User Agreement

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Service Agreement of Polar Express, LLC

Polar Express, LLC, located at 5 South Main Street, Englishtown, NJ 07726, USA and an individual (hereinafter referred to as the "Client"), upon registering at the website https://en.polexp.com/, enter into this Agreement under the terms set forth below.

The provision of Service is carried out by the Service Providers: Polar Express, LLC (hereinafter referred to as "Polar Express") provide services within the territories of the USA and Canada.

The Service Providers are responsible to the Client for the provided services.

This Agreement is a public and official offer to individuals among the website visitors to use the services of the Service Providers (public offer).

All services provided by the Polar Express service are governed by the terms of this Agreement. We reserve the right to change the terms of this Agreement at any time, and these changes take effect upon being posted in this document. For this reason, you need to regularly review this page for changes to the terms of the Agreement.


1. TERMS AND DEFINITIONS

Offer - an offer made by the Service Providers to an indefinite number of people to enter into a contract with the Service Providers remotely under the terms contained in this Offer, including all Appendices thereto.

Sender — a legal entity registered in accordance with the laws of its country of residence that has handed over an express shipment to a postal company or express carrier for transportation.

Client - any individual of legal age who has accepted this offer, is a customer of the Service Providers, and pays for their services.

Recipient — an individual whose data is indicated on the front side of the express carrier's individual waybill or on the international postal waybill and who is the final recipient of the parcel.

Goods — any consumer goods intended for personal use by an individual and not restricted by the laws of the sender’s or recipient’s country. The purposes of use of the Goods are determined in accordance with the laws of the recipient’s country.

Order / Parcel – goods, the delivery of which is carried out by the Service Providers at the request of the Client.

Customs Representative — a legal entity of a member state of the Customs Union or other customs organizations that performs customs operations on behalf of and by the authority of the declarant or another interested person in accordance with established legislation


2. SERVICE PROVISION PROCEDURE

1. The services of the website https://en.polexp.com include receiving, sorting, dispatching, and transferring the Client’s parcels to the postal company for further dispatch to the specified address during business hours and by the selected delivery method. Delivery times and methods are indicated here: https://en.polexp.com/prices.html

2. The services of the website https://en.polexp.com can be used by individuals over the age of 18. Individuals under 18 can use the services of the website only under the supervision of parents or guardians. The site Client is an individual who purchases and ships goods for private use.

3. By submitting a request to use the services of our website, you grant Polar Express the right to verify your personal data directly or through third parties. This may include a request for additional information. For example, it may be necessary to confirm ownership of the email address or credit card used for payment.

4. Membership begins upon registration on the website https://en.polexp.com. Membership is free for all registered users.

5. Polar Express provides each Client with a postal address in the USA.

6. The Client's address is provided exclusively for sending mail and parcels. The Client may not use the address provided by Polar Express for other purposes, such as registering and managing bank accounts and credit cards, setting up websites, or registering domains.

7. The Client agrees that the Service Providers have the right to involve third parties to fulfill their obligations under this Agreement. The parties establish that services on behalf of and by the authority of the Service Providers may be provided by the following third parties, registered in accordance with the laws of the following countries:

8. Polar Express is not a parcel delivery service and does not directly transport goods. Polar Express assumes responsibility for the contents of the parcel from the moment it leaves their warehouse(s) until it is received by the Client.

9. All Rules and Conditions of the Service for forwarding goods apply to the Client and their parcels: https://polexp.com/dashboard.html.

10. The Client is responsible for ensuring the readiness of the parcel for shipment. The Client must be confident in the contents of the parcel, its weight, size, and the accuracy of the delivery address. The Client must also be informed about restrictions and prohibitions on the delivery of certain goods in the recipient’s country.

11. The Client is responsible for ensuring that their parcel complies with the current legislation, rules, and regulations, including but not limited to export laws and state regulations of the country to which, from which, or through which delivery will be made. Polar Express does not guarantee the delivery of parcels that do not comply with the customs legislation of the destination country or US. The Client undertakes to familiarize themselves with the restrictions and prohibited goods on the page https://en.polexp.com/restrictions.html for international delivery.

