AGREEMENT FOR SERVICES AND US POSTAL ADDRESS
SERVICES AND GENERAL OBLIGATIONS
SERVICES IN GENERAL:
- This agreement is entered into by and between Portal Aereo de Mexico SA de CV dba "CDF - Compra Duty Free" (hereinafter referred to as "CDF) and You (hereinafter referred to as the "Customer").
- CDF will provide the Customer with a postal/street addresses, which will be assigned for his/her exclusive use in Miami-Dade County, State of Florida, (the "Suite").
- The CDF service consists of the receipt of mail and/or merchandise, screening, consolidation, forwarding and air shipment from Miami, Florida, USA to the home of the Customer in the country of Mexico, including final local delivery to the address as identified by Customer in the Registration Page (the “Delivery Point”), including all actions required for customs clearance.
- The Customer will inform CDF in writing (electronically) in the "Registration Page", which shall include the exact address where the mail and/or merchandise should be delivered.
- CDF its Customers the option to reject unsolicited mail and/or shopping catalogs ("Junk Mail"). Notwithstanding this, and in spite of our best efforts, we cannot assure that all unsolicited mail pieces will be removed by our screening process. Therefore, CDF shall not be deemed responsible for any billing resulting from the delivery of unsolicited mail to Customer and Customer agrees that CDF shall not be responsible for such costs.
- Customer acknowledge that CDF reserves the right not to accept any order for the CDF delivery service from You and/or to limit the number of orders that can be placed for the CDF delivery service by Customer.
PAYMENT AND COSTS:
- The Customer hereby authorizes CDF to charge the Customer’s Credit or Debit Card the following for the charges for the services:
- Freight expenses for shipment of documents (mail), magazines, catalogs or merchandise, according to the rates as established by CDF. These charges are based on airline charges, fuel and security charges and are subject to change without prior notice.
- Any applicable import duties, VAT taxes and other taxes and fees as set by the Mexican customs and fiscal authorities.
- Included in the costs of shipment damage and product loss coverage for the Customer’s objects and merchandise stored by and under control of CDF, limited to US $200.00 or equivalent in Mexican Pesos at the exchange rate of the date of the transaction. CDF liability is expressly limited to its obligations for handling the packages in Miami, Florida and for the courier services to the Customer’s address in Mexico, to a maximum of US$200.00 per consolidated shipment.
- The Customer acknowledges and accepts that CDF may, at its option, obtain insurance coverage in excess of that amount for the benefit of and at the expense of the Customer.
- Customer understands and agrees that any such coverage will be limited to no more than US $1000.
- The Customer acknowledges that it is responsible for obtaining insurance to cover values in excess of US$200
- CDF reserves the right not to insure certain products.
- If any questions arise concerning product insurance, please contact our Customer Service Center at 01 (800) 801 7977
REJECTED CREDIT CARD CHARGES
- CDF is not able to receive an approval from the Credit Card company or bank and the Customer has not provided another valid credit or debit card, the package shall be considered abandoned and shall become the property of CDF and at the sole option of CDF be discarded, sold or returned to the seller after sixty (60) days from its arrival to our facility in Miami, FL.
CONSOLIDATIONS OF YOUR PURCHASESCDF Offer the benefit of letting our customers consolidate their purchases and make one shipment under the following conditions:
- You must specify you want us to hold you parcels in Miami through our CDF web site until you instruct us to release them.
- We will hold your parcels a maximum of 21 days from the arrival of your first parcel. If you have not instructed us to release the parcels, we will consolidate whatever is in your hold box and ship them to you on the 21st day after the first parcel arrived.
- The will be a nominal fee per parcel consolidated to cover the cost of storage, pick and packing.
- Customs calculates the taxes due based on the total value of your consolidation. In the event your total purchases exceed $300, customs will assess an IVA tax of 16% on the total value of your shipment. CDF cannot be responsible if by through consolidation you exceed the $300 tax free allowance.
- CDF will charge the Customer the expenses with freight, any applicable insurance, customs rights, handling and shipment, as well as possible commission costs and other costs referred to above, if applicable, upon arrival of the merchandise or material to the assigned Suite.
