Terms and Conditions

Terms and Conditions:

These terms and conditions explain (GNS) obligations to you and your obligations to (GNS) and they govern your use of the (GNS) website, the use of your (GNS) account, and the (GNS) services provided to you. By registering for a (GNS) account, you are entering into this legally binding user agreement with (GNS) on behalf of yourself and/or the entity you represent. You acknowledge and agree that you have read and will comply with all of these terms and conditions. In these terms and conditions, the terms ‘you’ and ‘your’ refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms ‘we’ ‘our’ and (GNS) refer to GNS Singapore Pte Ltd. and its vendors and/or its third party suppliers.

1. Acceptance.

You agree that by register for a (GNS) account is valid and equivalent to signing a hard-copy printed agreement between you and (GNS) You may decline the terms and conditions, but if you do so, you will not be able to open an account or use (GNS) services.

2. Account Creation.

To register to use (GNS) services, you need to provide (GNS) with a current, valid e-mail address, your street address, and contact phone numbers. You certify that the information you provide is accurate and that you will update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes.

3. No Transfer of Account.

You may not transfer your (GNS) account or your account login/password to any other person. You agree to keep your (GNS) password confidential, to safeguard it and your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the (GNS) website and of your (GNS) account made under your login and password.

4. Privacy; Data Protection.

In order to provide quality services to you, we collect certain personal information about you, including but not limited to your name, address, e-mail address and telephone numbers. Our website also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalise your experience as a (GNS) customer. Our information practices are subject to (GNS) Privacy Policy. The information you submit when opening a (GNS) account and when you transact business via the (GNS) website may be transferred to, stored in and/or processed in Countries where we are being represented or any other country when such transfer, storage and/or processing are necessary to provide (GNS) services to you. By opening a (GNS) account, you consent to the transfer, storage and/or processing of that information in such countries. If you object to your information being transferred, stored or processed in this manner, or if you object to the use of cookies or to our Privacy Policy, please do not use (GNS) services.

5. Your Use of the Website.

You may not use the (GNS)website or (GNS) services for any unlawful purpose. We reserve the right to terminate or restrict your access to your (GNS) account and your use of (GNS) services if, in our opinion, your use may violate any laws, infringe upon another person’s rights, or breach the terms of this Agreement.
You may use the (GNS) website and (GNS) services solely for your personal use, including your friends and family members or for use by the business entity you represent. If you intend to resell products you receive via (GNS) services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable restrictions on resale required by the merchant.
You may not offer for sale, resell, market, distribute, create a database from, or otherwise commercially exploit in any manner any of the content on the (GNS) website or information generated using the website.

6. Infringement; Counterfeit goods

We respect the intellectual property rights of others, and we make efforts not to publish any material that is subject to third party copyright, trademark or other legal protections.(GNS) takes seriously the problems caused by Internet advertising and sale of counterfeit goods – or fake products. Counterfeit goods are imitations of well-known brands and they are often difficult to distinguish from the genuine product – particularly in online ads where you don’t have the chance to examine the goods themselves. While we make every effort to ensure that our service is not used for the sale of counterfeit goods, and we carefully select the merchants and products linked to our websites, we cannot guarantee that every item advertised and/or delivered through our cross-border shopping service is 100% authentic. But we do commit to investigate all problems
If you are the rightful owner of a trademark or other intellectual property, and you know or suspect that your rights are being infringed by the advertising of counterfeit goods on any (GNS) website and/or the shipment of such goods through our international delivery services, please file your complaint with us.
After we receive your complaint, we will conduct an investigation. If we determine that counterfeit goods infringing your rights are indeed being advertised and/or distributed through (GNS), we will take appropriate action such as:
– removing the ad for the infringing product
– prohibiting the merchant of the infringing product from advertising on (GNS) websites
– disabling the customer’s account if the customer is knowingly importing counterfeit goods using (GNS) services
– notifying law enforcement authorities

7. Other Websites.

(GNS) is not responsible for the content or accuracy of information obtained from any third party website which may be linked to the (GNS)website, or which you may access from this website.

8. Limitation of Liability.

In no event will (GNS) be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your (GNS) account or the (GNS) website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during international shipment, (GNS) maximum liability, and your exclusive remedy with respect to any errors in (GNS) services provided to you under this agreement, is limited to US$25.00 (or equivalent) per incident.

