Seller Union – NoReturnlessRefunds – Terms & Conditions Agreement
These Terms & Conditions form part of the agreement and contract between us, known as Seller Union trading as NoReturnlessRefunds, a US registered business, and you, our customer.
Please note that any reference to the word 'our' in this agreement refers to our agents or partners.
By accessing our website and entering into an agreement with us, you agree to be bound by the Terms & Conditions set out in this document.
1. Definitions and Interpretation
1.1. In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement" means the agreement entered into by NoReturnlessRefunds and the Client incorporating these Terms & Conditions (or variations thereof agreed upon by both Parties) which shall govern provision of the Services.
“Client” means the party procuring the Services from NoReturnlessRefunds who shall be identified in the Agreement.
“Fees” means any and all sums due under the Agreement from the Client to NoReturnlessRefunds, as specified in the Agreement.
“Services” means the services to be provided by NoReturnlessRefunds irrespective of the service offered by NoReturnlessRefunds to the Client.
1.2. Unless the context otherwise requires, each reference in these Terms & Conditions to;
1.2.1. “Writing”, and any cognate expression, includes reference to any communication effected by electronic or facsimile transmission or similar means.
1.2.2. “These Terms & Conditions” is a reference to these Terms & Conditions as amended or supplemented at the relevant time.
1.2.3 “Party” or “Parties” refer to the Parties to the Agreement.
1.3. The headings used in these Terms & Conditions are for convenience only and shall have no effect upon the interpretation of these Terms & Conditions.
1.4. Words imparting the singular number shall include the plural and vice versa.
1.5. References to a gender shall include the other gender. 1.6. References to persons shall include corporations.
2. Provision of the Services
2.1. With effect from the commencement date, NoReturnlessRefunds shall, throughout the Term of the Agreement, provide the services to the Client.
2.2. NoReturnlessRefunds shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the Logistics sector including but not exclusively Storage, Returns Distribution, Freight and Fulfilment business.
2.3. NoReturnlessRefunds shall act in accordance with all reasonable instructions given to it by the Client, provided such instructions are compatible with the specification of Services in the Agreement.
2.4. NoReturnlessRefunds shall be responsible for ensuring that it complies with all statutes, regulations, bye-laws, standards, codes of conduct and any other rules relevant to the provision of the Services;
2.5. NoReturnlessRefunds may, in relation to certain specified matters related to the Services, act on the Client’s behalf. Such matters shall not be set out in the Agreement but shall be agreed between the Parties as they arise from time to time;
2.6. NoReturnlessRefunds shall use all reasonable endeavours to accommodate any reasonable changes to the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
3. Clients' Obligations
3.1. The Client shall use all reasonable endeavours to provide all pertinent information to NoReturnlessRefunds that is necessary for NoReturnlessRefunds’s provision of the Services.
3.2. The Client may, from time to time, issue reasonable instructions to NoReturnlessRefunds in relation to NoReturnlessRefunds’s provision of the Services. Any such instruction should be compatible with the specification of the Services provided in the Agreement.
3.3. In the event that NoReturnlessRefunds requires the decision, approval, consent or any other communication from the client in order to continue with the provision of the Service or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner.
3.4. If any consent, licences or other permissions are needed from any third parties acting on the Client’s behalf, it shall be the Client’s responsibility to obtain these in advance of the provision of the Services or the relevant part thereof.
3.5. Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of Clause 3 of the Agreement shall not be the responsibility or fault of NoReturnlessRefunds
5. Limitations on Items
Size & Weight limitations:
- Items with a length greater than 40cm will not be accepted.
- Maximum weight for our customer returns service is 0.5kg.
- We reserve the right to arrange disposal / donation of items exceeding the above mentioned limitations.
- Any or all items listed as prohibited items within the postal and courier regulations will not be accepted or processed.
- Any items that have been wrongfully declared for shipping will not be processed until corrected, upon which an additional processing fee will be applied.
Seller Union / NoReturnlessRefunds or its appointed partners do not insure any items from the time they arrive at our / our partners' premises to the time they are dispatched or disposed of.
Insurance during transit/shipping to or from us is not included.
This can be added with the courier at time of selecting courier or shipping service upon your instruction.
7. Return Shipments to you
A minimum once a year, we will do a warehouse cleanup. Return items will be consolidated and you will be contacted, informed about quantities and shipping cost estimates.
If you decide to have your returned items shipped to you, after selecting a shipping method and agreeing to shipping charges, your return items will be packaged and the selected courier service will be arranged.
A handling fee will be levied against your account as per the pricing per box or per pallet in addition to the cost of shipping.
Should additional insurance cover or specialty services be required for your return shipment, this must be communicated to us in advance. Any and all additional costs for this service will be added to your invoice.
Shipments will be shipped on a pallet full or box full basis, or via an agreed shipping schedule.
If you decide not to have your items shipped to you following a cleanup, we reserve the right to arrange donations / disposal.
