Terms and conditions - shopogolic.net
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Terms

Terms and Conditions

Introduction


Shopogolic.net (the Site) is operated by Shopogolic limited in the United Kingdom and Shopogolic Gmbh in Germany (we, us and our).
Shopogolic Limited is registered in England and Wales under company number 8385436, VAT number GB178621188
Our registered office is at Unit 2, Bermuda Road, Ipswich, IP3 9RU, United Kingdom

Shopogolic Gmbh registered in Germany under company number HRB 188936, VAT number DE314937776, Registered office: Gutenbergstr 64, 14467, Potsdam, Germany
Shopogolic.net operates in a few warehouses worldwide and used partner warehouses for deliveries and processes if needed.

The terms contained in this document apply to all transactions for the purchase of Services.

In order to use the Services, you must become a registered member of the Site (Registered Member) by following the instructions on the Site.

Please read these Terms and Conditions carefully before you become a Registered Member. By registering as a Registered Member and using the Services you agree to be bound by these Terms and Conditions, which form a legal agreement between you and us and can only be amended with our consent.

Your use of the Site is also subject to our Terms and Conditions.  You should also read our  Privacy Policy.

We reserve the right to change these Terms and Conditions from time to time without prior notice to you. Any change will not affect the provision of Services in relation to any order that you place or Goods that we receive on your behalf from a Supplier before that change is implemented.

 

Registration


We offer the following services (the Services):

Mail Forwarding Service

Whenever you arrange for goods (Goods) to be sent to the unique shopogolic.net address assigned to you when you became a Registered Member (your UK address), we will forward those Goods to your Delivery Address (the Forwarding Service). You may arrange for Goods to be sent to your shopogolic.net  address in the following ways:

1          by placing an order directly with a supplier (Supplier), specifying your shopogolic.net  address as the delivery address for the Goods; or

2          by way of the Shopping concierge service

3          by way of the Distribution Service

Whenever we receive Goods at your shopogolic.net  address, we will contact you to arrange the forwarding of those Goods to your Delivery Address.

We will charge you a fee for using the Mail Forwarding Service which, if the Goods arrived at your shopogolic.net address by way of the Shopping concierge service or the Distribution Service, must be paid in addition to the Shopping concierge service Fee or the Distribution Service Fee (as applicable). The amount of the Forwarding Fee will be agreed with you when we contact you to arrange the forwarding of your Goods to your Delivery Address. As soon as we receive full payment of the entire Fee from you we will dispatch the goods to your delivery address.

 

Shopping concierge service


The Shopping concierge service is available to personal customers only.

If you are a personal customer, you may, place an order with us requesting that we, as your agent, place an order with a Supplier for specific Goods on your behalf. We will pay the Supplier for those Goods and arrange for their delivery to your shopogolic.net address.

We will charge you a fee for using the Shopping concierge service. You must pay the full price of the Goods and the Shopping concierge service fee before we can place an order with the Supplier.  After we have received the Goods at your shopogolic.net  address, we will contact you to arrange the forwarding of those Goods to your Delivery Address using the Mail Forwarding Service.

 

Distribution Service


The Distribution Service is available only to business customers that are either:

1          Business customer registered for VAT or other local sales tax in the European Community (a European Business Customer); or

2          Business customer registered in a country outside the European Community (a Worldwide Business Customer).

If you are a European Business Customer or a Worldwide Business Customer, you may place an order with us requesting that we, in the capacity of principal, place an order with a Supplier for specific Goods. We will purchase those Goods, arrange for delivery to your shopogolic.net address and will sell those Goods to you at an agreed price.

We will charge you a fee for using the Distribution Service. You must pay the full price of the Goods and the Distribution Service Fee before we can place the order with the Supplier. After we have received the Goods, we will contact you to arrange the forwarding of those Goods to your  Delivery Address using the Mail Forwarding Service. Provided that you have complied with our conditions, we will sell the Goods to you (and charge the Distribution Service Fee to you) zero-rated for UK VAT purposes.

By registering as a Registered Member and using one or more of the Services above, you confirm that your ultimate delivery address (to be specified by you when you become a Registered Member) (your Delivery Address) is, in each instance, within one of the countries to which, according to the Site, we are willing to send Goods (as may be amended by us in our sole discretion from time to time).

We are only able to provide the Services where your Delivery Address is located outside of the UK.  If we receive Goods to be sent to a Delivery Address in the UK, we will dispose of the Goods as we see fit and shall not be liable to you in any way.  We cannot accept any order placed by way of the Distribution Service where the Delivery Address is within the UK. Again, we shall not be liable to you in any way in relation to those Goods.

