Warehousing & Accomplishment Terms of Service
The following terms and conditions (the “Warehousing Agreement”) control completely use of the warehousing and Accomplishment service (the “Warehousing Services”) accessible on or at the almirio.com website (the “Site”).
The Warehousing Services are owned and managed by santal.at s.r.o. (“Almirio” or “our”). The Warehousing Service is offered subject to your (the “User” or “you”) acceptance without adjustment of all of the terms and conditions contained here and all other functioning rules, policies and procedures that may be published from time to time on the Site by Almirio – without limitation, Shipping, Terms of Service, Pricing, Privacy Policy Return Policy and others – each of which is included into this Warehousing Agreement by reference and can be found on: https://www.almirio.com/policies. If you do not agree to this Warehousing Agreement, do not use the Warehousing Services.
By providing the Warehousing Services, Almirio receives and stores inventory on the User’s behalf. Almirio receives and processes Customer exchanges and returns. Almirio will make the inventory (“Products”) for shipment straight to the User’s customers (“Customers”) upon instructions by the User.
1. Warehousing Services
Warehousing Services are services that let the User to store different products that comply with the below listed conditions and are owned by the User (“Products”) at Almirio’s warehouse, and Almirio will pack and ship them to the User’s customers when orders come in.
In order to be able to use the Warehousing Services the User has to receive Almirio’s prior approval of the Products the User wishes to store by submitting the Products for a review. Almirio will review whether every Product complies with the following criteria:
1. Is non-decaying Is not worth more than $750 a piece (or 700€);
2. Does not exceed dimensions of 15”x15”x10” inches (or 38x38x25 cm);
3. Is non-decaying;
4. Is in match with our allowed content guidelines and Terms of Service.
Almirio may in its discretion review whether the Product submitted for the review or later transported for warehousing complies with the aforementioned standards, including but not limited to remeasuring and rearranging the Product’s count, dimensions, price and/or match with Almirio’s policies and guidance applicable to the Warehousing Services. The User will be informed about the choice. Almirio reserves the right to either approve or reject the Products, as well as to modify the Product’s specification and/or fees applicable for warehousing the Product.
2. Product restrictions
The User is liable for observing laws, regulations and rules regarding Products and their distribution. The User is forbidden from delivering and selling the following Products:
1. ILLEGAL, DELIMITED OR PROHIBITED PRODUCTS (WHETHER IN THE USA OR ANYWHERE ELSE WHERE THE PRODUCT IS TO BE SENT), for instance, drugs, explosives, counterfeit products, hazardous materials, radioactive elements, contraband or illegal substances, etc;
2. animals, date and temperature sensitive products, perishable products, food and beverages;
3. drugs, poisonous, prescription medications, hormones, steroids, pesticides and herbicides toxic or infectious products and substances, medical specimens;
4. military equipment , fireworks, fuel, tear gas, ammunition, military and law enforcement equipment, guns and firearms;
5. products that break third party rights (for example rational property rights) or include and/or portray illegal, odious or immoral content or elements.
3. Warehouse Receipt
The User is required to keep the Warehouse Receipt in its possession and present such Warehouse Receipt to Almirio if the User needs to retrieve any of the warehoused Products from Almirio. On a User’s distribution to Almirio of Products to be warehoused, Almirio will issue the User an invoice and confirmation, which shall include the terms of a Warehouse Receipt.
4. Term of Warehousing
After the Product is accepted for the Warehousing Services User may store Products with Almirio for as long term as the User pays Almirio the applicable fees for the warehousing of the User’s Products (the “Warehousing Term”).
5. Duties and limits
The User is responsible for the manufacturing and delivery of Products to Almirio and all connected values. Almirio is responsible for protection of Products and damages or losses incurred while they are in Almirio’s control, however the responsibility of Almirio for loss of or damage to any User’s Products stored at Almirio’s facility is limited to the amount of the value of the Products as stated in the Warehousing Receipt.
Anyhow the above-mentioned, Almirio is not responsible and you release us from any liability for losses or damages caused by the shipping carrier or in the event of non-delivery due to improper address provided by the User or Customer. Almirio shall under no circumstances be held responsible for any special losses due to specific circumstances of the User and Customer, indirect or consequential losses or wasted expenditure or if the Product is returned to Almirio damaged due to the Customer’s or shipping carrier’s fault. The User will be informed about such returned and broken Products and they won’t be available for reselling or stocking, but they can still be used for charitable purposes.
Destruction of any part of this Agreement or other rules may result in the termination of the User’s Almirio account. Without limiting other remedies, we may limit, suspend or terminate the Warehousing Services and User accounts, prohibit access to our Site, abolish Products, and take technical and legal steps to keep Users off the Site if we think that they are creating possible legal liabilities, difficulties, or acting incompatibly with the letter and spirit of policies. We also reserve the right to stop unconfirmed accounts or accounts that have been inactive for extended time. It is your duty to comply with the terms of the Warehousing Agreement, provide us with right and accurate information about you and your Products and follow your use of the Warehousing Services and any changes or notifications made or published by and/or on behalf of Almirio on the Site or away from time to time.
