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Amazon Horizon Shipping Terms and Conditions

Thank you (the "Customer", "you" or "Consignor") for choosing the service under this service agreement (the "Service"). This service agreement, including the main body and the appendixes (the "Agreement"), will govern the Services contemplated by this Agreement and constitute a legally binding agreement between you and Beijing Century Joyo Courier Service Co., Limited ("Provider"). The person executing this Agreement on behalf of Customer represents and warrants that it has authority to enter into this Agreement on behalf of Customer.

Customer is a seller registered on Amazon worldwide marketplaces (i.e. Amazon marketplaces outside mainland China, "Amazon Worldwide Marketplaces") ("Seller"), or a shipping agent authorized to purchase the Service on behalf of Seller (the "Seller's Agent").

By clicking through this Agreement, you agree to create an account at ship.amazon.cn (the "Service Account") and to allow the Provider to coordinate handling the export of your goods for you in accordance with this Agreement. This Agreement becomes effective on the date on which you create your Service Account (the "Effective Date"). Please carefully read this Agreement in its entirety prior to accepting this Agreement. If you do not agree with the terms and conditions of this Agreement, including any Appendix hereto, please do not click to confirm this Agreement or use this Service.

Any information related with Customer under this Agreement will be subject to the Customer information provided by you within the Service Account. It is your responsibility to ensure the accuracy and completeness of your information in the Service Account at all times. You are responsible for any consequences, losses, liabilities, and other damages resulting from inaccurate or incomplete information in the Service Account.

You agree and acknowledge that the Provider may modify or update this Agreement (including any Appendix hereto) at any time with or without notice to you. You are responsible for reviewing and complying with this Agreement and any of its amendments at all times. By clicking confirm this Agreement, you agree to accept the terms of this Agreement which are effective when you use the Service, and to be bound by this Agreement (as amended).

I. Scope of Engagement:

  1. Any Service rendered by Provider to Customer pursuant to this Agreement is subject to the content and information Customer submits either on a third-party ERP system or on an Amazon shipper platform (both referred as “Package Order System”). Customer shall actively cooperate with Provider to complete the entire engagement formalities under this Agreement.
  2. Customer agrees that Provider has the right to engage independent contractors, agents, and suppliers to provide transport and other related services to provide the agreed-upon Service.

II. Package Order for Export of Goods

  1. Customer shall submit the package shipment creation (the "Package Shipment Creation") in accordance with the system process and requirements through the Package Order System. If Customer fails to submit relevant information in accordance with the process and requirements or fills in wrong information, Customer will be responsible for all consequences, losses, liabilities, and other damages arising therefrom.
  2. Currently, no Package Shipment Creation submitted by Customer may be cancelled.
  3. Customer undertakes that all consigned shipments shall comply with the provisions on scope of consignment in Appendix 1. You are responsible for any consequences, losses, liabilities, and other damages resulting from a failure to comply with the aforementioned requirements. Provider will not be liable for any damage to the goods during shipping due to their failure to meet the aforementioned requirements, and Customer shall compensate Provider for any consequences, losses, liabilities, and other damages Provider may suffer.

III. Delivery and Inspection of Goods

  1. Customer undertakes that the consigned goods are specified in detail in accordance with the provisions in the order, waybill, and any relevant documents, and are qualified for international shipment. The consigned shipment has been marked, addressed, and properly packed in compliance with the regulations to ensure safe delivery in accordance with conventional procedures.
  2. Customer undertakes that the consigned shipment does not contain any prohibited goods, including without limitation:
    1. Items the content, contour dimension, transport or storage of which violates any statutory ban or any ban issued by a public authority, in particular but without limitation the regulations regarding export, import or customs law of the countries of origin, destination or transit, or regarding the goods for which special equipment (in the case of temperature-controlled goods for example), safety precautions or authorizations are required;
    2. Shipments or items the transport of which is prohibited or is subject to special restrictions under Universal Postal Union Convention (UPUC), International Air Transport Association (IATA) or International Civil Aviation Organization (ICAO) rules;
    3. Valuables, military items, tobacco products, toxic and harmful substances, flammable and explosive materials, oxides and organic peroxides;
    4. Any dangerous goods as defined pursuant to applicable international regulations and lithium batteries as that term is generally understood within the shipping industry; and
    5. Goods infringing intellectual property rights.

For the avoidance of doubt, the list does not exhaust all prohibited goods. Goods consigned by Customer shall comply with the provisions hereof on scope of consignment.