- The payment for the product itself to the retailer shall be the sole and direct responsibility of the Customer.
- In accordance with Clause 10, CDF shall not be responsible for possible delays caused by expired, denied or void credit cards.
- The Suite number will only become activated for shipping to the Customer after the final credit card approval.
DOCUMENTS OF CHARGES AND COSTS:
- CDF will make available to the Customer, upon reasonable request and availability, documentation regarding charges and costs (fees and import duties and taxes) which are the subject of credit or debit card charges.
PERMIT AND AUTHORIZATION:
- The Customer grants CDF unrestricted power to accept mail, documents, merchandise or any other parcels addressed to the Customer.
- The Customer grants permission and authorization for CDF to perform the necessary procedures, such as opening and verifying the contents of packages to ensure complete orders, undamaged merchandise, completing postal or customs forms with the purpose of forwarding the mail, documents and/or merchandise to the final address as informed by the Customer. In addition, the Customer agrees to take any action or sign any document which becomes necessary to update or enhance said power.
- The Customer hereby agrees that CDF shall not be deemed responsible for any claims against CDF arising from the reception, handling, consolidation and/or shipment of mail, except when CDF has acted in a fraudulent or grossly negligent manner
CUSTOMER OBLIGATIONS CONCERNING AIR TRANSPORTATION:RESPONSIBILITY:
- The Customer hereby commits to accept the postal and import laws of his/her own home country and of the United States of America (USA). The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, jewelry, drugs of all kinds, etc.), or any other article which is forbidden by The Transportation Safety Administration (TSA) in the USA and by Mexican customs, other Mexican regulatory agency and postal authorities.
- The Customer is solely responsible for knowing all rules and restrictions before ordering shipments through CDF. CDF shall not be deemed responsible for merchandise loss due to customs seizure. ii. CDF reserves the right not to forward and to refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to CDF. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to CDF all required documents for such licensing in accordance with CDF required timescales. In cases where CDF has not received the documents and the license required to proceed with a given shipment, CDF shall notify the Customer to provide them within five (5) days.
- In case the missing documents are not supplied within such time, the goods will be retained and stored for 60 days.
- After 60 days, if no required documentation and/or information is provided, the merchandise will be subject to the procedure as set forth in Clause.
- In addition, the Customer hereby authorizes, Portal Aereo de Mexico SA de CV, the logistics provider, to inspect, open and repack every package which it will come to handle as part of this Agreement, and CDF shall not be deemed responsible for any additional requirement as stated in any applicable law.
IMPORT TAXES AND OTHER TAXES:
- The Customer shall be responsible for the payment of all taxes and customs rights for the customs clearance of the freight/package in Mexico. CDF will provide all required procedures for the customs clearance of the products coming from the Customer’s Suite, and will charge the Customer’s international credit or debit card or, at its sole discretion, or will submit a bill for the Customer to pay locally.
- Please, review our Frequently Asked Questions (Pricing, Customs) for additional information on customs taxes.
FLORIDA SALES USE TAX:
You must use this address to avoid the Sales Use Tax:
- Your Name
- Your Suite No. Assigned
- 7701 NW 15 Street
- Miami, FL 33106-4800
- CDF has no control over the merchants you shop with that may not have current tax rate tables. CDF assumes no responsibility in the event that a merchant charges you the Florida Sales Use Tax and the Miami Dade County Sales Use Tax.
- If you notify our Customer Service at email@example.com (link sends e-mail) and provide a scanned copy of the invoice from the merchant, as a courtesy to you CDF will attempt to notify the merchant of the sales tax exempt designation.
- CDF does not guarantee that the merchant will refund you the sales tax charged or change its database for future purchases.
- You MUST specify that you use CDF address at 7701 NW 15 St. Miami, Fl. 33106 as your US Sales Tax Free Address and that you have been informed that purchases sent to this address for international forwarding are exempt from the Florida and Miami Dade County Sales Use Tax.
- As a result of this tax exemption, CDF cannot permit shipments to be sent to the Tax Free address for pick up by you or for forwarding to another address in the United States.