Polar Express reserves the right to open any incoming parcel to check for prohibited contents. The service has the right to refuse to ship any item if it deems it non- compliant with export/import requirements. In the event that a prohibited item arrives at the warehouse, Polar Express may, at its discretion, at the Client's expense, either return the item to the Client or dispose of it. In the case of disposal of the item, no compensation for the cost of the item will be paid to the Client.

12. Polar Express delivers only by the methods offered on the website. Polar Express is not responsible for parcels sent to prohibited countries, prohibited persons, or organizations. If we can not ship your parcel due to these prohibitions or restrictions, you agree to return the item to the sender or deliver it to another address.

13. The Client guarantees and is responsible for complying with the regulations established by the European Union, the United States, and Canada on the shipment of goods from Europe to the Russian Federation (Council Regulation (EU) No. 833/2014 and amendments from 2022 (hereinafter the Regulation)). The Client hereby confirms that they have been informed of the responsibility for non- compliance with the norms specified in the Regulation and personally bear the risk of adverse consequences.

14. Polar Express is not responsible for parcels exceeding permissible weight, size, or volume norms in specific countries. The Client must ensure that their parcel meets all parameters according to the rules of the country to which or from which delivery will be made.

15. We accept all incoming parcels at our warehouses, identify them, and add them to the Client's account.

16. Clients must ensure the correct spelling of the surname, name, postal address, and phone number when sending a parcel to the Polar Express warehouse.

17. Upon receipt of an incoming parcel, Polar Express will determine its owner, and then the parcel will be entered into the appropriate account. If the owner cannot be identified and the form with the specified tracking number is not submitted within 14 days, the parcel will be destroyed.

20. Receiving and processing parcels and mail is free for the USA.

21. The storage period for received parcels is 60 calendar days.

22. Duplicate accounts are not allowed, such as multiple accounts paid with the same bank account/credit card. Existing Clients cannot add their name to another Client’s account.

23. Customers are responsible for all customs/government fees, duties, and taxes (hereinafter referred to as fees) in their country or in the country to which they are sending their packages, as well as for any subsequent fees. These fees are separate from Polar Express packaging/shipping fees and fees under the Shipping Protection Program terms. Customers appoint the licensed customs broker LLC “GBS-Broker” as their agent if the package is delivered via PickPoint or Standard within the Russian Federation for customs clearance on their behalf. The customs representation agreement for customs declaration of goods is considered concluded with the Customer from the moment an individual waybill (declaration) for the express cargo (PickPoint or Standard) is formed. The Customer also agrees to the customs representation agreement concluded by the customs broker appointed by or on behalf of the Service Provider.

24. Customers can contact Polar Express to investigate delivery delays by sending an email from the address used during registration or through the internal mail system in the Client's Personal Account.

25. Polar Express accepts requests for investigation no earlier than 14 days from the last EMS tracking update and no earlier than 30 days from the last update for Priority delivery. Requests are not accepted after 90 days from the date of shipment.

26. Polar Express offers a Shipping Protection Program for parcels sent from our warehouse to international and domestic destinations. This service covers:

27. Protection Program fees depend on the value of the contents and must be paid together with shipping fees.

28. The protected amount cannot exceed the nominal value of the goods specified in the store/vendor invoice and/or customs declaration.

29. Customers agree that inflating the nominal value of goods to receive compensation is considered fraudulent. Such actions will result in automatic denial of compensation.

30. All claims are considered on an individual basis. Any payment will be based on the nominal value of the protected goods.

31. Customers must report any issues upon receipt of the package within 3 days after delivery, but no later than 30 days from the date of shipment. Claims submitted later than 3 days after delivery and later than 30 days from the date of shipment will be automatically rejected.

