering the product from the Seller to the Contractor’s warehouse, possible taxes and duties at any stage.

7. The Customer shall order the insurance service for the shipment at the stage of forming the current shipment. The Customer shall independently indicate the value of the products to be insured. The amount resulting from this shall be the maximum insurance value for the shipment. The value indicated by the Customer for the products cost shall exceed the invoiced and/or declared cost of enclosure. Actual payment for the service with the indicated insurance maximum shall be effected after packaging the shipment.

8. Maximum insurance payment might equal to, but shall not exceed the confirmed invoiced value of the enclosure. Cost of delivery shall be eligible for return only in case of loss of the shipment and/or complete shortage/damage (shipment is empty, the shipment’s single product is destroyed). The value declared to the postal services shall correspond to the confirmed invoiced value of the enclosure. Processing of insurance for the enclosures valued at USD 2,500 and higher shall be made upon written request of the Customer sent via email.

9. Cost of insurance service shall be calculated depending on the stated amount of the insurance maximum.

10. Information about the ordering the service of insuring the shipping and the acquired amount of the insurance maximum shall be indicated and checked by the Customer in the shipment details in the personal account of the Customer at the web site totabox.com. The amount of insurance shall not be indicated in the shipment accompanying documents.

11. Cancellation of the service and return of funds paid for the service shall be possible for the Customer only in case if shipment has not been dispatched. Cancellation of the ordered service for the dispatched shipments shall be impossible.

12. Insured events not covered by Extended Insurance are:
– loss of shipment in the process of delivery (upon results of a search);
– shortage/incompleteness of packages in the shipment at receiving.

13. Acceptance of requests for search shall be realized upon written communication from the Customer.

14. Acceptance of insurance claims shall be realized only upon written communication from the Customer. The Customer shall inform the Contractor about the occurrence of the insured event not later than in 3 calendar days from the date of the shipment delivery.

15. A shipment shall be deemed lost only upon the results of a search done by the shipper. Search might be initiated by the Contractor for tracked methods of delivery in accordance with the timelines scheduled for every method of delivery in the Delivery section. Generally, timelines for search are from 30 to 60 days, yet they vary for every method of delivery in each individual case.

16. If a shipment is deemed lost / not found upon results of the search, insurance claim shall be made concerning it. If the shipment contained the Customer’s independent purchases, the Customer shall provide the documents for confirmation of the value of enclosure not later than within 7 days from the notice on the shipment loss.

17. For submitting a claim on shortage/damage the Customer shall provide sufficient documentary confirmation for substantiation of the claim within 7 days from the first request of the Customer. The materials provided may include:
– statement of shortage/damage (f.51), compiled and certified by an authorized representative of the delivery service;
– video recording/detailed photos of the process of the package opening;
– statement on difference in weight / shipment having been opened, supported by other materials;
– detailed photos of the product and defects at damage;
– expert report on the damaged products made by an authorized organization.

18. If the shipment or the enclosure contains independent purchases of the Customer, provision of invoices for confirmation of the enclosure value shall be obligatory. Refusal and/or failure to confirm the value shall be the basis for refusing insurance compensation.

19. Invoices for independent purchases of the Customer shall be accepted in jpg, png, tiff and pdf file formats. The data within the files shall be sharp and readable. Invoice shall contain billing information, name of the product, value and tracking number. In case the tracking number or other data is missing from the invoice, additional files from the orders history and/or notifications where the tracking number is indicated shall be accepted.

20. The Customer shall keep all shipment documents, products and packaging in its initial state: it shall neither be used nor destroyed.

21. The Contractor shall consider insurance claims of the Customer and make its decision on reimbursement within the period from 7 to 30 calendar days from the moment the Customer submits all necessary documents for claim acceptance.

22. The Contractor shall have the right to refuse reimbursement on, including but not limited to, the following bases:
22.1. the Customer notified about the delay/loss of the shipment after the allowed search timelines, or informed about the insured event later than in 3 days after the shipment delivery;
22.2. the Customer refused/failed to provide documents for substantiating its claim within 7 days from the moment of request;
22.3. the Customer refused/failed to confirm the invoice value of the enclosure;
22.4. overvaluation of the declared value is revealed;
22.5. prohibited enclosure is discovered in the shipment;
22.6. the shipment has been detained/seized by the authorized institutions (customs, etc.);
22.7. the shipment has been found and delivered after being deemed lost.

23. Insurance compensation for shortage in the shipment might not exceed the invoiced value of the missing product. Cost of delivery shall not be eligible for compensation in case of partial shortage.

24. Insurance compensation for damaged product shall be calculated depending on the character of damages and evaluation of the endamagement caused to the product.
a. In case the Customer has received the product, it might count only on partial compensation except for cases of total damage leading to complete extinguishment of the product. The amount of partial compensation shall be calculated in every case individually. Cost of delivery for damaged enclosure shall not be eligible for compensation.
b. The Customer might return the previously delivered product for receiving complete reimbursement of the invoice value. Address for return delivery shall be provided to the Customer upon request by means of email. The Customer shall pay cost of the damaged product shipping.
c. In case the Customer refuses the damaged product at the moment of delivery and return to the shipper, the Contractor shall confiscate the enclosure, and the Customer shall receive the complete compensation based on the invoice value. Cost of delivery shall not be eligible for compensation.
d. If the Customer refuses the shipment containing products in addition to the damaged ones, upon return those products shall be included into the Customer’s account at the Contractor’s warehouse and rated as entry for the Mail Forwarding service. The Customer shall pay expenses on their processing and dispatch additionally.

25. Payment of the compensation shall be effected by means of crediting the personal account of the Customer at the web site totabox.com. The Customer can use the funds according at its own discretion (use the funds for paying for the services of the Contractor or withdraw).

26. In case of finding the shipment deemed lost earlier and for which the Contractor has already effected compensation, the amount of the emitted compensation shall be returned by means of debiting the credited amount from the Customer’s account, including possible indebtedness resulting from this. After debiting, the Customer shall cover the indebtedness in full within not more than 30 calendar days from the date of debiting.

27. If the Customer does not adhere to the conditions of the Extended Insurance service, the Contractor shall reserve the right to refuse consideration of the current and/or future claims of the Customer, suspend servicing its account, and introduce additional sanctions at the discretion of the Contractor.

 

CHAPTER 8. SETTLEMENT OF DISPUTES

1. In case of disagreements and disputes connected with fulfillment of conditions of the present Agreement, parties shall solve them amicably.

2. In case of failure to solve the disputes amicably the disputes shall be solved through legal proceedings: if the Contractor is a defendant, the case shall be considered in the court of the USA; if the Customer is a defendant, the dispute shall be considered in the court of the Customer’s country of residence in accordance with the law of the place of the dispute consideration.

 

CHAPTER 9. MAILING AND INFORMATION MESSAGES

1. When registering at the web site totabox.com, the Customer agrees to receive advertisement and information mailing. Mailing contains information on any changes in the work of totabox.com, promotion campaigns and other events of the Contractor.

2. The Customer itself might subscribe to other thematic mailings, configure or change the subscription parameters in the “Personal account – Settings” section.