USER SERVICE AGREEMENT
1. The Object of User Agreement
1.1. Company PESOTO (hereinafter referred to as the Contractor) provides goods delivery services (hereinafter referred to as the goods or a parcel) from the Contractor’s warehouse (located in the United States of America, Delaware, Wilmington) on the terms of this User Agreement (hereinafter referred to as the Agreement) to any of the adult natural person duly registered on the web page www.pesoto.com (hereinafter referred to as the Client), (hereinafter referred to as the Services).
1.2. Client’s registration with the PESOTO Company is free and voluntary. Registration application appears on the web page www.pesoto.md. The terms of service are public. Client’s registration on the site means acceptance of the terms of this Agreement and its annexes.
1.3. A Client that disagrees to at least one of the clauses of the Agreement shall not be entitled to use services provided by the Contractor.
1.4. The Contractor retains the right to enter changes into the present Agreement, due to which fact the Client undertakes to regularly trace out the changes in the Agreement placed on the web page www.pesoto.ba
1.5. The Contractor will withhold payment from the Client for goods delivery services as specified in Article 7: Delivery of Goods and Payment for Services. Tariffs.
2. Description of Services
2.1. The Contractor provides to the Client such services as offering the address with the individual room number in the USA where the latter could receive the goods paid for by the Client for the subsequent packing/unpacking and forwarding to the Contractor’s warehouse (or their authorized representative – hereinafter referred to as the Contractor’s warehouse) maintained in the Republic of Moldova. For the purpose of the present Agreement: Goods shall be understood as Client’s acquisition. The goods packed for delivery to Moldova shall be understood as the Parcels.
2.2. Room number to which not a single parcel was assigned during three months from the date of registration shall be considered inactive and cancelled.
2.3. The Contractor undertakes to accept to his warehouse goods paid for by the Client while shopping over the Internet shops, provided correct indication of the address obtained from the Contractor as well as the data concerning goods consignee.
2.4. The service shall be deemed fully delivered by the Contractor once the parcel is handed over/received to/by the Client at the Contractor’s warehouse or at the courier’s service section in Moldova.
2.5. With the view of providing services the Contractor shall be entitled, without the Client’s consent, to engage the third parties, including postal as well as courier services.
3.1. The Client shall perform his/hers goods checkout independently on the e-shop website, that offers delivery services across the territory of the USA, having preliminary independently assessed the quality, parameters and characteristics of goods.
3.2. The Client undertakes to pay to commodity seller for the specified goods on his/her behalf, provided that the seller in question is in the business of goods delivery across the territory of the USA.
3.3. The Client shall be fully liable for the authenticity of data specified when checking out the goods.
3.4. The Contractor shall not be liable for the quality and completeness of the goods accepted to its warehouse and shall not issue any warranties on the goods purchased by the Client through the on-line store.
3.5. The Contractor agrees to accept to its warehouse located in the USA the goods delivered by the postal service from the seller, weighing and packing such and then convey to the Contractor’s warehouse in Moldova.
3.5 (1) The goods shall be considered as accepted by the warehouse provided the consignee has duly signed for such. The status of a parcel “Delivered to a warehouse” shall not be considered authentic without the signature applied by the consignee.
3.6 The Contractor shall notify the Client on acceptance of goods to the Contractor’s warehouse in the USA during 3 days from the date of good receipt, by sending the respective notification to the electronic address specified by the Client when registering on the web page www.pesoto.com and reflecting the fact in the personal account of the Client. The term of free storage of the undeclared parcel at the Contractor’s warehouse in the USA makes 30 days. If the Client fails to claim such goods during 30 days from the date of its acceptance to the warehouse in the USA, then the Contractor shall be entitled to dispose of such without additional notification of the Client.
3.7. The Client shall be liable for ensuring compliance of the purchased goods with the terms of delivery by the postal service and with the requirements set forth by the effective legislation of the Republic of Moldova and the USA as well as with the provisions of the Customs Code of the Republic of Moldova, including but not limited to the dimensions, weight and content of goods, including dimensions and weight of postal packaging required for shipping the goods to the Client.
3.8. The Contractor shall be entitled to refuse providing a service to the Client in case when the commodity does not comply with the terms of postal service delivery or with the provisions set forth by the effective legislation of Moldova or that of the USA as well as with the provisions of the Customs Code of the Republic of Moldova, including but not limited to the dimensions, weight and content of goods, including dimensions and weight of postal packaging required for shipping the goods to the Client.
