As of October 14, 2017

TERMS AND CONDITIONS OF USE
 

These Terms and Conditions of Use (“Terms”) constitute legally binding terms and govern your use of the Shop n Zip website accessible at the URL link shopnzip.com (the “Website”) and the Shop n Zip online services for the shipment of Packages (defined herein) from the United States to the Philippines (the “Services”). Any reference to “we,” “us,”, “our” or “SNZ” in the Terms refer to ABS-CBN International which provides the Shop n Zip services and, when applicable, engaged the contracted warehouse and freight forwarder companies. Any reference to “you” or “user” or “User” or “customer” refer to the person accessing the Website and using the Services available under the Website. The Invoice, other related documents and the Terms are collectively referred to as “the Agreement”.

We may update the Terms from time to time without prior notice and your continued use of the Website constitute your acceptance of the Terms, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of the Website shall be subject to the current Terms.  Current versions, including recent updates, will be available for review on the Website. 

 

Account

 

User acknowledges and represents that he/she has read and understands the Agreement, is at least eighteen (18) years of age and competent to enter into the Agreement, has the authority to use the credit card provided for billing and deposit purposes, agrees to be bound by the Agreement, and agrees that the Beneficiary/Consignee identified in the Invoice has been informed of and to be bound by the Agreement, as it may be amended by SNZ from time to time, in its sole discretion.

You are required to create a Shop n Zip account in order to avail of the services (the “Shop n Zip Account”). If you are registering as a business entity, you represent that you have the authority to represent and bind the business entity to this Agreement. Once registered, you will be given a unique Shop n Zip account ID and you will be allocated with a U.S. shipping address at the Shop n Zip warehouse, which you may provide to legitimate third party online U.S. websites as a delivery address (the “User SNZ Address”) when you purchase products, items, or goods (the “Package(s)”).  You are also required to incorporate your Beneficiary(ies) shipping address (the “Beneficiary Address”). User confirms and warrants that the Beneficiary(ies) information provided during ship out of Packages is complete, current, accurate and truthful.

You have the option to register your Shop n Zip account through your Facebook, Twitter or other social media account (collectively “Social Media Accounts”). In case you select this option, your activities in your Shop n Zip account may be posted automatically to your Social Media Accounts. Please note that only one account for each type of social media can be connected to your Shop n Zip account. We encourage you to review your Social Media Accounts’ Privacy Settings and Privacy Policy so that you can understand how Facebook, Twitter and other social media collect, use and share your information. We are not responsible for the information used, collected or shared by Facebook, Twitter and other social media. You may disconnect your Shop n Zip account from your Social Media Accounts by modifying your Shop n Zip account profile.

          

My Items

 

You authorize Us to accept delivery of Packages at the Shop n Zip warehouse (the “Warehouse”) on your behalf. You also authorize Us to appoint Federal Express Corporation (“Fedex”) to be your freight forwarder to ship the Packages to the Beneficiary Address in accordance with these Term and you acknowledge that We are a non-exclusive authorized agent of FedEx. Once We receive the Packages, we will notify you via email. The “My Items” page on your account will also be updated as the Package(s) arrive the Warehouse.

The Package(s) that you select in the “My Items” page are the only items which will be actually shipped via air or sea shipment (when it becomes available), depending on your choice of shipment mode. For sea shipment (when it becomes available), you acknowledge and agree that the selected Package(s) may be consolidated in more than one shipping box and as such, you will be charged accordingly. By clicking the “SHIP MY ITEMS” button, you acknowledge and agree that you have completed the selection process and that you have read and understood the terms hereof. All Beneficiary Address once confirmed on the Website are final and may not be varied.

We have the right (but not the obligation) to open and inspect any Package at its sole discretion without further notice to User or Beneficiary, and/or without User or Beneficiary’s consent. If, upon such inspection, any shipment is found to contain any materials prohibited as further described herein or is deemed unsafe to transport, we have the absolute right to refuse said shipment. Furthermore, in the event that any inspected shipment is found to contain any illegal, illicit, hazardous, or otherwise prohibited materials, we reserve the right to contact all applicable Federal, state and/or local agencies to report such materials and, upon demand of such agencies, transfer them to the proper authorities. User and/or Beneficiary, as applicable, will be held responsible for any civil and/or criminal liability arising out of or otherwise related to damages, injuries or losses caused by any such prohibited/illegal shipments.

