Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and SellerShipping LLC ("SellerShipping," "we," "our," or "us"). By accessing or using our website, creating an account, or engaging our services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

You represent and warrant that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Services" means all warehousing, fulfillment, FBA prep, distribution, returns handling, and related services provided by SellerShipping.
• "Inventory" means all products, goods, materials, and merchandise stored at SellerShipping facilities.
• "Order" means a request to pick, pack, and ship specific Inventory to a designated recipient.
• "Client Portal" means the online platform provided by SellerShipping for account management and order tracking.
• "FBA" means Fulfillment by Amazon.
• "SKU" means Stock Keeping Unit, a unique identifier for each Inventory item.
• "Receiving" means the process of accepting, inspecting, and logging Inventory into our warehouse system.
• "Storage" means the physical space used to store Inventory at our facilities.
• "Fulfillment" means the process of picking, packing, and shipping Orders.

3. Service Description

SellerShipping provides third-party logistics (3PL) services to e-commerce businesses and sellers. Our services include:

3.1 Warehousing Services

• Secure storage facilities in multiple locations
• Climate-controlled storage options
• Real-time inventory tracking
• Regular inventory audits and cycle counts

3.2 Fulfillment Services

• Order receiving and processing
• Picking and packing services
• Shipping carrier integration (FedEx, UPS, USPS, Purolator, APC, EVRI, DPD, Estafeta, Paquet Express (Mexico))
• Custom packaging and branding options
• Same-day and next-day fulfillment options

3.3 FBA Prep Services

• FNSKU labeling and application
• Poly bagging and bubble wrapping
• Quality inspection
• FBA labeling and compliance
• Palletization and Amazon shipment creation

3.4 Returns Handling

• Return merchandise authorization (RMA) processing
• Inspection and quality checking
• Restocking or disposal per your instructions
• Refurbishment services

3.5 Additional Services

Additional services may be available upon request and subject to separate pricing and terms. We reserve the right to modify, suspend, or discontinue any service at any time with or without notice.

4. Account Registration and Eligibility

4.1 Eligibility

To use our Services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Not be prohibited from using our Services under applicable law
• Have a valid business or resale license (where required)

4.2 Account Creation

To access our Services, you must:

• Complete the registration process
• Provide valid contact and business information
• Create a secure password
• Verify your email address
• Accept these Terms and our Privacy Policy

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring compliance with these Terms by all users under your account

4.4 Account Information

You must provide accurate, current, and complete information during registration and update such information promptly if it changes. You authorize us to verify your information using third-party services.

5. Service Fees and Payment Terms

5.1 Fee Structure

Our fees are structured as follows:

• Monthly Account Fee: $0 (no monthly minimums)
• Storage Fees: Based on space used (per box, pallet, shelf, or container)
• Pick and Pack Fees: Per order and per item charges
• FBA Prep Fees: Per unit fees for labeling, bagging, and prep services
• Receiving Fees: May apply for certain shipment types
• Special Handling Fees: For oversized, fragile, or hazardous items

Current pricing is available at sellershipping.com/pricing and may be updated from time to time with 30 days' notice.

5.2 Billing and Payment

• Invoices are generated weekly or bi-weekly
• Payment is due upon receipt of invoice
• Accepted payment methods: credit card, ACH, wire transfer
• All fees are in US Dollars (USD)
• Fees are non-refundable unless otherwise stated

5.3 Late Payments

Late payments are subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services for accounts with overdue balances exceeding 30 days.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, and similar charges. You are responsible for all taxes associated with your use of our Services, except for taxes based on our net income.

5.5 Fee Disputes

Any dispute regarding fees must be raised within 30 days of the invoice date. Undisputed amounts remain due and payable.

6. Inventory Management

6.1 Receiving Requirements

All Inventory shipped to our facilities must:

• Have advance shipment notification (ASN) submitted via our portal
• Be properly labeled with SKUs and barcodes
• Include accurate packing lists
• Arrive during normal business hours (unless arranged in advance)
• Comply with our packaging and labeling standards

6.2 Prohibited Items

The following items are strictly prohibited and will not be accepted:

• Hazardous materials (flammable, corrosive, toxic, explosive)
• Illegal drugs, weapons, or contraband
• Perishable food items (unless pre-approved)
• Live animals or plants
• Items subject to special permits or licenses we do not hold
• Cash, precious metals, or negotiable instruments
• Stolen goods or counterfeit products

You will be charged for disposal or return shipping of prohibited items, and we may refuse future shipments.

6.3 Storage Limitations

• Standard Items: Maximum weight 50 lbs per unit, dimensions within standard pallet size
• Oversized Items: Subject to additional fees and space availability
• Temperature-Sensitive: Limited climate-controlled space available
• Long-Term Storage: Items stored over 365 days may incur additional fees

6.4 Inventory Accuracy

We maintain a 99.5% inventory accuracy rate. Discrepancies will be investigated and resolved within 5 business days. We conduct regular cycle counts and annual physical inventories.

6.5 Abandoned Inventory

Inventory remaining in our facilities for more than 90 days after account termination will be considered abandoned. We may dispose of abandoned Inventory after providing 30 days' notice, and you will be responsible for storage and disposal fees.

