Policies

Terms & Conditions for BorderJump Service

By placing this order you are agreeing to be bound by the purchase terms & conditions below (the "Agreement") with respect to this specific purchase (the “Transaction”) and to your participation in the services described in this Agreement (the “Service”):

  1. Nature of Transaction. BorderJump, LLC (together with its affiliates, including BorderJump Limited, "BorderJump") contracts with sellers in the U.S. ("sellers") to provide their merchandise to consumers living outside of the U.S. ("you") and to provide you with an opportunity to purchase such merchandise using your local currency (a “Payment Transaction”). In addition, your merchandise may ship internationally by means of our logistics partner Aeropost International Services, Inc. (together with its affiliates, “Aeropost”). You will make payment by means of a credit card, debit card, or other method previously approved by BorderJump in its sole discretion (“Payment Instrument”). By placing this order, you acknowledge that upon successful verification by BorderJump of the authenticity and sufficiency of the Payment Instrument, your purchase will be processed. You acknowledge that your order will not be placed and that no merchandise will be sent to you until BorderJump has verified the authenticity and sufficiency of the Payment Instrument.
  2. Requirements. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service. You authorize us to confirm that your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the issuing financial institution of the Payment Instrument. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Service. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
  3. Representations. By agreeing to this Terms of Service for Buyers, you represent that you are:
    • 18 years old or older; and
    • capable of entering into a legally binding agreement.
    If you are a business entity, you also represent that you are:
    • duly authorized to do business in the country or countries where you operate; and
    • your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to this Agreement
  4. Payment Transaction Processing. The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between you and a seller. BorderJump or its credit card processing or logistics partners will store information from you, such as Payment Instruments and shipping information, and will process Payment Transactions on your behalf through the appropriate credit card or debit card network. BorderJump may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Agreement, or other applicable BorderJump policies, as determined in BorderJump’s sole and absolute discretion. You authorize the charge or debit to your Payment Instrument as necessary to complete processing of a Payment Transaction, and you also authorize the crediting to your Payment Instrument in connection with reversals, refunds, or adjustments through the Service. You acknowledge and agree that your purchases from sellers using the Service are transactions between you and the seller, and not with BorderJump or any of its affiliates. BorderJump is not a party to your purchase from any seller, and neither BorderJump nor any of its affiliates are a buyer or a seller in connection with any Payment Transaction. Your payment will be billed by BorderJump, BorderJump will be the merchant of record and charges will be accompanied on your credit card statement by the descriptor "BorderJump”.
  5. Compliance with U.S. Exports and Sanctions Law(s). By agreeing to these terms and conditions, you are certifying that any items purchased as part of the Transaction will not be exported, sold, or transferred in violation of the U.S. Export Administration Regulations, U.S. Department of Homeland Security Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury.
  6. Billing Timing. Billing will occur according to the standard billing practices of the seller.
  7. Brokers. If BorderJump’s shipping services are part of this Transaction, you hereby authorize a licensed customs broker chosen by BorderJump to act as your agent and transact business with foreign revenue authorities to clear your merchandise, and account for duties and taxes on your behalf. You acknowledge that merchandise will not be released to you until you pay all applicable customs duties and fees.
  8. Limitations on the Use of Service. We may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice to you. We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service). We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Agreement arising before or after such suspension.