User agrees that a Package will be deemed unacceptable for shipment in case of any of the following (“Unacceptable Package”):

  1. It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization;
  2. No customs declaration is made when required by applicable customs regulations; 
  3. We decide that we cannot transport an item safely or legally (such items include but are not limited to: currency, precious metals, firearms or ammunitions, explosives, combustible materials, drugs, negotiable instruments in bearer form, traveller’s check, money orders, pornographic materials, perishable goods, industrial carbons or diamonds, animals); 
  4. Products classified as hazardous material, dangerous goods, prohibited or restricted and therefore deemed unacceptable for shipping will be returned to the merchant at User's cost and/or we reserve the right to dispose of the Package.

We reserve the right to refuse to accept any of the enumerated Unacceptable Package for transport, abandon and/or refuse at any time such Unacceptable Package including any of the following circumstances: (a) if the Package or any content thereof shall be deemed or found to be unacceptable, or in violation of any applicable customs, tariff, or any other relevant laws, rules or regulations; (b) if the User has undervalued or mis-declared the Package for customs purposes or for any other purpose, intentionally or otherwise; (c) in any of these instances, the User shall indemnify and hold us free and harmless from any claims, damages, fines and other expenses arising from such refusal or abandonment.

 

Charging

 

All published rates on this Website which are composed of the Shop n Zip service fees and Fedex freight charges shall be indicated in US Dollars (US$). Shipping charges may vary depending on the weight, dimension, destination and are subject to change from time to time at our discretion. Once you are ready to ship your Package(s), you have the option to choose the credit card which you will use. You acknowledge and agree that the information to be provided for the payment via credit card will be complete, accurate and current.  All payments must be received in full. If your payment is not received in full or declined by the credit card issuer, you cannot proceed with the shipment of Package/s and we will dispose your Packages in accordance with these Terms.

User shall be primarily and solely responsible for all freight charges, customs duties, costs, taxes and expenses incidental or which may be levied in connection with the final delivery of the goods to the Beneficiary. User is hereby pre-authorizing Shop n Zip to charge the credit card used upon check-out for any taxes, duties, costs or other customs charges that any government agency may impose on the Package.

In the event the shipment/cargo is undeliverable, the User shall be responsible for all reasonable costs of returning the Package to the 3rd party merchant or its disposition in accordance with the instructions marked thereof on the shipment.

We shall have a lien on the Package for any unpaid freight charges, customs duties or any other cost or advances. We may refuse delivery of the Package or surrender thereof until all corresponding charges are paid in full. User shall also bear the expense we have incurred for any delinquencies and/or collection costs.

 

User or Shipper’s Warranties

 

User warrants ownership of the contents of the Package to be transported, that the contents of the Package are completely identified and accurately described upon ship out and are in good and secure order, except as otherwise noted, for transport to the address of the Beneficiary, are adequately marked and packaged to ensure safe transportation with ordinary care and handling.

User shall observe and comply with all relevant rules, regulations and laws of any country to, from or through which the Package goes. User confirms and warrants that the Package does not contain any content which is illegal, prohibited, regulated, hazardous or dangerous, such as but not limited to CURRENCY, PRECIOUS METALS, FIREARMS OR AMMUNITIONS, EXPLOSIVES, COMBUSTIBLE MATERIALS, DRUGS, NEGOTIABLE INSTRUMENTS IN BEARER FORM, TRAVELLER’S CHECK, MONEY ORDERS,PORNOGRAPHIC MATERIALS, PERISHABLE GOODS, INDUSTRIAL CARBONS OR DIAMONDS, ANIMALS or any other goods not acceptable for transport by law or which are prohibited for shipment.

User agrees and warrants that the declared value of the Packages disclosed on the Website are accurate. Should the declared value of the Package exceed Four Hundred Forty Nine United States Dollars (US$449.00) per shipment, User warrants and represents that User/Beneficiary has a valid Philippine Importer License registered and accredited with the Philippine Bureau of Customs. User understands that failure to present a requisite Philippine Importers license may result to holding of the Package by the Philippine Bureau of Customs.

User understands and agrees that we are not responsible for any errors of the online merchants in fulfillment of the orders or otherwise. User will have to make arrangements with the online merchants for any returns, refunds or exchange of items directly in accordance with the online merchant’s terms and policies, including their policies on who will shoulder the return fees. While the Packages are still at the Warehouse, we can facilitate the return delivery to online merchant, subject to user’s compliance with the online merchant’s return policies and the payment of applicable return charges.

User agrees and warrants that it shall advise the Beneficiary to inspect the Package(s) immediately upon delivery thereof and shall at the time of delivery notify us or Fedex of any concern about, damage to, or deficiency in the contents of the Package(s), if any. User agrees and warrants that if Beneficiary receives and accepts the Package(s) without noting any such concern about, damage to or deficiency in the contents of the Package to us or Fedex at the time that the package was delivered to the Beneficiary, we shall not be liable for any loss of, or damage to the Package, or any content thereof.

