Terms & Conditions

Introduction

MisterShopUSA offers package forwarding services along with personal shopper (assisted purchases) and parcel consolidation services from USA to other countries throughout the world. When signing up for an account with us, you will receive a real U.S. address and suite number where you can receive your packages from shopping in the US online stores.

Once MisterShopUSA receives a package addressed to you, you will be notified by email and a picture of your package(s) will be visible from your dashboard once logged in to you MisterShopUSA.com account. From then on, you will be able to store your available packages for as long as you wish (up to 40 days with no charge) and wait for more packages to come, so you can consolidate and save money on final shipping to your address. Or you could proceed directly to the shipment of your package to your home country address once completed the quick steps from your dashboard :

  1. Fill out the Customs form,
  2. Add shipping insurance,
  3. Add additional options such as package content pictures etc…,
  4. Choose your shipping carrier from the dropdown list of our International partner carriers that we provide,
    and pay for your MisterShopUSA bill.

At this point, MisterShopUSA will send the package(s) to your address in your home country in accordance with your instructions.
MisterShopUSA offers two different types of accounts :

  1. A free standard membership with basic service as described on our website,
  2. A Premium membership with options for an annual fee or month-to-month invoicing with no obligation.

With a Standard membership, your shipment will be sent to you in the same package that we receive.

With a Premium membership, we can, upon your request, consolidate multiple packages into a new strong and secure box, safe enough for overseas shipment.

User Agreement

This User Agreement is a legal agreement between you (referred to as “you” or “Customer”) and MisterShopUSA.com, a wholly owned website of O-Top LLC, (“MisterShopUSA” or “us”). This Agreement governs your use of the MisterShopUSA website, referred to in this Agreement as “MisterShopUSA.com” or the “Website,” and MisterShopUSA services. All services provided by MisterShopUSA are described in MisterShopUSA.com and are collectively referred to in this Agreement as “Services.” As a condition of your use of this website and services, you represent and warrant to MisterShopUSA that you will not use this website or the services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

This Agreement supplements the terms and conditions of the Services described in the Website. By accessing the Website or opening a new account with MisterShopUSA.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use MisterShopUSA.com or its services.

From time to time and as needed or required by law, we will amend, modify, or change the terms of this Agreement by making those changes directly to the Agreement on this website. These changes take effect when posted to the website. By continuing to access or use MisterShopUSA.com after any such amendments, you agree to be bound by the terms of the amended Agreement.

Please read the entire terms and conditions of use carefully before you use MisterShopUSA.com. If you do not agree to all the terms and conditions you may not use the website. By using the website, you are deemed to have read and accepted these terms and conditions and are at least 18 years of age.

Our Privacy Policy

The information that we obtain through your use of any portion of the Website, whether through the registration process or otherwise, is subject to the privacy policy posted on the Website (“Privacy Policy”), which is incorporated within this Agreement for reference. You may access the MisterShopUSA Privacy Policy by clicking on this link :

https://www.mistershopusa.com/privacy-policy .

The Privacy Policy describes our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the website.If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the website.

No Automated Queries

You may not send automated queries of any sort to the website without express permission in advance from MisterShopUSA and or O-Top LLC.

Note that “sending automated queries” includes, among other things:

  1. Using any software that sends queries to the website to determine how a website or web page “ranks” for various queries,
  2. “meta-searching” and
  3. Performing “offline” searches on any MisterShopUSA web page.

Copyright

All content available on MisterShopUSA.com, including website design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by MisterShopUSA, with all rights reserved, or is the property of MisterShopUSA or third parties protected by intellectual property rights.

If you believe content on MisterShopUSA.com infringes your copyright, you should send notice of copyright infringement to MisterShopUSA’s Copyright Agent by providing the following information :

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.

A statement by you that the above information in your notice is accurate, under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Your signature.

The notice should be emailed to: contact@mistershopusa.com.

Upon receipt of notice as described above, MisterShopUSA.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from MisterShopUSA.com.

