Terms And Conditions
OVERVIEW
This website is operated by STATE Bags LLC. Throughout the website, the terms “we”,
“us” and “our” refer to STATE Bags LLC. STATE Bags LLC offers this website, together
with any stores, mobile app and other online or offline services (the “Services”),
including all information, content, and tools available from the Services (collectively, the
“Materials”) to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our Services and/or purchasing any product from us, you represent that you
are of legal age to form a binding contract with us, and agree to be bound by these
Terms and Conditions (“Terms”), including those additional terms and policies
referenced herein and/or available by hyperlink. These Terms apply to all users of our
Services, including without limitation users who are web browsers, vendors, customers,
merchants, and/ or contributors of content. If you do not agree to all the Terms, then you
may not access the Services. If these Terms are considered an offer, acceptance is
expressly limited to these Terms. If you have entered into a specific agreement with us
for certain services we provide, the terms of that agreement will control to the extent
there is any conflict with these terms. PLEASE SEE SECTION 18 BELOW
REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES,
INCLUDING A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION.
We reserve the right to refuse service to anyone for any reason at any time. Any new
features or tools which are added to the Services shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by posting
updates and/or changes to our Services. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the Services following the
posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you. Purchases are fulfilled
by Passport Global Inc., subject to the Passport Terms of Service at the end of these
Terms.
SECTION 1 – YOUR ACCOUNT
If we allow you to create a user account for any of our Services, you are responsible for
any activity that occurs through your account and you agree you will not sell, transfer,
license or assign your Account, username, or any account rights. All information you
provide or provided to us must be true, accurate, current and complete and you agree to
update your information as necessary to maintain its truth and accuracy. You are
responsible for keeping your password for the Services (if any) secret and secure. If
anyone other than yourself uses your credentials (or credentials you assigned to them)
to access your account, they may also perform actions available to you, and view or
make changes to your account, and all such activities will be deemed to have occurred
on your behalf, whether or not specifically authorized by you. You should therefore only
share account credentials with people you trust, and will be solely and fully responsible
for all activities that occur under your account, and for any damages, expenses or
losses that may result from such activities.
SECTION 2 - GENERAL CONDITIONS
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the
Services to human readable form or create derivative works based upon the Services or
any part thereof; (b) disable any licensing or control features of the Services; (c)
introduce into the Services any virus or other code or routine intended to disrupt or
damage the Services, or alter, damage or delete any Materials, or retrieve or record
information about the Services or its users; (d) merge the Services or Materials with
another program or create derivative works based on the Services or Materials; (e)
remove, obscure, or alter any notice of the copyright or other proprietary legends on the
Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit,
distribute or otherwise assign or transfer the Materials or access to the Services to
others; (g) use, or allow the use of, the Services or Materials in violation of any
applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading,
malicious or negligent manner when using the Services; (i) post violent, defamatory,
indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other
inappropriate photos or other content, including any posts intended for defaming,
stalking, bullying, abusing, harassing, threatening, impersonating, harming,
impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure
the sending of, any unwanted, unsolicited or harassing comments or communications,
including advertising or promotional material, without our prior written consent, including
any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use
the Services by means of any automated program, expert system, electronic agent or
“bot,” or use any Materials in connection with AI tools or training; (l) give any other
person or entity unauthorized access to the Services; or (m) scrape, copy, republish,
license, or sell the information or Materials on the Services.
SECTION 3 – INTELLECTUAL PROPERTY RIGHTS
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable
license to access and use the Services for lawful and intended purposes in accordance
with these Terms and our Privacy Policy. The Services contain Materials owned or
licensed by us, including name, logo, text, images, audio/visual works, icons and scripts
and other materials provided on or through the Services. Except as provided herein,
none of the Materials may be copied, distributed, displayed, downloaded, or transmitted
in any form or by any means without prior written permission from us or the third-party
owner. Unauthorized use of any Materials provided by the Services may violate
copyright laws, trademark laws, the laws of privacy and publicity, and/or other
regulations and statutes. Except as expressly provided herein, we and our third-party
licensors reserve all rights with respect to the Services and Materials. We may pursue
legal action under applicable laws and/or report to law enforcement for any violations,
and we may terminate the account of any user believed to violate our Terms. We may
also disable any social media features and any links at any time without notice in our
sole discretion.
Trademarks and service marks that may be referred to in the Services are our property
or their respective owners. Nothing in the Services should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademark without our
written permission. You are not authorized to use our company and brand names and
logos without express written permission, except to the extent otherwise permitted by
law.
If you choose to send us feedback, recommendations, issues, information, ideas,
suggestions, or other materials in connection with our business or Services, you agree
that we are free to use it for any purposes whatsoever, including, without limitation,
developing and marketing products and services, without any liability or payment of any
kind to you, and without any commitment to confidentiality unless we expressly provide
otherwise.
