User-Specific Guidelines

By signing up to MyXBorder (hereinafter “MyXBorder.com” or the “Website”), customer accepts the terms (hereinafter “Terms” or “Agreement”) as set forth in the following Terms and Conditions. MyXBorder.com’s services are to be used for international customers (outside of the India) purchasing products (hereinafter “Items” or “Merchandise”) through sellers or merchants in India. The Customer authorizes MyXBorder.com to charge customer’s payment method for any future services according to MyXBorder.com’s current pricing schedule.

MyXBorder.com reserves the right, at its sole discretion, to change, modify, or otherwise alter any terms and conditions. The Customer is responsible to review MyXBorder.com’s Terms and Conditions periodically as continued use of MyXBorder.com’s services will constitute acceptance of any revised terms and conditions. If there is any disagreement with modifications to the following Terms and Conditions, the customer’s only recourse is to cease the use of MyXBorder.com’s services.

Customer agrees that MyXBorder.com has the right to use, reproduce, copy, modify, publish, distribute, perform and display any information that the customer uploads (in whole or part) on a public basis; provided that such use is in accordance with the terms of MyXBorder.com’s Privacy Policy. Customers must acknowledge that they will serve as the Importer of Record into the destination country for all transactions conducted using the services of MyXBorder.com.

Service Terms

When signing up for MyXBorder.com, the customer will be provided with a unique ID number that will be used to identify packages upon arrival to MyXBorder.com’s facility. This ID must be included along with other key pieces of information when purchasing products with other online merchants. Customers should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the customer’s unique ID number. If any of this information is neglected then MyXBorder.com reserves the right to charge the customer for extra handling, in accordance with MyXBorder.com’s current schedule of fees. MyXBorder.com also reserves the right to return item(s) to shipper or dispose item(s) in this case.

MyXBorder.com will act as an agent of the customer for export purposes by receiving & handling the customer’s products, which will be sorted, consolidated (if requested), re-packed (if requested), stored and exported. MyXBorder.com will arrange for export to customer’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. MyXBorder.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Customer). MyXBorder.com representatives will open all packages upon arrival at MyXBorder.com’s facility. As a customer, MyXBorder.com will be granted a written authorization to act as customer’s agent. MyXBorder will provide any of the following services to customers: preparation of shipping documents, preparation of any ‘Certificates of Origin’, preparation of an EEI via AES and preparation of an airway bill or other documents required for exporting item(s) to customer. The customer acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by Singapore laws and regulations.

Customer will be held responsible for providing correct product category, product description, number of units and total invoice amount of the exported products. If needed, the customer is obligated to send MyXBorder.com a commercial invoice for custom clearance purposes. The customer will be held responsible for all import obligations in the country to which all packages will be sent. If the customer provides MyXBorder.com with incorrect local address, then he/she may face additional re-routing charges. MyXBorder.com reserves the right to charge customer’s payment method or dispose shipped item(s) if the customer refuses to pay customs fees or is unresponsive for more than 7 days after item(s) arrive in local country and after attempting to reach the customer by e-mail or phone number provided by him/her. If the price paid for item(s) is not listed on the invoice provided by the merchant, or if no invoice is available, the customer is responsible for providing MyXBorder.com with the true and accurate price that the customer had paid for the item(s), if the customer purchased it. The customer is subject to civil and criminal penalties for making false or fraudulent statements to the Singapore Government or for the violation of any Singapore laws or regulations on exportation.

Shipping costs are based on the weight and dimensions of customer’s shipments. These costs will be charged according to the actual weight or dimensional weight (whichever is greater). Dimensional weight will be calculated according to unaffiliated freight forwarder’s terms. MyXBorder.com will allow customers to store their item(s) for up to 7 days at no charge. After 7 days, Customer agrees to pay storage fees per box per day. If Customer neglects, refuses or is unresponsive with regards to the payment of storage fees, then MyXBorder.com reserves the right to dispose item(s) or donate to charity. Items that are prohibited or restricted are not storable and will be rejected, forfeited, disposed, destroyed or provided to government officials. Customer will forfeit the title to any item(s) that cannot be exported after arrival to MyXBorder.com’s facility. The customer agrees and acknowledges that he/she shall purchase any and all item(s) from Merchant in a manner that (1) transfers title to the customer prior to the time that the item(s) is received at MyXBorder.com´s facility and (2) in accordance with risk of loss terms that provide either that the buyer or the customer bears the full cost and risk of moving the goods from the buyer’s location to the MyXBorder.com´s facility.

MyXBorder.com will not be held accountable if item(s) are stolen or taken from the customer’s doorstep by someone other than the customer or affiliated persons. MyXBorder.com will not be held responsible if local courier drops off item(s) at wrong address..

The Customer is solely responsible for complying with any terms and conditions of the sale that may be imposed by the merchant of the item(s). The Customer acknowledges that MyXBorder.com is not responsible for any action taken by the merchant with respect to the Customer’s order as a result of the merchant’s terms and conditions of sale. The Customer is responsible for informing the merchant that any item(s) purchased and sent to MyXBorder.com’s facility ultimately will be exported out of India. It is ultimately the responsibility of the customer to ensure that the merchant provides the export classification of the item(s) and determines if any export licenses are required for the item(s). The Customer must ensure that item(s) requiring an export license are not to be shipped to MyXBorder.com by the merchant.

