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Terms of Services

All services provided by Boombinere LLC (“Boombinere”) are governed under these Terms and Conditions of Service and are subject to change at any time.

DEFINITION

As used herein, the following words shall have the following respective meanings

  • “You” or “your” means the person or entity using Boombinere’s services as described in these Terms and Conditions and on Boombinere’s website, boombinere.com, including any agents, employees or representatives thereof.
  • “Shipment” means one or more packages shipped from one point of origin at one time consigned for delivery to one destination.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The services offered by Boombinere LLC (“Boombinere”) at www.boombinere.com (“Boombinere.com” or “Site”), and any sub-domains, are provided to you under these Terms and Conditions of Service (“Terms of Service”), and any operating rules or policies that may be published by Boombinere at the URL: www.boombinere.com (the “Service”). These Terms of Service comprises the entire agreement between you and Boombinere, and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING Boombinere.com, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Boombinere.com as long as you adhere to these Terms of Service.

EXPORT COMPLIANCE

Boombinere and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

ACCEPTANCE

Boombinere will not accept “postage due” mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with Boombinere. At its sole discretion, Boombinere may refuse to accept “postage due” mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.

Customer further acknowledges that Boombinere may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with Boombinere or is addressed to a name that has not completed the requirements set forth by Boombinere to verify the identity of such name, or is shipped by USPS from the Vendor to a name for which Boombinere has not received a properly executed USPS Form 1583 and two forms of identification.

Boombinere is not liable for packages dropped off at our warehouse outside of business hours. If a courier delivers a package outside of our business hours and the package can not be located, or it has been stolen, Boombinere will not be held liable for any loss.

INSPECTION

Boombinere reserves the right to open and inspect all items delivered in your name without notice to you. Boombinere takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Federal Trade Statistics Regulations (FTSR). By using our service, you agree to abide by guidelines that deem certain goods unacceptable (and thus unshippable). Goods can be unshippable if: they are classified as hazardous, dangerous, prohibited, or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or any other relevant organization; or we can’t safely or legally ship them. If we receive products we can’t ship, we will reach out to you. We have the right to refuse any product we feel is unsuitable to ship, even if it is legal.

The following list is a non-exclusive sampling of items that are either restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:

  • Combustible/flammable items (paints, oils, lighters)
  • Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
  • Hazardous materials (matches, chemicals, explosives)
  • Firearms, weaponry and their parts: military, police and tactical equipment of any kind, includingguns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
  • Agricultural products such as tobacco, plants and seeds.
  • Coffee
  • Perishable foods
  • Animals and products made with animal skin (furs)
  • Alcohol
  • Cash, currency, money orders, cashiers’ checks, bank drafts, bearer bonds and collectible stampsand coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit
  • Lottery tickets and gambling devices
  • Prescription and/or veterinary medication
  • Pornography
  • Lock picking devices
  • Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official Government Issue.

A full list of prohibited items can be viewed HERE!

SHIPPING CONDITIONS

  • Upon completing registration, you will be assigned a shipping address including a unique customer suite number. You must use the full address, including your suite number, when ordering any items for delivery to our warehouse.
  • Our services and obligations begin when your item is physically delivered to our warehouse at the address specified on your account. We are not responsible for items not delivered to our warehouse for any reason.
  • Our services are limited to the storage, handling, and shipment of your items. All items are solely your property and the condition of such items is solely your responsibility. Any problems related to your items’ condition at the time of delivery to our warehouse are solely between you and the vendor of the items.
  • At your request, we can return items to the seller within the United States. However, you are responsible for all shipping costs associated with your return shipment.
  • We agree to provide reasonable measures to keep items secure at our warehouse, including 24-hour security monitoring and electrical fencing. After your items are checked in at our warehouse, they are insured for their full value. If items are lost or damaged while in our warehouse, you may file a claim for reimbursement. We may require proof of the item’s value.
  • Boombinere uses standard US units of measurement and weight.
  • We will prepare your items for shipment upon your request. Our standard packaging service includes a suitable shipping box, void fill as appropriate, and packing tape.
  • You can not cancel a shipment request after submitting it.
  • Boombinere may provide estimated delivery time frames for your convenience. These are general estimates based on average times and not guaranteed. Some shipments may be delivered outside of these estimates. Shipping speed is not guaranteed, and there is no compensation for shipping delays or delivery timing.
  • All payments must be made in US Dollars.
  • You must make payments using only payment methods owned by you. You may not make payments using accounts owned by others. We reserve the right to close your account or limit your account access until such discrepancy is corrected.