SECTION 4 – REPORTING INFRINGEMENT CLAIMS
We respect the intellectual property rights of others, and we prohibit users of our
Services from submitting, uploading, posting or otherwise transmitting any materials that
violate another person’s intellectual property rights or these Terms. Please report any
allegations of copyright infringement or any other issue to us via the contact information
provided at the end of these Terms.
SECTION 5 - PURCHASES
If we provide the ability to make purchases through the Services the following terms
apply: (1) We make reasonable efforts to accurately display the colors, features,
specifications, and details of the products available through the Services, but do not guarantee that such attributes as presented will be accurate, complete, reliable, current, free of errors, or that your electronic display will accurately reflect the actual colors and details of such products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or any products.
(1) You agree to provide current, complete, and accurate payment information for all
purchases made through the Services, so that we can complete your transactions and
contact you as needed. Sales tax and shipping fees may be added to the purchase
price as deemed required by us. All payments must be in U.S. dollars. (2) You agree to
pay all charges at the prices then in effect for your purchases and any applicable sales
tax and shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment. (3) We
reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same account, the same
payment method, and/or orders that use the same billing or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our posted Returns Policy.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors in
the Services will be corrected.
SECTION 6 - LINKING TO THE SERVICES
You may link to our Services, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link in
such a way as to suggest any form of association, approval, or endorsement on our part
without our express written consent. The Services may provide certain social media
features that enable you to: link from your own or certain third-party websites to certain
content on our Services; send communications with certain content, or links to certain
content, using the Services; or cause limited portions of content on the Services to be
displayed or appear to be displayed on your own or certain third-party websites. You
may use these features solely as they are provided by us, and must not otherwise:
establish a link from any website that is not owned by you; cause the Services or
portions of it to be displayed on, or appear to be displayed by, any other site (for
example, scraping, framing, deep linking, or in-line linking); or take any action with
respect to the Services that is inconsistent with these Terms. We may disable any social
media features and any links at any time without notice in our sole discretion.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input. We include these third-party links solely as a convenience to
you. The presence of a link does not imply an endorsement of the linked site, its
operator, or its contents, or that we are in any way affiliated with the linked site. The
Services do not incorporate any materials appearing in such linked sites by reference.
We reserve the right to terminate a link to a third-party website at any time. The third-
party sites are not controlled by us, and may have different terms of use and privacy
policies, which we encourage you to review. You acknowledge and agree that we
provide access to such sites or tools on an “as is” and “as available” basis without any
warranties, representations or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of optional third-
party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials
from third parties. Third-party links on our Services may direct you to third-party
websites or social media platforms that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites or social media platforms. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You represent that at all relevant times you own all necessary rights in and to any
content uploaded, developed or provided by you, or imported, connected, copied or
uploaded through our Services (“User Content”), including any text, images, designs,
animations, videos, audio files, fonts, logos, code, illustrations, compositions, or other
content or media, as necessary to legally access, copy, use, publish, transfer and
license such User Content in the provision of the Services and for other purposes
provided under these Terms. You further represent that you have obtained all third party
consents and permissions required under applicable laws regarding the collection,
processing, storing, posting and transmission of any personal information and/or image
or likeness of any person, entity or property which is part of the User Content, and you
will adhere to all such applicable laws. This includes any submissions (for example
contest entries) or without a request from us through which you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by postal
mail, or otherwise. We do not claim ownership rights to any of your User Content.
However, you hereby grant us a non-exclusive, fully paid and royalty-free, irrevocable
transferable, sub-licensable, worldwide license to use, reproduce, modify, perform,
display, distribute, and otherwise disclose to third parties any User Content or other
information that you send to us through the Services or otherwise in order to provide our
Services and to maintain and improve the Services in accordance with these Terms and
our Privacy Policy.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms.
SECTION 10 - PERSONAL INFORMATION; TEXT MESSAGING PROGRAM
Your submission of personal information through the store is governed by our posted
Privacy Policy. View our Privacy Policy.
In addition, if you participate in our optional text messaging program, you agree to our
Messaging Terms (https://terms.pscr.pt/legal/shop/newstatebags/terms_of_service) and
Messaging Privacy Policy
(https://terms.pscr.pt/legal/shop/newstatebags/privacy_policy).
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be Materials on our Services that contains typographical errors,
inaccuracies or omissions, and in some instances they may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Services or on
any related website is inaccurate at any time without prior notice (including after you
have submitted your order).