Trademarks

We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our website without the prior written consent of the owner of the mark. MisterShopUSA does not control and assumes no responsibility for the content that appears on a third party’s website that may be accessed via MisterShopUSA.com, and trademark owners should contact third-party websites directly to resolve trademark disputes.

If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on MisterShopUSA.com, or if you believe that we have improperly used your registered trademark to promote MisterShopUSA.com on a third-party website, please provide the following information in a signed letter on company stationery:

Name of Company
Contact (email)
List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
Your signature.
Send this written communication with the above information via email to contact@mistershopusa.com.

Upon receipt of notice as described above, MisterShopUSA.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from MisterShopUSA.com. In the event that the challenged content has been provided to MisterShopUSA by a third party and in MisterShopUSA’s sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, MisterShopUSA will provide notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, MisterShopUSA will not remove the content.

Notwithstanding the foregoing, MisterShopUSA will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Costs of MisterShopUSA’s Services

The costs for the MisterShopUSA services are listed on the website at https://www.mistershopusa.com/pricing.

Wire Transfer Fee

A fee of $19 USD for each incoming wire transfer is assessed by our bank and charged to your account.

Refunds

Payments for Premium membership fees are not refundable. Payment for deposit or postage not applied to a mailout request is refundable. Some administrative fees may be charged by MisterShopUSA for all refund requests on a case by case basis, generally about 4%.

Inactive Accounts

Accounts with inactivity of greater than 2 years will be deemed dormant or abandoned. Account balances for dormant or abandoned accounts will be forfeited and closed. You may have your account balance refunded at any time prior to 2 years of inactivity.

Billing Issues

Customer is responsible for reviewing all charges from MisterShopUSA. Any suspected discrepancies in billing must be reported to MisterShopUSA within 30 days of the billing date. After 30 days, no charges are refundable.

Registration with MisterShopUSA.com

Before you use the services, you must open a MisterShopUSA account by completing the MisterShopUSA account Set Up form with true, accurate, current and complete information about yourself (the “Registration Information”).

You agree to maintain and update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MisterShopUSA has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, MisterShopUSA has the right to suspend or terminate your access and refuse you any and all use of the website and services.

Fraud Prevention

MisterShopUSA is continually working to prevent any type of fraudulent activity. We leverage third-party tools to prevent payment fraud, various industry standards to protect your account information and may, at any time, update our methods and tools.
We also require that all items you send to our facilities have been purchased by you and paid for in full. If we are notified that fraudulent activity has been detected in any way, we reserve the right to refuse shipment until such time the seller has verified the transaction or as we otherwise determine in our sole discretion.

Please send any suspected fraud inquiries to contact@mistershopusa.com

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Account Verification

You may be asked to submit various forms of identification for large amount purchase through the Personal Shopper “assisted purchase” service.
These forms of identification may include a driver’s license, passport, utility bills… Once reviewed, those documents will be destroyed.

US Export Regulations

MisterShopUSA Customers must export products from the United States in accordance with all applicable United States export control laws and regulations including regulations administered by the U.S. Department of Commerce, U.S. Department of State, and the U.S. Department of Treasury, U.S. Customs and Border Patrol, and Department of Homeland Security. As a customer of MisterShopUSA you agree not to export, re-export, or transship these commodities to any country that the United States has imposed an embargo or trade sanctions upon, including but not limited to Cuba, Iran, Iraq, North Korea, Somalia and Sudan or any destination for which the United States requires an export license without first obtaining such license(s). Full list of embargo countries can be found in the US Department of Homeland Security, US Customs Border Protection, and OFAC (Office of Foreign Assets Control) websites. Diversion of these commodities contrary to the United States law is prohibited. Any and all export license requirements are the sole responsibility of the individual and/or entity in the contractual agreement with MisterShopUSA.

MisterShopUSA does not ship weapons (including items that assist in the functionality or manufacturing of firearms/ammunition or replicas of such items) or narcotics or other prohibited items (prohibited items listed below).

