Mondosol Buyer Terms & Conditions

Effective Date:December 03, 2017

The Global ePacket Shipping Program (collectively referred to herein as "GeSP") make certain items ("GeSP Item(s)") located in China or Hong Kong available to buyers around the world.

GeSP enables Buyers to obtain parcel processing, international shipping, and customs clearance services (the "Services") at checkout from a third party service provider. These Global Shipping Program Buyer Terms and Conditions ("Terms") apply to GeSP Items that you purchase through GeSP.

1. Applicability of Mondosol User Agreement. The Mondosol.com Terms Agreement, Mondosol's Privacy Notice and all policies posted on our sites (collectively, and as the same may be amended from time to time, "Mondosol's Policies") apply in addition to these Terms. In the event of a conflict or inconsistency between these Terms and Mondosol's Policies, these Terms will control as to all matters that they explicitly address. For all matters not explicitly addressed by these Terms, Mondosol's Policies will control.
2. Description of the Services and Program Fees. The Services are provided by a third party global technology and shipping provider, China and Hongkong Post, for GeSP Items purchased from Mondosol. By purchasing a GeSP Item, you will be entering into a binding contract with the Seller for the purchase of the GeSP Item, as well as an agreement with China and Hongkong Post for the provision of the Services, including parcel processing, international shipping and tracking, and customs clearance. You acknowledge and agree that China and Hongkong Post may use third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with China and Hongkong Post to assist it in performing the Services. More information about the Services may be found here.
3. Roles of the Parties.
   1. Global ePacket Shipping Program (United States). Any transaction for a GeSP Item that is located in the United States ("US") will be treated as a routed export transaction per the requirements of the US Export Administration Regulations (15 Code of Federal Regulations Part 730 et seq.) and the Foreign Trade Regulations (15 Code of Federal Regulations Part 30). In a routed export transaction, you as the buyer assume responsibility for the customs clearance and transportation of the GeSP Item to be exported from the United States as well as importation of the GeSP Item in compliance with all applicable laws and regulations of the country into which the GeSP Item is being imported.
      1. Your Role as Foreign Principal Party in Interest. You (or the recipient of the GeSP Item that you purchase, if someone other than you) are the Foreign Principal Party in Interest in connection with the exportation and importation of the GeSP Item. You will authorize China and Hongkong Post or, at its discretion, one of its service providers as an agent to facilitate the export and customs clearance of the GeSP Item. If applicable, this will include requesting any necessary export control licenses required under the US Export Control Regulations (15 Code of Federal regulations Part 730 et. seq.). Under a routed export transaction, you are responsible for ensuring that your purchase, exportation, and importation of the GeSP Item comply with all applicable laws and regulations. Your purchase and consent to these Terms during checkout constitutes formal notification to your Seller that you are assuming responsibility for the export shipment of the GeSP Item pursuant to a routed export transaction. Without limiting the foregoing, you agree: (i) to comply with all applicable US export laws and regulations, including, but not limited to, the requirements of the Export Administration Act of 1979, as amended, and the Export Administration Regulations promulgated thereunder (ii) that all products and technologies that you purchase and direct your Seller to send to China and Hongkong Post shall only be exported, re-exported or otherwise transferred, directly or indirectly, in accordance with these laws and regulations; (iii) that you will not export, re-export, or otherwise transfer, directly or indirectly, or request China and Hongkong Post to export, re-export, or otherwise transfer, any products and technologies to any destination or to any person if this would be prohibited, in whole or in part, by any US law or regulation or would otherwise be prohibited by any US government entity or agency; and (iv) to notify immediately Mondosol and China and Hongkong Post in writing if you or one of your affiliates are or become listed in any Denied Persons List or if your export privileges or the export privileges of any of your affiliates are otherwise denied, suspended or revoked, in whole or in part, by any US government entity or agency. Additionally, as the importer of the GeSP Item, you are responsible for ensuring that your purchase, importation, possession, or use of the GeSP Item, or that of your consignee, complies with all laws and regulations of the country into which the GeSP Item is being imported.
