Shipping Terms of Service

Last Updated Date: 28.07.2021  

Webinterpret S.A.S, with a share capital of 2,353,041.66 Euros, registered with the Registry of Trade  and Companies under RCS number 501 216 071 Paris, whose registered office is located at 128, rue de  la Boétie, 75008 Paris, France (“Webinterpret,” “we,” or “us”) provides shipping services to enable  sellers to deliver ecommerce orders to their domestic and international buyers the “Services”). These  detailed Terms of Service (“TOS”) and any other terms that have been provided in connection with  your (“Seller”) access to and use of the Services, govern your use of the Services. It is therefore  important that you read and understand these TOS. These TOS supersede all previous terms of service  available related to these Services. 

  1. Acceptance of the Shipping TOS  

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCEPTING THESE TOS (AS DEFINED BELOW) YOU, YOUR  HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND  AND AGREE TO BE BOUND BY THE SHIPPING TOS. WEBINTERPRET PRIVACY POLICY IS PART OF THESE  TOS. IF YOU DO NOT AGREE TO THESE TOS AND PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS  OR USE WEBINTERPRET SHIPPING SERVICES. You must be at least 18 (eighteen) years of age to use our  Services (or have reached the age of a legally recognized adult if that age is not 18 years of age where  you live) or you have reviewed this Shipping TOS with your parent or guardian and he or she assents  to these Shipping TOS on your behalf and takes full responsibility for your compliance with them. You  agree that you and/or your parent or guardian are fully able and competent to enter into the terms,  conditions, obligations, representations and responsibilities set forth in the Shipping TOS, and to abide  and comply with the Shipping TOS. The Services are targeted to a general audience and are not  intended to be used by children without involvement, supervision, and approval of a parent or legal  guardian. 

  1. Modifications to the Shipping TOS  

Webinterpret reserves the right, in its sole discretion, to amend these Terms, including applicable fees,  at any time such changes shall become effective immediately upon posting to our website. You  understand and agree that your continued access or use of this website after such change or  modification constitutes your acceptance of the changed or modified Terms of Service.  Webinterpret endeavors to provide you with notice of any meaningful changes to the Terms of  Service through email, but Webinterpret’s failure to do so shall not excuse your obligation to comply  with any such modified Terms of Service. Please note that you are responsible for updating your email  address with us. We will also update the “Last Updated Date” at the top of the TOS. If you have any  questions or concerns about the modified TOS, you should contact our Customer Support.

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  1. Definitions  

Under these Shipping Terms of Service, the terms below would have the following definitions: Account – is defined as Seller’s account created on Webinterpret Shipping Platform; 

Acceptance – is defined as the moment when the Shipment enters Webinterpret partners’  network either through parcel pick up or drop off; 

Buyer – is defined as a natural person or entity who purchased item(s) from a Seller on  supported Sales Channel to be delivered via our Services to a Consignee; 

Claim Procedure – is defined as if your Shipment is lost or damaged by Webinterpret, then  you have the right to claim a refund related to that specific Shipment.  

Consignee – is defined as a natural person or entity to whom the Shipment is to be delivered; Delivery address – is defined as an address to which the Shipment is to be delivered; 

Webinterpret Shipping Platform – is defined as a platform operated by Webinterpret and/or  Webinterpret ’s partners which facilitates your usage of the Services; 

Onboarding – is defined asthe process of joining the Webinterpret Shipping Platform by Seller; Order – is defined as an item or a group of items purchased by the Buyer on the Sales Channel; 

PUDO – is defined as Pick Up or Drop-off place, meaning a place where Seller needs to drop  off the Shipment or Consignee needs to pick up the Shipment; 

Return – is defined as the return of the Shipment from the Delivery address to the return address, as indicated by the Seller; 

Sales Channel - is defined as the online channel where an Order has been placed; 

Seller – is defined as a natural person or entity accepting these TOS and using Webinterpret  Shipping Platform; 

Shipment – is defined as a parcel or a group of parcels containing item(s) from an Order or a  group of Orders accepted by the Seller and to be delivered to the Consignee;  

Webinterpret Shipping Services (or “Services”) – direct shipping services provided by the  subcontractors of Webinterpret organized through Webinterpret API. 