If your Delivery Address is within the European Community for VAT purposes, we may charge UK VAT on that administration fee at the prevailing rate. If you are a European Business Customer, a Worldwide Business Customer or a personal customer based outside the European Community, we will not charge UK VAT.

After you have become a Registered Member we will provide you with your unique shopogolic.net  address.

As a Registered Member, you will be responsible for all Goods sent to your shopogolic.net  address, even if another person is using your shopogolic.net  address. We will assume that any Goods we receive from a Supplier to your shopogolic.net  address have been ordered by you for us to forward to your Delivery Address (under the Mail Forwarding Service). Therefore, you should be careful not to pass on details relating to your membership of the Site to anyone that is not authorised to arrange for Goods to be sent to your  shopogolic.net  address.

Under conditions, you indicate that you want the Goods to be insured when they are sent  to you from us by the Forwarding Service, you must:

If placing an order directly with a Supplier specifying your shopogolic.net  address as the delivery address for the Goods,

If placing an order by way of the Shopping Concierge Service or the Distribution Service, tell us that you wish to ensure the Goods when you place your order.

You can cease to be a Registered Member at any time by sending a letter to our support team and ask the option to close your account.

 

Using the Services

 

The terms set out in this conditions apply to all Services that we offer.

If you place an order for Goods directly with a Supplier, you must provide your shopogolic.net  address as the address to which the Supplier should send those Goods.

We are only able to receive Goods between 08:00 am and 17:00 pm Monday to Friday. When you place an order for Goods directly with a Supplier, you will need to provide full address and working hours to the Supplier. We will not be liable to you for any Goods delivered outside those hours.

We are only able to receive Goods from Suppliers based in the European Union. Any Goods that we receive from any other location will either be rejected or disposed of as we see fit.  We shall not be liable to you in relation to those Goods.

In placing an order with us, you confirm that the Goods have been purchased from a retailer that is authorized to sell the Goods in the country in which you are based. You also confirm that if the Goods benefit from a manufacturer’s warranty, that warranty will be valid and enforceable in the country in which you are based.

Acceptance of your request for us to provide Services to you in accordance with these Terms and Conditions shall take place:

If you placed an order directly with a Supplier specifying your shopogolic.net  address as the delivery address for the Goods, when we dispatch your Goods to your Delivery Address by way of the Mail Forwarding Service; or

If you are using the Shopping Concierge Service when we have received the full price payable for the Goods and our Service.

If you are using the Distribution Service when we have received the full price payable for the Goods and our Service.

Subject to conditions risk in the Goods will pass to us on the date we receive the Goods. The risk in the Goods will pass to the Courier on the date we pass the Goods to the Courier.

Title in the Goods will pass in accordance with the following:

Order Placed with Supplier

Title in the Goods shall remain with the Supplier until you make payment in full for those Goods to the Supplier, at which point title will pass to you.

Personal Shopper Service

Title in the Goods shall remain with the Supplier until we make payment in full for those Goods on your behalf, at which point, provided we have already received payment in full for those Goods from you, the title will pass to you.

Distribution Service

Title in the Goods shall remain with the Supplier until we make payment in full for those Goods, at which point title will pass to us. Title in the Goods will pass from us to you once we have received payment in full.

After we have received the Goods we will process them through our warehouse. While processing the Goods through our warehouse we may need to inspect the Goods, which could include opening packages where necessary. If we do this, we will re-package the Goods so they are packaged to a similar standard to when we received them. Although we will use reasonable endeavours to avoid doing so, you acknowledge that as part of this inspection we may have to break the seals on some Goods.  We do not accept any liability for any damage caused as a result (unless it is due to our negligence).

All Goods will be delivered to your Delivery Address by way of the Mail Forwarding Service by a courier appointed by us (the Courier).

In certain limited circumstances (such as where we receive Prohibited Goods or Restricted Goods, we may, where we think it is reasonable, refuse to provide the Services in relation to Goods we receive from a Supplier. If this happens we will return the Goods to that Supplier.

 

Shopping Concierge Service

 

This condition shall govern the Shopping Concierge Service

The Shopping Concierge Service Fee is set out on the Site and is in addition to the Mail Forwarding Fee.

