Warehousing & Fulfillment Terms of Service
The following terms and conditions (the "Warehousing Agreement") govern all use of the warehousing and fulfillment service (the "Warehousing Services") available on or at the Apliiq.com website (the "Site"). The Warehousing Services are owned and operated by Apliiq Inc. ("Apliiq" or “our”). The Warehousing Service is offered subject to your (the "User" or "you") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site by Apliiq—including, without limitation, Terms of Service, Shipping, Pricing, Return Policy, Privacy Policy, and others—each of which is incorporated into this Warehousing Agreement by reference. If you do not agree to this Warehousing Agreement, do not use the Warehousing Services.
By providing the Warehousing Services, Apliiq receives and stores inventory on the User's behalf. Apliiq will prepare the inventory ("Products") for shipment directly to the User's customers ("Customers") upon instructions by the User. Apliiq receives and processes Customer exchanges and returns.
1. Warehousing Services
Warehousing Services are services that let the User store various products that comply with the below-listed criteria and are owned by the User (“Products”) at Apliiq's warehouse, and Apliiq will pack and ship them to the User's customers when orders come in.
In order to be able to use the Warehousing Services, the User must receive Apliiq's prior approval of the Products the User wishes to store by submitting the Products for a review. Apliiq will review whether each Product complies with the following criteria:
Is non-perishable
Doesn’t exceed 18 × 18 × 17 in. (46 × 46 × 43 cm) dimensions measured L × W × H
Isn’t worth more than $750 (700€) apiece
Doesn’t weigh more than 700 oz. (19.8 kg)
Apliiq may in its sole discretion review whether the Product submitted for the review or later shipped for warehousing complies with the aforementioned criteria, including but not limited to remeasuring and reevaluating the Product's dimensions, count, value, and/or conformity with Apliiq's policies and guidelines applicable to the Warehousing Services. Apliiq reserves the right to either approve or reject the Products, as well as to modify the Product's specification and/or fees applicable for warehousing the Product. The User will be informed about the decision.
2. Product restrictions
The User is responsible for observing laws, regulations, and rules regarding Products and their delivery. The User is prohibited from delivering and selling the following Products:
ILLEGAL, RESTRICTED OR PROHIBITED PRODUCTS (WHETHER IN THE USA OR ANYWHERE ELSE WHERE THE PRODUCT IS TO BE SHIPPED), for instance, explosives, drugs, counterfeit products, hazardous materials, contraband or illegal substances, radioactive elements, etc.
animals, date and temperature-sensitive products, perishable products, food, beverages, liquids, and live plants
drugs, prescription medications, hormones, steroids, poisonous, toxic or infectious products and substances, medical specimens, pesticides, and herbicides
weapons, fireworks, fuel, firearms and guns, tear gas, ammunition, military equipment, military and law enforcement equipment
fragile items from glass or any other products that can break easily
products that infringe third party rights (e.g. intellectual property rights) or include and/or portray illegal, hateful, or immoral content or elements that do not adhere to our Acceptable Content Guidelines.
3. Term of Warehousing
After the Product is approved for the Warehousing Services User may store Products with Apliiq for as long term as needed as long as the User pays Apliiq the applicable fees for the warehousing of the User’s Products (the “Warehousing Term”).
4. Warehouse Receipt
On a User’s delivery to Apliiq of Products to be warehoused, Apliiq will issue the User an invoice and confirmation, which shall include the terms of a Warehouse Receipt. The User is required to keep the Warehouse Receipt in its possession and present such Warehouse Receipt to Apliiq if the User wishes to retrieve any of the warehoused Products from Apliiq.
5. Responsibility and limits
a. The User is responsible for the manufacturing (if and as applicable) and delivery of Products to Apliiq and all related costs.
b. Apliiq shall not be liable for any loss or destruction of or damage to the Goods, however caused, unless such loss, damage or destruction resulted from Apliiq’s failure to exercise such care in regard to the Goods as a reasonably careful person would exercise under like circumstances. Apliiq is not liable for damages which could not have been avoided by the exercise of such care, however, the liability of Apliiq for loss of or damage to any User’s Products stored at Apliiq’s facility is limited to the amount of the valus of the Product as stated in the Warehouse Receipt.
c. In no event shall Apliiq be liable for any loss or damage to User’ Product caused by:
Notwithstanding the aforementioned, Apliiq is not liable and you release us from any liability for losses or damages caused by the shipping carrier or in the event of non-delivery due to incorrect address provided by the User or Customer. Apliiq shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure or if the Product is returned to Apliiq damaged due to the Customer's or shipping carrier's fault. The User will be informed about such returned and damaged Products and they won't be available for stocking or reselling, however, they can still be used for charitable purposes.