The Services may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the right
to modify the Materials at any time, but we have no obligation to update, amend or
clarify information in the Services or on any related website, including without limitation,
pricing information, except as required by law. No specified update or refresh date
applied in the Services or on any related website, should be taken to indicate that all
information in the Services or on any related website has been modified or updated.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We may update the content in our Services and Materials from time to time, but it will
not necessarily be complete or up-to-date. The Services may be supported by
advertising revenue and may display advertisements and promotions, and you agree
that we may place such advertising and promotions through the Services. The manner,
mode and extent of such advertising and promotions are subject to change without
specific notice. You acknowledge that we may not always identify promoted services or
content, or commercial communications as such. Although it is our intention for the
Services to be available as much as possible, there may be occasions when the
Services may be interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, or due to failure of telecommunications links and/or
equipment. We may remove any content from the Services for any reason, without prior
notice. Content removed from the Services may continue to be stored by us , including,
without limitation, in order to comply with certain legal obligations, but may not be
retrievable without a valid court order or similar legal process.
YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR
OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED
“AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT
CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR
DOWNLOADING MATERIAL FROM THE SERVICES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME
UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE OR VERIFY ANY POSTED USER CONTENT OR
THIRD PARTY CONTENT ON THE SERVICES AND WE SHALL NOT BE
RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER
CONTENT OR THIRD PARTY CONTENT POSTED ON THE SERVICES (INCLUDING
CLAIMS OF INFRINGEMENT).
IN NO CASE SHALL STATE BAGS LLC, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS,
SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION
LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA,
REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY
PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF THE SERVICES OR ANY MATERIALS (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF
ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless STATE Bags LLC and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party due to
or arising out of your breach of these Terms or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
These Terms are effective unless and until terminated by either you or us. You may
terminate these Terms at any time by notifying us that you no longer wish to use our
Services, or when you cease using our Services. The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and including the date
of termination, and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW; JURY TRIAL WAIVER AND CLASS ACTION
WAIVER
The laws of the State of New York, excluding its conflicts-of-law rules, shall govern
these Terms and the Services. YOU AGREE TO SUBMIT TO THE EXCLUSIVE
JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS WITH
JURISDICTION FOR NEW YORK CITY, NEW YORK IN RELATION TO ANY CLAIM,
DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS OR OUR SERVICES,
AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER
DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Transaction Act (UCITA) are expressly excluded from these Terms.
We are reachable via the contact information at the end of these Terms to address any
concerns you may have regarding your use of the Services. Except for a legal
proceeding seeking solely non-monetary injunctive relief, the parties shall use their best
efforts to settle any dispute, claim, question, or disagreement directly through
consultation and good faith negotiations for at least 30 days (including an in-person or
virtual meeting directly between the parties and not just counsel), which shall be a
precondition to initiating a lawsuit on any such issue.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN
ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION. Unless both you and we agree, no judge or other
adjudicator may consolidate more than one person’s claims or otherwise preside over
any form of a representative or class proceeding.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms by posting updates and changes to our Services. It is your responsibility to
check our Services periodically for changes. Your continued use of or access to our
Services following the posting of any changes to these Terms constitutes acceptance of
those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions, concerns or comments about these Terms or our Services,
or if you would like us to update information or preferences you provided to us, please
contact us via email at info@statebags.com, by phone to (347) 609-0870, or by mail to
379 West Broadway FL 2, New York, 10012-5125, United States.
SECTION 21 – PASSPORT TERMS OF SERVICE
Schedule 1. Terms of Service
1. You are shopping on STATE Bags LLC’s website (in this Section 21,
the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will
be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport
to you under these additional Terms of Service. Your payment information, shipping
address, and any additional information required or requested to complete your order
will be shared directly with Passport and its nominated agents and contractors, in order
to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms of Service; and (2) any
relevant terms and conditions imposed by the Merchant. By completing your purchase,
you confirm that you have read and agree to be bound by these Terms of Service. By
placing a Qualifying Customer Order on the Merchant’s website, you understand and
agree that:
3.1 You are dealing with and providing your information to Passport. Passport may
contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in
the price applied to the product during the sale of and processing of your order for the
Product, Passport and its nominated agents are entitled to contact you, correct the
price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to
you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer
Orders, remove or edit content, or cancel such orders for any reason or for no reason,
in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval
of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of
the following activities in connection with the delivery of any Products: (i) to act as your
agent to make and file customs declarations and all related actions as your direct
representative, which expressly includes completing any documents, amending product
or Harmonised System codes, and paying any duties, taxes or penalties required under
applicable laws and regulations; (ii) to act as forwarding agent for customs import and
export control purposes solely for the purpose of designating a customs broker to
perform customs clearance and entry; and (iii) to redirect an order to your customs
broker or other address upon request by any person whom Passport’s nominated
agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of
options available at the time of checkout. Please note that the relative value of
currencies may vary, and as a result, the actual purchase price for items in your order
may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your
payment type, the charges to your account for your order will be subject to the
Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple
shipments. If items in your Qualifying Customer Order are shipped via multiple
shipments, or if your order is only partially filled and shipped, you will only be charged
for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport
may use various fraud prevention protocols and policies, and industry-standard
verification systems, to reduce fraud and minimize chargeback risks. You must comply
with such protocols and policies, including card authentication, and “ship to” and “bill to”
address verification. Once an order is placed, you may not change any authenticated
payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be
directed to the Merchant in the first instance. Passport may work with the Merchant as
necessary to resolve your issue. The Merchant is authorised to allow for returns or
refunds on orders in accordance with the Merchant’s policy, including to reimburse you
for the original sales prices of Products returned to the Merchant’s nominated address.