MyXBorder.com works diligently to prevent credit card fraud and provide security measures. If a customer engages in such activity, MyXBorder.com will cancel the customer’s account and return any outstanding item(s) to merchant. MyXBorder reserves the right to ask customers for any required documentation to ensure against fraud, such as copies of identification and credit cards. There may be civil or criminal penalties imposed against the customer by the Singapore Government for providing false or fraudulent statements with respect to any information.

Prohibited and Restricted Items & End Users

The following list is a non-exclusive sampling description list for items that are restricted, cannot be exported or may require an import license, additional documentation and/or cause problems and delays during the customs review of Customer’s shipment:

1. Acidic
2. Caustic
3. Combustible Communicable
4. Compressed Gas
5. Corrosive
6. Explosive
7. Flammable
8. Infectious
9. Inflammable
10. Poison
11. Radioactive
12. Refrigerated
13. Toxic
14. Volatile

Additional information on prohibited and restricted items can be retrieved by customs in local country and by Singapore Government. The customer is responsible for confirming that prohibited and restricted items are not sent to MyXBorder.com’s facility. Customers will be held responsible for any software and/or data residing on used electronic equipment and must comply with import and export laws and government regulations in Singapore. MyXBorder.com will not be responsible for the loss of any software and/or data.

B. Export and Import Law Compliance

Customers are responsible for and warrant compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the customer’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the Singapore Department of Commerce, Singapore Department of State, Singapore Customs and Border Protection, Singapore Department of Treasury, and any and all import obligations or license requirements of the destination country. Customers represent and warrant that (a) the recipient of any item(s) exported by MyXBorder.com is the end user of any and all item(s) that the customer has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the customer is reselling the item(s), the customer can identify the end users and provide MyXBorder.com with any requested information on such end users, (b) any item(s) that the customer requests be exported by MyXBorder.com will be used in the country to which the customer requests shipment, and (c) the customer will not re-export the item(s) to a different destination.

Customers represent and warrant that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in Singapore and in the jurisdictions in which the Customer resides, operates, or will receive shipments, including but not limited to the laws of the Singapore governing embargoes, sanctions, and boycotts, the Arms Export Controls Act and Law, the Foreign Trade Regulations and all rules, regulations and executive orders relating to any of the foregoing.

Resellers must represent and warrant that the items they purchase for resale will be sold or distributed by their organization and that with respect to such items they will comply with the applicable laws governing the export, import, and provision of goods and services in Singapore and in the jurisdictions in which the end user of customer’s products resides, operates, or will receive shipments, including but not limited to the laws of Singapore governing embargoes, sanctions, and boycotts, the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by Singapore Department of the Treasury, the Laws administered by Singapore Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Singapore Government.

Resellers shall not use, transfer, re-export, resell, or otherwise dispose of any item(s) exported using the services of MyXBorder.com to any destination, end-user, or for any end-use prohibited by the laws of the Government of Singapore. Resellers must also recognize that item(s) exported using the services of MyXBorder.com from Singapore are subject to the controls of the Export Administration Regulations of Government of Singapore.

The goods will be imported on behalf of the consignee/buyer. The consignee authorizes MyXBorder.com to import the goods on his behalf. Further, the consignee/buyer agrees that MyXBorder.com may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customer broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.

Indemnification

Any use in contravention of this provision or any provision of this Agreement is at Customer’s own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

The Customer agrees that he/she will remain liable for and indemnify, defend, and hold harmless MyXBorder.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:

• Any negligent action or omission of customer or any of the customer's employees, contractors, agents or any other person acting under customer's supervision or control prior to, as of, or following the date hereof;
• any inaccuracy or breach of any representation or warranty made by the customer in this Agreement or any other document or instrument executed or delivered by the customer in connection with this Agreement;
• any breach or non-performance of any covenant or agreement made by the company in this Agreement or any other document or instrument made by the customer in connection with this Agreement;
• MyXBorder.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from gross negligence or willful misconduct of MyXBorder.com;
• The customer providing to MyXBorder.com any incomplete or false information; and the customer's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.

The customer acknowledges that the foregoing provisions are a material inducement for MyXBorder.com to enter into this Agreement and the transactions contemplated hereby and shall survive termination of this Agreement.

Inflow Of Goods

The content of the parcel shipped to our designated address must not contain anything suspicious or prohibited or unlawful items as per Singapore law or any jurisdiction where the parcel will be shipped to from India. MyXBorder.com retains complete rights for opening the incoming deliveries (parcels and items received on behalf of the customer), checking the items and re-packing the parcels or deciding the  line of action if the items are found to be under the prohibited category.

Any unlawful activity or request for usage of our services including but not limited to purchasing, storing, forwarding noticed by us will be reported to relevant legal authority at jurisdiction and/or such authority in country where such buyer or his order originated or transits through or shipped.  This referral is not limited to Police, Customs, or Central Narcotics Bureau, but can be any relevant governmental or government related authority/ agency in any country.