6. Shipping and distribution of products
You are liable and shall cover all expenses (including but not limited to taxes, responsibilities and shipping costs) and clear customs if and as applicable to your Products and their distribution to the Customer.
Almirio delivers Products to Customers to most places in the world. There might be certain countries we cannot deliver to because of international legal restrictions or shipping carrier limits.
By using the Warehousing Services the User approves that some Products can be packaged and shipped separately and the User will cover all shipping costs related with the Products.
7. Payments and fees
Payment for the Warehousing Services is based on the fixed fee for warehousing, while the fee for storage is based on specifications (quantity, warehouse location, size of items stored,) of every User and his/her Products individually and can change if the specifications are changed. There is a minimum monthly storage fee set by Almirio that will be applied to any User using the Warehousing Service, regardless of the amount of Product you store with us. Depending on the location the User has selected for the Warehousing Services, all payments to Almirio shall be in either U.S. Euros or Dollars. Almirio at its own choice reserves the right to change the monthly minimum fees and the User will be informed about such changes.
Unless Almirio and the User agree then, Almirio should do the Warehousing Services when the User has accepted the payment request in his/her Almirio account, and the charge for the Warehousing Service has been successful. The User shall be liable for paying all sales taxes, GST, VAT and other taxes and duties associated with the Warehousing Services.
In case of non-payment Almirio at its own discretion can cancel the Warehousing Services according to the process set forth in the Warehousing Agreement and destroy and/or donate all User’s Products, including broken items and items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding Products that are damaged or donated.
8. Almirio’s Lien Against User’s Goods
Almirio shall have a lien on a User’s Products warehoused at Almirio’s capacity as security for the payment of charges owed to Almirio in relation to the Warehousing Services. If User owes charges to Almirio for Warehousing Services providing by Almirio to the User, Almirio shall have the right to sell any Products stored in Almirio’s ability in enforcement of its lien, in accordance with valid laws.
9. Termination of Warehousing
Almirio shall have the right to terminate its responsibility to store the User’s goods at any time with or without a cause, and especially if the User is in default of its payment duties toward Almirio (“Default”) or violates any part of this Agreement or applicable law. In the occasion of a User’s Default, Almirio shall have the discretion to require payment of any outstanding charges owed to Almirio and issue the User a new Warehouse Receipt as a condition of continued warehousing of the User’s Products. Almirio may demand that the User removes the Products from Almirio’s facility within a stated period not less than 30 days after the providing of such notice to the User.
10. Abandonment of Warehoused Goods by User
The User storing Products at Almirio pursuant to a Warehousing Receipt shall have the responsibility to retrieve and remove the respective Products from Almirio’s facility at the end of the storage term. The User may, subject completely to the discretion and agreement of Almirio, request Almirio to dispose of remaining Products stored at Almirio’s facility which the User does not need to retrieve. On the receipt of a disposal wish by a User (which shall be deemed to be an abandonment of the Products by the User), Almirio may, at its discretion, damage or trash the respective Products, or, donate the respective Products to a charity or non-profit organization of its choice, or, sell the Products. Almirio shall have no dutie to sell the Products, but, in the event of any sale, Almirio shall have the right to retain the sale proceeds, with no obligation to transfer any of the sale proceeds to the User.
If a User leaves Products at Almirio’s facility without notice or otherwise providing any information to Almirio as to the handling of the Products, Almirio shall have the right to offer written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Almirio’s facility within 30 days after Almirio has sent the notice. Following the 30 day period, if the User has failed to retrieve its Products from Almirio’s facility, Almirio shall have the right to provide a second written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Almirio’s facility within 15 days after Almirio has sent the second notice. If the respective User fails to retrieve its Products from Almirio’s facility by the end of the 15 day period pursuant to such second notice, then the respective User’s Products stored at Almirio’s facility shall be deemed to be abandoned, in which case Almirio shall have the right to handle the abandoned Products as described herein.
11. Law and jurisdiction
If a dispute increases between you and Almirio, we intensely encourage you to first contact us directly to seek a resolution. We will consider rational requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration or mediation, as alternatives to litigation.
Any dispute or claim arising out of or in connection with Services or subject matter or formation (including non-contractual disputes or claims) must be resolved by a court sited in the State of North Carolina, USA.
12. Indemnity
You will indemnify and hold Almirio (and its directors, officers, joint ventures, agents, subsidiaries, and employees) harmless from any privilege or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your destruction of any law or the rights of a third party.
13. General
No agency, joint venture, partnership, employee-employer, franchiser-franchisee relationship, and so on is intended or made by this Agreement. You agree that you have all the necessary permits to grant us with Customers’ personal information to fulfill this Agreement. In our discretion, we may assign this Agreement upon notice to you. If any provision of this Agreement is held to be invalid or null, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. We do not guarantee that we will take act against all breaks of this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