32. Customers need to provide information related to the claim, including:

33. No compensation will be provided in the case of:

34. The Customer must pay all fees, fines, refunds, and other debts to Polar Express or a third party, as well as additional expenses incurred by Polar Express due to non-performance or improper performance by the Customer of their obligations or rules of this Agreement, or if such fees, fines, refunds, debts, additional expenses arose due to violations or abuse of other agreements. The Customer agrees to compensate Polar Express or a third party within 3 (three) banking days from the date of notification.

35. This Agreement applies to all Customers, regardless of their country of residence, and is binding. In case of violation of the Customer's obligations or rules established by this Agreement, the Service reserves the right to refuse to provide services. If such violations occur during the provision of services (at any stage), the Service has the right to terminate its obligations to the Customer unilaterally by notifying the Customer in writing through the Personal Messages section (in the Client's personal account) and return the goods to the seller/sender; initiate the account verification process, or suspend the delivery of goods. All costs associated with returning the goods to the seller/sender and the refusal of the Service to provide services must be paid by the Customer within 3 (three) banking days from the date of notification, or, if paid by the Service, reimbursed by debiting all necessary amounts from the Customer's account. The non-issuance of goods to the Customer (or another recipient) at the pickup point, in the cases provided for in this clause, is a legitimate action of the Service.

36. Please consider a margin of error when converting weights, as well as factors such as varying humidity levels, when comparing the weight of a package at shipment and receipt. A slight difference in weight is acceptable (50-70 grams for "small packet" type shipments, 100-150 grams for "parcel" type shipments). If there is a significant discrepancy in weight, the Customer has the right to contact the Service to file a claim regarding this matter.

37. The Customer agrees to provide accurate information regarding the quantity and value of goods in parcels, as well as invoices to confirm the value of goods. The Service reserves the right to specify accurate information in the declaration based on the provided invoices, regardless of the values/quantities of goods manually specified by the Customer. If falsification/replacement of data in the declaration by the Customer is detected, a fine of $100 will be deducted from the Customer's account.

38. Incoming parcels are stored in the USA and Canada for 60 days from the date of receipt at the warehouse. Storage cost for each parcel exceeding 60 days is $10 per purchase for each full or partial month.

The maximum storage period for a parcel at the warehouse is 90 days, after which it will be irreversibly disposed of.
Storage of packed parcels awaiting payment of the shipping invoice:
7 days from the invoice date – free.
More than 7 days from the invoice date – $25 for each full/partial week.

The maximum storage period is 60 days from the date of package.

After the specified storage period, the items or parcels will be disposed of/sold to recover Polar Express costs for warehouse handling services.

39. The Parties are released from liability for partial or full non-fulfillment of obligations under this Agreement if this non-fulfillment occurred due to force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee or prevent by reasonable measures (force majeure). Such extraordinary events include: flood, fire, earthquake, explosion, storm, epidemic, and other natural phenomena, as well as war, various military actions, and government restrictions (sanctions). The Service is not responsible for the actions of related services used to provide Services to the Customer but not owned by the Service, such as government organizations/customs, banks, postal services, internet providers, email services, payment systems, etc.

40. The Customer agrees not to contact sellers/online stores directly regarding goods purchased for them by Polar Express. When purchasing goods, Polar Express (on behalf of the Customer) is a party to the transaction with the seller/online store. Therefore, the Customer has the right to request information from a Polar Express representative (specifically, by contacting Support via any available means), who will request data from the seller/online store and provide it to the Customer.

41. The purchase of goods through the "Shopping Assistance" service is made without additional notification if the paid value of the goods increases by no more than 20% (but no more than $20) at the time of purchase.

42. By accepting and agreeing to the terms of this Agreement, registering on the website, and using the Service's address for purchasing and shipping goods, the Customer confirms that:

43. The Customer agrees to adhere to an official or neutral communication style when communicating with Support. In case of the use of obscene language or derogatory tone towards representatives/operators, the Service reserves the right to terminate cooperation.

44. In cases of disputes between the Service, the Customer, and the Seller, disputes related to the return of goods, or other unforeseen circumstances, the Customer must provide written instructions to the Service regarding the further movement of the goods.

Polar Express, LLC