HerpShipper Membership Terms & Conditions
These Terms & Conditions (“Agreement”) establish a contract for the purchase of value-added shipping services and related shipping supplies and materials (collectively the “Services”) offered by HerpShipper LLC (“Seller”) to the buyer (“Buyer”). Both parties (the “Parties”) agree to be bound by the terms outlined below.
Effective Date and Acceptance of Agreement
This Agreement takes effect upon Buyer’s acceptance, confirmed by completing the online Membership Agreement form and purchasing a shipping label from Seller. Buyer acknowledges that by continuing to use HerpShipper’s Services, they accept these Terms & Conditions, including any updates. It is the Buyer’s responsibility to regularly review these terms to remain in compliance.
There are no implied warranties, oral or written representations, or terms beyond those contained in this Agreement.
1. Definitions
• Agreement: These Terms & Conditions governing the provision of Services by the Seller to Buyer.
• Buyer: Any individual who completes the Membership Application, agrees to the Terms & Conditions, and authorizes payment for Services.
• Carrier: Any parcel carrier (e.g., FedEx, UPS) whose services may be offered by Seller.
• Services: Carrier-related value-added shipping services and additional shipping supplies purchased from HerpShipper LLC.
• Shipment: Any package that Buyer hands over to Carrier for transportation, under the terms of this Agreement.
2. Sale Conditions and Services Offered
• Supplies: Ancillary shipping materials and products, as advertised on HerpShipper.com.
• Product Substitution: Seller may substitute items with similar products to those advertised.
• Package Services: Seller provides shipping services as a reseller of Carrier services, operating independently of the Carrier.
• Carrier Facilitation: Buyer authorizes Seller to arrange shipping with Carrier on Buyer’s behalf.
• Shipping Restrictions: Only non-venomous reptiles can be shipped, in compliance with all relevant laws and Carrier rules.
3. Membership Obligations and Restrictions
• Shipping of Hazardous or Controlled Items: Buyer must not use Seller’s Services to transport venomous animals, hazardous materials, or controlled substances.
• Packaging Requirements: Buyer is responsible for proper packaging per Seller and Carrier standards. Improper packaging may result in additional fees.
• Service Limitations: All live animals must be shipped overnight. Ground and two-day shipping are restricted to non-living items only.
4. Liability Waiver
• Assumption of Risk: Buyer accepts the inherent risks of shipping live animals. Seller makes no guarantees regarding live arrival and will not be held liable for any losses or damages associated with the use of these Services.
• Indemnification: Buyer agrees to indemnify Seller against any legal actions or expenses resulting from Buyer’s use of the Services.
5. Termination and Revocation of Service
Seller reserves the right to cancel any services or agreements in cases of policy violations by Buyer, with immediate effect. All existing reservations may be voided, and Buyer’s account privileges revoked without liability to Seller.
6. Dispute Resolution
All disputes relating to this Agreement shall be resolved through arbitration in the state of Florida. Both parties agree to share arbitration costs unless judgment is rendered in Seller’s favor, in which case Buyer will cover these costs.
7. Legal Provisions
• Choice of Law: This Agreement is governed by the laws of the state of Florida.
• Digital Signature: The parties acknowledge that digital signatures are legally binding.
• Entire Agreement: This Agreement constitutes the complete understanding between the Parties, and Buyer’s payment confirms their agreement to these Terms & Conditions.
By continuing to use HerpShipper’s Services, Buyer confirms full acceptance of these terms.