Such items may be withheld or handed over to the concerned authorities and customer’s full personal information and profile would also be shared to the concerned authorities when necessary. MyXBorder.com will not be liable for any such occurrences and there will be no refund or compensation even if payment has been successfully completed.

User Account

You (the customer), may need your own MyXBorder.com account to use certain services from us, and you may be required to be logged in to the account and have a valid payment method associated with the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our services only with involvement of a parent or guardian. MyXBorder.com reserves the right to refuse service, terminate the account, terminate your right to use MyXBorder.com services, remove or edit content, or cancel orders in its sole discretion.

Providing incorrect information such as name, address, contact number or falsifying such information, misusing information or identity of other natural or legal person is strictly prohibited. On any suspicion of suspected misleading information or transactions, we may cancel or suspend your account without any notice and may also report to necessary legal authority or seller. In such cases, we reserve the right to refund any payments that is made. MyXBorder.com at any point has the right to reject any incoming package and will not be liable for any charges incurred by seller of the product nor buyer. Full liability for purchase is with actual buyer.

Refund and Cancellation Policy

MyXBorder.com may be able to arrange Shipment Protection Insurance covering the value in respect of loss of or damage to the Shipment, provided that the customer pays the applicable premium. Shipment protection insurance does not cover indirect loss or damage, or loss or damage caused by delays.

The Shipment Insurance can provide coverage for international shipments from the time they are loaded onto or off an international flight in Iraq or Afghanistan. However, domestic or inland transit coverage within Iraq and/or Afghanistan is not automatically covered, but may be obtained on a case by case basis.

MyXBorder.com will make every reasonable effort to deliver the Shipment according to MyXBorder.com regular delivery schedules, but these schedules are not binding and do not form part of the contract. MyXBorder.com is not liable for any damages or loss caused by delay.

Return Service

MyXBorder.com can facilitate returns on behalf of its customers. MyXBorder.com will only be a facilitator of returns on behalf of its customers and does not control Seller’s return policy terms and refunds. 

MyXBorder.com can help with facilitation of returns only for goods that have not been shipped to the customer international address. If the customer wishes to return the product after it is delivered to his international address, the customer will have to send the product back to MyXBorder.com warehouse at customer’s expense. MyXBorder.com can further help return the item only if a return is supported by the seller.

Seller Return Policy

When you request return service from MyXBorder.com for an order from seller, MyXBorder.com provides you the service to ship the item back to the original seller. While most sellers offer a return policy, some sellers may not accept returns. Customers should review the return policy of the Seller before a request is made to MyXBorder.com to purchase the item by viewing the Returns and Refunds Policy section of the Seller’s website.

Some Sellers may charge an additional cost when returning items such as shipping and handling fees. This cost is the responsibility of the Customer.

Refund(S)

There are two ways in which MyXBorder.com Customer can choose to transact in case of refunds from Sellers –

• MyXBorder.com holds the refund amount for Customer at customer myxborder.com dashboard Wallet and customer can be use it towards any future shipping costs fees. This will help minimize foreign transaction fees (based on payment method) and exchange rate fee for the Customer.
• MyXBorder.com can provide a refund to the Customer after applying currency exchange rate and fees and deducting transaction fees (based on payment method)

The following costs cannot be refunded:

• Currency conversion fees charged by online payment systems such as PayPal, Wise etc. or your credit card issuer.
• Credit card / payment system transaction fees.
• Floating exchange rates.

Items that cannot be returned after purchase

In situations where items are not returnable (either due to elapsed return due dates, Seller not agreeing to take returns or any other reason), MyXBorder.com can assist its customer with following options –

1. MyXBorder.com can ship the items to local India address that the customer provides at additional cost to the customer
2. MyXBorder.com can help with donating the items
3. MyXBorder.com can help with discarding the items with written permission from customer

MyXBorder.com will not be able to provide refunds on behalf of the Sellers. If Seller does not accept return, the Customer will have the above 3 options and no refund money is to be expected from MyXBorder.com

Cancellations

If Customer likes to request cancellation of an order, the process of returns and refunds vary based on the Seller cancellation policy. 

Order cancellation request made after payment to MyXBorder.com is complete but before order is shipped: in this case, the payment will be refunded to the Customer minus the following costs –

• Currency conversion fees charged by online payment systems such as PayPal, Wise etc. or your credit card issuer.
• Credit card / payment system transaction fees.
• Floating exchange rates.

Order cancellation request in Assisted Shop and Ship made after payment to MyXBorder.com is complete and order is placed with Seller(s) –

1. Seller accepts the cancellation request

In this case, upon cancellation confirmation from Seller, the payment will be refunded to the Customer minus the following costs –

• Currency conversion fees charged by online payment systems such as PayPal, Wise etc. or your credit card issuer.
• Credit card / payment system transaction fees.
• Floating exchange rates.

2. Seller does not accept the cancellation request: In this case, MyXBorder.com cannot provide in refund.

Conflicts Of Law

This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of Singapore and by the applicable regulations of any agency of Singapore, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Singapore. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of Singapore court ( Singapore) and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.