  1. Registration and Availability 
  2. Account Registration

In order to access or use certain features of the Services you may be required to create an  account (“Account”) on the Webinterpret Shipping Platform. You may be required to link the 

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token(s) of the Sales Channel in order to use Webinterpret Shipping Platform in an optimal  way. You represent that you are entitled to disclose your Sales Channel account credentials to  us and/or grant the Webinterpret Shipping Platform access to your Sales Channel account. You  agree to provide current, complete and accurate information during the registration process  and at all other times when you use the Services, and to update such information to keep it  current, complete and accurate. We reserve the right at any time and in our sole discretion to  disable or refuse to keep Accounts for, or provide services to, any individual or entity. We  reserve the right to suspend or terminate your Account, if any information provided during  the registration process or at any other time prove to be out of date, incomplete or inaccurate.  You are responsible for safeguarding your password. You agree not to disclose your password  to any third party and to take sole responsibility for any activities or actions under and related  to your Account, whether or not you have authorized such activities or actions. You will  immediately notify us of any unauthorized use of your Account. 

  1. The Services and Availability

To access and utilise certain features of the Services, you will need to link your Account with your accounts on Sales Channel of your designation. Once this connection is made, you  expressly authorize the exchange of personal and commercial data between the Sales Channel and the Webinterpret Shipping Platform. We will then add shipping rates to your choice of  

listings to appear on the international sites of such Sales Channel. 

  1. Services 

Under these TOS Webinterpret will provide the following Shipping Services: a. Order & Shipping Management Software 

  1. Webinterpret direct shipping service 
  2. Order and Shipping Management software. Webinterpret Shipping Software organizes and  centralizes the paid Orders from Sales Channels initially connected by the Seller and will make  them available in one place. The Seller may undertake several actions related to the orders  such as consult, modify, cancel or ship. In order to initiate a Shipment, the Seller shall provide  the origin and destination addresses, the Order content as well as the weight and dimensions  of the parcel(s). The Seller undertakes to provide accurate information related to the Order.  Based on this information, Webinterpret will provide a list of available shipping options. Seller  may choose between his own carrier (if available), or carriers made available by Webinterpret direct shipping service. After the selection of the desired shipping service, Webinterpret will  pre-alert the relevant shipping partner and generate the shipping documents to ensure  successful delivery. The Seller will print shipping documents and attach them to the parcel(s) in order to facilitate an Acceptance. Webinterpret Shipping Platform will finally communicate  with the Sales Channel the relevant information about the Order delivery (tracking number,  carrier, dispatch note) to meet the Sales Channel delivery experience expectation.

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  1. Webinterpret Direct Shipping Service. In addition to providing an Order and Shipping  Management Software, Webinterpret may allow the Seller to ship the Order through their  subcontractor. Direct Shipping means that the delivery is performed within a closed logistics  network. Upon the Acceptance of the Shipment, Webinterpret and/or its partner(s) will  attempt to deliver the parcel to the Consignee’s address provided during the shipment  creation process.  
  2. Returns. The parcel will automatically be returned to the Seller or the designated address  if: (i) the Consignee rejects the parcels at delivery, (ii) the Consignee address does not exist,  (iii) the Consignee’s address cannot be found by the carrier, (iv) the delivery company has  made more than one attempt to deliver the Shipment, (v) the Consignee did not pick-up the  parcel during the allocated time. Additional conditions of returns may apply under specific  carriers’ terms of services described here
  3. Amendments. We offer Shipping Services for purchase. We reserve the right to modify,  terminate or otherwise amend our offered services at any time and at our sole discretion. Additional surcharges may apply if the data regarding the Shipment provided by the Seller was incorrect and the fees charged by the carrier were higher. We may discontinue the Website  

and our Services, including any of the Website’s features, at any time and without notice to  you.  

  1. Appointments. Webinterpret agrees to provide to Seller the Shipping Services as indicated  in the shipping process. During the Onboarding process, Seller agrees to appoint Webinterpret  to provide the Services in accordance with these Shipping Terms of Service. 
  2. Subcontractors. You agree and acknowledge that Webinterpret use partners and  subcontractors for the Services and is liable for acts and omissions of its partners &  subcontractors. 
  3. Cancellation. You acknowledge that you need to have a valid connection to Webinterpret  Shipping Platform (token) to cancel your Account. All Account termination requests should be  sent by email here
  4. Continuity. The Seller cannot cancel the Shipping Services in whole or in part once the  Shipment’s label has been created. 
  5. Eligibility 
  6. Eligible items. Not all items are eligible for our Services. To check if your item is eligible click here. Webinterpret reserves the right at any time, and at its sole discretion, to alter or amend  eligibility requirements for items to be serviced. You agree that if any item is found to be  ineligible, Webinterpret will have no liability and will have a right to dispose of item(s) either 

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by destroying it or handing the said item(s) to relevant authorities or return item(s) to the  Seller.  