In addition, certain items may require special permissions or documentation or may be prohibited by your destination address or country. It is your responsibility to know these restrictions. In an effort to uphold our customs compliance standards, MisterShopUSA’s prohibited and restricted items list may be more expansive than individual country or carrier laws.

You can find a listing of the prohibited items below or in our FAQ website page. MisterShopUSA cooperates with law enforcement agencies to ensure that prohibited items are not shipped via MisterShopUSA. This includes the systematic inspection of packages contents. By entering into this agreement you accept and agree to inspections of your packages by law enforcement agencies or MisterShopUSA.

If your package is found to contain prohibited items, you agree that the contents of your package may be seized and confiscated by law enforcement or MisterShopUSA. If prohibited items are found in your packages as determined by law enforcement or MisterShopUSA, your account will be placed on hold or suspended, and any additional packages within your suite may also be inspected and confiscated.

Restricted and Prohibited items

  1. Any firearms, guns parts that are subject to the International Traffic in Arms Regulations (ITAR) like ammunition, guns, scopes, military weapons & accessories, night vision goggles, etc…
  2. Alcohol,
  3. Cigarettes,
  4. Counterfeit items,
  5. Drugs,
  6. Illegal drugs,
  7. Narcotics,
  8. Combustible, flammable items (gasoline, paints, oil, etc.)
  9. Pressurized cans, aerosol can products (hairspray, paint spray can, etc.)
  10. Indecency items (Child porns etc…)
  11. Stand-alone Lithium-ion battery (PI965) is prohibited to be shipped by Air,
  12. Animals, dead or alive,
  13. Vegetation,
  14. Monetary items (coins, precious stones, cash, precious metals, etc.)
  15. Radioactive waste, any other waste,
  16. Chemicals,
  17. Fresh Fruits and Vegetables
  18. Gas.
  19. etc…

All items for import & export must follow the rules and regulations provided by carriers and by US Custom & Border Protection, US Department of Commerce and Department of Homeland Security. If any item falls under prohibited items or restricted items, we will not export the items.

The customer will not use MisterShopUSA services to ship the above. If those items above or any other illegal items are shipped using our services, MisterShopUSA will NOT be held responsible and any legal action will be taken against the customer using our services. We will have to share your information with the appropriate service if needed.

Your MisterShopUSA Address

Each package sent to MisterShopUSA must be addressed correctly. They must contain your correct full name and MisterShopUSA suite number must be written on each package. If a package arrives with an incorrect or incomplete address (for example missing suite number or an unknown or misspelled name), MisterShopUSA will do its best to determine whom it belongs to.

If MisterShopUSA is able to determine the owner of the package, it will be entered into the correct mailbox and we will charge a $5 address correction fee. If the owner cannot be determined and a claim with tracking information is not provided within 90 days of the package’s arrival, the package will be disposed of at the sole discretion of MisterShopUSA.

Storage

MisterShopUSA will store your packages in our warehouse for up to 40 days (depending on the service used) without charge while we wait to receive all of the required fees, customs forms for shipping, and any additional packages that are to be consolidated. However, if your package needs to be stored in our warehouse for more than 30-40 days (depending on the service used) you may have to extend the storage time for a fee or the parcel may be considered abandoned.

If a package is consolidated with other package(s), the storage time limit will be based on the day the first/oldest package arrival date. Adding a package to a consolidated package will not reset the storage time.

Abandoned Parcels

If we receive a package but do not receive the required fees and documents from you within 90 days, we will do our best to reach you by email and phone call.

If nothing can solve the situation, we will deem the package to be abandoned. MisterShopUSA will dispose of abandoned packages.

Package Refusal/Return to Sender

We are not able to refuse receipt of packages from carriers as we receive hundreds of packages on a daily basis. Packages can be returned to vendors after they are processed into your account via a special request which has a nominal fee ranging from 5$ to 15$ depending on parcel size and weight.

Oversize Packages

It is your responsibility to check whether a package is considered oversized or not, before using our services.
MisterShopUSA customer service will be happy to help you in case of any doubt.
Oversized packages are any package over the size or weight limits set forth in the MisterShopUSA calculator website page with the specified carrier.