When placing an order for the Shopping Concierge Service

you must provide us with the following product information so that we may process your order:

brand;

manufacturer;

model number;

size;

colour;

type;

quantity;

shipping cost;

price;

URL link to the item on the website of your nominated Supplier.

We may refuse to accept any order placed by you for the Shopping Concierge Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms and Conditions).

When placing an order for us to provide the Shopping Concierge Service, you:

acknowledge that if we place an order on your behalf we do so as your agent;

acknowledge that we do not accept any liability in relation to any Goods we order, except to the extent expressly set out in these Terms and Conditions and that, if the Goods are faulty, you will contact the Supplier and/or manufacturer of the Goods directly and not us; and

agree that we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided that the price charged by that alternative Supplier is the same or less than the price charged by your nominated Supplier). We are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from an alternative Supplier in this way.

By placing an order for the Shopping Concierge Service, we will assume that you also wish us to provide the Mail Forwarding Service as set out in these Terms and Conditions.

Before we can accept your order for the Shopping Concierge Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability.  If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier. If we are unable to identify an alternative Supplier, we will contact you to confirm the price at which the Goods may be sourced from your nominated Supplier; and the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place an order with an alternative Supplier until you have confirmed to us that you are happy for us to do so. If the Goods are unavailable, we will notify you and cancel your order.

We must receive the full price payable for the Goods together with the Shopping Concierge Service Fee before we can accept your order. We will, in our discretion either:

require you to pay the price payable for the Goods and the Personal Shopper Service Fee at the time you place your order (this amount will be refunded if we do not accept your order); or

send you an invoice by e-mail for the price payable for the Goods and the Shopping Concierge Service Fee.

Following receipt of the full price payable for the Goods and the Shopping Concierge Service Fee, we will place an order for the Goods as soon as reasonably practicable.

 

Distribution Service

 

If you are a:

European Business Customer, please provide us with your full VAT or other local sales tax registration number (including the two-letter country code) when you become a Registered Member.

Worldwide Business Customer, please provide us with your full registered company address, including the country in which you are registered, when you become a Registered Member.

If you are a European Business Customer or Worldwide Business Customer, we will set the Distribution Service as your default Service, but you may still place orders directly with Suppliers for delivery to your shopogolic.net Address if you wish. For the avoidance of doubt, the Shopping Concierge Service will not be available to European Business Customers or Worldwide Business Customers.

The Distribution Service Fee is set out on the Site and is in addition to the Forwarding Fee.

When placing an order for the Distribution Service, you will be required to provide us with the following product information in order that we may process your order:

brand;

manufacturer;

model number;

size;

colour;

type;

quantity;

cost for the item to be shipped to us;

price

URL link to the item on the website of your nominated Supplier

If you are a European Business Customer, when placing an order for the Distribution Service you must also provide the following information:

The name of the European Community Member State or included territory in which you are registered for VAT or other local sales tax purposes; and

Your full VAT or other local sales tax registration number, including the two-letter country code.

We may refuse to accept any order placed by you for the Distribution Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms and Conditions).

By placing an order for us to provide you with the Distribution Service, you acknowledge and agree:

That if we place an order on your behalf we will do so as a distributor; and

That we shall not be liable to you in relation to any Goods that we order, except to the extent expressly set out in these Terms and Conditions.  If the Goods are faulty, please contact the Supplier and/or the manufacturer of the Goods directly.  In the event that the Supplier and/or the manufacturer are unable or unwilling to rectify the fault, you may contact us.  We will then use our reasonable endeavours to secure the repair and/or replacement of the faulty Goods on your behalf; and

That we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided the price charged by that Supplier is the same or less than the price charged by your nominated Supplier) and that we are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from that alternative Supplier; and

If you are a European Business Customer, you are registered for VAT in the European Community; and

If you are a Worldwide Business Customer, you are a company registered in the country or territory outside of the European Community that you indicated when you became a Registered Member.

By placing an order for the Distribution Service, you acknowledge that we are required to evidence the removal of Goods from the UK in order that those Goods may be provided to you zero-rated for UK VAT purposes.  Accordingly, you will, where requested, assist us in providing evidence of the delivery of the Goods to you, including, but not limited to, providing us with copies of the following documents: order forms, correspondence, sales invoices, packing lists, invoices from hauliers, bank statements and consignment notes confirming receipt of the Goods at your Delivery Address.

By placing an order for the Distribution Service, we will assume that you are also placing an order for us to provide the Mail Forwarding Service as set out in these Terms and Conditions.