- All shipments received at the Tax Free Address must be shipped to your address in Mexico as provided by you upon registration. Shipments that cannot be shipped to your address in Mexico will be sent back to the merchant.
- Shipments arriving at the 7701 NW 15 St Miami, Florida 33106 that cannot be shipped internationally will be returned to the sender or merchant. A handling charge of US$10.00 per shipment will apply.
RETURN OF YOUR PURCHASE BACK TO THE MERCHANT:
- CDF can arrange to return your package under the following conditions:
- You obtain a Return Merchant Authorization (RMA) label that you stick on the parcel being returned
- You pay a nominal fee for the pickup from your home to our Retrun Center in Monterrey, MX.
- The merchant offers free return service in the USA. If not CDF will have to charge you the cost of the domestic return charged by the US carrier designated by the merchant
- In the event customs taxes/duties were paid by you, CDF cannot reimburse you
- Return Service is a benefit we offer to our customers and we pass along to you our return costs charged by the express carrier with no markup.
DELIVERY SERVICE TO DESTINATION:
- CDF will receive, screen and forward to the Customer’s local address in Mexico the products or documents shipped to his/her Suite in Miami.
- The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by CDF to his/her Credit or Debit Card, as set forth in Clause 2 herein.
- In case the merchandise would arrive at the CDF warehouse in Miami without an accompanying invoice, where applicable, CDF will request the invoice from the Customer.
- When no invoice is available, CDF reserves the right to issue an estimated pro-forma invoice based on the value as established by the seller or a similar store, and will proceed with the shipment processing with such a pro-forma invoice.
- The Customer shall indemnify CDF for any losses or damages it might suffer resulting from the issuance of said pro-forma invoice, including court and legal fees, even if the estimated invoice bears a value which is higher than the amount actually paid by the Customer for the merchandise.
RECEIPT AND DELIVERY GUARANTEE:
- Shipments shall be processed within an average lead time of 2 working days from their arrival date in Miami, Florida, USA, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the credit card is valid.
- Dates and times for delivery or performance by CDF are estimates only and CDF - shall not be liable for any loss, damage, cost or expense caused directly by any delays in delivery.
- You may not terminate this Agreement by reasons of any delay in delivery. You also acknowledge that CDF may deliver early.
- CDF shall not be responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airlines, customs or documentation. CDF - will attempt to deliver the merchandise to the final destination as determined by the Customer as many as two (2) times.
- After the second unsuccessful try, the product will be retained at our local facilities in Mexico for a period of 60 days.
- After that time length, the package will be considered as abandoned and will become the property of CDF and may be discarded. In such circumstances, the Customer shall not be entitled to any refunds in respect of any charges already paid to CDF after receiving notice of attempted delivery.
- Customer should contact our Customer Service Center at 800-XXX-XXXX to re-schedule a delivery. Additional charges may apply if the parcel is returned to our Return Center as undelivered after 2 attempts of delivery have been made.
- Customers must ensure that the Chinese merchant is instructed to ship your purchase via China Post’s ePacket Service. Their Standard Service will take over 60 days and will be tendered by them to SepoMex when it arrives in Mexico.
- If ePacket Service is not used, your package may take up to 60 days to arrive at your Miami address
- Using ePacket Service from China to your US address will normally take 9 to 12 days from placing your order with the merchant if he ships via ePacket Service
- Once we receive your purchase from China, we will notify you by email on date of receipt and CDF will take responsibility to transport the package to you, clear customs and deliver to your home.
CLAIMS FOR LOSS OR DAMAGE:
- Claims for lost or damaged merchandise must be filed within 30 days of shipment. Claims are considered filed when fully completed claim form, photographs, and receipts are received by CDF. Claims are reviewed individually and this review process will take approximately eight weeks.
- Specific commodities have limits of liability in case of loss or damage including televisions, computers, electronics, jewelry, figurines, furniture and lighting regardless of Declared Value or Insurance paid.
- Claim liability for damage is limited to the lesser of either Declared Value, Proof of Purchase or Specific commodity liability limit. Claim liability for damage to items prepackaged by manufacturer will be limited, including all such commodity groups listed above.
