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ed t.

Contributor Level

Total Points
84

1 Review by ed

  • Borderfree

10/5/18

I call borderfree, area code 212 i ask where are you, she says she is in ireland
When i bought the purse from macys.
The payment for kors purse was made from paypal guest, macys so i thought.
It was all done through borderfree
Bank paid invoice to paypal, but borderffree did not accept the paypal payment, because it was setup in their pay paypal module not to accept the payment and if not having gone through paypal, in the paypal summary it shows no purchase made allowing them to demand payment again because of a time clause in paypal. Allowing borderfree to inniate demand for another paypal payment
Borderfree resends another invoice from paypal. After 4 days. Cause they've set up their pay module not to. Accept the actual payment within 4 days, allowing them to resend a demand for another paypal payment even though the first payment has been processed but nor set up in the paypal module to be seen and can and will withdraw another payment even though it has been paid, their pay module bypasses rules of required payment by paypal

You check your paypal and due to trickery in inniating the pay module in paypal,, you don't see your payment and you pay again or because paypal does not see the initial payment as borderfree being paid it allows borderfree to withdraw the new invoice funds without your explicit approval

Not going to get into all calls to banks paypal and borderfree 212 in ireland
To figure out this is a scam using a debit cibc visa and probably other debit payments and or elsewhere they have devised to trick you

The csr are only there to throw you off course and misdirect you

RUN

Over time i've made thousands of paypal purchases and after trying to get a reasonable csr resolve the problem

It clicked, in that borderfree was set up as a scam in the pay module in paypal

Borderfree is set up under 3 different names in the pay of the paypal module

Here are the 3 names it uses under the same paypal account
1. Borderfree
2. Merchant via borderfree
3. E4X, Inc.
OCT
04
E4X, Inc.

NEEDS ATTENTIONInvoice Received
-$151.45

This item was bought and paid for on september 27
Processesd through my debit card august 1 and noted as payment through paypal for the amount 151.45

But not showing in my paypal account, can you see the shell gamine forming
August 4 receive invoice from paypal on behalf of E4X, Inc. to pay 151.45 as they hve not received the macys payment for 151.45 ( already paid) but not showing in paypal account as paid.
October 4m E4X Inc attempted to withdraw the same funds again { they couldn't as i had changed my access parameter
After numerous call to paypal, asked them if the ever heard of border free, they said, no. A lie. Spoke with about 5 representatives and was given a different explanation each time.it all came to borderfree or whatever they were calling them selves had not claimed the funds
My bank cibc said the funds were pre cleared for withdrawal
Called border free at a 212 exchange and out of curiosity asked where am i calling, i was told ireland. She says my funds were heading back to me as a refund, i asked how can you refund if you haven't claimed the funds.
It got testy from there,
So what happens, if borderfree does not accept the funds within a specified period of time, the bank sees a transpired authorization and refunds the pre approved amount back into your account within a given number of usa business days
And all of this never shows in paypal as for whatever reason borderfree chose to not accept the funds
Butt they do show 9 in my case) another request october 4, for an unpaid paypal item. Again the very same item that was paid for with cibc debit visa and funds withdrawn from bebit visa account october 1

As a substantive merchant with paypal, the first order of business is to formulate the payment module (1) on how you choose the parameters as to how accept payment or not accept payment and the various intricacies within the module
Anyway area code 212 is not ireland, it is manhattan new york, usa
There other area code is 646 and is in manhattan, new york, usa

For those not in the know, borderfree was bought by pitney bowes

The same company that runs ebay global shipping from ebay.com

So now pitney noewes owns borderfree, think they paid over 300 million for it

As their shipper they use globegistics (read their reviews0, globegistics are very large and do work for the usps for dirt cheap

The tracking number is globegistics until it delivers it's items to usps and then you get a usps tracking number.
Tracking is also determined if borderfree paid for that option

How i know about border free, they contract usps trucks to drop off a load at the usps sorting facility. With me globegistics lost the whole usps truck. I'm still out my item wiith another cross border us to canada shipper