9. Modification of (GNS) Terms and Conditions.

We may modify these terms and conditions at any time without notice. Your continued use of your (GNS) account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.

Your purchase of products from merchants

10. Ordering Products.

You place an order with an online merchant, either through links on this website or directly from the merchant’s website, or via our Concierge Service. You will pay the merchant directly for the product and the cost of domestic shipping (if applicable), for delivery to your (GNS) address. You agree to comply with any conditions and restrictions of sale which are specified on the merchant’s website or which you are notified of during the purchase process.
If the merchant does not or will not accept your international payment method, you may use our Concierge Service for a nominal fee. Concierge Service places the order for you in your name as the ‘purchaser,’ according to the instructions you provide, and pays for the purchase on your behalf.
a. Your purchase of a product through our Concierge Service is a transaction solely between you and the merchant, even though we assist you by placing your order and making payment on your behalf. We make no representations, warranties or guarantees regarding the quality or suitability of the products you order through the Concierge Service. We are not responsible if the merchant fails to fulfill the order, ships the wrong product, or any other failure of the product to meet your expectations and you will not hold (GNS) from any liability. You will need to contact the merchant directly regarding such discrepancies.

11. Correct Addressing.

You will take all reasonable measures to ensure that the products you order are correctly addressed to your (GNS) address, including your name and exact account number. Additional handling fees in identifying the recipient may apply if your package was incorrectly or inadequately addressed.

12. Purchase Transaction Solely Between You and the Seller.

(GNS) provides services enabling you to shop online from merchants’ websites in another country and have products delivered to you in your home country; however, (GNS) does not sell the products to you. You are solely responsible for selecting and ordering the products from the merchant, and your purchase of a product is a transaction solely between you and the merchant.
a. (GNS) makes no representations, warranties or guarantees regarding the quality or suitability of the products you order.

b. We have no liability for any failure of a seller to ship to your (GNS) address or to fulfill your order, or for any defects in any product you purchase, or any injury or damage that any product may cause, or for any other failure of the product to meet your expectations.

c. We do not handle communications with sellers regarding product exchanges. That is your responsibility. We will, upon your request, arrange for the return delivery of item(s) ordered from the seller if the goods are still at your (GNS) address. Applicable return charges will apply.

d. If after delivery to you, you determine that any product is defective or does not otherwise meet with your expectations, you agree that you will not hold (GNS) from any liability and will seek any remedies solely from the seller. See Section 30 for return procedures.

Receipt of packages at your (GNS) address

13. Our Receiving Procedure.

We will in good faith receive packages delivered to your (GNS) address. We will notify you when they are received, advise you of the actual cost of duties, taxes and international shipping/handling, and seek your instructions for shipping or storage of the packages. We will not accept parcels or packages delivered on a COD (Cash On Delivery) basis. You are the only person authorised to pay for and release the shipment, including releasing any packages addressed to your friends or family members.

14. Loss or Damage of Products in Transit to our export facility.

(GNS) will not be liable for products lost or damaged in transit from the merchant to the (GNS) export facility. We reserve the right to refuse delivery at the (GNS) export facility if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, we will return the product to the sender and will notify you.

15. Inspection of Packages.

(GNS) has the right (upon receipt, during storage, or in preparing for export shipment) to open and inspect any package, or part thereof, for security purposes and to verify compliance with export and import laws and to confirm the product description and other information you supply, without prior notice and without liability to you. However we have no duty or responsibility to inspect packages for non-obvious damage or breakage, and we do not accept responsibility for the accuracy of product descriptions and other information provided by you.
If we discover that the description of the contents of the package or other information you supply is not accurate, then, depending on the specific situation, we may request you to provide additional documentation about the contents and/or their value, or we may refuse to ship it (you will be notified),or we may correct the information.
We may repack a product to reduce the bulk or the weight of the package, but we do not open any inner sealed, shrink-wrapped or ‘designer’ packaging.

16. Prohibited Items.

(GNS) will place on ‘hold’ all products that are restricted or prohibited for export or import to the destination country. Additionally, any product deemed unsafe for international transportation will be prohibited for shipment and placed on hold. See sections 24 and 25 below. After you have been notified of the ‘hold’ status, we will, at your request, arrange for the item to be either returned to the merchant, or disposed of. Applicable charges will apply. You will have 14 days to advise disposition of the product. If you have not responded to our notification within 14 days, the product may be destroyed.
Products that cannot be legally sold (such as illegal drugs) cannot be returned to the merchant or shipped to an alternative address. They are subject to seizure by law enforcement authorities, who may investigate further.