 

Shipping

 

Shipments depart weekly from San Francisco, California. Items received after the cut-off days are shipped the following week unless you specify otherwise.

Shipping mode

Cut-off day for receiving items
delivered to Shop n Zip warehouse

Shipping day

Estimated transit time to Metro Manila

Estimated transit time to Luzon, Visayas and Mindanao

AIR

Every Wednesday

Every Friday

5-7 working days

10-12 working days

SEA

TBA

 

 

 

The estimates herein are for general information purposes only.


The Website has the facility to Track your Packages. We will also send you an email to inform you about the estimated delivery date of Packages and your tracking number. While the information provided in the Website is believed to be correct at the time of inquiry, we do not make any guarantee as to the accuracy and correctness of any information thereon nor do we accept any liability for inaccuracies or omissions that can occur by the transference of information. We will not be liable for any costs arising from the reliance to the tracking information provided. User understands and agrees that the information presented on the Website are considered for information purposes only and does not constitute a legal and binding contract between Shop n Zip or its Authorized Agents and the User, unless otherwise specified.

User shall be at all times responsible to comply with all relevant laws, rules and regulations.  We do not guarantee delivery of Packages, which do not comply with the relevant import or export regulations of the country of destination.

If Beneficiary refuses to accept the delivery or the Package is deemed to be unacceptable, or it has been undervalued, or the Beneficiary cannot be reasonably identified or located, we shall use reasonable efforts to return the Package to the merchant at User’s costs, otherwise, the Package may be released, disposed of, or sold by Us without incurring any liability whatsoever to user or anyone else, with proceeds applied against service charges and related administrative costs and the balance of the proceeds of same, if any, to be returned to the User.

The User-appointed and authorized freight forwarder shall be bound by the Agreement, as it may be amended by Shop n Zip from time to time, and shall be responsible for good faith enforcement of the duties and obligations herein.

 

Claims

 

Claims for lost or damaged Package must be made and submitted by the User to Shop n Zip in writing no later than thirty (30) days from the date when the Package was received by or delivered to the Beneficiary. Written claims must be accompanied by a copy of the User’s invoice and if applicable, receipts or proof of purchase. Claims with incomplete documentation shall not be accepted and processed until complete supporting documents are submitted to ABS-CBN. Claims must be addressed to ABS-CBN International c/o Shop n Zip and mailed to 1142 Cherry Ave., San Bruno, CA 94066.

Claims for non-delivery of Package must be made and submitted by User to Shop n Zip in writing, no later than ninety (90) days from expected delivery date. Written claims must be accompanied by a copy of the User’s invoice and if applicable, receipts or proof of purchase. Claims with incomplete documentation shall not be accepted and processed until complete supporting documents are submitted to Shop n Zip. Claims must be addressed to ABS-CBN International c/o Shop n Zip and mailed to 1142 Cherry Ave., San Bruno, CA 94066.

No claim shall be entertained if any charges, fees or expenses for the shipment of the Package, or any portion thereof, are unpaid. The User may not offset any outstanding payment due to ABS-CBN from any amount covered under a claim.

 

Marks and Logos

 

You acknowledge that ABS-CBN owns and/or has the exclusive right to use Shop n Zip mark, the shopnzip.com mark, the ABS-CBN logo and other marks and logos related to the Website (collectively the “ABS-CBN marks”). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof.

 

Advertisements and Links

 

The Website may show advertisements and communications from Shop n Zip and its Parent, Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from Shop n Zip, or its Parent, Subsidiaries or Affiliates.  Furthermore, we make no warranty, representation(s) or endorsement of any goods or services offered thereof.  Instead, the advertisement, communication or information may be considered as an invitation for you to purchase products of such third party to engage or avail of their services.

The Website also shows advertisements and communications from advertisers other than Shop n Zip (“Other Advertisers”). You agree that your correspondence, transactions or dealings with the Other Advertisers are solely between you and the Other Advertisers (including, but not limited to, issues related to the content of third-party advertisements, payments, delivery of goods, warranties, privacy and data security). You agree and acknowledge that we shall not be liable for, and that you shall hold Shop n Zip and its Parent, Subsidiaries and Affiliates free and harmless from, any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers.

The Website may also provide links to other internet sites (the “Linked Websites”). You agree and acknowledge that we have no control over the content, operations, policies, terms or other elements of the Linked Websites. You further agree and acknowledge that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in the Linked Websites.  We do not offer any warranty, implied or express, as to any goods or services provided by the advertisers.

 

Promotions

 

From time to time, Shop n Zip may conduct promotions on or through the Website, including without limitation to, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.

 

Disclaimer

 

We provide the Website on an "as is" basis, and hereby expressly disclaims all representations, warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.  Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Website.