  1. Eligible countries. The Services are not available to all countries. Webinterpret reserves the  right at any time and at its sole discretion to limit or increase (any) eligible countries. The list  of eligible countries may be found here. You agree that if the country of destination is  ineligible, Webinterpret will have no liability and will have a right to dispose of item(s) either  by destroying it, or handing the said item to relevant authorities, or return item(s) to the Seller. 
  2. Right to inspect. You agree that we, our partners and subcontractors, or customs may open  and inspect your Shipment at any time and without notice. 
  3. Prohibited items. We do not accept prohibited items. Prohibited items are goods that are  forbidden either under international law or in a country of destination. The list of prohibited  items can be found here.  
  4. Valuable goods. You agree that Shipments with a total value of all items exceeding USD  5,000 (five thousand US dollars) are not eligible for the Services. For such parcels, you can  contact us here to discuss a customized quotation. We recommend not utilizing our network  of shipping system for valuable goods such as: antiques, jewelry, money, art pieces, fragile  objects, official documents such as passports, shares certificates etc. as our system involves  the use of mechanical handling and transshipments. You can find more details in the following  article here
  5. Transfer of title. At no time Webinterpret acquires title to the shipped item. During the  whole time the title to the item remains with the Seller until the Shipment is being successfully  delivered to Buyer or to Consignee. Then, the title shall transfer to Buyer or Consignee. 
  6. Fees and Billing 
  7. Invoices. Unless agreed otherwise during the Onboarding process, invoice(s) for purchased Services  will be sent to the Seller once per week and will require payment within 5 days. 
  8. Fees. You agree to pay us all applicable fees, taxes, customs and import duties incurred by  you in connection with the Services. PAYMENTS ARE NON-REFUNDABLE, UNLESS THE  SERVICES ARE CANCELLED (see section 5.g) OR UNLESS AGREED OTHERWISE BY THE PARTIES. 
  9. Dynamic Fees. You acknowledge that we may change at any time shipping fees, as they are  connected to the pricing of the carriers, which are very dynamic, however once the shipment  label has been created the shipping fees will not change. You are liable for providing the  correct information, as fees are calculated based on the information that you have provided  to us. If the information provide by you is incorrect, we will charge you for the difference in  fee due to your erroneous information. 

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  1. Custom duties and taxes. The fees that are displayed in the shipping check out will be exclusive of any custom duties and taxes related to the Services (unless stated otherwise at  shipping checkout). 
  2. Shipping surcharges. We may provide non-standard services such as overweight/ oversized  delivery, cash on delivery, insurance and more that would incur additional fees.  
  3. Ineligibility. If Webinterpret determines, after the completed transaction of the Shipping  Service, that the item is ineligible or cannot be shipped for whatever reason, then we reserve  the right to cancel your Shipment.  
  4. Collection. If, for some reason the payment for our Services has not been processed,  Webinterpret reserves the right to collect, using any collection methods at its sole discretion,  any unpaid amounts that Webinterpret paid to its partners and subcontractors because of  your non or failed payment. We may also terminate this agreement, your Account or your use  or access to the Services at any time, if you are delayed with any payment due to us in  connection with your use of the Services. Notwithstanding the terms of this Section 7.g, any  amounts not paid by the user on the due date shall, automatically and without prior notice,  bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under  applicable law, calculated daily and compounded monthly. In addition, in the event of late  payment, we may charge the user a fixed collection fee of EUR 40 (as may be amended by  relevant national legislation from time to time) as a minimum compensation for our recovery  costs, without prejudice to our right to seek full indemnification for all additional costs  incurred by us to collect amounts due. 
  5. Risk of Loss 

Prior to the Shipment’s Acceptance by a carrier, the risk of loss or damage of all Shipments  remain with the Seller. 