      2. Power of Attorney. You grant to China and Hongkong Post (and, to the extent necessary, its third party service providers) a "Power of Attorney" authorizing China and Hongkong Post and/or its service providers to act as your agent(s). Pursuant to 15 CFR § 30.3 (b)(3), in a routed export transaction the authorized agent can be the "exporter" for export control purposes as defined in 15 CFR 772.1 of the US Department of Commerce Export Administration Regulations ("EAR"). In its role as agent, China and Hongkong Post will be authorized to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant export, customs and revenue authorities on your behalf. In addition, you authorize the customs brokers and/or freight forwarders selected by China and Hongkong Post to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation, importation and/or transportation of the GeSP Item that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. However, you will bear the liability for any violation of US export laws and regulations or import laws in the destination jurisdiction, with the exception of violations caused by incorrect information provided by your Seller.
      3. Mondosol Supplier's Role as US Principal Party in Interest. Mondosol Supplier is responsible for shipping the GeSP Item to a facility located within the United States (the "US Shipping Center"), where China and Hongkong Post will process the GeSP Item for international shipment. Mondosol Supplier is the US Principal Party in Interest. The routed export transaction will effectively shift export liability from Mondosol Supplier to you and your forwarding agent, as described in these Terms. The routed export transaction is subject to EAR and all parties to the transaction must comply with EAR to the extent each participates in the export of your item. Your Seller is liable for the accuracy of information that Mondosol Supplier provides about the GeSP Item. Mondosol Supplier has agreed to provide accurate and complete information about GeSP Items and to respond timely to any requests for information from Mondosol and/or China and Hongkong Post. Such information is required for compliance with US export and customs clearance requirements.
      4. China and Hongkong Post' Role as Your Forwarding Agent. By purchasing the GeSP Item and consenting to these Terms, you authorize China and Hongkong Post to act as your agent for the shipment and delivery of the GeSP Item. As your appointed forwarding agent, China and Hongkong Post will: (A) make export classifications and complete export filings, including but not limited to, preparing and transmitting any Electronic Export Information or other documents or records required to be filed by the US Census Bureau, US Customs and Border Protection, Bureau of Industry and Security, and/or any other US government agency, (B) arrange for the importation of the GeSP Item, including, but not limited to, assigning Harmonized System classification codes to each GeSP Item and filing a completed customs entry and related documents with the customs authorities of the country into which the GeSP Item is being imported, (C) account for and pay the assessed import duties and other taxes due upon importation of the GeSP Item, each on your behalf, (D) manage any dispute with such authorities regarding customs classifications, applicable duties and/or taxes, and (E) perform any other act that may be required by law or regulation in connection with the exportation, importation and/or transportation of any GeSP Item purchased by you for shipment out of the United States and into any other country. The making of export classifications and assigning Harmonized System classification codes requires expertise. You will defer to the expertise of China and Hongkong Post in performing this task and will not question the export classifications made by China and Hongkong Post on your behalf or the Harmonized System classification codes so assigned by China and Hongkong Post.
   2. Global Shipping Programme (United Kingdom). For any transaction involving a GeSP Item that is located in the United Kingdom ("UK"), the Services described above will be provided by either China and Hongkong Post itself, its affiliates, or third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with China and Hongkong Post, but the transaction will not be treated as a routed export transaction and China and Hongkong Post will not serve as your forwarding agent as it would for a GeSP Item located in the US. Therefore, Mondosol Supplier is responsible for the exportation of the GeSP Item in compliance with all applicable laws or regulations of the United Kingdom. You as the buyer are responsible for transportation and importation of the GeSP Item in compliance with all applicable laws and regulations of the country into which the GeSP Item is being imported.