Oversized packages are required to be divided, reduced, disposed of or returned to the sender if such packages are beyond the limits of the MisterShopUSA calculator and the specified carrier.

Photographs of Packages

Upon your request and for a small fee of $0.99, MisterShopUSA will photograph the contents of a package, allowing you to confirm the merchandise is correct and in good condition before requesting mailout.

Consolidation

MisterShopUSA is not responsible for items missing from a consolidated package without proof that the missing item was received by us. Accordingly, we strongly urge you to add the picture option (+0.99$ only) to check and photograph the contents of each package upon arrival and before ship out to allow you to confirm that all expected items are accounted for. All photo requests need to be requested prior or at the time of consolidation request from your MisterShopUSA customer dashboard.

The consolidation of packages will not reset the storage time. Storage will be based on the first/oldest package to arrive at MisterShopUSA in the consolidation

Unless you request otherwise, we will remove all catalogs during consolidation. Catalogs add weight to your package and shipping costs. Most customers want them removed.

Personal Shopper

MisterShopUSA can assist you with purchasing products online in US stores that don’t ship to your country or don’t accept your payment from abroad.

However, we are not responsible for the quality of goods, warranties, delivery issues, back up orders, etc.

MisterShopUSA will do its best to solve any issue with the seller but we won’t be responsible if the purchase cannot be made for any reason. For more information on Assisted Purchase process please see this link: https://www.mistershopusa.com/how-it-works

Assisted Purchase Fees

From 5% to 10% of the total purchase cost (our commission),
Add $15.00 to cover Bank Fees (PayPal etc…)

ID and Payment Verification

Randomly and for security purposes, you may be requested to provide us with two types of Identification documents : Passport, Identity card, Driver’s license…

Submit a verified payment method: Credit Card, PayPal or Wire Transfer for large amounts of money.

Import and Export Documentations, Duties & Taxes

The customer is responsible for determining and following the regulations for their shipments, including all customs requirements of the destination country. MisterShopUSA does not guarantee delivery of packages that do not comply with U.S. export regulations or the import regulations of the country to which they are sent.

You are responsible for the accuracy of all customs declarations and documentation and for all customs duties in the destination country. Any such duties or charges are in addition to the fees earned by MisterShopUSA for its package forwarding service.

MisterShopUSA is not responsible for any duties and taxes subject to any package being exported. It is the sole duty of the recipient to pay for the taxes and duties of packages upon receiving in his country. All packages are sent as Delivery Duty Unpaid by MisterShopUSA.

You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of the country that is the final destination of your package and the laws and regulations of the United States. MisterShopUSA assumes no responsibilities regarding import/export documents, duties and taxes in your home country.

Shipping

MisterShopUSA ships only by the shipping methods offered in the shipping calculator shown on MisterShopUSA.com.
You are welcome to use the provided calculator tool before placing any order and have your package shipped to our warehouse.

MisterShopUSA is not responsible for the actual shipping service that is chosen by you. All terms and conditions of the selected shipping service (USPS, FedEx, DHL etc.) apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume.

The estimated delivery date is not guaranteed. These dates are based on major and/or popular countries only. The actual time for the package delivery to each country may vary.

MisterShopUSA does not accept prepaid labels for shipping, with the exception of returns to the original shipper or merchant.

MisterShopUSA does not ship packages to other package forwarders.

You authorize MisterShopUSA to open packages and check the content of the package (for illegal goods) or any practical reason.

We take good care of your belongings and items will be repacked as soon as inspected.

Any problems associated with a received package must be reported to MisterShopUSA customer service within 10 days of delivery.

Shipping insurance and claims

You are encouraged to add a shipping insurance on all your shipping, especially for high value items.

The insured value for the package can not exceed the actual value of the item on customs form.

Indeed, Customs declarations are used to determine the claim insurance value.

Furthermore, retailer actual invoice is required for all insurance and claims request including lost package during transit, in the warehouse, or damage & missing items.