3.9. Delivery of goods shall be done by air. The average duration of delivery is 5 to 11 working days from the date of dispatch from the USA-based warehouse.
3.10. Information concerning transportation cost shall be mirrored in the personal account of the Client upon goods arrival into the territory of Moldova.
3.11. Following delivery of goods to the Contractor’s warehouse in Moldova, the latter shall notify the Client on the possibility of goods receipt by sending a notification to the electronic address specified by the Client upon registration on the site www.pesoto.com. The term of free storage of the goods at the Contractor’s warehouse in Moldova makes 30 days. If the goods are not claimed for by the Client during 30 days from the date of its acceptance to the warehouse in Moldova, then the Contractor shall be entitled to dispose of such without additional notification of the Client.
3.12. Release of the parcel to a third party is admissible only against notary authenticated power of attorney issued by the Client in the name of the third party-consignee or when there is a bar code tracking with subsequent scanning of product and release through a terminal.
3.13. The fact of the parcel receipt in due condition by the Client as well as absence of any claims to the Contractor shall be corroborated automatically by its scanning upon receipt at the company’s office or by the signed invoice upon courier delivery.
4. Client’s Obligations
4.1. The Client shall be obliged to get acquainted with the wording of the present Agreement and check for the emergence of changes introduced in the main body of the Agreement as well as in the Annexes to such.
4.2. The Client shall be obliged to timely submit to the Contractor all of the information necessary for carrying out the required servicing. If the required information is incomplete, then the Contractor shall retain the right to refuse provision of services to the Client.
4.3. The Client shall be obliged to pay the bills in a timely manner and refund the expenses incurred with the services rendered by the Contractor. The Contractor shall not offer any services if the amount of funding is insufficient to do so.
4.4. The Client shall be obliged to track delivery of goods to the Contractor’s warehouse in the USA, having declared it in advance in his personal account.
4.5. The Client shall affirm and guarantee that he/she will not sue the Contractor with the court as a defendant or co-defendant in connection with any of the disputes arising from or in connection with any liabilities and expenses bound to a loss inflicted to the Client by the actions perpetrated by the third parties, including but not limited to the vendors and postal services.
4.6. The Client undertakes to apply his/hers signature in the invoice accompanying the parcel upon its receipt.
4.7. If requested, the Client shall be obliged to produce a document corroborating Client’s identity as well as other documents corroborating purchasing some or the other product on line.
4.8. The Client shall be obliged to specify the authentic data concerning his/hers last and first name, domicile, phone number and e-mail when registering on the web page www.pesoto.md.
5. Contractor’s Obligations
5.1. The Contractor shall be obliged to provide to the Client services in compliance with services description placed on the web page www.pesoto.com, as well as with the definition specified in Art. 1.1. of the present Agreement unless the Client’s request comes in contradiction with the rules, requirements and limitations provided for in this Agreement and in the effective legislation applicable in the USA and Moldova.
5.2. The Contractor shall maintain the confidentiality of data concerning the Client. The data concerning the Client could be disclosed to the third parties in cases provided for by the effective legislation of the USA and Moldova only.
5.3. The Contractor shall grant to the Client a possibility of obtaining information concerning the status and location of his/hers order.
6. Customs Clearance
6.1. Declaration of goods (specifying the name of the sender, product/goods name and its price) on the web page www.pesoto.md is mandatory. The responsibility for the authenticity of the specified data lies fully with the Client.
6.2. The Client bears all the responsibility for customs clearance procedure with regard to the goods delivered into the territory of Moldova. Upon additional agreement between the Parties, the Contractor could provide to the Client some consultative assistance as needed.
6.3. Payment for the service provided is a mandatory condition prior to launching the customs clearance procedure.
6.4. In case when the authorized bodies impose penalties on the Contractor in connection with incomplete or partial failure by the Client to meet the requirements set forth under the present Agreement (for example, incomplete or incorrect declaration of the parcel, availability of goods prohibited for carriage, etc.) the Contractor retains the right to impose onto the Client the responsibility of refunding the amount of assigned penalty.
6.5. In case of conveyance by the Client of goods the entry of which into the territory of Moldova is being banned, such could be confiscated by the Customs service of the Republic of Moldova while the Client could be charged with administrative and criminal responsibility.