STORAGE

Boombinere can store each item free of charge for a period of 60 days from the date of delivery. The maximum free storage time for each package is 60 days since the date of its delivery to your suite. After 60 days of free storage, Boombinere  will charge you a fee of $0.50 per pound per day for an additional 30 days, which must be paid prior to shipping said item. After 90 days in storage, Boombinere reserves the right to sell, destroy or otherwise dispose of such items without incurring any liability from you or any other party whatsoever.

INSURANCE POLICY

All claims for lost or damaged items within your insured package must be reported to Boombinere at the time of pickup. Otherwise they will be automatically denied. Packages are insured by Boombinere’s private insurance. Insurance for packages lost in our U.S. warehouse or lost during the shipping covers only the value entered in the customs declaration. You have to be able to prove value entered by invoice or order. If you claim lower value in customs declaration that is what you get paid. You have to support insurance claims for lost or damaged items with a proof that those items were really received at our warehouse and were in good condition. The best way is to request pictures of your incoming items.

Insurance cost is 3% of the value of the item. For example, if you want to insure a package for $1000, the insurance cost will be $30. Claims will only be paid out for individual items that are damaged or missing and can take up to 21 days to investigate.. You must inspect packages within the confinements of Boombinere branches prior to signing the packing list for package acceptance. If any items that are insured are missing or damage, you must file a claim at that time of pickup.

You must sign the packing list at the time of pickup to accept your package. Once the packing list is signed by you, you shall defend, indemnify, and hold Boombinere and its employees and agents harmless from and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses related to your package.

 

DUTIES AND TAXES

Boombinere only collects duties and taxes on certain electronics upon shipping, but in the event your package requires substantial duties and taxes to be paid to the destination country, this will be on your responsibility. If Customer refuses to accept packages or parcels from Boombinere mailed or forwarded to Customer pursuant to this AGREEMENT, Boombinere may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by Boombinere in connection with such returns. Upon the request of Boombinere, the Customer must sign for or otherwise acknowledge its acceptance of all packages and parcels sent to Customer by Boombinere.

Boombinere includes basic order descriptions and values with the customer shipment(s), to facilitate custom clearance of packages when they arrive to the destination country. The customer is however responsible of paying all duties and taxes to his country and of providing detailed commercial invoices, if requested, to the customs office in his country, to clear his package(s) through customs for delivery.

DIMENSIONAL WEIGHT

Dimensional weight may apply on bulky, lightweight packages. If the dimensional weight exceeds the actual weight, then the dimensional weight will be used as the billable weight for the shipment. For your convenience, the actual weight, dimensional weight and dimensions for each box will be visible on your account when your package arrives at our warehouse. For more information about the dimensional weight, please visit http://en.wikipedia.org/wiki/Dimensional_weight

RETAILERS WHO DON’T SHIP TO FREIGHT FORWARDERS:

Unfortunately, some retailers choose not to ship to freight forwarders. Although nothing about our operation is illegal, it is their right to refuse sending their products. These retailers may include Best Buy, Apple, Sephora, Ulta, Adidas, Lego and others.