3. Provider is not obliged to check whether a consigned shipment contains any prohibited goods. However, Provider or third parties engaged by Provider shall have the right to open and inspect the consignment, at any time without notice, as necessary or in accordance with the requirements of the government. Customer agrees that regardless whether Customer declares prohibited goods as defined above or not, Customer shall bear all losses, additional costs, penalties imposed by customs or other supervision authorities, and other damages arising from or related to prohibited goods. Customer hereby releases, and shall have released, defend, fully indemnify and hold Provider and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns harmless from any losses, damages, reconciliation, costs, expenses and other liabilities (including reasonable attorney fees) arising from or related to the aforementioned circumstances.

4. Provider has the right to inspect the name, specifications, quantity and packaging of the goods delivered by or at the instruction of Customer; provided, however, that such inspection is not Provider’s obligation. If the goods delivered by Customer are inconsistent with those specified in the Package Shipment Creation/declaration by Customer, Provider shall not be liable for any liabilities arising from or related to such inconsistency, regardless of whether or not Provider actually inspects the goods delivered by Customer; Customer shall be solely responsible for all damages, claims, and consequences and shall indemnify, defend, and hold Provider harmless from all losses, damages, additional costs, penalties, actions, suits, or other claims arising from or relating to such inconsistency.

5. If the consigned shipment contains prohibited goods as defined above, Provider shall have the right to (i) refuse acceptance of the consigned shipment; or (ii) return or abandon it in accordance with the relevant regulations and the mutually agreed return rules (see Appendix 2) if the consigned shipment has already been handed over.

6. If the consigned shipment does not contain prohibited goods as defined above, but the shipment does not meet Provider’s requirements due to its properties (such as size, shape, weight, and substance of goods) or otherwise, Provider shall also have the right to (i) repackage; (ii) choose a different route to transport the shipment, based on circumstances and/or applicable regulations without notifying the Customer.

7. Customer shall ensure that the goods delivered to Provider are properly packaged in accordance with applicable law and any shipping requirements of Provider or carrier. Provider only accepts goods whose external packaging appears intact, unless, upon special request from Customer, Provider agrees in writing to handle the shipment of goods with damaged external packaging under this Agreement. In such a case, Provider will not be liable for any damage to, or destruction of, the goods whose external packaging is damaged at the time of Provider’s acceptance of the goods.

IV. Customs Clearance

  1. Customer represents and warrants that it will comply with all applicable laws, rules, and regulations, including without limitation, any export, import, or customs laws in the goods’ country of origin, country of destination, or any transit country/region through which the consigned shipment will pass, and shall actively cooperate with the relevant customs clearance authorities, including by providing all required or requested information and customs documentation.
  2. Provider reserves the right to delegate or subcontract customs clearance responsibilities to a third party on behalf of Customer. The Provider may delegate or subcontract duties including, but not limited to, completing custom declaration documents, correcting declared content of consigned shipments, paying relevant duties and taxes required under applicable laws and regulations, and completing export or import custom clearance processes in an appropriate port.
  3. Provider shall not be liable for any false statement made by Customer. Customer represents and warrants that it will fully and properly describe and declare a consigned shipment, including but not limited to its contents and value.
  4. Provider does not assume any liability for the content of the consigned shipment or any accompanying documents or declarations, even if they are prepared by or in the name of Provider upon Customer’s request. Customer remains solely responsible for all risks, consequences, losses, and liabilities that result from importing and exporting goods.
  5. Neither Provider nor any of its affiliates will act as the exporter of record or the actual exporter for a consigned shipment in the export declaration with the Chinese customs authorities, or act as the importer of record or the actual importer for a consigned shipment in the import declaration with the port of the destination country. If the Customer is subject to any penalty from the Chinese customs authority during its export declaration or from the port of the destination country during its import declaration, Provider shall not be held liable, and Customer shall be solely responsible for and shall indemnify, defend, and hold Provider harmless from any consequences, losses, liabilities, and other damages arising therefrom or in connection therewith.

V. Fee

Provider will not charge any fee for the Service provided to Customer, unless and until it notifies Customer in writing that it will charge for the Service; provided however that, Provider may charge for the Service at any time with a notice to Customer, after receipt of which Customer may either pay for and use the Service or opt out of the Service from the date when fees will be charged.

Customer shall be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this agreement. Even if the Service is provided by Provider to Customer for free, Customer shall still bear all value-added taxes and taxes in connection with the Service, if any.