- Failure to file a completed claim within the 30 days time limit set forth above will invalidate the claim
DENIAL OF RESPONSIBILITY FOR THE PRODUCTS:
- CDF shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in shipment to the Suite by the supplier.
- Title to the product(s) you order from a Supplier directly, shall at all times after the moment of your purchase/order placement from the Supplier will remain with you, including while in CDF’s possession
RESPONSIBILITY FOR AIR TRANSPORTATION:
- CDF shall act only as a courier.
- CDF will ship the products which are received at your Suite on behalf of the Customer to your Delivery Address in Mexico as provided by the Customer in the "Registration Page."
NON-COMMERCIAL USE INTENT AND COMPLIANCE WITH U.S. EXPORTS AND SANCTIONS LAW(S)
- The product(s) ordered is intended for non-commercial use, and purchase of any of the product(s) for resale purposes is prohibited.
- There is a maximum limit of US$1000 total value per shipment.
- Further, by agreeing to these terms and conditions, you are certifying that any items purchased using CDF Sales Tax Free Address- will not be exported, sold, or transferred in violation of the Export Administration Regulations administered by the Bureau of Industry and Security of the U.S. Department of Commerce, or other regulations or applicable United States-imposed Sanctions, embargoes and other limitations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
POWER OF ATTORNEY AND APPOINTMENT OF CDF
- AS CUSTOMER'S AGENT: CDF Customers must appoint CDF as the agent for the CDF - Customer for the performance of customs clearance, preparation of shipping documents, with full power of attorney to act as such an agent of the CDF Customer to the extent allowed by law for the specific purposes enumerated in this Section, including without limitation preparation of a certificate of origin, an SED, airway bill or any other document required to ship merchandise to Customer.
- If a Shipper's Export Declaration (S.E.D.) is required, or preparation of a Certificate of Origin for goods manufactured and originating within the United States on behalf of the CDF Customer when one is required, CDF will file the required export information on behalf of the CDF Customer as its agent pursuant to this section.
- The CDF Customer must acknowledge that it has a duty to and is solely liable for providing all information required by United States' laws and regulations, including without limitation, information required by 15 CFR sec. 30 and maintaining all records as required under the customs or other government agency laws; CDF assumes no responsibility to act as a record-keeper or record-keeping agent for the either the Customer or the USPPI.
- The Customer is responsible to supply to CDF all information regarding the USPPI, including its name and employer identification number (EIN), and the ECCN, Schedule B classification and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Statistics Regulations (FTSR).
- Some manufacturers or some of the supplier may restrict the sale of certain of the products they produce or sell to buyers located outside the United States.
- In such cases, your order may be cancelled at the sole option of such Supplier in the event that the Product(s) you order cannot be shipped to Mexico, or if we believe, in good faith, that shipping the order will violate any laws.
- CDF will not ship to persons and /or entities identified on any U.S. Department of Commerce Denied Persons List, Entity List of Proliferation Concern, on the US State Department Debarred Parties List or the Designated Nationals exclusion list, the BIS "Unverified List" and the "List of Specially Designated Nationals" maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; nor will CDF or its Authorized Export Agent ship the Product(s) to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
RETURNS OF MERCHANDISE:
- You agree to contact the Supplier only for written return authorization (RMA-Return Merchandise Authorization No.) before refusing to accept, or returning, any of the product(s) you purchase using this website.
- CDF offers returns from Mexico at a small fee. Please contact our Customer Service Center to arrange for return service back to the merchant.
- Unless otherwise stated, if a return is authorized by the Supplier in question, you agree to pay for any shipping and handling costs incurred by CDF in shipping the Product(s) being returned to the Supplier in question.
- CDF offers return service from Mexico to the merchant in the USA, but if the merchant does not offer free returns in the US, a charge will apply from the merchant.
- CDF will provide you with information and instructions on where to make your return parcel available for return to the Supplier.
- Any refund for any of the Product(s) returned shall be the obligation of the Supplier and you agree not to look to CDF for any reimbursement to you for the original sales prices of the Product(s) returned or the cost of any unrecoverable charges (such as shipping, insurance, handling, packaging, customs duties and the like).