Again yesterday another email arrived from borderfree in that they tried to process, the second invoice from october 4th, which was for an item already paid for and processed through my bank october 1. Paypal says this is their authorization number to borderfree for the october 1 paypal payment 5b*******m*******, guess what borderfree still hasn't withdrawn those funds because if they had, it would show in paypal
So pay pal is not seein a payment made only sees a request for a payment not made

Hey borderfree, i know you have smarter people than me that have set this up, but it will come around and bite you

Whatever name they call themselves when trying to pilfer my account, there is a block in place

Next, i'm going to gather up sellers that borderfree does business with and i will send an email to the secretary of the president

Here is another link directly to pitney bowes

This account has been fully paid for and they still keep cominig
This is their 4th attempt going after my 4th attempt

ORDER# X*******134 WITH macys.com***FINAL NOTICE***
Inbox
X

Borderfree Transaction Assurance
10:10 AM (34 minutes ago)
To me

Dear Edward,

Thank you for your order with MACYS.com.

Please note that we have previously attempted to charge your original method of payment for the amount of your order from 2018-09-29. We were not successful in capturing the total amount owed; and as of the date of this letter, you have an outstanding balance of CAD 151.45 for the below item(s).

MICHAEL Michael Kors Jet Set Item Top Zip Tote (quantity = 1)

To resolve this issue, please call us at *******858. Alternatively, you can reach us at

*******@borderfree.com

Please have your order number and a valid credit card or PayPal account ready for making the payment.

Please be advised that if we do not receive a response to this email within 24 hours, your ability to shop with any merchant affiliated with Borderfree might be restricted.

We suggest that you do not send your full credit card details over email. Please contact us by phone to pay with a new credit/debit card, or email us asking for instructions to pay via PayPal."

We thank you for your cooperation.

Katherine Herrera

Collections Specialist

Transaction Assurance | Borderfree

T *******858 | Toll free *******403

*******@borderfree.com

Local international numbers:

US/Canada: + 1-*******858

Russia: *******330
Australia: +61-*******
Brazil: *******181
United Kingdom: *******673
Ireland: +353-1-*******
Spain: +34-911-*******
France: +33-1-*******

Borderfree

CONSUMER TERMS & CONDITIONS OF USE
Although you ("you") have been looking at merchandise on a retailer's ("Retailer") website (for the sake of clarity, "website" as used herein means a site on the internet, mobile app, tablet app, or similar concepts) or a marketplace's ("Marketplace") website, any purchases that you make through this checkout (the "Borderfree Checkout") will be made from Borderfree, Inc. ("Borderfree", "we" or "our") (as more fully described below). By visiting the Borderfree Checkout, placing an order for the purchase of merchandise from Borderfree, including through a Marketplace, and/or using your Borderfree account, you are agreeing that such order for a purchase (a "Purchase") is bound by the terms & conditions ("Terms & Conditions") set forth herein.

Nature of Transaction. Borderfree contracts with online retailers, including the Retailer, and Marketplaces to make available retailers' merchandise to consumers, such as you, for international delivery through the Borderfree network. The high level view of the process (and your and our related rights and obligations) is as follows (please note this is only the high level view with more specifics provided in these Terms & Conditions below):