      1. Your Role as Consignee. You hereby agree that China and Hongkong Post will designate you (or the recipient of the GeSP Item that you may designate) as the "Consignee" of the GeSP Item or, at its discretion, will designate one of its service providers as the "Consignee" to facilitate the customs clearance of GeSP Items. This is likely to apply mainly to GeSP Items that are shipped from the UK to a location outside the European Union. China and Hongkong Post is authorized to state your country of residence or that of your "Consignee" as the country to which the GeSP item is being exported. You are responsible to: (A) ensure that your purchase and importation of the GeSP Item complies with all laws and regulations of the country into which the GeSP Item is being imported, (B) file a completed customs entry and related documents with the customs authorities of the country into which the GeSP Item is being imported, and (C) pay the assessed import duties and other taxes due upon importation of the GeSP Item. You hereby grant to China and Hongkong Post (and, its third party service providers) authorization to act as your agent(s) (with permission to further delegate their authority) and to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf, including, but not limited to, (a) making any declaration and/or completing any filing on your behalf in connection with the export of the GeSP Item from the UK and/or the import of the GeSP Item into the country into which the GeSP Item is being imported (b) arranging for the exportation and/or importation of the GeSP Item, assigning Harmonized System classification codes, other commodity codes to each commodity, paying and accounting for duties and taxes on your behalf, and managing any dispute with such authorities including without limitation regarding customs classifications, applicable duties and/or taxes. In addition, you agree that China and Hongkong Post may authorize the customs brokers and/or freight forwarders selected by China and Hongkong Post to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation and/or importation and/or transportation of the GeSP Item that is shipped or consigned to you or your designee for shipment out of the United Kingdom and into any other country. You acknowledge and agree that assigning Harmonized System classification codes requires expertise and that you will defer to the expertise of China and Hongkong Post and its third party service providers in performing this task and will not question the Harmonized System classification codes so assigned by China and Hongkong Post and its third party service providers.
      2. Your Seller's Role as Exporter. Mondosol Supplier is responsible for shipping the GeSP Item to a facility located within the United Kingdom (the "UK Shipping Center"). China and Hongkong Post will designate Mondosol Supplier as the "Exporter" of the GeSP Item that you purchase or, at its discretion, will designate itself or one of its service providers as the "Exporter" in lieu of your Seller to facilitate the customs clearance of the GeSP Item upon its receipt at the UK Shipping Center. This is likely to apply mainly to GeSP Items that are shipped from the UK to a location outside the European Union. To the extent applicable, your Seller has authorized China and Hongkong Post (and, to the extent necessary, its third party service providers) to act as Mondosol Supplier's agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on behalf of Mondosol supplier, including, but not limited to, making export declarations classifications and managing any dispute with such authorities including regarding customs classifications, applicable duties, and/or taxes, and performing any other act that may be required by law or regulation in connection with the exportation and/or transportation of GeSP Items out of the United Kingdom and into any other country.
      3. The authorities, authorizations and approvals granted by you in this Section 3 shall also apply if Mondosol and/or China and Hongkong Post exercise their right under Section 11 to return the GeSP Item to Mondosol Supplier; provided that China and Hongkong Post may designate you or the Supplier as the importer of the goods. China and Hongkong Post shall not be under any obligation to claim a refund of any excise duty paid on your behalf or on behalf of the Supplier.
   3. Declarations. All custom declarations are made by China and Hongkong Post for your benefit and as your direct agent or, for items located in the UK, for the benefit of the Supplier as the direct agent of the Supplier, and you will be the "declarant" for the purposes of any customs declaration on import . As declarant you will be the legally declared importer and responsible for the accuracy of the information provided.
   4. Relationship between Mondosol and China and Hongkong Post. Mondosol Individual company ("Mondosol") and China and Hongkong Post are independent contractors and have entered into an agreement with one another in order to make the Services available to you. Mondosol is not providing any of the Services and is not responsible for the Services provided by China and Hongkong Post. China and Hongkong Post is neither owned by, nor affiliated with, Mondosol.
   5. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Mondosol (or between you and China and Hongkong Post, except to the limited extent and as described in Section 3(a)(iv) and 3(b)(i)) is intended or created by these Terms. You do not intend Mondosol or China and Hongkong Post (or any of their affiliates, subcontractors, or other service providers) to act, nor shall they act, as an agent for the receipt of any domestic or international mail on your behalf.
