A. By submitting an order request and accepting a Service Quote by paying the applicable amount to BorderlesShopping, you (the Customer) enter into an agreement on the terms of this document and the applicable Engagement Confirmation.
B. Pursuant to that agreement, BorderlesShopping agrees to provide Services to the Customer in consideration for the payment of the Service Fee.
In this agreement:
Amendment Notice has the meaning given in clause 4.2(a).
BorderlesShopping means BorderlesShopping, a service provider facilitating purchases from Australian stores and shipping to Bangladesh.
Business Day means a day on which the banks are open for business in Bangladesh excluding a Saturday, Sunday or a public holiday.
Cancellation Notice has the meaning given in clause 4.1(a).
Charges means those amounts specified for payment in a Service Quote, other than amounts referable to the Service Fee, including, for the avoidance of doubt, amounts for the purchase of the Good.
Claim means any claim, notice, demand, action, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise.
Confirmation Notice has the meaning given in clause 3(b).
Consequential Loss means any loss of use, loss of goodwill, loss of production, loss of profit or revenue, loss of business opportunity or reputation, loss of data, loss of contract or anticipated saving, any financing costs or increase in operating costs, loss or damage due to business interruption or any other economic, special, indirect or consequential loss, punitive or exemplary damage, howsoever incurred in relation to this agreement (including through negligence) and regardless of whether the loss or damage was reasonably foreseeable.
Customer means a customer that engages BorderlesShopping to provide Services under this agreement.
Engagement Confirmation means a confirmation by the Customer of engagement of BorderlesShopping in respect of specific Services as evidenced by both:
and constituting an acceptance by the Customer of the offer constituted by the Service Quote. For the avoidance of doubt, the Customer may engage BorderlesShopping in respect of some and not all of the Services set out in a Service Quote by paying only that portion of the Service Fee and Charges that is referable to those Services.
Force Majeure means an act of god, lock out or other interference with work, war declared or undeclared, blockage, disturbance, lightning, fire, drought, earthquake, storm, flood, explosion, government or quasi-government restraint, exploration, prohibition, intervention, direction, embargo, unavailability or delay in availability of equipment or transport, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations, strike or other industrial action or any other cause whether of the kind specifically set out above or otherwise which is not reasonably within the control of the person relying on the force majeure.
Good means the good or goods that is, as set out in the Service Quote, in the case of a Purchasing Service, to be purchased by BorderlesShopping on behalf of the Customer or, in the case of a Return Service, is to be returned or sent for repair by BorderlesShopping on behalf of the Customer.
Governmental Agency means any governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world.
Law includes any law, regulation, ordinance, authorisation, ruling, judgement and any other order or decree of any Governmental Agency in any jurisdiction.
Liabilities includes liabilities (whether actual, contingent or prospective), losses, damages, actions, costs, expenses, charges, fees (including legal costs on a full indemnity basis) and outgoings of whatever description.
New Service Quote has the meaning given in clause 4.2(b)(ii)(B).
Non-Completion Notice has the meaning given in clause 5.1.
Personnel means the directors, officers, employees, contractors and agents of BorderlesShopping from time to time.
Purchasing Service means the service under which BorderlesShopping:
Rejection Notice has the meaning given in clause 4.3(a).
Return Service means the service under which BorderlesShopping attends to the return or repair of the Good on behalf of the Customer.
Service Fee means the fee payable in respect of the Services, as set out in the Service Quote. For the avoidance of doubt, the fee in respect of a Purchasing Service will be a fee payable for the performance of shipping and handling services.
Service Quote means a written quotation given by BorderlesShopping to the Customer which:
Services means the services to be provided by BorderlesShopping to the Customer in accordance with the terms of this agreement, being:
Store Invoice means an invoice issued by an Australian store or merchant to BorderlesShopping or one or more of its affiliates in respect of a Good purchased under a Purchasing Service.
In this agreement, unless the context otherwise requires:
Where BorderlesShopping provides a Service Quote to the Customer, the Service Quote will:
The Customer may accept a Service Quote by paying the Service Fee and Charges specified in the Service Quote. Payment of the Service Fee and Charges constitutes acceptance of the Service Quote and creates an Engagement Confirmation.
Following receipt of payment of the Service Fee and Charges, BorderlesShopping will provide a Confirmation Notice to the Customer confirming the Engagement Confirmation. The Confirmation Notice will include order tracking information and estimated delivery timelines.