- No return will be accepted by CDF if payment has not been made by you.
- Any request for reimbursement of duty and/or taxes paid for orders shipped to you must be made directly by you with the revenue authority and/or customs office in Mexico.
- If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- CDF reserves the right to refuse service, terminate accounts, remove or edit content.
- The Customer shall indemnify and keep indemnified CDF at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis), customs fines, tax or complaint for damages, brought by a third-party against CDF as a result of the shipment to the Customer, so that CDF will be held harmless.
ALTERATIONS IN CHARGES/COSTS:
- The listed charges are subject to change without prior notice.
- We will make every effort to notify you by email of any rate changes before they become effective.
- Unless this Agreement is terminated pursuant to Clause 15, this Agreement shall remain in effect for one year from the date of registration, and subject to payment of the Annual Fee (if applicable) will be automatically renewed for successive one-year terms thereafter.
- This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means of electronic notice to the other.
- In addition, you agree that CDF can take whatever steps it deems necessary to deal with any breaches or suspected breaches of this Agreement, including without limitation, restricting, suspending or terminating all or any of the following (1) this Agreement (2) your registration with CDF or (3) any delivery under this Agreement (all at no or short notice).
- CDF shall not be liable in any way for loss, damage or expense arising directly or indirectly from any hindrance, failure or delay in performing any of its obligations under this Agreement that is caused by an action or omission of the Customer or other third party providing goods or services to the Customer or by any circumstance beyond the Customer’s reasonable control, which shall include difficulties with airlines, customs or documentation, war (or other action of military forces), terrorism, riot, civil commotion, sabotage, vandalism, accident, breakdown or damage to machinery or equipment, acts of God, fire, flood, severe weather conditions, extreme traffic congestion, strike, lock-out or other industrial disputes (whether or not involving employees of CDF), legislative or administrative interference or national crisis (each an “Event of Force Majeure”). If an Event of Force Majeure continues for more than a period of 30 days CDF shall be entitled at its discretion to perform, suspend performance of, and/or terminate this Agreement.
LAW, VENUE, JURISDICTION, ARBITRATION:
- This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of Miami-Dade County, State of Florida, United States of America.
- Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which cannot be reconciled, they shall be settled by arbitrators named by the Customer and CDF.
- Each party will select one arbitrator and they, in turn, will name a third arbitrator.
- In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter.
- The Arbitration process will be governed by the ICC Code. This clause shall not prevent CDF from being entitled, at its option, to choose to pursue any debt or other claim against the Customer in a court of competent jurisdiction, rather than via arbitration.
- The parties agree that for such purpose the parties irrevocably submit to the nonexclusive jurisdiction of the Courts of Miami-Dade County, Florida, USA.
- Notice of service cancellation and termination by CDF shall be made by written notification to the Customer’s last known email address.
- Notice of service cancellation and termination by Customer shall be made solely by electronic means through the Company’s website at www.CDFattencionacliente@CDF.COM.
- In case you wish to submit any other document, notice, comment, suggestion, you can also use the website www.Info@CDF.COM.MX . for other purposes the CDF administrative office address is:
Portal de Aereo de Mexico SA de CV DBA CDF - Compra Duty Free
- ATTN: Customer Services
- CDF-Compra Duty Customer Service Center
- Portal Aéreo de México, SA de CV
- Río Balsas 114
- Col Roma
- Monterrey, NL, CP 64700
- Teléfono: 01 (800) 801 7977
- CDF and Customer consent to the delivery of information and documents pursuant to this Agreement via electronic means including email, messages generated through the CDF website, fax messages at the email and/or other addresses specified by the Customer in the process of registration and available through the CDF website. CDF and Customer agree that any such electronic delivery of such information or documents shall have the same effect as physical delivery of physical copies thereof and constitute the execution of the above documents in written form.
- CDF and Customer agree that the on-line acceptance of registration requirements, this Agreement and provision of the Customer’s consent to submit CDF with their personal data (according to the applicable laws) on the CDF website required in order to become the Customer of CDF constitute the execution of the above in written form by providing equivalent of a Customer’s handwritten signature.