  1. Claim Procedure 

In the case that your Shipment is lost (even partially) or damaged, you may submit a claim.  The Shipment is lost when Webinterpret declares it as lost. To trigger our Claim Procedure,  you need to either submit a ticket here, attaching the tracking number, proof of complaint.  We analyze the case and if your claim is substantiated, we will then trigger a refund.  Webinterpret offers refund(s) for the lost (even partial) or damaged Shipments. You agree that  you have 60 (sixty) days from Acceptance date to submit a claim. Webinterpret investigates  all claims it receives in a fair and speedy manner, but such investigations are more accurate  and are easier to perform the sooner the loss or damage is alleged to have incurred, and, on 

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that basis timely notification of a claim is both highly recommended and necessary to ensure  that such investigations can be performed fairly. 

  1. Data Privacy 

In order to provide you with Shipping Services we need certain personal information,  including, but not limited to: your name, user ID, address, email address, telephone number  and in certain countries tax identification information or national identification information.  By agreeing to these Terms, you agree that your personal data will be processed either by  Webinterpret, its affiliates, subcontractors and service providers (“Personal Data”). By using  our Services, you are accepting the terms of our Privacy Policy, and you are consenting to our  collection, use, disclosure and retention of your personal data as described in Webinterpret’s  Privacy Policy. 

You are responsible for the accuracy of this information and acknowledge that you are  authorized to provide this information for the purpose of shipping to you or Consignee. Your  personal and order information will be collected, used and disclosed only for the purpose of  providing the Services in accordance with Webinterpret’s Privacy Policy, which may be found  here. You acknowledge that Webinterpret may disclose this information, however collected,  to its affiliates, partners, subcontractors and service providers and other third parties (as  customs and other authorities) as necessary to perform the Services that you have purchased.  

  1. Limited Warranty and Disclaimers 

We make every endeavor to keep our Services safe, secure, and functioning according to our  service offer, however we cannot guarantee the continuous operation of, or access to our  Services. THE SERVICE IS PROVIDED ON BOTH AN “AS IS” AND “AS AVAILABLE” BASIS,  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE  FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF  COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL  MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,  OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT  EXPRESSLY MADE HEREIN. 

  1. Limitation of Liability 

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR THE LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER  INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 

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DAMAGES), RESULTING FROM: • THE USE OF OR THE INABILITY TO USE THE SERVICES; •  DELAY(S)S OR DISRUPTION(S) OF THE SERVICES; • UNAUTHORIZED ACCESS TO OR ALTERATION  OF YOUR TRANSMISSIONS OR DATA; • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON  THE SERVICES; OR • ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING  ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE  WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE  LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE SPECIFIC SERVICES  THAT GAVE RISE TO THE LIABILITY. IMPORTANT INFORMATION RELATING TO WARRANTY  DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO  NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE  LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES,  IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS  ACCORDING TO THE APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU VALIDLY  ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF WEBINTERPRET AND  ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

  1. Indemnity 

You agree to defend, indemnify, and hold Webinterpret, its subsidiaries and affiliates, and  their respective officers, directors, employees and agents, harmless from and against any  claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable  legal and accounting fees, arising out of or in any way connected with your access to or use of  the Services or Webinterpret or, your breach of any law or the rights of a third party, or your  violation of these Webinterpret Shipping TOS. If you have a dispute in relation to your  purchase made online, you release us (and our affiliates and subsidiaries, and our and their  respective officers, directors, employees and agents) from claims, demands and damages  (actual and consequential) of every kind and nature, known and unknown, arising out of, or in  any way connected with, such disputes. In entering into this release, you expressly waive any  protections (whether statutory or otherwise) that would otherwise limit the coverage of this  release to include only those claims which you may know or suspect exist in your favor at the  time of agreeing to this release. 

  1. Applicable Law and Competent Jurisdiction 

The Webinterpret Shipping TOS and the relationship between you and Webinterpret will be  governed by the laws of France, without giving effect to any choice of law principles that would  require the application of the laws of a different country or state. You can contact us here regarding any concerns you have regarding the Services. Most concerns are quickly resolved  in this manner and to our customer's satisfaction. The parties shall use their best efforts to  settle any dispute, claim, question, or disagreement directly through consultation and good 

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faith negotiations, which shall be a precondition to either party initiating a lawsuit. If the  parties do not reach an agreed upon solution within a period of 30 days from the time an  informal dispute resolution is pursued, to the extent permitted by applicable law, all  controversies, disputes, demands, counts, claims or causes of action between you and  Webinterpret arising out of, under, or related to these Shipping TOS, shall be submitted to the  exclusive jurisdiction of the courts of Paris (France), even in the case of summary proceedings,  multiple defendants or appeals. 