  9. LIMITED WARRANTY BY SELLERS AND LIMITATION OF LIABILITY. BORDERJUMP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE SELLERS TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEB SITES AT THE TIME OF YOUR PLACEMENT OF ORDER IN CONNECTION WITH THE TRANSACTION. YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE SELLER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. BORDERJUMP DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY IMAGE, DESCRIPTION OR SPECIFICATION ON ANY SELLER’S WEBSITE OR OTHERWISE PROVIDED BY ANY SELLER. BORDERJUMP PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE YOU PURCHASE AS PART OF THE TRANSACTION. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BORDERJUMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT BORDERJUMP AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE YOU PURCHASE FROM SELLER. YOU FURTHER AGREE THAT BORDERJUMP AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SELLER’S MISUSE OF YOUR PERSONAL DATA. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERJUMP OF THE POSSIBLITY OF SUCH DAMAGES.
  10. LIMITED WARRANTY AND LIMITATION OF LIABILITY. BORDERJUMP PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF MERCHANDISE AS SET FORTH AND LIMITED BY THIS SECTION. YOU ACKNOWLEDGE THAT BORDERJUMP, AEROPOST OR ANY OTHER LOGISTICS PARTNERS OF BORDERJUMP SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF MERCHANDISE YOU PURCHASE, UNLESS CAUSED BY BORDERJUMP DURING THE STORAGE, HANDLING, OR DELIVERY OF THE MERCHANDISE FOLLOWING ITS RECEIPT BY BORDERJUMP, AEROPOST OR ANY OTHER LOGISTICS PARTNERS OF BORDERJUMP. BORDERJUMP, AEROPOST OR ANY OTHER LOGISTICS PARTNERS OF BORDERJUMP SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY MERCHANDISE YOU ]PURCHASE FROM SELLER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE MERCHANDISE CANNOT BE SHIPPED TO YOU. IN ADDITION, NONE OF BORDERJUMP, AEROPOST OR ANY OTHER LOGISTICS PARTNERS OF BORDERJUMP SHALL HAVE ANY LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, THE COLLECTIVE LIABILITY OF BORDERJUMP, AEROPOST AND ANY OTHER LOGISTICS PARTNERS OF BORDERJUMP SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD$2,500.00, WHICHEVER IS LESS. BORDERJUMP, AEROPOST OR ANY OTHER LOGISTICS PARTNER OF BORDERJUMP SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE MERCHANDISE WAS NOT RECEIVED BY BORDERJUMP, AEROPOST OR ANOTHER LOGISTICS PARTNER OF BORDERJUMP FROM THE SELLER AT ONE OF THEIR RESPECTIVE FACILITIES IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU AT THE APPLICABLE FACILITY OF BORDERJUMP, AEROPOST OR ANOTHER LOGISTICS PARTNER OF BORDERJUMP IN YOUR COUNTRY, OR WAS NEVER IN THE PHYSICAL POSSESSION OF BORDERJUMP, AEROPOST OR ANOTHER LOGISTICS PARTNER OF BORDERJUMP, AND (II) WHERE NEITHER SELLER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE MERCHANDISE BY BORDERJUMP. NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, BORDERJUMP OR ITS LOGISTICS PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERJUMP OR ITS LOGISTICS PARTNERS OF THE POSSIBILITY OF SUCH DAMAGES.
  11. ADDITIONAL LIMITATION OF LIABILITY. THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THIS AGREEMENT. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE MERCHANDISE, BORDERJUMP SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SAID MERCHANDISE.
  12. Manufacturer’s Warranties. You acknowledge that manufacturer’s warranties may be voided as a result of merchandise purchased as part of a Transaction being shipped out of the United States or as a result of BorderJump being the merchant of record in connection with any Transaction.
  13. Severability. This Agreement states the entire agreement between you and BorderJump. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and BorderJump agree that it is our mutual intent that this Agreement, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
  14. Analytics. By using the Service, you acknowledge that BorderJump reserves the right to analyze transactional data, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of BorderJump services. By way of example and not limitation, such use could include identifying market sensitivities, and relative market interest in specific product categories.
  15. Jurisdiction and Applicable Law. The laws of the State of Tennessee in the United States of America, excluding its conflicts-of-law rules, shall govern this Agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country, and you acknowledge that BorderJump and its sellers would not facilitate your purchase of merchandise from BorderJump if that were not the case. This Agreement and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS SITUATED IN THE STATE OF TENNESSEE IN ANY ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
  16. BorderJump Contact Information. BorderJump, LLC is located at 631 Second Ave South, Suite 200, Nashville, TN 37210-2093, United States. BorderJump Limited is located at 6th Floor, 52/54 Grace Church Street, London EC3V 0EH, United Kingdom.

version: 03-01-2010