Storage at the (GNS) export facility

17. Storage of Packages; Storage Charges After 30 days.

We will store packages for you, free of charge, for a period of up to 30 days from the date received at your (GNS) address. We will send you a reminder before your 30-day free storage period expires.
a. After 30 days, we will store packages but only for a maximum of another 30 days. There will be a storage charge of CNY 20 (or SGD 5.0 at our import facility) per day, which will be payable by you at the time of requesting shipment. We will send you a reminder before this additional paid storage period expires. Any package for which you have not given us shipping instructions by the end of a total of 60 days (30 days free + 30 days paid storage) will be deemed abandoned, and we may dispose of it in any manner permitted by law.

b. Should you determine that you no longer wish to ship items stored in your suite, for whatever reason, you are entitled to request their disposal. Where products can be returned to the merchant, (GNS) will arrange this at your cost. Any correspondence required with the merchant must be conducted by you. If the products cannot be returned to the merchant, (GNS) will arrange disposal. Please contact us any storage costs incurred by you remain payable.

18. Unidentified Recipients.

Occasionally we receive packages where the appropriate recipient cannot be identified, e.g., the customer name and/or the suite address may be missing or mis-stated. If you have ordered a product and there is an unusual delay in receiving notification from (GNS) that there is a package waiting for you, you should contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is there. Additional handling fees in identifying the recipient may apply if your package was incorrectly or inadequately addressed.
Any goods received at our export facility for which an owner cannot be determined (after we have made reasonable investigative efforts) will be held for 90 days. If they remain unclaimed after 90 days, (GNS) will have the right to dispose of them in any manner permitted under applicable law.

International shipment and delivery

19. Shipment of Packages.

When you request packages to be shipped, and you have paid the total cost specified in your ‘Shipment Release’ form – including all duties, taxes, shipping, any fuel surcharge required by our delivery company, any country-specific customs or import fees, and any applicable handling charges and storage costs, (GNS) will arrange international shipment and deliver the packages to the delivery address you specify.

20. Appointment of (GNS) as Agent.

You appoint (GNS) to act as your agent to manage all export, import and customs clearance procedures and to ensure that customs duties and taxes are paid to the relevant customs and tax authorities. (GNS) will perform these functions based on the information you provide and, accordingly, (GNS) will not be responsible or liable for any additional duties or taxes that are assessed if the information you provide to us is inaccurate or incorrect.

21. Accurate Contents and Value Declaration. Payment of duty and tax

An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws (see also sections 24 and 25). To help reduce the incidence of errors, we will frequently request a copy of the merchant’s invoice or order confirmation establishing the price paid for your goods. However, you are solely responsible for the correctness and accuracy of all information you provide to (GNS) regarding the contents of your package and the value. You agree to indemnify and hold (GNS) harmless from any liability for any under-declaration of value or other misrepresentations you might make. You acknowledge that:
a. Packages may be inspected at any time by export and import authorities. Packages with misleading product descriptions or under-declared valuations may be delayed by the relevant Customs authorities, who may dispute and correct the declaration – in which case, you might possibly have to pay additional duty, fines or penalties.

b. Assuming you have provided accurate information for the customs declaration and Customs does not dispute the value, the amount of tax and duty actually charged by your country’s Customs authority may differ from the amount you paid us. Here’s why:
– Tax and duty are based on the “dutiable value” of the goods. We calculate the tax and duty as accurately as we can, after your package is inspected, weighed and measured, and ready for dispatch at our export facility. You pay us those calculated amounts of tax and duty, along with our shipping charge, when you release your shipment. Your (GNS) invoice includes a breakdown of the shipping charge, tax, and duty.
– We arrange payment of the duty and tax to local Customs authorities on your behalf. The actual tax and duty paid sometimes turns out to be higher or lower than the amount we calculated, for a number of reasons. For example, the Customs authority in your country may assign your goods a different customs code from the one we used; or Customs may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of our calculation and the time the tax and duty is paid to Customs authorities. In such situations, you will not receive a refund or be charged extra for the difference; this is due to the administrative time and costs that such arrangements would require.