You choose merchandise on the Retailer's website;
Through the Borderfree Checkout, you will be provided with an opportunity to make a Purchase at a price and in a currency selected by you, inclusive of parcel processing, international shipping, brokerage and customs clearance costs. You may also be given the option (a) to have the price be inclusive of import duty and taxes and/or (b) not to have the price be inclusive of import duty and taxes (and therefore be responsible for payment of import duties and taxes). Please note that the Purchase price total is exclusive of any surcharges that may be imposed by the issuing bank of any credit card you use for the Purchase.
If you want us to purchase the merchandise from the Retailer on your behalf (and pay to us the amounts presented to you in the Borderfree Checkout and have the Purchase be based on the terms and conditions presented in the Borderfree Checkout and these Terms & Conditions), you will give us your final indication that you want the merchandise (e.g., by clicking the "Submit Order" button (or equivalent) to make a purchase) through the Borderfree Checkout. Borderfree will send you an order received email stating that your Purchase request has been received. To be absolutely clear, by making a Purchase through the Borderfree Checkout, you acknowledge that your transaction will be with Borderfree, not with the Retailer.
Please note that when you click the "Submit Order" button (or equivalent) this does not mean that your Purchase has been accepted, as all orders are subject to acceptance by Borderfree. We are not obliged to accept and/or process your Purchase and may, at our discretion, decline to accept and/or process your Purchase. You do, however, acknowledge that by clicking on the "Submit Order" button (or equivalent), you enter into an obligation to pay for your Purchase in the event that your Purchase is accepted by us. Upon successful verification by Borderfree of the payment information you provide, Borderfree will purchase, with its own payment information, such merchandise from the Retailer for the sole purpose of reselling it to you.
After Borderfree has purchased the merchandise from the Retailer and before Borderfree accepts your Purchase, Borderfree will authorize the price total through the payment method that you have selected. Borderfree will not capture payment from you at this time, unless your payment method is immediate capture, rather, a hold will be placed on the price total until the time when Borderfree accepts your Purchase. If your payment method is immediate capture, you will see the price total taken from your account but you will not actually be charged and the price total will be held tentatively pending Borderfree's acceptance of your Purchase. If we successfully authorize or capture the price total, we will send you an order confirmation email to that effect. You acknowledge that if Borderfree is unable to verify the payment information you provide (automatically or otherwise), Borderfree representatives may contact you and/or your tender type issuer and/or take other actions (including looking at publicly available information) to confirm your identity and/or your intent to place the order. If the merchandise does not arrive at Borderfree's facility within thirty (30) days of your Purchase, the price total authorized through your payment method will be released.
If Borderfree has not accepted your Purchase, Borderfree makes no commitment of any kind to provide merchandise to you and no contract is formed between you and Borderfree. If we have successfully authorized the price total, Borderfree will accept your Purchase at the point in time when we receive the merchandise that you ordered from the Retailer. We will send you a shipment confirmation email and capture the price total that we had previously authorized when we ship the ordered merchandise to you.
The merchandise in your Purchase shall materially conform to the product description of such merchandise that you viewed (prior to purchase) on Retailer's website. If you are under 18 years old, considered a minor in your local jurisdiction, or the equivalent thereof, you may use the Borderfree Checkout only with the permission and involvement of a parent or guardian. To the extent not prohibited by applicable law and subject to the provisions of these Terms & Conditions, Borderfree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). Merchandise available for Purchase from Borderfree is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these Terms & Conditions, you are certifying that any items in a Purchase will not be re-exported, sold, or transferred in violation of any applicable laws, including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury. Any attempt to have commodities, technology and/or software exported from the United States that are not in accordance with the U.S. Export Administration Regulations and any other applicable law is strictly prohibited. ALTHOUGH WE ARE FACILITATING A PURCHASE AND DELIVERY TO YOU, YOU ARE THE PARTY IMPORTING MERCHANDISE INTO YOUR COUNTRY ("IMPORTER OF RECORD") OR CONSIGNEE, AS APPLICABLE, AND YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS OF THE COUNTRY INTO WHICH THE PURCHASED ITEMS ARE BEING DELIVERED. It is your responsibility to know the laws in the country into which you are receiving the merchandise. By purchasing items hereunder, you are acknowledging that such delivery does not violate any laws or regulations in the country into which the purchased merchandise will be delivered.

Title to Merchandise. All Purchases are made pursuant to a shipment contract. After Borderfree purchases and takes title to the relevant merchandise from the Retailer to fulfill your Purchase, title of such merchandise shall transfer from Borderfree to you, in the United States, at the time Borderfree ships the merchandise to you from Borderfree's facility in the United States provided the price total in respect of the merchandise has been received by Borderfree. In some cases, the Retailer may act as our shipping agent and facilitate delivery of the merchandise to you. In such case, the title to such merchandise will transfer to you from Borderfree at the time of shipment from the Retailer's facility provided the price total in respect of the merchandise has been received.