Before we can accept your order for the Distribution Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability.  If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier. If we are unable to identify an alternative Supplier, we will contact you to confirm (a) the price at which the Goods may be sourced from your nominated Supplier; or (b) the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place an order with an alternative Supplier until you have confirmed to us that you are happy for us to do so. If the Goods are unavailable, we will notify you and cancel your order.

We must receive the full price payable for the Goods together with the Distribution Service Fee before we can accept your order. We will, in our discretion either:

Require you to pay the price payable for the Goods and the Distribution Service Fee at the time you place your order (this amount will be refunded if we do not accept your order); or

Send you an invoice by e-mail for the price payable for the Goods and the Distribution Service Fee.

Following receipt of your payment for the Goods and the Distribution Service Fee, we will place an order for the Goods as soon as reasonably practicable.

Restrictions on your use of the Services

You must not arrange for a Supplier to send Goods to the Shopogolic.net Address, or place an order with us:

In any three-month period in relation to more than 10 of the same or similar types of Goods;

where the total value of the Goods in that order exceeds £2500 or where the weight of the Goods in that order exceeds 70kg (Restricted Goods) without contacting us in advance for us to confirm that we are willing to accept those Restricted Goods. As a condition of accepting Restricted Goods, we may require an additional payment from you.

You must not arrange for any Goods to be sent to us, or place an order for any Goods with us, where those Goods:

Maybe hazardous or dangerous;

Are not permitted for carriage by air;

Cannot lawfully be delivered to the jurisdiction in which the Delivery Address is located; or

Are listed in this conditions of these Terms and Conditions (or otherwise notified to you by us from time to time or set out on the Site) (Prohibited Goods).

If Prohibited Goods or Restricted Goods are sent to us:

We will deal with them as we see fit (and will charge you for any costs and expenses we incur); and

You will indemnify us and keep us and our employees, sub-contractors and agents indemnified against any and all resulting losses, damage and/or injuries.

International deliveries

You authorise us and our Couriers to complete any necessary documentation for the purpose of customs clearance (where we are legally permitted to do so).

Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist.

You will be regarded as the importer of any Goods that we send to you through the Services and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection by customs authorities.

 

Delivery

 

We will aim to ensure that all Goods which we receive at your Shopogolic.net address are forwarded to your Delivery Address (by way of the Forwarding Service) as soon as possible. Goods received by us will normally be forwarded to you within 48 hours of receipt, although it may take longer where we, acting reasonably, suspect that Restricted Goods or Prohibited Goods have been sent to us, or that the Goods may be fraudulent or otherwise unsuitable for export. Delivery times for the Mail Forwarding Service vary according to your Delivery Address but should take no longer than 7 - 10 business days (excluding time spent in customs which is beyond our control) from the date on which we dispatch the Goods to you. Certain deliveries may require a signature to confirm receipt.

We may, prior to dispatching the Goods to your Delivery Address (by way of the Mail Forwarding Service) and in our discretion, contact you to offer you the option of receiving the Mail Forwarding Service by way of a low cost or pallet based service as opposed to a normal Courier. Where you agree to receive the Mail Forwarding Service in this way, we will agree with you an alternative Forwarding Fee before we dispatch the Goods to your Delivery Address. When using this low-cost or pallet based service, your delivery time should not exceed 30 business days. We will not accept any liability for the loss, damage or destruction of Goods after they have been delivered to you.

 

Prices and payment

 

Before you place an order with a Supplier for delivery to your Shopogolic.net  address, we suggest that you use the calculator on the Site to obtain an indicative price for us providing the Mail Forwarding Service to you.

The full fee that you must pay to us for each order (the Fee) shall comprise:

The cost of the Goods ordered (which shall be zero where you have placed an order directly with a Supplier and have already paid the Supplier for those Goods); and

Shopping Concierge Fee or Distribution Service Fee (if applicable); and

Mail Forwarding Fee agreed with you.

Shopping Concierge Service Fee and Distribution Service Fee shall each be set out on the Site from time to time.

The Forwarding Fee will be agreed with you before we send the Goods to your Delivery Address.  The Forwarding Fee will be dependent upon the charges made by the Courier and the size and weight of the package as measured and determined by us when we receive the Goods from the Supplier at your Shopogolic.net  address.

All prices on the Site are in depends on the country where service provided.

Prices may change at any time. Where you place an order with us for the Distribution Service, we shall, provided that you comply with your obligations in this Terms, deliver the Goods to you (and charge the Distributzero-rated Fee to you) zero-rated for UK VAT purposes.