Violation of any part of this Agreement or other rules may result in the termination of the User's Apliiq account. Without limiting other remedies, we may limit, suspend or terminate the Warehousing Services and User accounts, prohibit access to our Site, destroy Products, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter and spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. It is your responsibility to comply with the terms of the Warehousing Agreement, provide us with true and accurate information about you and your Products and follow your use of the Warehousing Services and any changes or notifications made or published by and/or on behalf of Apliiq on the Site or elsewhere from time to time.
6. Payments and fees
Payment for the Warehousing Services is based on the fixed fee for warehousing, while the fee for storage is based on specifications (quantity, size of items stored, etc.) of each User and his/her Products individually and can change if the specifications are modified. There is a minimum monthly storage fee set by Apliiq that will be applied to any User using the Warehousing Service, regardless of the amount of Product you store with us. Apliiq at its own discretion reserves the right to change the monthly minimum fees and the User will be informed about such changes.
Unless Apliiq and the User agree otherwise, Apliiq should carry out the Warehousing Services when the User has accepted the payment request in his/her Apliiq account, and the charge for the Warehousing Service has been successful. The User shall be responsible for paying all sales taxes, VAT, GST, and other taxes and duties associated with the Warehousing Services (if and as applicable).
In case of non-payment Apliiq at its own discretion can terminate the Warehousing Services according to the procedure set forth in the Warehousing Agreement and destroy and/or donate all User's Products, including damaged items and items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding Products that are destroyed or donated.
7. Fulfillment, shipping, and delivery
You are responsible and shall cover all expenses (including but not limited to taxes, duties, and shipping costs) and clear customs if and as applicable to your Products and their delivery to the Customer.
You are liable for adding Harmonized System (HS) codes to your products and their variants. The HS codes are mandatory for cross-border shipments. The only exceptions where the HS codes are not needed:
Apliiq delivers Products to Customers to most places in the world. There might be some countries we cannot deliver to because of international legal restrictions or shipping carrier limitations.
Additionally, there may be increased fulfillment times on certain local holidays and high-volume shopping days including, but not limited to, Thanksgiving Day, Christmas Day, New Year’s Day, Black Friday, and Cyber Monday.
By using the Warehousing Services the User agrees that some Products can be packaged and shipped separately and the User will cover all shipping costs associated with the Products.
8. Packaging inserts
As part of the Warehousing Services, the User may also choose to opt-in for packaging inserts (“pack-ins”), which are small promotional materials added during the packaging process to the Customer's order.
8.1 Packaging insert limitations
The size of a single pack-in can’t exceed 8 × 6 × 1 in. (20 × 15.5 × 2.5 cm) dimensions measured L × W × H, and the pack-in must not weigh more than 2 oz. (55 g).
8.2 Service limitations
The User’s Packaging insert stock doesn’t influence where the order will be fulfilled, hence Packaging inserts will only be available for those orders fulfilled in the fulfillment center that has the specific Packaging inserts in stock. If Packaging inserts aren’t available at the respective fulfillment center where the order’s fulfilled, the User then understands and agrees that the orders will be sent without the Packaging inserts.
8.3 Costs
You are solely responsible and shall cover all expenses (including but not limited to taxes and shipping costs) for manufacturing (if and as applicable) and delivery of pack-ins to our warehouses and fulfillment centers. If pack-ins are not available at the respective branch where the order’s fulfilled, you then understand and agree that the shipments will be sent without added pack-ins.
As pack-ins are a part of the Warehousing Services, the User will be charged the same fee for storage based on the Product specifications, and in addition, the User must also pay a picking fee of $0.50 per pack-in added to the order. The User doesn’t have to pay any fulfillment fee associated with the adding of pack-in to the order.
8.4 Success rate
While we strive to do our best, we, unfortunately, cannot guarantee accuracy with every order. Accordingly, you understand and agree that Apliiq shall under no circumstances be held liable in cases of missing or incorrectly added pack-ins or other promo items.
9. Custom packaging
As part of the Warehousing Services, the User may also choose to opt-in for Custom Packaging, which enables the user to provide their own custom packaging for Apliiq to ship User’s orders in, and improve the overall shopping experience of their customers.
9.1 Custom Packaging limitations
The size of a single Custom Packaging in storing and shipping conditions can’t exceed 24 × 22 × 18 in. (89 × 56 × 46 cm) dimensions measured L × W × H. Only poly mailers, padded bubble mailers, and paper mailers can be stored with Warehousing Services. If stored mailers aren’t weather-resistant and tear-proof, the User will be liable for any damage to the shipped product or packaging. Boxes and other types of packaging that require some sort of assembly are (currently) not allowed for storage. We reserve the right to send the packaging back if it doesn’t meet our requirements, and the User is responsible for covering the cost of shipping.