Pricing and Billing. Borderfree strives to provide accurate pricing information regarding the products. Borderfree cannot, however, insure against pricing errors. Borderfree reserves the right, at its sole discretion and before a contract is formed (as described in Section 1 above), to not process or to cancel any orders placed for a product that was priced incorrectly on a Retailer website or in the Borderfree Checkout as a result of an error. If this occurs, Borderfree will notify you by email. In addition, Borderfree reserves the right, at its sole discretion, to correct any error in the stated price total and may contact you with the corrected price total for your acceptance. If the corrected price total is lower than the original price total stated, a refund will be issued to you for the difference. If the corrected price total is higher than the original price total stated, you will be presented with one or more payment options, and if you choose to accept the corrected price total, you will be billed by Borderfree. Charges to your account may be accompanied by a descriptor that includes "Borderfree", "BF", the Retailer name, other descriptor or some combination thereof. Borderfree complies with the applicable rules regarding those payment options (including the time line of when you will be billed). In the event of the receipt by us of any parcel from Retailer containing only part of your Purchase, Borderfree will process the merchandise received (unless you agreed with Borderfree for a different option), and will only bill for an amount commensurate with the price of the merchandise therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT, if applicable. Notwithstanding the foregoing, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Borderfree exceed the total amount presented at the time of order placement by you. Borderfree may provide you with certain of the services outlined in these Terms and Conditions, including payment processing services, either directly or indirectly through its affiliates or subsidiaries, including without limitation: Borderfree, Ltd. and Pitney Bowes PayCo Holdings Limited, located at 51/52 Fitzwilliam Square West, Dublin 2, Ireland; Pitney Bowes Inc., located at 3001 Summer Street, Stamford, Connecticut *******; Pitney Bowes Australia Pty Limited and Pitney Bowes PayCo Australia PTY Limited, located at 95 St. Hilliers Road, Auburn NSW 2144, AU, Australia; Pitney Bowes Canada PayCo Limited, located at 181 Bay Street, Suite 2100, Toronto, ON, M5J 2T3, Canada; Pitney Bowes PayCo UK Limited, located at Building 5 Trident Place, Hatfield Business Park, Mosquito Way, Hatfield, Hertfordshire, AL10 9UJ, United Kingdom; Pitney Bowes PayCo Hong Kong Limited, located at 1401 Hutchison House, 10 Harcourt Road, Hong Kong; Pitney Bowes PayCo Japan KK, located at Gotenyama Trust Tower, 7-35, Kitashinagawa 4-chome, Shinagawa-ku, Tokyo, Japan; Pitney Bowes PayCo Korea Limited, located at Pan Ocean Building, 102 Jundang-daero, Jung-gu, Busan, Korea; Pitney Bowes PayCo Singapore Pte Ltd, located at 8 Marine Boulevard, #05-02, Marina Bay Financial Centre, *******, Singapore; Pitney Bowes PayCo Switzerland GmbH, located at Steigstrasse 26, CH-8406 Winterthur, Switzerland; Pitney Bowes PayCo EMR Limited, located at PO Box 9371, Dubai, United Arab Emirates; and Pitney Bowes PayCo México, S. De R. L. de C.V., located at Bosque de Ciruelos 180, PP 101, Bosques de la Lomas, ******* Ciudad de Mexico, Mexico. You hereby acknowledge and agree that Borderfree may carry out such services through Borderfree's related entities, which may include affiliates and subsidiaries in your country.

Shipping and Brokers. By making a Purchase, you hereby authorize a licensed customs broker chosen by Borderfree to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise, and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. Please note that we do not ship certain merchandise, to certain locations, or to certain people (due to legal restrictions and/or other reasons).
Shipments to Canada by Canada Post: Borderfree is an approved CREDITS participant with Canada Border Services Agency ("CBSA"). By ordering goods from Borderfree, you hereby authorize Livingston International, an approved customs broker in CREDITS, to act as your agent, and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to Borderfree, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Borderfree. Further, you also authorize the customs broker to forward any refund check issued by the CBSA in your name so that Borderfree can be reimbursed.

Shipments to Canada by DHL Express: Borderfree is an approved CREDITS participant with CBSA. By ordering goods from Borderfree, you hereby authorize DHL Express, an approved customs broker in CREDITS, to act as your agent, and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to Borderfree, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Borderfree. Further, you also authorize the customs broker to forward any refund check issued by the CBSA in your name, so that Borderfree can be reimbursed.