7. Delivery of Goods and Payment for Services
7.1. The cost of services shall be determined arising from the overall weight of the parcels per one consignee in a single dispatch with due account for their actual (physical) and volumetric weight (depending on which is more). If the volumetric weight exceeds the actual, then the cost of the services shall be determined arising from the volumetric weight. The volumetric weight is determined by multiplying the length, width and height of the parcel and dividing the obtained number by 6000, for centimeter and kilogram unit, using the following formula: Length Х Width Х Height / 6000. Additionally, see section Tariffs on the web page www.pesoto.com. The cost of paid weight obtained as per above formula amounts to 10 USD per 1 (one) kilogram of parcel weight. If the parcel weight exceeds 3.1 kg, then the cost is lowered down to 9 USD per 1 kg and the cost for a parcel weighing more than 5 kg, the tariff is 8.5 USD per 1 kg.
7.2. The payment is exclusively cashless through personal account on the web page www.pesoto.md.
7.3. Rounding up of the weight of the parcel shall be done with the accuracy of up to 100 g upwards.
7.4. The settlement between the Parties shall be done on the grounds of an invoice filed by the Contractor after parcel delivery.
7.5. In case of Client’s debt incurrence before the Contractor, the issuance of the parcel shall be done after total repayment of the incurred debt.
7.6. In case when the volumetric or actual weight of a parcel received from the USA exceeds 20 kg, the Contractor shall be entitled to suspend conveyance of such until the Client makes an advance payment worth 50% of the overall amount of the Service, having duly notified the Client on the fact in writing.
7.7. The Client shall be obliged to pay the invoice as well as additional costs, if applicable, incurred by the Contractor, during 14 days from the date of parcel delivery to Moldova.
7.8. In case of untimely payment, the Contractor shall store the parcel at its warehouse pursuant to Art. 3.11 of this Agreement until the Client fully settles for the services furnished by the Contractor.
7.9. Since the Contractor deals with delivery of the Client’s parcels into the territory of Moldova with the assistance of the third parties, the Contractor shall not be liable in case of a parcel lost in transportation. At Client’s request, the third parties shall be obliged to refund to the latter the full cost of the carriage only if there is an insurance policy in the personal account of the Client. In absence of an insurance policy, pursuant to the Warsaw Convention, the Client will get a refund worth 20 USD per 1 kg of the weight of lost carriage.
7.10. The minimum weight of a parcel amounts to 500 grams and shall be rounded up in favor of this indicator if the weight is less.
8. Repacking Service
8.1. The repacking service implies removal of excessive packing, if appropriate, by removal of the postage box or reducing its size. The packing shall be considered reduced if 1-2 cm of space is left on either of its sides.
8.2. The postal box of a parcel will not be reduced and the parcel will not be placed in a pack unless the Client declares the need of such in his personal account.
8.3. Different goods or orders shall not be merged into one parcel to provide for their safety. Shareware boxes shall not be opened while the original packing material shall not be removed unless otherwise instructed by the Client prior to parcel delivery to the USA-based warehouse.
8.4. The manufacturer’s packing shall not be opened and/or removed, same as protection materials, regardless of the Client’s choice/refusal from repacking.
8.5. The parcels containing goods wrapped up in gift packing materials, fragile and electronic components, shall not be repacked for providing safety of their content.
8.6. Clothes, footwear, delivered in boxes shall be repacked into a polyethylene bag, provided there is the respective mark in the personal account of the Client; when issuing an invoice, taken into account will be the physical weight of such parcels only.
8.7. When carrying out repacking, the parcels shall not be subject to any damage, compacting and bending in order to reduce their dimensions.
8.8. The Contractor shall not be liable for any damage inflicted to the product if the Client decided to order repacking service.
9. Additional Protection of Parcels/Insurance
9.1. In order to provide an extra protection to a parcel, it is necessary to check whether the field “Insurance” was ticked on the parcels control panel. Activation or deactivation of this service shall not affect its status with regard to the parcels on which the invoice has been already issued.
9.2. The extra protection fully covers the risks of lost parcel posted by any of the senders; it equally applies to the brand new as well as to the second hand goods.
9.3. The extra protection does not cover the risks of damage with regard to the following parcels: such posted by an individual; acquired on eBay or other auctions; containing repaired and worn out goods; parcels that were delivered to the USA without the tracking numbers and for which a PESOTO track number was generated automatically.
9.4. The cost of extra protection amounts to 2.5% of the cost of the content of parcel specified in its declaration. This amount could either be added to the delivery service payment or charged separately.
9.5. The extra protection covers protection of parcels from external damages or losses. The service does not include checking the goods for operational capacity by taking such out of the box.