9.2 Service limitations
Custom Packaging is currently only applicable for orders that will fit inside of the provided custom packaging. A custom packaging fee will be assessed per item in the order. Any additional items outside of what will fit within the packaging will be shipped in the appropriate none branded/nondescript packaging. Pack-ins can still be added to the orders with Custom Packaging.
If Custom Packaging isn’t available at the respective fulfillment center where the order’s fulfilled, the User then understands and agrees that the orders will be sent without the Custom Packaging.
9.3 Costs
The User is solely responsible and shall cover all expenses (including but not limited to taxes and shipping costs) for manufacturing (if and as applicable) and delivery of Custom Packaging to our warehouses and fulfillment centers.
As custom packaging is a part of the Warehousing Services, the User will be charged the same fee for storage based on Product specifications, and in addition, the User will be charged a picking fee of $0.50 per Custom Packaging added to the order.
9.4 Success rate
While we strive to do our best, we, unfortunately, can’t guarantee accuracy with every order. Accordingly, the User understands and agrees that Apliiq shall under no circumstances be held liable in cases of missing or incorrectly added custom packaging or other branded material.
10. Termination of Warehousing
Apliiq shall have the right to terminate its obligation to store the User’s goods at any time with or without a cause, and especially if the user is in default of its payment obligations toward Apliiq (“Default”) or violates any part of this Agreement or applicable law. In the event of a User’s Default, Apliiq shall have the discretion to require payment of any outstanding charges owed to Apliiq and issue the User a new Warehouse Receipt as a condition of continued warehousing of the User’s Products. Apliiq may demand that the User removes the Products from Apliiq’s facility within a stated period not less than 30 days after the providing of such notice to the User.
11. Apliiq’s Lien Against User’s Goods
Apliiq shall have a lien on a User’s Products warehoused at Apliiq’s facility as security for the payment of charges owed to Apliiq in relation to the Warehousing Services. If User owes charges to Apliiq for Warehousing Services provided by Apliiq to the User, Apliiq shall have the right to sell any Products stored in Apliiq’s facility in the enforcement of its lien, in accordance with applicable laws.
12. Abandonment of Warehoused Goods by User
The User storing Products at Apliiq pursuant to a Warehousing Receipt shall have the obligation to retrieve and remove the respective Products from Apliiq’s facility at the end of the storage term. The User may, subject entirely to the discretion and agreement of Apliiq, request Apliiq to dispose of remaining Products stored at Apliiq’s facility which the User does not wish to retrieve. On the receipt of a disposal request by a User (which shall be deemed to be an abandonment of the Products by the User), Apliiq may, at its discretion, destroy or trash the respective Products, or, donate the respective Products to a charity or non-profit organization of its choice, or, sell the Products. Apliiq shall have no obligation to sell the Products, but, in the event of any sale, Apliiq shall have the right to retain the sale proceeds, with no obligation to transfer any of the sale proceeds to the User.
If a User leaves Products at Apliiq’s facility without notice or otherwise providing any information to Apliiq as to the handling of the Products, Apliiq shall have the right to provide written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Apliiq’s facility within 30 days after Apliiq has sent the notice. Following the 30 day period, if the User has failed to retrieve its Products from Apliiq’s facility, Apliiq shall have the right to provide a second written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Apliiq’s facility within 15 days after Apliiq has sent the second notice. If the respective User fails to retrieve its Products from Apliiq’s facility by the end of the 15 day period pursuant to such second notice, then the respective User’s Products stored at Apliiq’s facility shall be deemed to be abandoned, in which case Apliiq shall have the right to handle the abandoned Products as described herein.
13. Indemnity
You will indemnify and hold Apliiq (and its officers, directors, agents, subsidiaries, joint ventures, 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 this Agreement, or your violation of any law or the rights of a third party.
14. Law and jurisdiction
15. General
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. You acknowledge that you have all the necessary permits to grant us with Customer’s personal data to fulfill this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.
16. Fee Structure
The Fee Structure for warehousing and fulfillment can be found online here, and is subject to change in Apliiq's sole discretion.
You will receive an invoice at the start of your storage term along with a notice of receipt or availability of the products to be stored. Warehousing is billed for the month ahead using the amount of space taken up at the time of billing and the number of days in a given month.
Following the initial invoice and receipt of goods, you will receive an invoice on a monthly basis for the warehousing fees associated with all materials stored with us at the date of the invoice.