  1. General Provisions 
  2. Notices and Electronic Communications. By using the Services, you consent to receive electronic communications from us. These communications may include invoices,  confirmation emails and other transactional information, and information concerning or  related to the Services, and may include newsletters and promotional communications from  us if you have chosen to receive such communications during sign-up and have not opted out.  You agree that any notice, agreements, disclosure or other communications that we send to  you electronically will satisfy any legal communication requirements, including that such  communications be in writing. You agree to receive calls, including autodialed and/or pre recorded message calls, from us at any of the telephone numbers (including mobile telephone  numbers) that we have available, including telephone numbers you have provided us, or that  we have obtained from third parties or collected via our own efforts. If the telephone number  that we have collected is a mobile telephone number, you consent to receive SMS or other  text messages at that number. Standard telephone and text charges may apply if we contact  you at a mobile number or device. You agree we may contact you in the manner described  above at the telephone numbers we have in our records for these purposes: 
  • To contact you for reasons relating to your use of our Services (such as to confirm a delivery  address, collect a debt, resolve a dispute, or to otherwise enforce our Shipping TOS) or as  authorized by applicable law. 
  • To contact you for marketing, promotional, or other reasons that you have either previously  consented to or that you may be asked to consent to in the future. 

If you do not wish to receive such communications, you can opt-out by contacting our  Customer Support. We may share your telephone numbers with our service providers (such  as subcontractors, partners, billing or collections companies) who we have contracted with to  assist us in pursuing our rights or performing our obligations under these Shipping TOS, our  policies, or any other agreement we may have with you. These service providers may also  contact you using autodialed or pre-recorded messages calls and/or SMS or other text  messages, only as authorized by us to carry out the purposes we have identified above, and  not for their own purposes. We will not share your telephone number with non-affiliated third  parties for their purposes without your explicit consent, but may share your telephone 

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numbers with our affiliates, who will only contact you using autodialed or pre-recorded  message calls and/or SMS or other text messages, if you have requested their services. 

  1. Service Testing. From time to time, we test various aspects of the Services, including our  website and user interfaces. You acknowledge and agree that such testing may from time to  time temporarily impair or change parts of the Services. 
  2. Agency. No agency, partnership, joint-venture or franchiser-franchisee relationship  between you and Webinterpret is intended or created by these Terms. 
  3. Assignment. You may not assign your rights or obligations under or transfer these Shipping  TOS, by operation of law or otherwise, without our prior written consent. We may assign or  transfer these Shipping TOS, at our sole discretion, without restriction. Subject to the  foregoing, these Shipping TOS will bind and insure to the benefit of the parties, their  successors and permitted assigns. 
  4. Force Majeure. We shall not be liable for any delay or failure to perform resulting from  causes outside our reasonable control, including, without limitation, any failure to perform  here due to unforeseen circumstances or cause beyond our control such as acts of God, war,  terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes,  or shortages of transportation facilities, fuel, energy, labor or materials. In the event of force  majeure, the obligations of this agreement are suspended. If the event of force majeure  continues for more than one month, this agreement is automatically terminated without  formal notice. Immediately upon the occurrence of an event of force majeure, the affected  party shall inform the other party thereof by registered mail. Such notice, however, does not  relieve the affected party of its obligation to mitigate the consequences of a force majeure  situation to the maximum possible extent. 
  5. Miscellaneous. You acknowledge that this Shipping TOS, the guidelines and policies  incorporated herein, either in their entirety or by explicit reference, constitutes the entire  agreement between you and us and govern your use of the Services. If any provision of the  Shipping TOS is found invalid or unenforceable, that provision will be enforced to the  maximum extent permissible by law, and the other provisions of the Shipping TOS will remain  in force. Our failure to exercise or enforce any right or provision of the Shipping TOS shall not  constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.  Without limiting our remedies, including those described elsewhere within Webinterpret’s  policies, Webinterpret may at any time, in its sole discretion with or without notice to you,  limit, suspend, block, refuse, cancel or terminate your purchase of our Services if you violate  any of these Terms, or Webinterpret’s policies or any applicable laws. 

The section titles in this TOS are used solely for the convenience of both parties (you and us)  and have no legal or contractual significance. Our failure to act with respect to a breach by you 

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or others does not waive our right to act with respect to subsequent or similar breaches. We  do not guarantee we will take action against all breaches of the Shipping TOS.

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