Terms and Conditions
1. You are shopping on a merchant’s website (“Merchant”).
2. If you place a Qualified Customer Order, the products you purchase will first be sold by the Merchant to Passport Global Inc (“Passport”) and then sold by Passport to you in accordance with these Terms and Conditions. Your payment information, shipping address, and any other information necessary or required to complete your order will be shared directly with Passport and its designated agents and contractors to enable Passport to fulfill your Qualified Customer Order.
3. Your Qualified Customer Order is subject to the following terms and conditions: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you acknowledge that you have read and agree to be bound by all terms and conditions. By submitting a Qualified Customer Order on a Merchant’s website, you understand and agree that:
3.1 You are transacting with Passport and providing it with your information. Passport may contact you regarding your order.
3.2 If the price of a product listed on a merchant’s website is incorrect, or if the applicable price of a product is incorrect during the sale and processing of your product order, Passport and its designated agents reserve the right to contact you, correct the price, and/or cancel your order.
3.3 The merchant remains responsible for processing your order payment.
3.4 Once your payment is processed, title to the item(s) transfers from Passport to you.
3.5 Certain addresses, such as P.O. Boxes, are not eligible for shipping.
3.6 Passport may, in its sole discretion, refuse to provide service, refuse to process or fulfill eligible customer orders, remove or edit content, or cancel such orders for any or no reason.
3.7 If you are under the age of majority in your jurisdiction, you will need parental or guardian consent to complete your purchase.
3.8 You authorize Passport and its designated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) act as your agent to prepare and submit customs declarations and take all related actions on your direct behalf, which expressly includes completing any documentation, amending product or Harmonized System codes, and paying any duties, taxes, or penalties required by applicable laws and regulations; (ii) act as your freight forwarder for customs import and export control purposes solely for designated customs brokers to perform customs declarations and entry; and (iii) reship your order to your customs broker or other address upon request by any person whom Passport’s designated agents and contractors reasonably believe to be authorized.
4. Currency. You can select your preferred payment method and currency from a list of options during checkout. Please note that the relative value of different currencies may vary, and therefore, the actual purchase price of the items in your order may vary depending on the currency selected.
5. Billing. If you use a payment card or other electronic payment method as your payment method, charges to your order account will be subject to the merchant’s terms and conditions.
6. Shipping. The items in your order may be shipped in a single shipment or multiple shipments. If the items in your Eligible Customer order are shipped across multiple shipments, or if only part of your order is shipped, you will be charged only for the items actually shipped to you.
7. Refunds, Fraud Prevention, and Voided Transactions. To protect your rights, Passport may use various fraud prevention protocols and policies, as well as industry-standard verification systems, to reduce fraud and minimize the risk of chargebacks. You must comply with these protocols and policies, including card authentication and “shipping address” and “billing address” verification. After an order is placed, you may not change any verified payment information or any verified “shipping address”/”billing address.” If a system error causes a transaction to be processed or accepted that resulted in a declined authorization, the transaction will be voided.
8. Customer Service and Returns. If you have any questions or complaints about your order, please first contact the merchant. Passport may work with the merchant as needed to resolve your issue. Merchants reserve the right to allow returns or refunds of orders based on their policies, including a refund of the original sales price for products returned to the merchant’s designated address. However, if restrictions apply to returned merchandise, Passport may deny any return request. You agree that your sole remedy is against the merchant. If a customer’s return is authorized by Passport or the merchant, Passport is entitled to return the merchandise to the merchant, and the merchant will issue a credit note to Passport accordingly. Passport will also provide the credit note to the customer, and Passport’s title, ownership, and risk in the returned product will transfer directly to the merchant. If the return is authorized by Passport or the merchant, the merchant will, on Passport’s instructions and in its name, provide the customer with a credit note for the value of the product authorized for return directly to the merchant. For any product returned to the merchant, you authorize Passport and its designated agents to act on your behalf and to recover any import duties and taxes. If required, you will execute any documents reasonably necessary to facilitate the return of the product and the recovery of any import duties and taxes.