4. Data Privacy. Mondosol's collection of personal information in connection with the Program is governed by the privacy policy that applies to your use of the Mondosol.com website or, as applicable, another Mondosol international site. However, in order for China and Hongkong Post to provide you with the Services that you are requesting under the Program, China and Hongkong Post requires certain personal information in addition to your order information, including, but not limited to: your name, user ID, address, email address, telephone number and, in certain countries, national identification information (for example, internal passport information in Russia) and/or tax identification information (for example, the Taxpayer's Registry for Individuals in Brazil). You are responsible for the accuracy of this information and acknowledge that you are authorized to provide this information for the purpose of delivering your GeSP Item to you or your designee. By agreeing to these Terms, you direct Mondosol to provide this personal and order information to China and Hongkong Post on your behalf so that China and Hongkong Post may provide you with the Services that you are requesting under the Program. You acknowledge that China and Hongkong Post may disclose this information, however collected, to its affiliates, service providers, and other third parties (such as customs and revenue authorities) as necessary to perform the Services that you have requested (for example, providing your name and address information to customs brokers and shipping carriers so that they may clear customs on your behalf and deliver your order to you). China and Hongkong Post, its affiliates, and/or its service providers may contact you directly in order to collect or confirm certain personal and/or order information. Your personal and order information will be collected, used, and disclosed by China and Hongkong Post only for the purpose of providing the Services in accordance with China and Hongkong Post's privacy policy, which may be found here, with the exception that China and Hongkong Post shall not provide, rent, sell or otherwise share the foregoing information for marketing purposes. Mondosol does not control the privacy policies of China and Hongkong Post, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable. If you reside in Brazil and you have previously provided tax identification information (such as your Taxpayer's Registry for Individuals) to PayPal, you authorize the PayPal entity that provides the PayPal services to you to provide this information to Mondosol at Mondosol's request.
5. Optional Services. The Services being offered to you by China and Hongkong Post are entirely optional. However, to purchase a GeSP Item, you must agree to these Terms. If you do not agree with these Terms, then you should not proceed with the purchase of a GeSP Item and may instead purchase an item that is being offered to you outside of GeSP.
6. Eligibility.
   1. Item Eligibility. Not all listings on Mondosol.com are eligible for GeSP. Mondosol reserves the right at any time, in its sole discretion, with or without notice to you, to alter or amend the eligibility requirements for GeSP Items, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. You agree not to purchase any ineligible items through GeSP. You agree that if any item is found to be ineligible, China and Hongkong Post will have no liability and will have, in its discretion and in any manner that it prefers, the right to dispose of or liquidate the ineligible item, including without limitation (A) returning the item to the Seller, (B) handing over the item to the authorities, or (C) destroying the item. China and Hongkong Post is authorized to open and inspect any GeSP Item without notice.
   2. Country Eligibility. GeSP is not available for shipments to all countries. Mondosol reserves the right to expand or limit the countries eligible for GeSP at any time, in its sole discretion, with or without notice. The countries currently eligible for GeSP may be found here.
   3. Non-Commercial Use. Any GeSP Item that you purchase must be for the personal use or consumption of the designated recipient and not for commercial resale purposes. In addition, if you reside in a member state of the European Union (other than the United Kingdom) and are importing the GeSP Item from the United States, your purchase of the GeSP Item must be for non-business purposes. In the European Union, import VAT incurred on the purchase of goods for non-business purposes cannot be reclaimed or recovered by the Buyer.
7. Payment and Program Fees.
   1. Accepted Payment Method. You must pay for GeSP Items and applicable Program Fees using PayPal, Stripe or any other method offered. Your use of the PayPal services or any other is subject to their User Agreement and Privacy Policy between you and the Payment entity that provides the Payment services to you, including all applicable Payment fees described in the Payment User Agreement.
   2. Program Fees. The pricing that is displayed to you at checkout is inclusive of all shipping and import charges associated with the Services ("Program Fees"). More information about Program Fees may be found here.
   3. Payment Reversals. If Mondosol, China and Hongkong Post, or China and Hongkong Post's service providers determine, after you have purchased a GeSP Item, that the GeSP Item is ineligible for GeSP or cannot be shipped to you (for whatever reason), Mondosol and its affiliates shall have the right to cancel your purchase in lieu of proceeding with the processing and/or shipment of the GeSP Item and, upon exercising this right, may reverse the payment that you made and to China and Hongkong Post for the GeSP Item and will process the GeSP Item as an undeliverable item.
   4. Exclusions. You alone are responsible for any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on you by customs or tax officials after a GeSP Item has successfully cleared customs and been delivered to (or made available for pickup at) the delivery address specified by you or the collection center near you that is designated by China and Hongkong Post.
