Terms and conditions

TERMS AND CONDITIONS

Registration and Use of Site

1. You must read, agree with, and accept all of these Terms and Conditions, including our Privacy Policy, which incorporates those terms of use expressly set out below and those incorporated by reference, before you may register to become a User of Avant Korea.
2. We strongly recommend that, as you read these Terms, you also access and read the information contained in the other pages and websites referred to herein, as they may contain further terms of use that apply to you as a User.
3. Our Services are available only to individuals who can legally form binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). You may not use the Site and/or the Services if you do not meet these eligibility criteria.
4. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
5. Registering with Avant Korea is free. This Korean address should only be used for receiving packages and not for any other purposes.

Use of Site

1. You agree to comply with our security verification process.
2. You may not transfer, sell, or disclose your Avant Korea account or User ID to another party.
3. You agree to comply at all times with these Terms and all applicable domestic and international laws, statutes, ordinances, and regulations.
4. You represent and warrant that all information provided to us will be accurate and complete.
5. While we will use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy, timeliness, or completeness of any information found on the Site.
6. We do not warrant that this Site will always be accessible, uninterrupted, timely, error-free, or free from computer viruses or other invasive or damaging code or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power, or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.
7. Without limiting other remedies, we may limit User’s access to the Site, issue a warning, temporarily suspend, indefinitely suspend or terminate User’s registration and refuse to provide the Services to User if: User breaches these Terms or the documents it incorporates by reference; We are unable to verify or authenticate any information User provides to us; or We believe that User’s account may have been compromised. We reserve the right to terminate or suspend access to the Site at any time without assigning any reason. We shall not be liable to User or to any other party for any damages, losses, costs, or expenses howsoever caused by or arising out of such termination or suspension.

ShopForMe Service

1. We provide product ordering ShopForMe services to Users to assist them to purchase merchandise from on-line merchants who may or may not otherwise accept their payments. We are not a retailer or reseller of the merchandise ordered.
2. Only orders placed on the Site will be entertained, and we do not accept any orders placed via telephone, email, or the electronic chat service on the Site.
3. We do not warrant that the items Users have ordered will be available for purchase and delivery. We will automatically cancel any item ordered if it is:

• Out of stock;
• Back-ordered;
• Available only at a higher price;
• Ordered with ambiguous or insufficient information that is, in our sole opinion necessary to place the order;
• Items unsuitable to be transported by our freight agents; or
• Items that are classified as hazardous material, dangerous goods, prohibited, or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department, or other relevant organization.

4. If User has selected the option to process incomplete orders, we will without notification, process the rest of the order. Otherwise, the entire order will be cancelled.
5. While we will endeavor to make prompt execution of orders, User agrees that we will not be responsible for any delays. We reserve the right to reject any orders, at our discretion, at any time. We do not accept any requests to amend or cancel orders placed using the ShopForMe Service. All orders once placed are considered final.
6. We reserve the right to reject any orders, at our discretion, at any time. All orders once placed are considered final.

Package Storage

1. Package storage is free for the first 45 days upon arrival to our warehouse. 
2. Following the initial 45-day period, daily storage fees will apply. 
3. Any package that remains in storage beyond 90 days will be subject to automatic disposal. 

Shipping to Your Address in Korea

1. Upon successful registration, User shall be allocated an address in Korea which the User may then provide to on-line merchants as a delivery address (“Korea Delivery Address”) when purchasing Products. Such Products are to be subsequently delivered by us to the address designated by the User (“Shipment Address”).
2. You authorize us to accept delivery of Products at the Korea Delivery Address on your behalf and appoint us as your freight agent to ship the Products to the Shipment Address in accordance with these Terms.
3. We have the right to open and inspect a Shipment without prior notice to User.
4. Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or Shipment or consolidation or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
5. All Shipment Addresses once confirmed on the Site are final and may not be varied.
6. User acknowledges and agrees that the services do not include customs or taxes (except where clearly stated) and that we are not a customs agent or broker. We are solely responsible for the export and import of its packages and shipments. The user is solely responsible for the payment of any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to the shipment.

Deliveries and Undeliverables

1. Shipments will be delivered to the Shipment Address, but not necessarily to the named recipient personally. Shipments to addresses with a central receiving area will be delivered to that area.
2. Avant Korea does not guarantee delivery of packages that do not comply with the import or export regulations of the country to which they are delivered to.
3. If the recipient refuses delivery or the Shipment is deemed to be unacceptable, or it has been undervalued, or the recipient cannot be reasonably identified or located, or User or the recipient does not respond or reply to emails requesting payment of custom duties, freight charges, or handlings prior to the uplift or delivery of the Shipment, we shall use reasonable efforts to return the Shipment to the merchant at User’s cost, failing which the Shipment may be released, disposed of, or sold by us without incurring any liability whatsoever to User or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of sale, if any, to be returned to User.

