LugLess.com Terms of Service
You (hereinafter “Customer”) agree to and acknowledge the following with respect to any services ordered (hereinafter “Booking”) by you or on your behalf from LugLess and its parent, subsidiaries and/or affiliates (hereinafter “LugLess”):
LugLess provides a platform to facilitate shipments via common carrier (hereinafter “Carrier”) and Customer desires to utilize the services. LugLess is willing to offer its services to Customer in accordance with the terms of this agreement and the operating rules or policies published by LugLess.
Description of Service
Pursuant to the terms and conditions set forth in this agreement, LugLess will generate and provide shipping labels (hereinafter each a “Waybill” and collectively “Waybills”) for shipping of suitcases, boxes, or cases (hereinafter each an “Item” and collectively “Items”) via Carrier. LugLess provides significantly limited customer support unless Customer chooses to purchase a support plan (hereinafter “Support Plan”).
LugLess reserves the right to at its sole discretion refuse, cancel, terminate or hold any shipment when, in the judgment of LugLess, the shipment or requested shipment may not comply with the terms of this agreement, is undeliverable, is unfit for shipment, could be easily damaged, and/or may contain possible dangerous, regulated or illegal contents.Customer agrees that LugLess may modify, suspend or discontinue any aspect of the services at any time without notice to Customer, in which case LugLess shall not be liable to Customer or any third party. All services are not available in all areas.
Customer further agrees that services are subject to all terms and conditions imposed by Carriers or any third party LugLess uses to transport or otherwise handle shipments, including but not limited to, any transportation agreements, applicable tariffs, other rules or procedures or terms and conditions described on such companies’ websites.
For reference, please see the FedEx Service Guide and the UPS Legal Terms and Conditions.
Assignment of Claims against Carrier
By using LugLess to facilitate your shipment, you hereby assign to LugLess any and all claims you may have against the Carrier of your shipment.
Rates & Rate Adjustments
Rates generated and displayed on the LugLess website are based upon the address information and shipment characteristics provided by the Customer at the time of inquiry. Final rates charged to the Customer will be based upon the actual shipment characteristics, including weight and size, of each Item that is shipped and verified during the shipment process (hereinafter “Rate Adjustment”).
Items will be charged at their billable weight, which is the greater of the actual weight and the dimensional weight. The dimensional weight of an item can be calculated by measuring the longest point of each side and multiplying the Length x Width x Height, in inches, and dividing that number by 139. If the billable weight of any shipped Item exceeds the maximum billable weight allowed for the purchased Item category, rates will be prorated based on the per pound rate of the service purchased.
LugLess will email the Customer a summary of any fees and/or adjustments charged by the Carrier that result from the Customer providing incorrect, incomplete, or inaccurate information at the time of booking. Customer may contact LugLess to dispute the Rate Adjustment within 7 days of receipt of the shipment summary email and LugLess will make commercially reasonable efforts to investigate Rate Adjustment disputes. The final determination regarding disputed Rate Adjustments will be at the sole discretion of the Carrier.
Customer will be charged by LugLess for all fees applied by a Carrier in conjunction with their shipment, including additional handling fees, large package fees, address correction fees, residential delivery fees, and delivery intercept fees. LugLess is not responsible for any fees charged by any third party pickup or delivery location, such as a hotel, resort, golf course or Carrier location for handling the shipment.
Rates are subject to change without notice.
Billing & Payment
Rate Adjustments will be automatically billed to the credit card that was used to purchase the original shipment approximately three weeks after a shipment is delivered. Customer acknowledges and agrees that LugLess will bill their credit card for the Rate Adjustment without further authorization.
Customer is responsible for all credit card chargeback fees that may be incurred when a chargeback is decided in favor of LugLess. A chargeback will waive Customers right to all warranties including delay, loss, damage protection. If LugLess is unable to charge this credit card, LugLess may bill other payment methods on file or Customer may be notified via email with instructions to settle the outstanding balance. Failure to make payment within 30 days will result in a one time $20 late fee + 1% compounding monthly interest on any outstanding balance until it is paid in full.
Address Information
LugLess is not responsible for delay or loss of any Item resulting from incorrect, incomplete or invalid address information provided by Customer. The Customer will be responsible for any Rate Adjustments associated with correcting or changing address information and/or fees associated with returning undeliverable Items to the origin address. LugLess cannot ship to Post Office boxes.
Cancellations and Changes
Your Support Plan’s refund policy will determine if a fee will be charged for any changes made to your Booking. When applicable, all change and cancellation fees will be assessed once for each shipment tied to a Booking.
Non-Refundable: This shipment can be canceled at any point before it is shipped for a fee equal to the lesser of $50 or the amount paid for the shipment. This shipment can be changed before it is shipped for a fee of $10.
Partially Refundable: This shipment can be canceled at any point before it is shipped for a fee equal to the lesser of $40 or the amount paid for the shipment. This shipment can be changed before it is shipped without any penalties or fees.
Fully Refundable: This shipment can be canceled or changed at any point before it is shipped without any penalties or fees.