9. General Terms. When you place an eligible customer order through a merchant website, the following general terms apply:
9.1 Compliance with Applicable Laws. You warrant that any products purchased through a Qualified Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including, but not limited to, the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury, and equivalent statutes, regulations, and codes of England, Wales, or the European Union. You are responsible for understanding the laws of the country of destination for any products you order from a merchant website. By placing a Qualified Customer Order, you warrant that the importation of your ordered products into the country of the shipping address you provide will not violate any laws or regulations of that country.
9.2 Privacy. To fulfill your Qualified Customer Order, you will provide personal information to the Merchant and Passport and consent to the collection, use, processing, disclosure, and/or storage of your personal information by the Merchant, Passport, and our service providers as necessary to process and fulfill your order and otherwise provide the services you have requested, subject to the Merchant’s and Passport’s privacy policies. Passport assumes no responsibility for the collection, use, processing, disclosure, or storage of your personal information by the Merchant or any service providers they engage. The collection, use, processing, disclosure, and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s Privacy Policy. The Merchant and Passport may analyze transaction data to identify trends, statistics, and metrics that may help improve the Merchant’s customer experience and/or the services provided by Passport. Any transaction data analyzed for these purposes will be aggregated and de-identified, meaning any personally identifiable information will be removed.
9.3 Electronic Communications. When you submit an eligible customer order through a Merchant’s website, you are communicating with Passport electronically and you consent to enter into this Agreement electronically and to receive communications from Passport electronically/email.
9.4 Modifications. You acknowledge that Passport may modify its systems, policies, and these Terms and Conditions at any time. Passport will ensure that the most current version of these Terms and Conditions is displayed each time you place an eligible customer order on a Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you place an eligible customer order. If you do not agree to any changes to the Terms and Conditions, please do not complete your order. Any orders placed after the effective date of a change will constitute your agreement to the change and the then-current Terms and Conditions.
9.5 Severability. If any or any part of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that provision or part-provision will be severed and will not affect the validity and enforceability of the remaining provisions.
9.6 Litigation. Any action or proceeding arising out of or relating to these Terms and Conditions shall be brought in the courts of the State of California, USA, and you hereby irrevocably consent to the jurisdiction of the courts of the State of California, USA for all such actions.
9.7 Language. The parties agree and expressly require that this Agreement and all related documents be drawn up in English.
9.8 Definitions. “Member State,” “Third Country,” and “Third Territory” have the meanings given in Article 5 of Council Directive 2006/12/EEC. “Products” means the goods sold through the Merchant Website that do not fall into any applicable category or class of GST, whether or not such GST is actually payable on such goods, or whether or not such GST has been paid on such goods; or that would not be prohibited or restricted goods if imported into the UK and would not be subject to any restrictions on export, sale or transfer in violation of any applicable law. “Product Price” means the price (inclusive of VAT) at which the Merchant sells the Products to the Customer and the price (inclusive of VAT) at which Passport sells the Products to the Customer; and “Product Price” means the price of an individual Product. An “Eligible Customer Order” meets all of the following conditions:
(A) It is an order for Products placed through the Merchant’s Website for shipment from:
from a third country (excluding Northern Ireland (“NI”)) to an address in an EU Member State (e.g., from the US to France); from a third country (excluding the UK) or from an EU Member State to an address in the UK (e.g., from Germany to the UK); or from a third country (excluding Northern Ireland) to an address in Northern Ireland (e.g., from the US to Northern Ireland);
(B) With respect to shipment of one or more Products to an address:
In the UK or Northern Ireland, the total intrinsic value of the Products in the order does not exceed £135 (one hundred thirty-five) pounds sterling, or, if the total intrinsic value of the Products in the order exceeds that amount but is shipped in separate shipments, the intrinsic value of each shipment of which the Products are a part does not exceed £135 (one hundred thirty-five) pounds sterling; and in the EU Member State, the total intrinsic value of the Products in the order does not exceed £150 € (one hundred and fifty Euros) or, when the total value of the Products in the Order exceeds that amount but are sent in separate shipments, the intrinsic value of each shipment containing such Product or Products does not exceed €150 (one hundred and fifty Euros).