Terms and conditions
Zonos Checkout includes ready-to-go terms and conditions for your international customers.
Decoding cross-border terms and conditions
When onboarding your account, you have two choices on how to display the terms and conditions within your checkout.
1. Simple acceptance
The terms and conditions can be shown with the statement:
“By placing your order, you agree to the following“
The statement will be shown with a link to a modal of the terms and conditions.
2. Checkbox acceptance
You can require your customer to acknowledge and accept the terms and conditions.
Zonos recommends enabling the Checkbox Acceptance option. Data privacy continues to be an ever-growing issue. The EU General Data Protection Regulation (GDPR) enacted in May 2018 requires an active choice for the EU consumer that describes what personal data is collected and how that data will be used by the merchant and processors. Passive acceptance, such as the Simple Acceptance link, is not an option for EU compliance.
Terms and conditions
Consumer terms of service
You are shopping on [Merchant] website, and the products displayed on this website are those of [Merchant]; however, please be aware that [Merchant] has partnered with a trusted third-party global eCommerce technology provider, Zonos.com (Zonos), to facilitate and process international orders as merchant of record. As a result, any purchases made by you or using a shipping address outside the [United States] will be made using one of the payment processors partnered with Zonos.
Any payments for purchases made by you from [Merchant] on [Merchant] website are subject to these terms of service, and any relevant terms and conditions imposed by [Merchant]. By placing an order with Zonos, you agree to be bound by the same. Please read all the terms before you indicate acceptance. If you do not accept them, [Merchant] and Zonos will not be able to complete your purchase.
1. Transaction terms
[Merchant] makes the Zonos system available to facilitate the sale and delivery of products to consumers, at a price and in a currency selected by the consumer. The Zonos system permits order processing to international addresses (outside of [Merchant]’s home country).
By placing an order through [Merchant], you acknowledge and agree that:
(a) Your transaction will be with Zonos, not [Merchant], and will be processed by one of our processing partners, using the Zonos system;
(b) Upon successful verification and authentication by Zonos of payment information provided by you, Zonos will conclude the transaction at a price equal to the amounts presented to and agreed-upon by you;
(c) Zonos shall be entitled to verify and authenticate your payment information, and if we are unable to verify this information, [Merchant] representatives may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order;
(d) Our payment partners make no commitment to process the payment for your order until Zonos has accepted your order; Zonos and its payment partners reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion;
(e) If you are under the age of 18, parent or guardian approval is required to transact with Zonos; and
(f) Zonos provides payment processing services through its affiliates or third-party service providers under contract to it.
2. Title to goods
Due to Zonos processing methods, all products ordered/purchased by you from [Merchant] are temporarily acquired by Zonos pursuant to a payment agreement with [Merchant]. After the payment partners process the order payment, your order will transfer from Zonos to you.
If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be accompanied by a reference to “Zonos” and “[Merchant]”. In the event of the receipt of any parcel from [Merchant] containing only part of your order, Zonos will only bill you for the products actually contained and shipped in such parcel, plus relevant shipping, duty, taxes, VAT, and fees. You will only be billed for products you receive.
You hereby authorize a licensed customs broker chosen by [Merchant] to act as your agent and transact business with foreign customs and revenue authorities, to arrange for clearance of your order and account for duties and taxes on your behalf, in the interests of completing your order. You hereby grant a proxy or power of attorney (“POA”) to any carrier or broker designated by [Merchant] to facilitate shipment clearance. This POA authorizes the assigned customs broker or agent to act on your behalf. You agree to act as Importer of Record and acknowledge the requirement for the POA as a reasonable condition of the service provided by Zonos and its designated carrier, broker, or agent.
Fraud Prevention and Void Transactions: For your protection, the payment processing systems of [Merchant], Zonos, and our payment processors may use various fraud prevention protocols and policies, as well as industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and business risk policies, including card authentication as well as “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a system error resulting in the processing or acceptance of a transaction for which authorization has been declined, that transaction shall be void.
Duties, Taxes, and Collection Fees: You are responsible for payment of any import tax, sales tax, value-added tax, and customs duty that may be levied by any government authority, and any disbursement fees, advancement fees, or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country, or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, “Duties, Taxes, and Fees”). The estimated Duties, Taxes, and Fees (“Estimate”) may be more or less than the final actual amount of Duties, Taxes, and Fees due and payable.
For shipments specifically destined to EU-member countries, services will be provided to you only after you have (a) paid for the Duties, Taxes, and Fees at the time of checkout/purchase and (b) explicitly agreed to become Importer of Record, which you hereby explicitly agree to. Applicable customs clearance shall be made in your name and on your behalf as ultimate Importer of Record. As the Importer of Record, you agree to be ultimately responsible for importing the purchased products into the destination EU-member state.
7. Delivered duty paid (DDP) destinations (paid at checkout)
If the Zonos system permits prepayment, and you choose to prepay the Duties, Taxes, and Fees, you agree and acknowledge that (a) the actual Duties, Taxes, and Fees payable on your order may be more or less than the Estimate and (b) you will not be asked to pay more money nor will you receive any refund in the case that the actual Duties, Taxes, and Fees differ from the Estimate.