Only for the lost or not delivered package, the cost of postage will be refunded. For damage or not claimed packages, partial postage may be refundable but not full postage cost.

Insurance does not cover for sentimental value items, collectible items, jewelry or precious stone, precious metal.

Missing and Lost Packages

In the case of a lost or damaged package please access your account to file a claim. False claims will be charged minimum $5 plus MisterShopUSA’s investigation expenses.

All claims for lost or damaged packages must be reported to MisterShopUSA within 10 days otherwise they will be automatically denied.

Packages are insured by a combination of carrier shipping insurance and MisterShopUSA’s private insurance. Insurance for packages lost in the warehouse or lost during shipping will be valued based on the completed customs declaration.

You may be asked to submit additional information detailing item contents and/or value of the merchandise during the claims process.

Problems with Delivery to the MisterShopUSA Facility

You are responsible for confirming that the contents of the package that arrived in our warehouse is what you ordered from the merchant.

MisterShopUSA provides photos of the outside of each incoming package so you can ascertain if the correct package is received and whether or not the address and tracking number are accurate.

MisterShopUSA will close accounts of customers who fill out customs forms and ask us to mail out packages that were checked into their suite in error and belong to a different customer.

In the event of a shipping error, you agree to immediately notify MisterShopUSA so that the error can be corrected.

MisterShopUSA Liability

MisterShopUSA’s total responsibility to customer for shipped packages shall not exceed the amount of shipping fees.

Customer shall indemnify and hold MisterShopUSA harmless from any and all claims, including legal fees incurred in defending against said claims from third parties arising out of the transmission of the package/mail sent by customer through MisterShopUSA.

MisterShopUSA shall not be responsible for any damage from an error or omission caused by you providing false or incorrect information or for failing to provide all necessary information.

Termination

You agree that MisterShopUSA, in its sole discretion, may terminate your access to any of the services, and/or remove, discard or modify any content within the services, for any reason, including, without limitation, for lack of use or if MisterShopUSA believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

You agree that any termination of your access to the services may be affected without prior notice, and acknowledge and agree that MisterShopUSA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services.

If you use the website in violation of this Agreement, MisterShopUSA may, in its sole discretion, retain all data collected from your use of the website.

Further, you agree that MisterShopUSA shall not be liable to you or any third party for discontinuation or termination of your access to the services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

If MisterShopUSA terminates your license to access the services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold MisterShopUSA harmless and your agreement that any claims you have against MisterShopUSA will be barred after one year from the date they accrue, will survive such termination.

You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason.

Indemnity

By choosing to use MisterShopUSA.com, you agree to indemnify MisterShopUSA, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to your violation of the User Agreement or your violation of any rights of another.

Liability Limits

MisterShopUSA and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential, compensatory or direct damages arising in any way (including, but not limited to negligence) out of or in connection with the website or MisterShopUSA or its parent, subsidiary or affiliate companies, or our services or this Agreement.

In no event shall MisterShopUSA or its suppliers be liable to you for more than $100, including an award of attorney fees and costs.

Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Governing Law

You agree to not take any legal action against us that relates to or arises out of any of our websites without first (1) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (2) negotiating with us, in good faith, for not less than 30 days, toward resolution of the dispute.

All correspondence concerning such dispute must be sent to dispute at MisterShopUSA.com, or such other designee as MisterShopUSA may identify from time to time.

This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws.

All actions arising out of or related to these terms shall be brought in a court of law located in Miami Dade County, State of Florida.

All parties that consent to these terms also consent to the personal jurisdiction of all claims arising out of these terms in Miami Dade county, State of Florida.

Agreement

This Agreement, and our Privacy Policy (which is incorporated herein by reference) constitutes the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.

Force Majeure

MisterShopUSA shall not be liable to any party for any delay or failure due to: acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers beyond the control of MisterShopUSA.

Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

No Waiver

Any waiver of any provision of this Agreement will be effective only if in writing and signed by MisterShopUSA.

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