9.6. The extra protection shall not apply to the fragile content (articles made from glass, monitors, tableware, porcelain, chandeliers, etc.) if their packing does not show any visible signs of damage. In case of partial damage of the content (glass articles, monitors, etc.) whereas the packing shows no external damage, the Consignees shall pay the cost of delivery and check the parcel. Otherwise the Contractor retains the right to suspend furnishing the services to such Client without the right of resuming further cooperation.
9.7. The amount of reimbursement under extra protection is limited by the cost of product, reflected in the documents corroborating its purchasing but not exceeding the amount indicated by the Client in parcel declaration.
9.8. In order to receive the reimbursement under extra protection in case of goods damage the Client submits a document proving goods purchasing from a shop in the original package complete with the tracking number assigned by the USA postal service.
9.9. If a parcel was lost or damaged, payment under extra protection shall be done not later than 30 days from the flight landing in Moldova.
9.10. If the Client fails to declare rejection in advance, the parcels with declared cost of 500 USD and more, will automatically become the object of extra protection while the cost of such service will be included into the Contractor’s services invoice.
9.11. In order to receive reimbursement under extra protection in case of a loss of a parcel, it is mandatory to add the tracking number into the personal account of the Client maintained on the web page www.pesoto.com complete with activation of extra protection upon parcel delivery to the USA-based warehouse of the Contractor. Accounted for as the confirmation of delivery, including the date of parcel arrival to the warehouse, will be the valid tracking number of the USPS, Fedex, and UPS only.
10. Limitation of Liability
10.1. The Contractor shall not be liable for any expenses incurred by the Client, any direct or indirect prejudices that could be inflicted to the Client as a result of using services provided by the Contractor, caused to the Client as a result of using or impossibility to use the Services and the prejudices inflicted as a result of errors, omissions, dwell time, files deletion, change of functions, defects, delays in data transfer, etc.
10.2. The Contractor shall not be liable for the actions of the third parties and associated services used for providing services to the Client but not belonging to the Contractor, such as: banks, postal and courier services, internet providers, e-mail-services, payment systems, etc.
10.3. The Contractor shall not be liable for the terms of goods delivery from the Seller to the Contractor.
10.4. The Contractor shall not be liable for the quality and completeness of goods received to its warehouse and shall not issue any warranties on the goods purchased by the Client.
10.5. The Contractor shall not be in charge of checking the goods received from the Seller for compliance with the characteristics declared by the Seller and in case of an error admitted by the Seller shall not be liable for the mismatch of the goods and their description placed on the Seller’s site.
10.6. The Contractor shall not be liable for the bad faith of the Sellers chosen by the Client in cases as follows: goods dispatched with a delay; goods dispatched but not meeting the description; goods non-operational (although declared as operational); goods never dispatched (cases of fraud).
10.7. The Client agrees to abstain from suing the Contractor with the court as a defendant or co-defendant in connection with any of the disputes arising from or in connection with any liabilities and expenses bound to prejudices inflicted to the Client by the actions perpetrated by the third parties, including but not limited to the sellers, postal, courier services and payment systems.
10.8. In case of filling in the declaration by the Client or by the authorized representative of the Contractor under the Client’s errands, made out in his personal account, the responsibility for the accuracy and plenitude of the data entered in the declaration lies with the Client.
10.9. The Contractor shall not be liable for withholding customs duties or any other mandatory payments in conformity with the effective legislation of the Republic of Moldova when delivery of parcels, shall not compensate such and shall not represent the Client’s interests with the customs authorities.
10.10. The Contractor shall not be liable for late arrival/delay and/or moving/ cancelling flights in case of emergencies (for example, severe weather conditions, cancelled or changed flights schedule, etc.) as well as work overload with the air carriers during holidays in the USA or Moldova.
10.11. The Contractor does not provide services bound to conveyance of goods from Moldova to the USA.
10.12. The Contractor shall not be liable for a parcel that has not arrived to the USA-based warehouse if there is no written proof to that on behalf of the sender.
10.13. The Contractor shall not be liable for settling disputes at the Moldovan customs or other competent authorities in cases of infringement by the Client of the terms set forth by this Agreement: indicating knowingly false information in the declaration, ordering goods prohibited for carriage, etc. (The list could be found here: https://support.pesoto.md/knowledge_base/item/58813)
10.14. The Contractor shall not be liable for reimbursement of funds for lost or damaged parcel if the Client renounced on its extra protection and stated that in his personal account.