Passport may however refuse any return requested if a restriction applies to the item for
which the return is requested. You accept that your sole remedies are against the
Merchant. Where a return by the Customer is authorised by Passport or the Merchant,
Passport shall also have the right to return the item to Merchant and accordingly the
Merchant shall issue a credit note to Passport and Passport shall provide a credit note
to the Customer, and Passport’s direction, ownership and risk in the Products for return
shall pass directly to the Merchant. Where a return is authorised by Passport or the
Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a
credit note to the Customer to the extent of the value of the Product(s) authorised to be
returned directly to the Merchant. In relation to any return of Products to the Merchant,
you authorise Passport and its nominated agents to act on your behalf, and to recover
for its own account, any import duties and taxes. If required, you will sign any such
document that is reasonably required to facilitate the return of the Products and the
recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying
Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through
a Qualifying Customer Order will not be imported, exported, sold, or transferred in
violation of any applicable laws, including without limitation the United States Export
Administration Regulations or applicable United States sanctions and embargoes
administered by the United States Treasury Department, and equivalent statutes,
regulations and codes of England and Wales or the EU. It is your responsibility to know
the laws of the country into which you are importing any Products that you order from
the Merchant’s website. By placing a Qualifying Customer Order you certify that the
import of the Products you have ordered to the country of the shipping address you
have provided does not violate any laws or regulations of that country.
9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal
information to the Merchant and Passport and you consent to your personal information
being collected, used, processed, disclosed and/or stored by the Merchant and
Passport and our service providers as may be required in order to process and
complete your order and otherwise provide the services you have requested, in
accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no
liability or responsibility for the collection, use, processing, disclosure or storage of your
personal information by the Merchant or any service provider engaged by the Merchant.
The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the
enhancement of the Merchant’s Customer experience and/or the services provided by
Passport. Any transactional data analysed for these purposes will be aggregated and
de-identified, meaning that any personally identifiable information will be removed.
9.3 Electronic Communications. When you place a Qualifying Customer Order through
the Merchant’s website, you are communicating with Passport electronically, and you
consent to entering into this agreement by electronic means, and to receive
communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system,
policies, and these Terms of Service at any time. Passport will ensure that the current
version of these Terms of Service is presented every time you make a Qualifying
Customer Order on the Merchant’s website. You are responsible for reviewing these
Terms of Service each time you make a Qualifying Customer Order. If you do not agree
to any change in the Terms of Service, you must not complete your order. Any order
placed after the effective date of a change will constitute your agreement to the change
and to the current Terms of Service.
9.5 Severability. If any or any portion of these Terms of Service is found to be invalid,
void, or for any reason unenforceable, that term or portion of terms will be severed, and
will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of
Service must be brought in the courts of California, United States, and you hereby
irrevocably agree to the jurisdiction of the courts of California, United States for all such
purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement
and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in
Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for
sale via the Merchant’s website which are not of a class or description subject to any
duty of excise whether or not those goods are in fact chargeable with that duty, and
whether or not that duty has been paid on those goods, or prohibited or restricted goods
were they to be imported into the UK, and which are not subject to any restrictions on
export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means
the prices including VAT at the appropriate rate of the Products as held out for sale to
Customer by the Merchant and accordingly, by Passport to Customer; and “Product
Price” means the price of an individual Product. “Qualifying Customer Order” meets
all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to
be transported from:
- a third country or territory, excluding Northern Ireland (“NI”), to an address in a
Member State of the EU (e.g. USA to France); - a third country or territory, excluding the UK, or from a Member State of the EU to
an address in Great Britain (e.g. Germany to England); or - a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
- in Great Britain or NI, the total intrinsic value of the Product or Products
comprising that order does not exceed £135 (one hundred and thirty five) British
Pounds Sterling, or where Products comprising an order exceed that sum but are
sent in separate consignments, the intrinsic value of each consignment of which
the Product or Products form part does not exceed £135 (one hundred and thirty
five) British Pounds Sterling; and - in a Member State of the EU, the total intrinsic value of the Product or Products
comprising that order does not exceed €150 (one hundred and fifty) Euros, or
where Products comprising an order exceed that sum but are sent in separate
consignments, the intrinsic value of each consignment of which the Product or
Products form part does not exceed €150 (one hundred and fifty) Euros.
These Terms were last updated June 24, 2026.