7. Order Processing and Fulfillment

7.1 Order Processing Times

• Standard Processing: Orders received by 2 PM EST ship same business day
• Expedited Processing: 2-4 hour processing available for additional fee
• Weekends/Holidays: Processing resumes next business day

7.2 Accuracy Guarantees

We maintain:

• 99.8% order accuracy rate
• 99.9% on-time shipping rate
• Errors corrected at no charge to you
• Replacement shipments expedited when errors occur

7.3 Shipping Carriers

We partner with major carriers:

• FedEx
• UPS
• USPS
• Purolator
• APC
• EVRI
• DPD
• Estafeta
• Paquet Express (Mexico)
• Regional carriers (based on location)

You may specify carrier preferences, but we reserve the right to select the most cost-effective option for your service level.

7.4 Shipping Charges

Shipping costs are passed through at our discounted carrier rates. You benefit from our negotiated rates without markup. Rates are determined by carrier, service level, weight, dimensions, and destination.

7.5 Address Verification

We use address verification services to ensure delivery success. Orders with invalid addresses will be held pending clarification. Additional fees may apply for address corrections.

8. Liability and Insurance

8.1 Our Liability Limits

Our liability for loss, damage, or delay to Inventory is limited to the lesser of:

• $0.60 per pound of affected Inventory, or
• $50 per affected unit

This limitation applies regardless of the cause of loss or damage, including but not limited to negligence, theft, fire, water damage, or force majeure events.

8.2 Increased Value Declaration

If your Inventory value exceeds our standard liability limits, you may:

• Declare increased value and pay additional fees for enhanced coverage
• Maintain your own insurance coverage (recommended for high-value items)

8.3 Insurance Requirements

You are strongly encouraged to maintain comprehensive insurance covering:

• Full replacement value of your Inventory
• Business interruption and loss of profits
• Product liability and third-party claims
• Transit and warehouse risks

8.4 Claims Process

To file a claim for loss or damage:

• Notify us within 15 days of discovery or within 9 months of shipment date (whichever is earlier)
• Provide detailed description of loss/damage
• Submit proof of value (invoices, receipts)
• Allow us to inspect affected items if available

Claims not filed within the specified timeframe will be deemed waived.

8.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including:

• Natural disasters (fire, flood, earthquake, severe weather)
• Labor disputes, strikes, or lockouts
• Government actions, war, terrorism, or civil unrest
• Carrier delays or failures
• Power outages or system failures
• Pandemics or health emergencies

9. Intellectual Property

9.1 Your Intellectual Property

You retain all rights to your trademarks, copyrights, and other intellectual property. You grant us a limited license to use your marks, logos, and product information solely for the purpose of providing Services.

9.2 Our Intellectual Property

All rights in our website, software, systems, processes, and materials are owned by SellerShipping. You may not copy, modify, or create derivative works without our express written permission.

9.3 Compliance Representation

You represent and warrant that your Inventory and use of our Services:

• Do not infringe any third-party intellectual property rights
• Comply with all applicable laws and regulations
• Do not violate any platform policies (Amazon, Shopify, etc.)
• Are properly authorized for sale and distribution

10. Termination

10.1 Termination by Client

You may terminate your account at any time by providing 30 days' written notice. Upon termination:

• You must arrange pickup or shipping of all Inventory within 30 days
• All outstanding fees must be paid in full
• Access to the Client Portal will be suspended
• Storage fees will continue until Inventory is removed or 90 days, whichever is earlier

10.2 Termination by SellerShipping

We may terminate your account immediately if:

• You breach these Terms
• Your account is delinquent for more than 30 days
• You engage in fraudulent or illegal activities
• You store prohibited items after warning
• You abuse our staff or create unsafe conditions

10.3 Effect of Termination

Upon termination:

• All Services will cease
• Pending orders will be completed or cancelled
• You must remove Inventory within specified timeframe
• Inventory not removed may be deemed abandoned and subject to disposal
• All fees through termination date remain due

10.4 Survival

The following provisions survive termination: payment obligations, liability limitations, indemnification, intellectual property rights, and dispute resolution procedures.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@sellershipping.com to attempt to resolve the dispute informally for at least 30 days.

11.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or our Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

11.3 Arbitration Rules

• Arbitration will be conducted in New Jersey, USA
• A single neutral arbitrator will preside
• Each party bears its own costs and fees
• The arbitrator's decision is final and binding
• Judgment may be entered in any court of competent jurisdiction

11.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND SELLERSHIPPING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11.5 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or to enforce confidentiality obligations.

12. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration provisions above, any legal action must be brought in the state or federal courts located in Passaic County, New Jersey, and you consent to the exclusive jurisdiction of such courts.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO CONSEQUENTIAL DAMAGES: WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION
• MAXIMUM LIABILITY: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF: (A) THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $10,000
• TIMING: YOU MUST BRING ANY CLAIM WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THE CLAIM

These limitations apply even if we have been advised of the possibility of such damages and regardless of the form of action (contract, tort, negligence, strict liability, or otherwise).

14. Indemnification

You agree to indemnify, defend, and hold harmless SellerShipping, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your breach of these Terms
• Your violation of any law, regulation, or third-party rights
• Your Inventory, including product defects, intellectual property infringement, or safety issues
• Claims by your customers or third parties related to products we fulfill on your behalf
• Your negligence or willful misconduct
• Any prohibited items you send to our facilities

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate with our defense of such claims.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or account notice
• Changes become effective 30 days after notice
• Continued use of Services after the effective date constitutes acceptance

If you do not agree to the modified Terms, you must terminate your account before the effective date. Your continued use of our Services after changes take effect means you accept the new Terms.

15.1 Additional Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and SellerShipping
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our written consent; we may assign to affiliates or acquirers
• No Agency: These Terms do not create a partnership, joint venture, or agency relationship
• Third-Party Beneficiaries: These Terms do not confer rights on any third parties