Whenever we receive Goods at your Shopogolic.net  address, we will contact you using the details you provided when you became a Registered Member (or subsequently) to confirm the full amount of the Fee and to take payment from you using your preferred payment method. If we are unable to contact you in order to make a Payment, or you are unable to make a Payment for any reason, we will promptly send to you an invoice for the amount of the Fee. For the avoidance of doubt, we will not dispatch the Goods to you until we have received full payment for the Goods and the entire Fee.

If we are unable to contact you within 10 business days of receiving Goods from a Supplier at your Shopogolic.net  address, we may return the Goods to that Supplier.

You are responsible for the Courier’s costs where:

we return any Goods to you;

we return any Goods to the Supplier; or

any Goods are returned to us because you are not available or refuse to accept delivery of those Goods at the Delivery Address on the date of attempted delivery by the Courier.

Where, under conditions above, you are required to pay Courier costs, we will contact you so you may make a Payment for those costs.

All payment card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be able to send your Goods, will not be obliged to inform you of the reason for the refusal and we will not be liable for non-delivery. In these circumstances, we will try to contact you again to obtain valid payment details. If you do not provide a successful Payment promptly we will deal with the Goods as we see fit.

We are not responsible for your card issuer or bank charging you as a result of our processing of your Payment.

All payment transactions will be processed on our behalf by our nominated payment merchant. This means that your credit/debit card details are provided directly to the payment merchant and are never revealed to us. The payment merchant shall operate a secure server to process your payment details. The payment merchant shall encrypt your credit/debit card information and shall authorise payment. We do not store credit card details nor do we share financial details with any 3rd parties.

 

Refund / Cancellation Policy

If we cannot provide any services, all deposit money will be returned to your account and you able to withdraw the deposit. We will make a full refund in 3 working days.

 

Our liability and optional insurance

 

Subject to the remaining provisions of this conditions, in relation to each consignment of Goods we receive from a Supplier or order on your behalf by way of the Shopping Concierge Service or Distribution Service, our liability to you in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the lesser of the:

Repair or replacement cost of the Goods contained in that consignment;

Liability of the Courier to us in relation to the Goods contained in that consignment; and

Where you have indicated that you would like a consignment of Goods to be insured whilst it is in the care of the Courier, we will arrange for our insurance policy to cover those Goods.  The insurance will be provided to us by a third party insurer.

Where you place an order with a Supplier for delivery to your Shopogolic.net  address, it is your responsibility to ensure that the Supplier is given the correct Shopogolic.net  address. We shall not be responsible for any incorrectly labelled deliveries of Goods. We shall only arrange for our insurance policy to cover Goods where you have indicated in the format of your Shopogolic.net  address or when placing your order that insurance is required. We cannot be held liable for any mistakes in labelling made by the Supplier.

The cost of taking out any such insurance will include our administration fee for arranging that insurance. That administration fee and the overall cost of taking out such insurance is set out on the Site. If you indicate on the Site that you have read and agreed to these Terms and Conditions, you will also indicate that you have read and agreed to our insurance policy. It is your responsibility to check the terms of the insurance set out in those documents (including the specific exclusions) and to make sure that your Goods are adequately protected under the policy. If there are any material facts and circumstances relevant to the insurance cover, you should notify us of them immediately after placing your order with the Supplier. You may request that we cancel the insurance at any time before the collection of your Goods from us by the Courier.

If you would like us to make a claim on the insurance policy on our behalf, you should notify us within 14 days of actual or scheduled delivery of the Goods (whichever is earlier). We will then make a claim on our policy on your behalf within the 30 day period under the policy. You will be required to cooperate fully with us, and any person appointed by the insurer or Courier, in respect of the claim.

If the claim is rejected by the insurer, you agree that we shall have no liability to you in respect of that claim.

The option to repair, replace or compensate you for lost or damaged Goods is at our discretion.

Nothing in this Agreement will limit or exclude our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.

 

General

 

We may engage agents and/or sub-contractors to perform all or any part of the Services and such agents and/or sub-contractors (including Couriers) will be entitled to the protection of all the terms in these Terms and Conditions which exclude or limit our liability.

Any formal legal notices should be sent to us at the address at the end of these Terms and Conditions by email or confirmed by post.

Failure by us to enforce a right does not result in the waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.

If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.

You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts.

Nothing in these Terms and Conditions is intended to, nor shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of the other party except as expressly provided in conditions.