10.15. To provide for successful departure of the parcel, make sure the declaration of timely made out in the personal account.
11. Terms of Agreement Conclusion
11.1. The Agreement becomes effective as of the date of its acceptance by the Client and remains in effect until the receipt of the goods by the latter.
11.2. The Contractor has the right to unilaterally terminate provision of all Services shall the Client violate any of the terms of the present Agreement.
11.3. If the Client submits incorrect information about himself/herself or if the Contractor has founded reasons to believe that the information presented by the Client is incorrect, incomplete or inaccurate, then the Contractor shall be entitled to renounce on providing services to the Client in whole or in part.
11.4. The Agreement could be changed/amended by the Contractor without any special notification; the new wording of the Agreement becomes effective upon expiry of 3 (three) days from the date of its placement on the web page unless otherwise provided for by the new wording of the Agreement. The sole correct version of the Agreement could be at all times accessed at www.pesoto.com.
11.5. The Contractor shall be entitled to terminate providing services in case the Client inflicts prejudices to the Contractor or to the third parties by infringing the terms set forth in the present Agreement.
11.6. Upon termination services, the Contractor shall not be liable for notification or failure to notify any of the third parties on banning Client’s access and possible consequences emerging as a result of such notification or absence of such.
12. Force Majeure
12.1. The Parties shall not be liable for failure to meet their obligations under this Agreement in whole or in part, if such failure was the consequence of force majeure that emerged after conclusion of the Agreement as a result of events of extraordinary nature that neither of the parties could have foreseen or prevent by any reasonable measures (Force Majeure). The force majeure events usually include: flood, fire, earthquake, explosion, storm, epidemics and other natural calamities as well as the war or military actions, etc.
12.2. The Parties shall not be liable for any prejudices, including losses as well as any costs incurred with the complaints or claims lodged by the third parties that could emerge as a result of force majeure circumstances.
12.3. In case of force majeure circumstances the established timeframe for meeting the obligations set forth in the Agreement shall be postponed for a period during which these force majeure circumstances remain in effect.
13. Other Provisions
13.1. In case of any disputes or disagreements in connection with the fulfillment of the terms of the present Agreement, the Parties shall resolve such by way of amicable negotiations. The present Agreement is being governed by the effective legislation of the Republic of Moldova.
13.2. The present Agreement implies full consent and understanding by the Parties of its subject and replaces all prior negotiations, discussions and agreements between them. None of the Parties is bound by any obligations, conditions, guarantees, assurances, recognition, other than explicitly specified in this Agreement.
13.3. The present Agreement could be unilaterally changed by the Contractor.
13.4. The present Agreement is a legally binding agreement between the Parties governing the use of the Contractor’s services by the Client.
13.5. Registration on www.pesoto.com shall imply acceptance of all of the terms set forth by the present Agreement.
13.6. Following acceptance of the present Agreement by the Client, all prior negotiations, agreements, and correspondence between the Client and the Contractors become legally invalid.
13.7. The use of slang in any of its forms, unethical and rough terminology when contacting the representatives of the Contractor by e-mail, telephone, chat or other forms of interaction, same as raising one’s voice, manifestation of sarcasm and improper emotions, shall automatically serve as grounds for termination of service provision on behalf of the Contractor without any chance of subsequently resuming such right.
13.8. Any information placed on the Contractor’s site www.pesoto.com shall be deemed as valid and indivisible part of the present Agreement. Once the Client presses the button “Agreed” on the page of getting familiar with the present Agreement, it shall be understood that he/she fully agrees with its terms.
13.9. The Contractor shall not be liable for delivery of parcels from the USA if the Client made a mistake in the address of the Contractor’s USA-based warehouse. Partial or complete change of address by the Client is inadmissible. Entry of the address shall be done with utmost care in compliance with the data mirrored in the Client’s personal account.
13.10. The Contractor shall be liable for providing services stipulated in the service agreement exclusively.
13.11. The Contractor shall have the right to register interactions with the Clients by using such means as the Internet, telecommunications, video monitoring, including but not limited to saving e-mail messages and phone call records; the Contractor shall have the right to use such to protect his interests in the court disputes.
13.12. The Client confirms that all of the personal data and documents (passport, code, etc.) are real and all of the accountability for their legality lies with the Client.
13.13. The personal data of the Client are confidential. The Contractor shall not divulge these data to any of the third parties without due permission of the Client and acting in compliance with the Legislation.
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