Where the Customer engages BorderlesShopping to provide a Purchasing Service, BorderlesShopping will:
Where the Customer engages BorderlesShopping to provide a Return Service, BorderlesShopping will arrange for the return or repair of the Good in accordance with the Australian store's return policy and the Customer's instructions.
BorderlesShopping will use reasonable efforts to deliver the Good to the Customer within the estimated delivery timeframes provided in the Service Quote. However, delivery times are estimates only and BorderlesShopping does not guarantee delivery by a specific date.
The Customer is responsible for all customs duties, taxes, and fees imposed by the Government of Bangladesh or any other authority in respect of the Good. BorderlesShopping will provide estimates of such costs where possible, but the Customer acknowledges that actual costs may vary.
(a) The Customer may cancel an Engagement Confirmation by providing a Cancellation Notice to BorderlesShopping at any time before BorderlesShopping places the order with the Australian store.
(b) If the Customer provides a Cancellation Notice before BorderlesShopping has placed the order:
(c) If the Customer provides a Cancellation Notice after BorderlesShopping has placed the order with the Australian store, the Customer will be subject to the store's cancellation and return policies, and BorderlesShopping will not be liable for any costs, fees, or charges incurred as a result of the cancellation.
(a) The Customer may request an amendment to an Engagement Confirmation by providing an Amendment Notice to BorderlesShopping.
(b) BorderlesShopping will:
(a) BorderlesShopping may reject a Service Quote by providing a Rejection Notice to the Customer at any time before an Engagement Confirmation is created.
(b) If BorderlesShopping provides a Rejection Notice, it will refund any amounts already paid by the Customer in respect of that Service Quote within 10 Business Days.
The Customer must pay the Service Fee and Charges in full before BorderlesShopping will commence providing the Services. Payment must be made using one of the payment methods specified by BorderlesShopping.
All Service Quotes and payments will be in Bangladeshi Taka (BDT) unless otherwise specified. Where prices are quoted in Australian Dollars (AUD) or other currencies, the Customer acknowledges that the final amount in BDT may vary based on exchange rates at the time of payment.
BorderlesShopping accepts payment by:
If payment fails or is declined, the Customer's order will not be processed until payment is successfully received. BorderlesShopping will notify the Customer of any payment issues and provide instructions for resolving them.
Risk in the Good passes to the Customer when the Good is delivered to the delivery address specified by the Customer or collected by the Customer or the Customer's nominated representative.
Title in the Good passes to the Customer when BorderlesShopping receives full payment of the Service Fee and Charges and purchases the Good from the Australian store.
If the Good is lost or damaged in transit after it has been dispatched by BorderlesShopping:
BorderlesShopping:
The Customer warrants to BorderlesShopping that:
(a) To the maximum extent permitted by law, BorderlesShopping's liability to the Customer is limited to:
whichever is less.
(b) BorderlesShopping will not be liable for any Consequential Loss.
(c) BorderlesShopping's liability is reduced proportionally to the extent that any act or omission of the Customer caused or contributed to the loss or damage.
This agreement terminates:
Termination of this agreement does not affect any accrued rights or remedies of either party (if any).
(a) Subject to clause 9(b), where Force Majeure prevents or delays either party from performing any obligation under this agreement, that obligation is suspended as long as the Force Majeure subsists.
(b) A party's failure to observe or comply with the terms of this agreement will not give rise to any Liability to the other party to the extent that the failure to observe or comply with those terms is attributable to Force Majeure.
(c) If any Force Majeure continues for a period of three months or more, either party may terminate this agreement immediately by giving written notice to the other party (without affecting the accrued rights and obligations of the parties).
A notice, demand, consent, approval, invoice or communication under this agreement (Notice) must be sent by email to the recipient's email address or through the BorderlesShopping website or customer portal.
A Notice given in accordance with clause 10.1 takes effect when received by the recipient. If delivery, receipt or transmission is not on a Business Day or is after 5:00pm on a Business Day, the Notice is taken to be received at 9:00am on the next Business Day.
A party may only assign this agreement, or a right under this agreement, with the prior written consent of the other party.
This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements, deeds or understandings between the parties in connection with its subject matter.
A term or part of a term of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining terms or parts of the term of this agreement continue in full force.
The parties agree and acknowledge that BorderlesShopping provides the Services as an independent contractor. Except where this agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties to this agreement.
This agreement is governed by, and to be interpreted in accordance with, the laws of Bangladesh, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Bangladesh.
If you have any questions about these Terms and Conditions, please contact us:
Email: info@borderlessgroup.com.au
Phone: +61451807841