Any and all transactions made by you through third party online sites are different from our services to be performed under this Website. You acknowledge that Shop n Zip has no control over third party online websites and/or any of the products they sell therein.

To the maximum extent allowed by applicable laws, Shop n Zip and its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, for any information, software, products, services, content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Shop n Zip has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

Insofar as Social Media Accounts are dependent upon the third party social media website(s) and application(s) companies, we make no warranty, express or implied, as to the compatibility, integration and/or functional compatibility of your Shop n Zip account and such Social Media Accounts.

 

Limitation of Liability

 

USER HEREBY (a) AGREES THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, NEITHER ABS-CBN INTERNATIONAL, FEDERAL EXPRESS CORPORATION OR OTHER CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES (COLLECTIVELY, THE “INDEMNITEES”), SHALL HAVE ANY LIABILITY TO THE USER OR HIS/HER/ITS BENEFICIARY, RELATIVES OR RELATIONS OR OTHER PARTIES CLAIMING THROUGH THEM WITH RESPECT TO ANY FAILURE, DELAY OR LOSS OF THE PACKAGE, OR ANY CONTENT THEREOF (except to the extent provided in the immediately preceding paragraph), CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, AND (b) WAIVES ANY RIGHT OR REMEDY IT MAY HAVE AGAINST THE INDEMNITEES AS A RESULT OF ANY SUCH LOSS, DAMAGE OR DELAY. FURTHER, THE INDEMNITEES SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES OR LOSS OF PERSONAL PROPERTY), OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND THE USER WAIVES ALL RIGHTS THAT IT OTHERWISE MAY HAVE OR HAVE HAD IN RESPECT THEREOF WHETHER PURSUANT TO THE AGREEMENT, ANY LAW OR OTHERWISE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS. THE USER ACKNOWLEDGES AND AGREES THAT ABS-CBN INTERNATIONAL HAS SET ITS PRICING FOR THE SERVICE AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

ABS-CBN’s liability for any loss of or damage to the Package shall not exceed TWO HUNDRED UNITED STATES DOLLARS (US$200.00) or the actual amount of the damaged or lost Package, or content thereof, whichever is lesser, unless a higher declared value of the content of the Package is attached and the corresponding insurance/charges were paid by the User according to the declared value.

 

Indemnity

 

You agree to defend, indemnify and hold ABS-CBN, its Parent, Subsidiaries and Affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against any and all claims, damages, liabilities, losses, costs and expenses, including attorney’s fees, made by any third party due to or arising out of or are otherwise directly or indirectly related to your use of the Website, or activities in connection to the Website, your use of the facilities of the Website, your violation or breach of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of the Website.

User/Beneficiary hereby expressly acknowledge and understand that we shall not be liable for any claim, liability or damages which may arise out of or in connection with the loss or damage to the Package (or any content thereof), delay in delivery or mis-delivery of the Package, unless such damage, delay or mis-delivery is directly due to the fault or gross negligence of Shop n Zip, its employees, agents or representatives. Neither shall Shop n Zip be liable for any loss of or damage to the Package (or any content thereof), or any delay in the delivery or mis-delivery of the Package caused by or resulting from the following:

 

a. The act, default, omission or negligence of the User for the Beneficiary;

b. The act, negligence, default, or omission by the freight forwarder you authorized Us to appoint as provided herein, acting without or beyond his/her/its authority, and/or without the knowledge or consent of ABS-CBN;

c. The nature of the content of the Package, any defect characteristic or inherent to the content of the Package, any violation of these Terms and Conditions, applicable tariff and customs laws, including but not limited to improper or insufficient packaging, securing proper marking, or failure to observe any of the laws, rules and regulations on acceptable items for transportation as mentioned above;

d. The normal handling and transport of the Package during which any content of the Package may be inadvertently dislodged, shaken, spilled, or broken, and as such, may affect or damage the other contents of the Package;

e. Any act of God, natural or public disaster or calamity, fire, flood, typhoon, act committed by public enemies, act or omission of public authorities, riot, strike, civil disorder, war, accidents and incidents, and any other unforeseeable occurrences or any other cause beyond our control.

 

User shall indemnify and hold Shop n Zip, its employees, officers, shareholders, agents, representatives and contractors free and harmless from any claim, loss, damages, suit or liability which may arise out of or in connection with any violation by the User or its authorized agent of any of these Terms or of this Agreement, or of User’s obligations, representations or warranties herein.


Miscellaneous

 

California Law shall govern these Terms and our relationship as service provider and customer without regard to conflict of law provisions. Furthermore, you agree to submit to the personal and exclusive jurisdiction of the appropriate courts in the state of California.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience and have no legal or contractual effect.

If you have any questions or comments, please go to the Contact Us page.