8. Invoicing & Payment
8.1.1 There is a £199 per year charge to use our services, which is paid by a credit / debit card, at the time of each customer’s registration.
8.1.2 New invoices covering a period following expiration of the subscription timeframe will be generated 30 days prior to the expiration of services.
8.2.1 Invoices for consolidated shipments will be raised as soon as each shipment is packaged and ready for dispatch by carrier.
Invoices will include details of the account to which payments are to be made. Payment of any invoices must be made by the due date shown on the invoice.
Failure to pay within the terms stated can result in disruption to your account and suspension of services with us.
We reserve the right to;
- Suspend return processing activities and suspend any shipments, for any accounts that do not comply with our terms stated on the invoice.
- Invoice and get payment in advance for certain customers or services.
- Charge interest at 2% above UK base rate for any invoices where payment terms are exceeded by more than 30 days past due date.
8.2.2 Payment methods for consolidated shipments are determined by your location. For EU & UK accounts we require a bank account transfer.
Non-EU customers can pay by either bank transfer, Paypal or Payoneer. Some methods will incur payment charges to cover excess fees incurred.
9. Review of Pricing & Terms & Conditions
We reserve the right to review agreements and/or pricing at our discretion at any time. Any changes in pricing or Terms & Conditions will be communicated via email and via our website giving 30 days’ notice of any changes.
Where possible pricing is reviewed and implemented from January 1st each year.
10. Contract Term, Notice & Termination
This is a rolling agreement. Either party can terminate the agreement at any time by giving 30 days written notice (via email).
Before the end of the cancellation period the customer must remove the returns addresses from their sales channels.
We reserve the right to cancel the agreement at any stage, should there be a breach of contract, or any fraudulent activity is detected or reported.
When the Client gives notice that it wishes to cease to utilise NoReturnlessRefunds’s Storage Services, the client shall pay NoReturnlessRefunds, in respect of any storage Services provided during the notice period.
11. Repatriation of Goods to You
Seller Union / NoReturnlessRefunds or its partners or agents cannot be held responsible for any taxes, duties, charges or delays caused resulting from actions by customs agents, shipping companies or government organizations.
It is your/the customer’s responsibility to ensure all the correct information is provided for shipment of your items to your chosen country.
12. Advice & Information Limitations
Any information or guidance provided is purely advisory and does not form part of our agreement. We are more than willing to offer guidance and advice to sellers on many aspects. We can also put you into contact with a number of recommended partners who specialise in specific areas relevant to your business.
It is the Seller's responsibility to ensure that they are complying with all relevant laws, conditions, policies and other factors to operate in the regions or marketplaces chosen.
13. Returns arriving at our locations with unpaid postage
Please ensure your instructions to your customers state they must not send items with unpaid postage to our addresses.
It is important to remember we will never accept a package unpaid for via a courier or postal service expecting payment on delivery at the destination. In such cases the courier will return the package to the customer at the customer’s expense.
14. Shipping Notes, Terms & Conditions
14.1 Shipping charges are subject to change at any time without notice.
15. Boxes & Packaging Used
15.1 We will always strive to use the lightest and safest packaging available to ensure safe receipt of returned items.
15.2 We may use recycled or used boxes to reduce waste, costs and for environmental reasons.
16. 3rd Party Courier Collections
3rd Party courier collections will not be facilitated from our hubs.
These collections will only be allowed in extreme circumstances and upon the discretion of management.
17. Customs Clearance Information, Taxes & Duties
17.1 Seller Union / NoReturnlessRefunds or its partners or agents cannot be held responsible for any taxes, duties, charges or delays caused by or a result of actions by customs agents, shipping companies or government organisations. It is your/the customer’s responsibility to ensure all the correct information is provided for shipment of your items to your chosen country.
18. Compensation for Lost or Damaged Items
Seller Union / NoReturnlessRefunds will not under any circumstances be responsible for any direct or indirect/ consequential or special losses, damages or expenses claims. Including but not exclusive to loss of future profits, customs charges, import taxes and duties which do not arise naturally as a result of our negligence, breach of duty or other wrongful act or omission.
19. Force Majeure
19.1 No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
20. Monitoring and Evidence of Returned Items
Seller Union / NoReturnlessRefunds will not under any circumstances be responsible for providing monitoring and evidencing of returned items to subscribed customers.
A yearly warehouse cleanup will be made minimum once a year, when all returned items will be counted and assigned to customers.
21. Additional Claims
In the event that a consolidated return shipment is:
21.1 Lost In Transit - A claim will be lodged against the courier according to their claim timescales or within 30 to 60 days of the notice received by the claiming party. A cost / purchase invoice (the manufactured cost of the item) is to be submitted to support the claim. The claim amount will be applied as a credit to your account after 60 days from the reported claim date.
21.2 Incorrect Address and Undeliverable Shipments - Should a shipment be incorrectly delivered due to an incorrect address supplied by you or returned to us as an undeliverable shipment, any fees levied by the courier will be charged to you.
If you have any questions about this Agreement, please contact us filling this contact form.