VI. Assumption of Liability and Limitation of Liability

  1. Customer shall promptly provide Provider with all documents and information required for completing the matters provided under this Agreement. If Provider fails to perform the Service according to this Agreement, Provider shall proactively negotiate with Customer and be responsible for relevant liabilities.
  2. Customer agrees that:
    1. Provider will not be liable for the direct damage, loss, delayed delivery, failure of delivery or otherwise of the goods if the Service hereunder is provided for free;
    2. Provider will not be liable for any other type of loss or damage (including but not limited to any loss of profits, revenue, interest and future business), whether or not such loss and damage are special or indirect.
  3. Provider shall not be held liable for damage to, shortage, contamination, deterioration, or loss of the goods caused by force majeure, reasons attributable to the natural character of the goods (including any flaws, characteristics or inherent defects), reasonable wear and tear of the goods, or fault of Customer or the recipient of goods designated by Customer.
  4. If Customer hides or withholds any report on any prohibited products in the goods, which result in damage to the goods, other goods shipped together, shipping vehicles or machinery, or casualty in personnel, or the penalty on Provider and/or actual carrier by the competent authorities, Customer is responsible for all of the liabilities and losses arising therefrom.
  5. Customer hereby expressly agrees that Provider may subcontract all or part of the Service under this Agreement to any third party.
  6. If Customer's Goods is damaged due to packaging defects, causing contamination, erosion or damage of goods, other goods shipped together, shipping vehicles or machinery, or casualty in personnel, Customer shall be liable for any consequences, losses, liabilities, and other damages arising therefrom.
  7. After shipment of the goods, if Customer requests return before the export customs clearance is completed, Provider will provide domestic return service for free to Customer based on Appendix 2 (Return Policy) and its return procedures. If the conditions set forth in Appendix 2 or Provider’s return procedures are not satisfied with respect to the goods, Provider may abandon such goods.
  8. Customer shall be liable for compensating Provider’s full losses caused by Customer’s breach of its representations and warranties to Provider contained in this Agreement.

VII. Force Majeure

  1. Force majeure refers to an unforeseeable event the occurrence and consequences of which cannot be controlled or avoided by a Party, including act of God, storm, flood, lighting, fire, accident, war, riot, civil commotion, strike, blockade, interruption, labor dispute not due to a Party’s own reason, attachment or confiscation under legal proceedings, change of applicable law or policy, and other events that are generally deemed as “force majeure” in international business.
  2. If the occurrence of force majeure results in Provider’s failure to perform its obligations under this Agreement, then such failure shall not be deemed as a breach of this Agreement.
  3. If a Party to this Agreement deems that a force majeure event has occurred, then the Party affected by such event shall give a written notice of the occurrence of this force majeure event to the other Party within the shortest time possible by fax or via email, and shall take corresponding measures to minimize the possible loss. Within 14 days of the occurrence of such force majeure event, the affected Party shall provide certificate issued by a government authority or notary public office (if any) to the other Party for confirmation. The affected Party shall use its best efforts to perform its obligations under this Agreement to the extent reasonably possible, and shall advise the other Party of any other reasonable method of performance, provided, however, that the affected Party may not implement such alternate method of performance unless such method is agreed by the other Party.

VIII. Governing Laws and Dispute Resolution

  1. The formation, validity, interpretation, and performance of this Agreement, and any dispute arising under this Agreement shall be governed by the laws of the People’s Republic of China.
  2. Any disputes between the Parties arising out of or in connection with this Agreement shall first be resolved by the Parties using their best efforts through amicable negotiation. If such negotiation fails, either Party has the right to submit such dispute to the Chaoyang District Court of Beijing or to the exclusive jurisdiction of its superior court as required by law.

IX. Term

  1. The term of this Agreement shall be from the Effective Date to the date of termination of this Agreement by Customer or Provider according to the terms hereof.
  2. Provider may immediately terminate this Agreement by notifying Customer at any time for any reason; Customer may terminate this Agreement by notifying Provider 30 days in advance in writing for any reason.
  3. This Agreement will terminate one week after Provider notifies Customer that fees will be charged for the Service. If Customer chooses to use paid Service, Customer and Provider shall execute a paid service agreement.
  4. Any supplementary agreement to this Agreement shall be of equal legal effect as this Agreement. In case there is any discrepancy between supplementary agreements and this Agreement, supplementary agreements shall prevail.