Shipments to the Russian Federation. When making a Purchase of merchandise destined for the Russian Federation, you may be given the option to select DHL Express as the shipping carrier responsible for delivery. By selecting DHL Express as the shipping carrier responsible for delivering your order to the Russian Federation, you hereby also agree (in addition to these Terms & Conditions) to DHL Russia's terms and conditions documented at http://www.borderfree.com/DHL-Express-Russia.
Customs, Duties, Taxes and Collection Fees. When you are making a Purchase, you may be given an option to prepay or not prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, "Import Fees"). We will make commercially reasonable efforts to estimate the amount of Import Fees (such estimate, the "Estimate"). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your Purchase. Import Fees do not include any state, provincial, or local use or similar taxes that a tax authority in the country or other local jurisdiction of destination may levy after the import on apply in respect of your Purchase ("Other Taxes"). Borderfree will not include any Other Taxes in the Estimate, and you will remain responsible for the payment of all Other Taxes as applicable.
Prepaying Import Fees. If you choose to prepay the Import Fees, you agree and acknowledge that (a) the actual Import Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Fees differ from the Estimate. You authorize Borderfree to submit refund claims on your behalf where Borderfree has paid higher Import Fees to customs authorities in the destination country than the Estimate that you have paid, and you hereby acknowledge and agree that Borderfree shall be entitled to directly receive such refund in reimbursement for Import Fees that it has paid on your behalf.

Deferring Payment of Import Fees. IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES, YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT BORDERFREE, THE BROKER, THE SHIPPER, THE SUPPLIER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; AND (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY NOT ONLY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES, BUT ALSO MAY PUT YOU AT RISK OF POTENTIAL LIABILITY FOR TAXES AND OTHER FEES.