Unacceptable Shipments

1. User agrees that Products will be deemed unacceptable for Shipment if:

• It is classified as hazardous material, dangerous goods, prohibited, or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization;
• No customs declaration is made when required by applicable customs regulations; or
• We decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography, and illegal narcotics/drugs).

2. Products deemed unacceptable for Shipment will be returned to the merchant at User’s cost and/or we reserve the right to dispose of the Shipment.

Repack Service

1. We offer a repack service for packages that we deem suitable for repacking. There is a repacking fee involved for the service rendered. Customers may choose whether or not to use the repack service at the point of shipping checkout.
2. The User accepts that repacking may void the return policy or warranty of a merchant.
3. For packages selected to be repacked or for shipments that include packages that are selected for repack, an additional 1-4 business days will be added to the delivery timing of the entire shipment containing the package.

Refund, Return, and Exchange

1. We are not responsible for any errors by the merchants in fulfillment of orders or otherwise. User will have to make arrangements with the merchants for any returns, refunds, or exchange of items directly in accordance with the merchant’s terms and policies.
2. We do not facilitate any exchanges. We will facilitate the return delivery of item(s) ordered from the merchant while the goods are still at the User’s Korea Delivery Address. Applicable return charges apply.
3. Return charges will be deducted from the proceeds of any order cancellations for orders placed with the ShopForMe service.
4. For orders you made directly with the merchant, you must first pay for the return charges before we can return the goods to the merchant.
5. Where applicable, we will refund User with the refunds only after we have received the refund from the merchant. We do not refund any charges for ShopForMe Services paid or payable by the User in the event User elects to return the goods.

Charges and Costs

1. Our charges for providing the Services are shown on the Site under the respective pricing plan and are subject to change from time to time at our discretion. Unless otherwise stated, all fees are quoted in U.S. Dollars. Charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Avant Korea to confirm this calculation. Calculation of chargeable weights for consolidated Shipments will be based on the total of the higher of the physical or volumetric weight of each individual package.
2. You will compensate us for any penalties or fines incurred if any Shipments or goods are found to be prohibited or controlled substances, hazardous, or illegal.
3. If User utilizes our ShopForMe Service, the cost of the item, delivery charges levied by the merchant, and a service fee (as stipulated in the respective pricing plan), of the invoice value of the item will be charged to the User.

Indemnity and Limitation of Liability

1. You agree to indemnify and hold harmless the Interested Parties from and against any claims, damages, expenses, and/or losses whatsoever arising from or in connection with your access to the Site and/or use of the Services. “Interested Parties” means Avant Korea, its affiliates, and any other parties involved in providing the Services.
2. Notwithstanding any other provision herein, in no event shall Avant Korea be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, nor for any lost profits or revenues, in connection with or arising out of these Terms, the operation, use, or access to the Site, or the provision of the Services.
3. The quality of the items purchased via the Site and the accuracy of the claims are the responsibility of the manufacturer and/or distributor of the items. Avant Korea does not warrant, represent, or guarantee the quality of the items or that the claims made by the manufacturer and/or distributor are accurate. To the full extent permissible by applicable law, Avant Korea disclaims all warranties (whether express or implied) including but not limited to, that the items will meet User’s function and/or requirements or be fit for a particular purpose. Avant Korea shall not be responsible for any loss or injury or damage incurred as a result thereof.

General

1. We reserve the right to amend, vary, delete or add to these Terms of use from time to time without notice, and the amended terms of use shall apply with immediate effect. You agree to become bound by these Terms of use, as these may be varied from time to time, by registration through the Site and/or by use of the Services.
2. Whilst the Site may be accessed by User in different countries, the laws of the Republic of Korea, without regard to the conflicts of laws principles thereof, will apply to these Terms. All disputes arising from the use of the Site or the Services shall be resolved by arbitration in Seoul, South Korea, in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board (“KCAB”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall comprise one (1) arbitrator to be appointed by the Chairman of the KCAB.
3. The invalidity or unenforceability of any provision shall not affect any other part of these Terms.

4. We are not liable for any delays, loss or damage arising out of circumstances beyond our control including but not limited to any act or omission by a person not employed or contracted by us; Acts of God e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” e.g. war, plane crash or embargo; riot or civil commotion; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data, or recordings.