Terms and Conditions
All services provided by Bagg.co are governed under our Terms and Conditions, and are subject to change at any time. This Terms and Conditions was last updated on January 18, 2021.
The Bagg Shopping Proxy: Terms and Conditions
Bagg.co offers package and mail forwarding services along with shopping proxy services from Japan to other countries throughout the world.
The Bagg Shopping Proxy Terms and Conditions supplement Bagg.co’s general Terms and Conditions as they apply to Users using the Shopping Proxy service.
Notwithstanding other language in the general Terms and Conditions that may be contrary, for Bagg Shopping transactions the following provisions apply.
- Title Transferred Upon Payment to Bagg.co
The User agrees and acknowledges that (1) title of merchandise purchased through the Bagg Shopping program will transfer to the User when payment is made to Bagg.co and in all cases prior to export from the Bagg.co facility, and (2) in accordance with risk of loss terms, the User bears the full costs and risks of moving the goods to the Bagg warehouse. You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of Bagg.co.
The User will be charged for all Bagg Shopping orders. Acceptable methods of payment are credit card, debit card, PayPal, alternate local payment methods or credited funds available on your account. There is a Bagg Shopping fee for each order successfully processed. Fees for Bagg Shopping orders are:
- When using a credit or debit card for payment, 8% of the order total or minimum $10 per order, whichever is greater.
- When using PayPal for payment, 8% of the order total or minimum $10 per order, whichever is greater.
Bagg Shopping refunds will be credited to your account. This credit will be applied to future Bagg Shopping orders, shipping costs or membership fees before we invoice your credit card on file.
All Bagg Shopping orders will be sent to your shipping address.
Once a Bagg Shopping order has been processed, we may not be able to cancel it with the website or seller. Please refer to the seller's website for individual cancellation policies. Changes cannot be made once a Bagg Shopping order is successfully processed. If we are able to cancel the order, there may be a cancellation fee. Your account will be credited for the merchandise purchase amount. If you decide you do not want to receive the order, please notify our Bagg Shopping department to have the order returned when it arrives. You are responsible for all return shipping fees. Your Bagg.co account will be credited once the vendor receives the returned package and we have confirmed the refund.
We will return any orders in accordance with the seller's return policy for items that arrive damaged or incorrect. The User is responsible for all return shipping fees. Your Bagg.co account will be credited once the vendor receives the returned package and we have confirmed the refund.
You will receive transactional emails about your order. We will wait until all packages in your order arrive and ship them together.
Terms and Conditions
Bagg.co reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member's responsibility to review the Bagg.co Terms and Conditions periodically as continued use of Bagg.co's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Bagg.co.
Bagg.co prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Bagg.co in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
Membership starts the day the Member's application is received by Bagg.co. Bagg.co cannot arrange for any shipments until all required documentation is received.'
The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement. For more information, please see your country-specific page.
I. USER GUIDELINES
You agree to adhere to the following guidelines when using this Website:
- You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
- You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
- You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not access or attempt to access Bagg.co's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
- You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
- You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- You may not use any device, software, or routine that interferes with the proper working of the Website.
- You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
II. TERMS OF SERVICE
- Bagg.co will provide the Member with a suite number at the Bagg facility in Japan at which the Member can have mail and/or merchandise delivered prior to export.
- Bagg.co's services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, Bagg.co arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Bagg.co does not act as an indirect air carrier of property, but rather acts as an agent of the shipper ( i.e ., Members). All packages received by Bagg.co will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail (for a Premium+Mail Member only) and packages will be sent. Members also authorize Bagg.co as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Bagg Member.
- For Premium+Mail Members, Bagg.co also will receive the Member's mail (i.e., letters, catalogs, and newspapers), Bagg.co cannot hold or store mail that will not fit into a 4 inch-tall mailbox. Bagg.co will notify the Member via email once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that Bagg.co discard the mail. If no reply is received from the Member, Bagg.co, in accordance with these terms, understands that the Member is directing Bagg.co to send the mail to the Member's address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
- The Member authorizes Bagg.co to charge his/her payment method for all services and/or account activity with Bagg.co. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
- If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Bagg.co to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
- Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
- Bagg.co will allow active Premium and Premium+Mail Members to store their merchandise for up to 30 days at no charge. Bagg.co will allow active Basic Members to store their merchandise for up to 5 days at no charge. After 30 days for Premium and Premium+Mail Members, or after 5 days for Basic Members, the Member agrees to pay storage charges per box per day, consistent with Bagg.co's current schedule of fees. All Members, regardless of membership type, agree to ship their merchandise within 60 days of merchandise arriving into their Bagg.co suite. Whereas merchandise that has remained in a Member's suite for more than 60 days (e.g., 61 days or greater), the Member authorizes and directs Bagg.co, at Bagg.co's discretion, to ship such merchandise to the member's current shipping address. Whereas a Member may owe money on their Bagg.co account or the Member's payment method will not process appropriately, the Member's merchandise will remain on hold, accruing storage, and the Member authorizes and directs Bagg.co, at Bagg.co's discretion, to retry payment processing one calendar week later, on day 67. If that attempt is not successful, the Member's merchandise will remain on hold, accruing storage, and the Member authorizes and directs Bagg.co to retry payment processing one calendar week later, on day 74. If the third attempt to retry payment processing is not successful, the Member acknowledges that the merchandise is no longer considered shippable nor storable and will thus be forfeited by the Member to Bagg.co in order to be sold with the proceeds donated to charity, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. Bagg.co reserves the right to amend this policy in practice as appropriate and necessary to Bagg.co's business operations.
- Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
- Insurance costs for shipments of merchandise are based on the insured value. Each US $100 of insured value costs US $2.99. The insured value is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value
- Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Bagg.co. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Bagg.co is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Bagg.co for damage or loss caused to any items before delivery to Bagg.co or caused to merchandise prepackaged by the manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. Bagg.co has an Inland Marine insurance policy, with a liability limit of $500,000. Bagg.co does not maintain its own Aircraft Accident Liability Insurance coverage.
- Either party may cancel the Membership Agreement with written notice (via email, fax, letter, or, to the extent provided by the Bagg.co website, online). Upon cancellation, Bagg.co Members will receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Premium+Mail Membership and a Premium Membership listed in Bagg.co's current schedule of fees. Refunds will be processed within ten (10) business days of cancellation.
- Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Bagg.co by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to Bagg.co and grants to Bagg.co a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to Bagg.co.
- If a Member's account charges become delinquent for more than thirty (30) days, Bagg.co may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
- Without limiting the generality of the foregoing, Bagg.co may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member to Bagg.co are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on Bagg.co's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of Bagg.co or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. Bagg.co shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
- Title to any items that cannot be exported after arrival at the Bagg.co facility will be forfeited by the Member. Bagg.co will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
- The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Bagg warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Bagg warehouse.
- Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or cancelled customers are twice the rate of the shipping charges listed on the Bagg.co website.
- If a Member's account charges become delinquent for more than 30 days, Bagg.co may, at its sole discretion, cancel the Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
- Monthly and annual memberships are automatically renewed unless the Member advises Bagg.co in writing that he/she wishes not to renew his/her membership.
- There is no membership fee for a Basic Account. Charges of a Basic Account only are incurred for initial set up, processing, shipping, and other shipping-related services.
- Each package received by Bagg.co with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with Bagg.co's current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with Bagg.co's current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with Bagg.co's current schedule of fees, for each 15 day period that an order remains past due.
- The Member's Bagg.co suite number is to be used only for package consolidation purposes. The Member will not represent that its Bagg.co suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Bagg.co suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's Bagg.co account.
- The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Bagg.co is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
- The Member also is responsible for informing the seller that any merchandise purchased and sent to Bagg.co's facility ultimately will be exported out of Japan. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Bagg.co by the seller.
III. COMPLIANCE WITH LAWS
Bagg Customers must export products from Japan in accordance with all applicable Japan export control laws and regulations including regulations administered by the Ministry of Economy, Trade and Industry (METI), Ministry of Foreign Affairs of Japan, Japan Customs, Ministry of Finance Japan. As a customer of Bagg you agree not to export, re-export, or transship these commodities to any country that Japan has imposed an embargo or trade sanction upon, including but not limited to Cuba, Iran, Iraq, North Korea, Somalia and Sudan or any destination for which Japan requires an export license without first obtaining such license(s). Diversion of these commodities contrary to the Japan law is prohibited. Any and all export license requirements are the sole responsibility of the individual and/or entity in contractual agreement with Bagg.
Bagg does not ship weapons (including items that assist in the functionality or manufacturing of firearms/ammunition or replicas of such items) or narcotics or other prohibited items. In addition, certain items may require special permissions or documentation or may be prohibited by your destination address or country. It is your responsibility to know these restrictions. In an effort to uphold our customs compliance standards, Bagg's prohibited and restricted items list may be more expansive than individual country or carrier laws.
You can find a listing of the prohibited items at FAQ, or Prohibited Items Tutorial. Bagg cooperates with law enforcement agencies to ensure that prohibited items are not shipped via Bagg. This includes the routine inspection by law enforcement agencies of Bagg's facilities and its Customers' packages. By entering into this agreement you accept and agree to routine inspections of your packages by law enforcement agencies. If your package is found to contain prohibited items, you agree that the contents of your package may be seized and confiscated by law enforcement or Bagg. If prohibited items are found in your packages as determined by law enforcement or Bagg, your account will be placed on hold, and any additional packages within your suite may also be inspected and confiscated
IV. APPOINTMENT OF Bagg.co AS MEMBER'S AGENT
- As a Member, you grant Bagg.co a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
- preparation of shipping documents;
- preparation of any Certificates of Origin;
- preparation of an Electronic Export Information (EEI) in accordance with the laws and regulations of Japan;
- preparation of an airway bill or any other document required to export merchandise to Member;
- entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
- authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- If an EEI (for which a charge consistent with Bagg.co's current schedule of fees will apply) is required for goods originating within Japan, Bagg.co will file the required export information on behalf of the Member as its agent pursuant to this section. If the Member fails to provide all of the information needed to accurately file an EEI, Bagg.co will decline to process the merchandise for export. Bagg.co reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, Bagg.co will not reimburse the Member for the value of the merchandise.
- The Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by Japan’s laws and regulations, including maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the Government of Japan for making false or fraudulent statements with respect to this information.
- Bagg.co assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member.
- The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless Bagg.co and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
- any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
- any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
- any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
- Bagg.co's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Bagg.co;
- the Member providing to Bagg.co any incomplete or false information; and
- the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
- The Member acknowledges that the foregoing provisions are a material inducement for Bagg.co to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
VII. NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Bagg.co as a result of this Agreement or your use of this Website.
IX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Bagg.co with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bagg.co with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
X. CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of Japan and by the applicable regulations of any agency of Japan. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the Japan courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.