8. Risk of Loss. The risk of loss or damage to a GeSP Item shall remain with Mondosol Supplier until the GeSP Item is accepted at the US or UK Shipping Center or has been returned to Mondosol Supplier by China and Hongkong Post from the US or UK Shipping Center. Subject to any statutory rights you may have, the risk of loss or damage to a GeSP Item shall transfer to you when the GeSP Item leaves the US or UK Shipping Center for export.
9. Transfer of Title. Title to a GeSP Item remains with Mondosol Supplier until such time as the GeSP Item is successfully delivered to you or your consignee, at which time title to the GeSP Item shall transfer to you or your consignee. At no time do Mondosol (or its affiliates), China and Hongkong Post (or its affiliates), or the third party logistics providers, shipping carriers, customs brokers, freight forwarders, or other subcontractors under contract with China and Hongkong Post take title to a GeSP Item.
10. Unpaid Items and Payment Failure. Your purchase of a GeSP Item is subject to Mondosol's unpaid item policy. Mondosol reserves the right to collect, using any collection methods at its disposal, any unpaid amounts that Mondosol pays to your Supplier and/or China and Hongkong Post because of your non-payment or failed payment.
11. Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required. If a GeSP Item that you purchase is not delivered to the delivery address specified by you or to the collection center near you that is designated by the shipping carrier, it is damaged, or it does not match your item's description, your purchase may be covered by Mondosol Money Back Guarantee or PayPal Purchase Protection program. More information about Mondosol Money Back Guarantee and PayPal Purchase Protection may be found here and here. The delivery address that you specify must be within an eligible country and must be a valid and complete delivery address. The delivery address that you specify may not be a Post Office (P.O. Box), Army Post Office, or Fleet Post Office. Mondosol and China and Hongkong Post shall have no liability and shall have, in their discretion and in any manner that they prefer, the right to dispose of or liquidate GeSP Items that Mondosol or China and Hongkong Post conclude are undeliverable, for whatever reason. If Mondosol or China and Hongkong Post conclude that a GeSP Item is undeliverable and elect to dispose of or liquidate a GeSP Item, title to the GeSP Item shall transfer automatically from your Supplier to Mondosol and/or any third party designated by either Mondosol or China and Hongkong Post (as Mondosol and China and Hongkong Post may elect), at no cost and for no consideration to either Mondosol or China and Hongkong Post and/or to any third party designated by Mondosol or China and Hongkong Post, and Mondosol and China and Hongkong Post and/or any third party designated by Mondosol or China and Hongkong Post shall retain all proceeds (if any) received from the disposal or liquidation of the GeSP Item. Mondosol or China and Hongkong Post may also elect to return to your Supplier any GeSP Items that Mondosol or China and Hongkong Post conclude are undeliverable. Mondosol shall not be responsible under either the Mondosol Money Back Guarantee or PayPal Purchase Protection policies if Mondosol concludes that a GeSP Item is not deliverable to your designated delivery address or to the collection center near you that is designated by the shipping carrier, for any reason, including because the delivery address that you provide is incorrect, incomplete, or inaccessible. In addition, certain third party shipping carriers may require that the designated recipient of a GeSP Item be present to receive delivery; where in-person delivery is required, you shall be solely responsible for ensuring that the designated recipient is available to receive delivery.
12. International Returns. The returns policy specified by Mondosol in the listing description of a GeSP Item will apply to your purchase of the GeSP Item. For GeSP Items located in the United States that you purchase under GeSP and that you return to your Seller, you will not be eligible for, and you will not receive, a refund of any Program Fees that you paid to China and Hongkong Post and China and Hongkong Post will not be responsible for shipping the GeSP Item back to your Supplier. Your rights under local law will not be affected.