X. Miscellaneous

  1. Customer acknowledges that it knows, understands and accepts all of the provisions of this Agreement, including provisions on disclaimer and limitation of liability of Provider. Customer acknowledges that prior to the execution of this Agreement, Provider has specifically notified Customer of all such disclaimer and limitation of liability of Provider according to the requirement under the applicable law, and has responded to all the questions raised by Customer.
  2. Customer undertakes and warrants to Provider that, upon execution and during the term of this Agreement: (a) Customer is an entity duly established, validly existing and in good standing under the laws of the country/region of its incorporation; (b) Customer has all of the legal qualification, rights, ability, and authority necessary to sign this Agreement and perform its obligations hereunder, and has obtained all permits, approvals, licenses and authorizations statutorily required for its business; (c) Customer is Seller registered on Amazon Worldwide Marketplaces or Seller’s Agent; (d) Customer and all of its contractors, agents and suppliers will comply with applicable laws in Customer’s performance of its obligations and exercise of its rights under this Agreement (e) Customer has lawful title to, or has obtained sufficient authority for, the goods it delivers to Provider, and the delivery and shipping of the goods to Provider hereunder will not infringe the rights of any third party, including, without limitation, the intellectual property rights of a third party; (f) Customer has provided sufficient training to its employees to recognize and appropriately identify dangerous goods to ensure that the goods delivered to Provider do not contain dangerous goods; (g) Customer and its financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted entities or owned or controlled by such an entity, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals and Blocked Persons List and Foreign Sanctions Evaders List and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authorities; and (h) Customer will not abuse the Service provided for free by Provider hereunder.
  3. Without the prior written consent of the other Party, neither Party to this Agreement shall assign this Agreement in whole or in part. Any purported assignment in violation of this provision shall be deemed void. However, Provider may assign this Agreement (or any of its rights or obligations under this Agreement) (1) to Provider’s affiliates; or (2) at the occurrence of merger, reconstruction, or the sales of all or substantial assets or similar transactions.
  4. During the performance of this Agreement, one Party may receive information of the other Party not known to the public (the “Confidential Information”). The Party receiving the Confidential Information agrees that (a) all of the Confidential Information is the proprietary property of the other Party; (b) it will only use the Confidential Information to the extent reasonably necessary for the performance of this Agreement, and ensure that the persons with access to the Confidential Information understand and comply with the confidentiality obligations under this provision; (c) it will not disclose such Confidential Information to any individual, company or other third party other than the persons specified above; and (d) it will take all reasonable measures to protect the Confidential Information from being used or disclosed in any manner not expressly authorized in this Agreement. Without the prior written permission of the other Party, neither Party may make any press release or public announcement regarding the Service hereunder in any way (including in marketing materials), nor use the name, trademark or logo of the other Party, nor in any way create a misunderstanding of its relationship with the other Party.
  5. Customer and Provider are independent contracting parties. This Agreement will not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between Customer and Provider.
  6. Customer hereby releases, and shall defend, fully indemnify and hold Provider and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors and assignees harmless from any claim or request for compensation by a third party against Provider, or Provider’s loss or damage, costs or expenses, amounts paid to reach a settlement or any other liability, in each case arising as a result of any intentional act or negligence of Customer and/or its personnel (including, but not limited to, breach of this Agreement, tort, strict liability or improper act).
  7. If any provision of this Agreement is held by a court, arbitration institution, or a competent government authority to be invalid or partially invalid, then both Parties agree that the remaining provisions of this Agreement shall still be enforced except for the invalid provisions, and that the partially valid provisions shall continue to be enforced to the extent enforceable.
  8. Upon termination of this Agreement for any cause, Customer and Provider shall still undertake all the outstanding liabilities and obligations accrued prior to the termination of this Agreement. The provisions of this Agreement relating to termination, representations and warranties, confidentiality, indemnity, liabilities, and limitation of liabilities shall survive the termination hereof.
  9. This Agreement is written in Chinese language and the Chinese language is the prevailing language. Any English translation shall be for reference only.

Appendix 1 Service Limits

Pick-up

Delivery

Weight

Size

Lithium Battery Permitted

Declared Value

Shenzhen, Dongguan, Guangzhou

USA

Up to 2 kg

Length: 15.2 CM to 60 CM (both inclusive)
Width: 10.1 CM to 40 CM (both inclusive)
Height: 0 CM to 50 CM (both inclusive)

No

Up to USD 800

  • This Service is for ordinary goods, no lithium battery or any other types of dangerous goods are permitted.
  • Provider currently only provide pick up for above three cities and does not accept shipments delivered directly by customers.

Appendix 2 Return Policy

Period of Time

Scenarios

Package

Origin PPH(Parcel Processing Hub)

Transportation damage/loss

-

Open box check failure for compliance

Return or Abandon

X-Ray failure (due to undeclared lithium battery)

Return or Abandon

Re-SLAM failure due to weight/cube out of limit

Return or Abandon

Sortation failure (e.g. ship address errors)

Return or Abandon

Export & Import

Clearance failure

Confiscate

Destination Sortation

Transportation damage/Loss

-

Sortation failure (e.g. label quality)

Abandon

Amazon customer order cancelation

Abandon

Customer

Transportation damage/Loss

-

Undeliverable (e.g. address, phone number issues)

Abandon

Amazon customer order cancelation

Abandon

Exceptional shipment handling rules:

  • Customer shall define its exceptional shipment handing preference (return or abandon) in ERP, which applies only to packages before export customs clearance from China is completed.
  • For lithium battery and other types of dangerous goods not properly packaged or labelled in accordance with the relevant regulations, Provider will always destroy instead of returning them.
  • Should any products within the shipment are listed on the Provisions on Administration of Items Prohibited from Delivery Through Postal Service of State Post Bureau of the People's Republic of China, Provider will always abandon instead of returning them.
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