Failure to Pay Import Fees. MOREOVER, IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES AND IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID BORDERFREE FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO BORDERFREE IN THE U.S. AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) SUBJECT TO YOUR CONSUMER RIGHTS, YOU UNDERSTAND THAT ALL SALES ARE FINAL AND WE ARE NOT REQUIRED TO REFUND YOU THE COST OF THE MERCHANDISE, BUT WE MAY DO SO IN CERTAIN CASES IN OUR SOLE DISCRETION; (4) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (5) YOU WILL NOT REQUEST THAT BORDERFREE OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (6) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OR ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT BORDERFREE OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (7) IF BORDERFREE (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN OUR SOLE DISCRETION DECIDE TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (8) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (9) ANY PORTION OWED TO BORDERFREE (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE), THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.
Returns. To find out if any merchandise that you may purchase or have purchased pursuant to a Purchase may be returned under certain terms and conditions ("Allowable Returns"), please see the Retailer's website to see if an international returns policy ("International Returns Policy") is listed. Please note that not all Retailers have an International Returns Policy and if they do not, then any reference to such a policy herein should be ignored for your Purchase. If such an International Returns Policy is listed, it shall take precedence over this Section unless there is a Restrictions Exception as defined below. Although you are making a Purchase from us (and we are ultimately responsible for facilitating delivery of a Purchase to you and facilitating returns), we have contracted with the Retailer to have them act on our behalf to publish Allowable Returns (relevant to that Retailer's merchandise) and to allow or not allow, in its discretion, returns requests. Also, this means that if you want to return any merchandise that you have purchased, you must contact the relevant Retailer for a returns authorization. Regardless of whether a return is an Allowable Return, Borderfree may in its reasonable discretion disallow a return where there is a restriction applicable to the export of the return from your country or the import from your country into the United States ("Restrictions Exception"). For example, Borderfree may disallow the return of an item containing animal sourced materials regardless of whether it is an Allowable Return because the import of such items into the United States is restricted. If a return that is not subject to a Restrictions Exception is authorized by the Retailer pursuant to the International Returns Policy, either Borderfree or the Retailer will provide you with information regarding the return and instructions on where to ship your return parcel. If and where parcels are shipped back to Borderfree's facility or shipped to a local facility to be consolidated before being shipped to Borderfree's facility, title to the merchandise that you are returning will transfer from you to Borderfree after the parcel has arrived at Borderfree's facility in the United States and we have confirmed the contents of the parcel as conforming to merchandise for which the Retailer authorized the return. If the Retailer that has authorized the return elects to dispose of or liquidate the parcel after it has arrived at the local facility rather than shipping it back to Borderfree's facility, title to the merchandise will transfer automatically from you to the third party designated by the Retailer or Borderfree to carry out the liquidation or destruction, and you authorize Borderfree to carry out such destruction or liquidation provided that Borderfree or the Retailer will reimburse you for the return as set forth in this Section and authorized by the Retailer after the destruction or liquidation has been carried out. If the Retailer allows, in its discretion pursuant to the International Returns Policy, Borderfree will reimburse you for any or all of the following, based on the amount that you actually paid: the original sales prices of the returned merchandise, duties, taxes, and any credits or debits. Unless otherwise stated in the International Returns Policy (or otherwise determined by Retailer in its sole discretion), if merchandise is allowed to be returned hereunder, (a) you are responsible for all costs associated with returning the merchandise (including without limitation shipping costs, duties or taxes imposed for the return, or non-Borderfree fees that may be levied or charged) and (b) if you are being reimbursed your original shipping costs (or some part of that) pursuant to Retailer so deciding in its sole discretion, the International Returns Policy or pursuant to relevant law, and you are only returning part of your order, we may only return those shipping costs (or part of those shipping costs) prorated for the merchandise being returned.
EU Consumer Rights: Notwithstanding any other provision of these Terms & Conditions, regarding Purchases that have a ship-to address in the European Union, you have a right to cancel your Purchase and return the merchandise (other than Non-Returnable Merchandise, discussed below) at any time before your order is delivered and within 14 days of the day after your receipt of the merchandise. If your order is delivered in multiple shipments, then the 14-day clock starts on the day after your receipt of the last item in the order. That returns period may be longer if specifically stated in the International Returns Policy. When canceling a Purchase and returning merchandise that was shipped to the European Union, we will reimburse all payments received from you for the merchandise purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. The refund will be normally made by the original method used by you to pay for the Purchase. When canceling a Purchase and returning merchandise that was shipped to the European Union, in addition to the method described above, you may complete a withdrawal form, located at: https://www.borderfree.com/help/eu-withdraw. In order to successfully withdraw from a Purchase, you must send back the merchandise to Borderfree (postmarked) within 14 days of notifying us that you are returning the merchandise. You have a legal obligation to take reasonable care of the merchandise purchased while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of your Purchase, from the refund to which you are otherwise entitled. If you cancel a Purchase within the 14-day cooling off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we or the Retailer as applicable receive the merchandise back or, if earlier, the day on which we receive evidence that you have returned the merchandise to the returns address. "Non-Returnable Merchandise" means the following and may not be returned (unless otherwise stated in the International Returns Policy): perishables (food), items that pose a hygiene risk (e.g., underwear and bathing suits), custom-made or personalized items, and sealed audio-visual items (e.g., CDs and DVDs) or software that are unsealed after delivery, unless such merchandise was damaged or faulty when delivered to you.

Borderfree Account. You may be given the opportunity to create an account with Borderfree that will enable, among other things, for a faster Borderfree Checkout experience, including the automatic uploading of your personal information to the Borderfree Checkout. During the sign-up process for your Borderfree account, you will be asked to create a password, we will ask you for certain information, including your payment information and e-mail address, and we will capture other information through your usage and information that you otherwise provide to us with your consent. Please read our Privacy Policy regarding how we collect, use, disclose, store, protect and process that information. By providing this information to us, you represent that the information is accurate and that you will keep that information up to date at all times. You may not have more than one active account open with us at any one time. Only you may use your account and you may not transfer to (or allow use by) any other person. You may only open an account if you are 18 years or older, you are the legal age of majority in your country, you are legally allowed to open this account in your country, and you live in a country supported by us (which we may change from time to time). PLEASE SAFEGUARD YOUR USER NAME AND PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR ACCOUNT, USER NAME, OR PASSWORD. YOU REPRESENT THAT YOU WILL USE THIS ACCOUNT ONLY FOR LAWFUL PURPOSES, TO MAKE PURCHASES FOR PERSONAL CONSUMPTION AND ONLY IN ACCORDANCE WITH THESE TERMS & CONDITIONS. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. To cancel your account, please contact customer service at *******@borderfree.com, *******555, 292 Madison Avenue, 5th Floor, New York, NY ******* or by facsimile at *******033. We reserve the right, in our sole discretion, to refuse registration of, suspend, or terminate your account for any reason and without notice. Such reasons may include but are not limited to: non-payment of monies due, periods of inactivity, unresponsiveness to our requests for information related to your account or Purchase, inaccurate, incomplete or misleading information being provided by you, use of your account fraudulently, non-compliance with export and sanctions laws or other laws, or non-compliance with these Terms & Conditions. We may delete any of your data within thirty (30) days after the date of termination of your account.