PACKAGE RETURNS

Boombinere provides a returns service in the event you would like to return an item in your inbox back to the seller or company for a refund. You can create a return request from your online account and the cost is $5 plus the cost of postage. Once a return package is picked up by a carrier (UPS, USPS, FEDEX, etc), Boombinere will not be responsible for packages that are damaged or lost in transit to the recipient of the package. In the event your return package is lost or damaged in transit, you can file a claim directly with the carrier (UPS, USPS, FEDEX, etc). Unfortunately we do not allow international returns unless you provide us with the shipping label and export documentations.

VERIFYING INFORMATION

In order to ensure your safety, you may need to verify your information. Information we may ask for includes legal documentation such as a driver’s license, passport, and/or other forms of identification.

LIABILITY

All Packages are shipped on a limited liability basis. In no event shall Boombinere be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind. In no event shall Boombinere be liable to anyone for any direct damages of any type or kind (including lost profits) from performance of the Boombinere Service.

The Shipping calculator shows results for the discounted shipping rates available to the selected destination. All shipping rates are shown in US dollars.
The discounted shipping rates displayed on Boombinere.com and on any of its pages, are confidential and intended solely for the addressee(s) and may be legally privileged or prohibited from disclosure. If you are not the named addressee, you are on notice of its status and may not use copy or disclose this information to any other person. To do so could be a breach of confidence and unlawful.

USER CONDUCT

Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations, and all regulations set forth by foreign jurisdictions through which you are shipping.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Boombinere reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Customer will enter a confidential password and receive a US address with his own unit number when registering for a new account with Boombinere. Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer’s account. Customer must immediately alert Boombinere of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.

For the protection of our customer’s accounts, we do not allow the change of the country on the forwarding address. The forwarding address can only be modified to another address within the same country that the customer selected during his registration on Boombinere.com, and must be requested by sending a message to our customer service from the same email address used at the registration on Boombinere. Forwarding to other Freight Forwarding companies inside or outside the United States is absolutely not permitted.

Most of the activity at the Site involves the viewing of materials, which are made accessible to everyone so there is no need for it to be secure. Other areas of the Site require the use of passwords, usernames and may have other security features. You are responsible to keep your usernames and passwords confidential. You should promptly notify Boombinere if you become aware of unauthorized use of your usernames or passwords or use of services or materials available from this Site. The use of your usernames or passwords by you, or by any person with or without your knowledge or consent, in connection with a Boombinere transaction, binds you legally and makes you responsible to the same extent and effect as if you had given signed, written instructions to us, unless you have previously notified us that the confidentiality of your usernames or passwords has been compromised.

  • Harm or threaten to harm Boombinere or users in any way, including by using information you find here to compete against Boombinere;
  •  Impersonate any person or entity (including Boombinere or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  •  Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other rights;
  •  Violate any law (whether local, state, national, or international), whether or not intentionally;
  •  Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
  •  Provide fraudulent, inaccurate, or incomplete information to Boombinere or any shipping service or government agency;
  •  Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  •  Collect or store personal data about other users;
  •  Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  •  or post or cause to be uploaded to Boombinere computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

FRAUD

If you are suspected of fraud – either by us, or an outside party – we reserve the right to protect ourselves from knowingly aiding fraudulent activity. If this happens, we may: hold any items in our warehouse until you can prove you purchased them legally; temporarily or permanently suspend your account; or perform any other action we deem necessary, with or without your permission. If we are notified that fraudulent activity has been detected in any fashion, we reserve the right to refuse shipment until such time the seller has verified the transaction or as we otherwise determine in our sole discretion. Please send any suspected fraud inquiries to info@boombinere.com with Attn: Fraud Alert in the subject line.

WEBSITE / APPLICATION ACCEPTANCE

This site and/or application is provided by Boombinere on an ‘as is’ and ‘as available’ basis. Boombinere makes no representations or warranties of any kind, express or implied, as to the operation of this site and/or application or the information, content, materials or products included on this site. You expressly agree that your use of this site and/or application is at your sole risk. To the full extent permissible by applicable law, Boombinere disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Boombinere does not warrant that this site, application, its servers or e-mail sent from Boombinere are free of viruses or other harmful components. Boombinere will not be liable for any damages of any kind arising from the use of this site and/or application, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. Certain state laws do no allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.