13. Disclaimers. THE SERVICES ARE PROVIDED BY China and Hongkong Post, AN INDEPENDENT CONTRACTOR, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, Mondosol EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE SERVICES. IN ADDITION, Mondosol AND China and Hongkong Post EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO GeSP AND/OR ANY GeSP ITEM THAT YOU PURCHASE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF GeSP AND/OR ANY GeSP ITEM THAT YOU PURCHASE. NEITHER Mondosol NOR China and Hongkong Post SHALL BE RESPONSIBLE FOR ANY DISRUPTIONS OR DELAYS IN THE USE OF GeSP AND/OR SERVICES OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION OR DELAY. NEITHER Mondosol NOR China and Hongkong Post SHALL BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY PROGRAM FEES QUOTED BY China and Hongkong Post. Mondosol SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MISUSE OF PERSONAL INFORMATION THAT Mondosol HAS DISCLOSED TO China and Hongkong Post SO THAT China and Hongkong Post MAY PROVIDE YOU WITH THE SERVICES THAT YOU ARE REQUESTING UNDER GeSP.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, Mondosol AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, AND China and Hongkong Post AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLIED OR ANY OTHER FORM OF DAMAGES, LOSS, OR INJURY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF, MISUSE OF, OR RELIANCE ON GeSP, THE SERVICES, PURCHASED GeSP ITEMS, THE PROGRAM FEES QUOTED BY China and Hongkong Post, YOUR INABILITY TO USE GeSP AND/OR THE SERVICES, THE AVAILABILITY OF GeSP AND/OR THE SERVICES, AND/OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GeSP AND/OR THE SERVICES, INCLUDING DAMAGES INCURRED BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REGARDLESS OF THE PREVIOUS SENTENCE, IF Mondosol, China and Hongkong Post, OR ANY SUBSIDIARY, AFFILIATE, JOINT VENTURE, OFFICER, DIRECTOR, SHAREHOLDER, EMPLOYEE, OR AGENT OF Mondosol OR China and Hongkong Post IS FOUND TO BE LIABLE, THE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE APPLICABLE Mondosol MONEY BACK GUARANTEE OR PAYPAL PURCHASE PROTECTION POLICY UP TO THE FULL PRICE OF THE ELIGIBLE ITEM (INCLUDING SHIPPING AND IMPORT CHARGES THAT YOU PAID DURING CHECKOUT) OR (B) $100 USD.
15. Indemnification. You agree to indemnify, defend, release, and hold harmless Mondosol, China and Hongkong Post and the subsidiaries, affiliates, joint ventures, officers, directors, shareholders, employees, and agents of each of Mondosol and China and Hongkong Post from and against all losses, liabilities, damages, claims, penalties, fines or other costs, including reasonable attorneys' fees, made by any third party relating, due to, or arising directly or indirectly out of your use of GeSP, the Services, the exportation or importation of any GeSP Item, or any violation of these Terms, Mondosol's Policies, any law or regulation, or the rights of any third party.
16. Miscellaneous. Except as otherwise provided herein, these Terms sets forth the entire agreement between you and Mondosol and between you and China and Hongkong Post with respect to its subject matter. Mondosol's failure or China and Hongkong Post's failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held invalid, illegal, or unenforceable, the remainder of the provisions will continue in full force and effect.
17. Program Updates and Discontinuation. Mondosol has the right, but not the obligation, to alter, amend, replace, suspend temporarily, and/or discontinue permanently, GeSP, the name of GeSP, any of the Services, features, and/or functionality offered under GeSP, and/or the service providers used to provide any or all of the Services under GeSP, at any time, in its sole discretion, with or without notice to you.
18. Available Remedies. Without limiting other remedies, included those described elsewhere within Mondosol's policies, Mondosol may at any time, in its sole discretion, with or without notice to you, limit, prohibit, refuse, cancel, block, suspend and/or terminate your sale of GeSP Items if you violate any of these Terms, Mondosol's policies, or any applicable laws.
19. Term. These Terms, as may be amended from time to time, will remain in effect for a period of sixty (60) days following the delivery of the GeSP Item to the delivery address designated by you.
20. Effect of Termination. The following sections of these Terms will survive any termination: "Roles of the Parties," "Data Privacy," "Payment and Program Fees," "Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required," "International Returns," "Disclaimers," "Limitation of Liability," "Indemnification," "Miscellaneous," and "Term."
21. Amendment. Mondosol may amend these Terms, including applicable fees, at any time by posting the amended terms on the Mondosol site. Except as stated elsewhere, all amended terms shall take effect immediately and automatically when posted on the Mondosol site.