Special Terms for Marketplace Purchases. Notwithstanding anything to the contrary in these Terms & Conditions, if you are viewing merchandise on a Marketplace website, including without limitation any Retailer storefront or sub-domain on such Marketplace website, and using the Marketplace to make your Purchase, then you agree to the special terms for Marketplace purchases in this Section. Though Borderfree will purchase the merchandise from the Retailer on your behalf, your Purchase will take place on the Marketplace. Any Purchases that you make of merchandise found on a Marketplace will be made from Borderfree. The Marketplace may limit the payment option(s) and currency or currencies offered for your Purchase and you may be billed directly by the Marketplace or its affiliates instead of Borderfree. By submitting personal information to or through the Marketplace, you are providing your information to that Marketplace and the collection, use, disclosure and other processing thereof is subject to that Marketplace's privacy policy and terms and conditions in addition to Borderfree's Privacy Policy and these Terms & Conditions. Regarding Returns, in addition to the terms in the above Returns section, Borderfree shall only work with Retailer to effect Allowable Returns permitted by the Marketplace. For the avoidance of doubt, all other Terms and Conditions not expressly modified in this section will continue to apply to your Purchase.

Privacy Policy. Borderfree's Privacy Policy, which applies to Borderfree's collection, use, disclosure and other processing of personal information, is located at www.borderfree.com/privacy/en_us. You consent to the personal and other information that Borderfree may obtain about you being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

Contacting Borderfree. You can contact Borderfree (for questions, comments, praise, complaints, etc.) at *******@borderfree.com, *******555, 292 Madison Avenue, 5th Floor, New York, NY ******* or by facsimile at *******033.

Electronic Communications. When you visit the Borderfree Checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES, LIMITED WARRANTY BY SUPPLIER AND LIMITATION OF LIABILITY. THE BORDERFREE CHECKOUT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BORDERFREE CHECKOUT ARE PROVIDED BY BORDERFREE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BORDERFREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BORDERFREE CHECKOUT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BORDERFREE CHECKOUT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BORDERFREE CHECKOUT IS AT YOUR SOLE RISK.
AS DETAILED ELSEWHERE HEREIN, YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM BORDERFREE AND NOT THE SUPPLIER. NONETHELESS (AND WITHOUT LIMITING OR ALTERING THE DISCLAIMERS AND LIMITATION SET FORTH ABOVE OR BELOW) BORDERFREE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEBSITES AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH BORDERFREE FOR MERCHANDISE. YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE SUPPLIER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. THE SUPPLIER PROVIDES ALL PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO BORDERFREE, AND BORDERFREE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. BORDERFREE PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE IT SELLS TO YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BORDERFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE YOU PURCHASE. YOU FURTHER AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER'S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED BORDERFREE TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING YOU TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITED WARRANTY BY BORDERFREE AND LIMITATION OF LIABILITY. BORDERFREE PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF MERCHANDISE AS SET FORTH AND LIMITED BY THIS SECTION. YOU ACKNOWLEDGE THAT BORDERFREE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF MERCHANDISE YOU PURCHASE, UNLESS CAUSED BY BORDERFREE DURING THE STORAGE, HANDLING, OR DELIVERY OF THE MERCHANDISE FOLLOWING ITS RECEIPT BY BORDERFREE. BORDERFREE SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY MERCHANDISE YOU INSTRUCT BORDERFREE TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE MERCHANDISE CANNOT BE SHIPPED TO YOU. IN ADDITION, BORDERFREE SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, BORDERFREE'S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD $25,000.00, WHICHEVER IS LESS. BORDERFREE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE MERCHANDISE WAS NOT RECEIVED BY BORDERFREE FROM THE SUPPLIER AT BORDERFREE'S APPLICABLE FACILITY IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU, AT BORDERFREE'S APPLICABLE FACILITY IN YOUR COUNTRY OR THE U.S., OR WAS NEVER IN BORDERFREE'S PHYSICAL POSSESSION, OR NO CONTRACT WAS FORMED BETWEEN YOU AND US, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE MERCHANDISE BY BORDERFREE. NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, BORDERFREE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONAL LIMITATION OF LIABILITY. THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THESE TERMS & CONDITIONS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE MERCHANDISE, BORDERFREE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SAID MERCHANDISE.