All contents included on the Boombinere web site, such as text, graphics, icons, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Boombinere or its content suppliers and protected by United States and International Copyright Laws. The compilation of all content on this site is the exclusive property of Boombinere and protected by US and International Copyright Laws. All software used on this site is the property of Boombinere or its software suppliers and protected by United States and International Copyright Laws. All right, title, and interest in the web site and services provided therein, including, but not limited to, all associated market data and information is owned by Boombinere, and you acquire no interest therein. All rights reserved. Any unauthorized use or any reproduction, modification, or distribution of materials is strictly prohibited. All other trademarks or trade dress not owned by Boombinere that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boombinere.

COOKIES

“Cookies” are pieces of information that a web site transfers to your computer’s hard disk so that your computer can be identified when you re-access the site. A cookie can only be read by the site that places it, so Boombinere cannot track information based on any other cookies in your browser. From time to time, we may use the cookie feature of web browser applications, which will allow us to store data about your visit. Cookies help us to provide you with a customized web experience and to learn which areas of our site are useful and which areas need improvement. We may also use cookies to provide you with shopping fulfillment services, including requests for price quotations, purchase instructions, purchase tracking, and the administration of special promotions. Internet Explorer uses a separate file for each cookie. Cookies are generally supported in version 3.0 and newer of Internet Explorer. Most browsers also allow the option of displaying a warning before accepting a cookie, or refusing all cookies. Declining cookies while using Boombinere shopping cart may result in some features not working properly.

PRIVACY POLICY

The Boombinere Privacy Policy governs the use of information collected from or provided by you at the Web Site. With respect to any individual whose personal information is provided by you to Boombinere, you represent to Boombinere that you have obtained all necessary consents for the processing of such personal information contemplated by the services you are using and by the Boombinere Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

LINKED SITES

The links to other websites will let you leave Boombinere site. The linked sites are not under the control of Boombinere and Boombinere is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Boombinere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any representation by Boombinere of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, bugs, problems or other limitations.

TERMS OF SERVICE MODIFICATIONS

Boombinere may modify any aspect of this agreement at any time at its sole discretion without prior notice. Any modification to the Terms and Conditions shall be effective immediately once posted on the web site. Check the web site regularly if you are interested in reviewing any changes. Your use of the web site and the Boombinere service after modifications have been posted constitutes your acknowledgment of such modifications and your agreement to be bound by the terms and conditions of these changes.

ACCOUNT CLOSURE

You may close your account with or without cause at any time. Boombinere may terminate your use of the Service with or without cause at any time and effective immediately, at Boombinere’s sole discretion, should your conduct fail to conform to the terms and conditions of these Terms of Service. Boombinere shall not be liable to you or any third party for termination of the Service or termination of your use of the Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Boombinere makes to the Terms of Service or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; and (2) notify Boombinere of your termination and, at your discretion, notify Boombinere of the reasons for your termination.

You agree that Boombinere, in its sole discretion, may terminate or suspend Your use of the Web Site, the Boombinere Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Web Site, and (b) destroy any copies you have made of any portion of the Content. Accessing the Web Site, the Boombinere Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Boombinere shall not be liable to you or any third party for any termination or suspension of your access to the Web Site, the Boombinere Systems, Information and/or the Services.

ACTS OF GOD, ETC

You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Boombinere, negatively reflect on the goodwill or reputation of Boombinere and shall take no actions which would cause Boombinere to be in violation of any laws, rulings or regulations applicable to Boombinere.

Boombinere shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. “Force Majeure” as used herein means acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of an governmental authority, or causes not within the reasonable control of Boombinere.

ASSIGNMENT/WAIVERS

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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