8. Delivered duty unpaid (DDU) destinations (paid upon delivery)
If the Zonos system permits shipment to a destination where [Merchant] offers the option to pay Duties, Taxes, and Fees upon delivery, you acknowledge that (i) you may not reject or refuse to accept your order, (ii) you may not initiate a chargeback with respect to your order merely because of the amount of applicable Duties, Taxes, and Fees, and (c) Zonos shall have the right to charge, and you agree to pay all applicable Duties, Taxes, and Fees as a condition of your order delivery.
9. Merchant responsibilities
Questions about your order may be directed to Zonos for initial intake and processing and will be referred to [Merchant] by Zonos as necessary.
Your order is subject to the [Merchant] return policy. If authorized in accordance with such policy, you will be reimbursed for the original sales prices of returned products within the applicable return policy period.
11. Disclaimer of warranties
Zonos provides the Zonos system on an “as is” and “as available” basis. Zonos makes no representations or warranties of any kind (express or implied) as to the products or operation of the Zonos system or the information or content displayed on or accessible via the system. You expressly agree that your use of the Zonos system is at your sole risk. Zonos does not warrant the accuracy, reliability, or completeness of any product images, descriptions, or specifications provided at [Merchant] site.
12. Intellectual property
You acknowledge that all content included in the [Merchant] checkout and the Zonos system, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Zonos, [Merchant], or its licensors, as may be applicable, and is protected by United States and international copyright laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of [Merchant] or Zonos, as may be applicable, in the U.S. and/or other countries. Such trademarks may not be used without the prior written authorization of Merchant or Zonos, as may be applicable.
13. General terms
a. Analytics: You acknowledge that [Merchant] and Zonos reserve their respective rights to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics, and measurements that could contribute to the enhancement of the [Merchant] customer experience and/or Zonos services. Any transactional data so analyzed will be aggregated and de-identified, such that any personally identifiable information is removed.
b. Compliance with applicable laws: By agreeing to these Terms of Service, you certify that any products purchased using the Zonos system will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. By purchasing such products, you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported, and you acknowledge and agree that it is your responsibility to know the laws in the country into which you are importing such products.
c. Telephone or electronic communications: When you purchase products using the Zonos system, you are communicating with Zonos electronically, and thereby consent to enter into this agreement by electronic means, and to receive communications from Zonos electronically/via email.
d. Modifications: You acknowledge that Zonos hereby reserves the right to make changes to its system, policies, and these Terms of Service at any time. If any portion of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that term or portion of terms shall be deemed severable, and shall not affect the validity and enforceability of the remainder.
The supplier’s refund policy must comply with the following requirements:
The refund policy shall stipulate that a request for a refund transaction may be processed by Zonos for a period of up to thirty (30) days after the date of the applicable transaction at the transaction rate, and a request for a refund transaction may be processed by Zonos during the period between thirty (30) and up to ninety (90) days after the date of the applicable transaction at the rate in effect at the time of the refund transaction.
The refund policy shall stipulate that after ninety (90) days, and to the extent permitted pursuant to local laws, refund transactions shall not be processed by Zonos.
The supplier may or may not provide the consumer with the option for delivery DDP or DDU. If the consumer is provided with the DDU option, then the supplier (and not Zonos) is responsible for any costs associated with a consumer’s refusal of the shipped products, or resolution of any dispute with the consumer arising from payment of duty/tax, shipping fees, or related order fulfilment costs.
If the supplier has terms and conditions that make any fees related to returned or refused orders the responsibility of the consumer, these fees shall not be the financial obligation of Zonos (including any duty/tax, shipping fees, or related order fulfilment costs). Zonos shall not enforce refund policies, return policies, or terms on behalf of the supplier.
The supplier shall be solely responsible for (and Zonos shall have no responsibility nor liability for) the refund of fees and foreign exchange risks resulting from orders cancelled by consumer due to non-shipment by the supplier or failure of the supplier to ship in a timely fashion.
If the supplier unilaterally approves any refunds to the consumer or provides a refund in violation of the refund policy, then the fees for these refunds shall be paid for by the supplier (and not Zonos).
Any refund initiated by the supplier for any reason, via API or via the Zonos system, shall be subject to refund fees in addition to payment processing fees.
If additional refund policy terms are specified to the consumer in any invoicing or shipping confirmation screen, then those terms shall apply, subject to the terms set forth above. The supplier shall be responsible to the consumer and shall bear all liability in respect of any additional refund policy terms, including any such terms that exceed those provided above by Zonos.
Fraud data policy
Transactions that are managed by the Zonos APIs are the responsibility of Zonos and are therefore subject to fraud analysis and review as well as possible reversal by Zonos fraud personnel. To ensure that both the automated and manual fraud analyses performed by Zonos are as accurate as possible, Zonos requires certain transaction data be submitted to the APIs. This document details that data, along with any issues the merchant should be aware of when collecting and submitting this data.