Consumer Rights. Nothing in these terms of conditions shall affect your consumer rights under applicable law.

No Exclusion of EU Rights. If you are a consumer based in the EU nothing in these Terms & Conditions shall limit liability for (a) death or personal injury arising from our negligence or that of our employees and agents, (b) for defective products under any mandatory consumer rights or product liability legislation, or (c) for breach of implied terms under any mandatory sale of goods legislation. We do not seek to exclude liability for fraud or fraudulent misrepresentation or any other matter for which our liability cannot be limited or excluded under applicable law.

Consumer Rights in Germany. If you are a consumer in Germany, please read your supplementary rights available at https://www.borderfree.com/de-consumer-rights-us.

Copyright. All content included on the Borderfree Checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Borderfree, its affiliates, the Supplier or its licensors and protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of Borderfree, its affiliates, the Supplier or its licensors and is protected by U.S. and international copyright laws.

Trademarks. Borderfree, borderfree.com, FiftyOne, fiftyone.com, E4X, e4x.com, Bundle Tech and Duty Calculator and other borderfree.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Borderfree or its affiliates in the U.S. and/or other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not Borderfree's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Borderfree. All other trademarks not owned by Borderfree that appear in the Borderfree Checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Borderfree.

Patents. One or more patents owned, pending or licensed by Borderfree or its affiliates may apply to the Borderfree Checkout and to the features and services accessible via the Borderfree Checkout, including US Pat. No. 6,892,184 and US Pat. No. 6,460,020.

Force Majeure. Borderfree shall not be liable for any damage, loss, cost or expense arising in connection with any failure in performing any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, acts of governments, natural disasters, strike, lockout ("Force Majeure"). Upon the occurrence of any event of Force Majeure, we will promptly inform you and in the event of any delay, the obligation to deliver shall be suspended.

Severability. These Terms & Conditions state the entire agreement between you and Borderfree, although nothing in this Section shall operate to exclude any representation made by Borderfree fraudulently. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and Borderfree agree that it is our mutual intent that these Terms & Conditions, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.

Jurisdiction and Applicable Law. The laws of the State of New York in the United States of America, excluding its conflicts-of-law rules, shall govern these Terms & Conditions. These Terms & Conditions and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
Arbitration. Any dispute, claim or controversy that arises out of or relates to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or ability to arbitration, such a dispute, claim or controversy will be determined by binding arbitration as set forth in this Section.

ARBITRATION AFFECTS HOW DISPUTES ARISING FROM THESE TERMS & CONDITIONS WILL BE RESOLVED. BY USING THE BORDERFREE CHECKOUT, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis many of the same damages and relief as a court. Injunctive and declaratory relief or statutory damages may be granted, but punitive or exemplary damages will not be awarded. The arbitrator must follow the terms of these Terms & Conditions as a court would.

The arbitration in this Section will be administered by the Judicial Arbitration Mediation Service ("JAMS") pursuant to its arbitration rules and procedures then in effect. The JAMS rules are available at www.jamsadr.com or by calling *******267 (international rates may apply). Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Borderfree will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Judgment on the award may be entered in any court having jurisdiction. The arbitration in this Section must be brought in New York, NY U.S. A before one (1) arbitrator. The decision of the arbitrator will be rendered within thirty (30) days following conclusion of the arbitration and will be in writing and will set forth in detail the reasons for such decision.

You and Borderfree agree that any dispute, claim or controversy arising out of or relating to this Agreement will be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class proceeding.

Modifications. We reserve the right to make changes to the Borderfree Checkout, our policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Last updated September 25,2018

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