22. Shipping Charges.

You are responsible for payment of all actual international shipping and handling charges, even if they differ from the original estimated cost.
a. Volumetric weight may apply on bulky, lightweight packages. Volumetric weight is calculated by multiplying height by width and length (in cm) and dividing by 6000 to produce a weight expressed in kilos.
b. Your final cost will include any applicable country-specific government-mandated clearance fees in addition to duty, tax, shipping, and fuel surcharges if applicable.

23. Delivery.

a. (GNS) will make every reasonable effort to deliver the shipment to you according to the delivery company’s regular schedules, but these are not guaranteed and do not form part of the agreement between us. (GNS) is not liable for any damage or loss caused by delivery company delays.

b. Shipments can be delivered directly to most addresses (except post office boxes). However, in certain remote areas, you may be need to pick up your package from our warehouse.

24. Compliance with Law: No Illegal Materials or Prohibited Goods.

You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use (GNS) to receive or send prohibited items, illegal, hazardous or dangerous materials, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), export control laws and regulations, import or customs regulations, or any of the laws or regulations of any applicable government department or other relevant organization, or controlled substances.
Goods are unacceptable for shipment if we decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography and illegal narcotics/drugs).

25. Export and Import Compliance.

You acknowledge and agree that:
i. You will comply with all applicable export and import laws and regulations;

ii. (GNS) will at all times comply with all applicable export and import laws, and we will refuse to ship any package which we know or have reason to suspect is in violation of such laws;

iii. We will refuse to ship any item that requires an export or import license;

iv. You will not use or attempt to use (GNS) to receive or send:

a. any items that are specially designed, modified, adapted or configured for a military application; or
b. any products that are intended to be used in chemical biological weapons, missile technology or nuclear proliferation.
You will be liable and agree to indemnify (GNS) for any costs, penalties or fines which may be incurred if any shipment is found to violate any of these conditions and for any legal costs that (GNS) incurs in connection with such violations. (GNS) will have the right to terminate your account and your use of (GNS) services if you violate any of the above agreements and acknowledgments.

26. Limited Liability for Lost or Damaged International Shipments.

Every package shipped internationally from the (GNS) export facility is transported on a limited liability basis, relating to direct loss only and subject to the limits specified US$ 25.00 per shipment. All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest or future business).
Refunds, returns, claims

27. Lost or Damaged International Shipments.

In the case of loss or damage to all or part of a shipment, (GNS) will refund the shipping charges for the affected package and US$25.00 per shipment by the same method as you used in paying for our services where possible. Where this is not possible we will issue a credit to your account that will be applied to your next shipment.

28. Duty and Taxes.

If by chance duty and taxes have not been submitted to the relevant authorities at the time of loss or damage, (GNS) will refund duty and taxes by the same method as you used in paying for our services where possible. Where this is not possible we would issue a credit to your account that will be applied to your next shipment. If duty and tax have been paid at the time of loss or damage, we will attempt to obtain a refund for you, although this is usually not possible.

29. Making Claims.

Any claims for loss or damage must be made to (GNS) within 14 days from the date of delivery of the package to you, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item.

30. Product Returns or Exchanges.

If after delivery to you, you wish to return an item to the merchant from which you purchased it, you will need to make direct arrangements with the merchant as soon as possible for any return, refund, or exchange of items in accordance with the merchant’s terms and policies. We will, upon request, help to arrange return shipping to the merchant from you, at your cost. The original customs duty and tax cannot be recouped when returning an international shipment back to the merchant.
General

31. Modification of (GNS) Services.

We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination

32. Termination.

You may terminate this agreement and your use of your (GNS) account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.

33. Circumstances Beyond Our Control.

(GNS) is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to (GNS) and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.

34. Indemnification.

You agree to indemnify, defend and hold (GNS) and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable attorney’s fees) incurred by (GNS) which result from your use of the (GNS) website and (GNS) services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtaining (GNS) services, any miss-declaration of contents or value or packages for export/import purposes, and/or your failure to comply with these terms and conditions.

35. Entire Agreement.

These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the (GNS) website, your use of your account, and the provision of (GNS) services. Any other written or oral statements are superseded and of no effect.

36. Governing Law.

This agreement is governed by the laws of Singapore, without regard to conflict of law principles.
Updated October 2016