Changes made to any aspect of a shipment may result in the generation of new Waybills for all Items in a shipment and Customer will be required to use the new Waybills. Changes to some aspects of a shipment may be restricted or unavailable one or more days before the scheduled shipment date. Any shipment not tendered to Carrier within 7 days of original shipment date will be automatically canceled and any remaining balance after the cancellation fee will be stored as a LugLess account credit (hereinafter “LugLess Credit”) for 12 months. LugLess Credit is non-transferable and can not be redeemed for cash.
Value Protection
As disclosed below under “Warranties” and “Warranty and Liability Disclaimer,” LugLess’ liability related to your use of this Web Site and any Services obtained through this Web Site is significantly limited. Should you wish to consider and purchase Value Protection for your shipments, please visit Terms of Value Protection.
Preparing your shipment
Each Item must be prepared in a manner consistent with shipping best practices. LugLess accepts no liability for damage of any kind to your Item or contents, including any damage to the exterior of any Item caused by adhesive from Waybill pouches or tape, soiling, marking, or other types of surface damage.
Container: LugLess recommends boxing each Item with a new, double-walled, corrugated cardboard box rated for the weight of the contents. Suitable suitcases, golf, ski, and snowboard travel cases can be shipped without a box.
Packaging: The contents of your Item should be adequately packaged with the necessary internal and external protective material to prevent damage during shipment.
Waybills: Each Item must have a unique, LugLess-provided Waybill securely attached to the outside in a manner that is clearly visible and will remain secured to the Item during shipment. A copy of the Waybill or a piece of paper with Customer’s full name, phone number, and delivery address must be placed inside each Item.
Locking: Unboxed Items must be locked. Failure to lock unboxed Items will void Customer’s right to file a claim for lost or missing contents of Items.
Disallowed Goods
No service shall be rendered in the transportation of any prohibited or restricted goods. Any shipment tendered by Customer that contains any of the following items (“Disallowed Goods”) will void any warranties expressly provided to you herein and may be in violation of local, state or federal law:
(a) Electronics including, but not limited to, televisions, laptops, personal computers, stereo equipment, personal audio devices, household appliances, cell phones, range finders, and display screens
(b) Batteries including all wet or lithium batteries including, but not limited to, batteries integrated within electronic devices such as cell phones, laptops, tablets and personal audio devices
(c) Alcohol including alcoholic beverages, or anything containing alcohol including, but not limited to, perfume, cologne, nail polish
(d) Drugs including all illegal narcotics, prescription medications, vitamins, supplements and medical equipment (including test meters) as defined by any jurisdiction where a shipment may originate, terminate or pass through during transportation
(e) Gambling Devices
(f) Firearms & Ammunition
(g) Hazardous Materials including poisons, hazardous or corrosive chemicals, poisons, tear gas, mace, pepper spray, dry ice, infectious substances, any explosives such as fireworks and any flammable or combustible materials such as gasoline
(h) Pressurized Containers including, but not limited to, aerosol cans such as shaving cream, sunscreen, bug repellent, body spray, perfume, hair spray and CO2 cartridges
(i) Live Animals including pets and insects
(j) Animal Carcasses including animal corpses, animal heads or other parts for taxidermy and meat or poultry products intended for human consumption
(k) Human Remains including human corpses, fetal remains, human body parts, cremated or disinterred human remains, or components thereof
(l) Hazardous Waste including, but not limited to, used hypodermic needles or syringes, or other medical waste or as defined as a solid waste that meets any of the criteria of the hazardous waste
(m) Waste including any items considered garbage or intended for disposal
(n) Cash or Negotiable Papers including coins, cash, currency stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, checks); or other cash equivalents
(o) Tobacco products, including cigarettes, cigars, chewing tobacco and pipes
(q) Any item considered hazardous material by the Federal Aviation Administration: https://www.faa.gov/hazmat/packsafe/
(r) Any other item specified from time to time by LugLess including packages that are wet, leaking or emit an odor of any kind; shipments that may cause damage or delay to equipment, personnel or other shipments; or shipments or commodities that require a local, state or federal license for their transportation or that are prohibited by applicable local, state or federal law.
Violators of the Federal Hazardous Materials Regulations (49 CFR parts 100—185) may be subject to civil penalties of up to $75,000 for each violation ($175,000 if the violation results in severe injury or substantial destruction to property).
Delivery
LugLess will generate Waybill(s) that provide a scheduled delivery of your Items on or before the selected delivery date. If you purchase a Support Plan that includes a guarantee policy, a LugLess Credit will be issued in the event of a delayed delivery subject to the limits, restrictions, and exemptions in these Terms.. If your Item enters the Carrier network by the scheduled shipment date and it does not arrive by the scheduled delivery then you may be eligible for a LugLess Credit.
No Guarantee: If an Item is delayed for any reason, LugLess will not provide any refund or LugLess Credit.
Carrier Guarantee: If an Item is delayed and Carrier admits fault by issuing a service refund, LugLess will issue Customer a $10 LugLess Credit which will be stored on their LugLess account for 12 months.
Full Guarantee: If an Item is delayed, LugLess will issue Customer a $20 LugLess Credit which will be stored on their LugLess account for 12 months.
As disclosed below under “Warranties”, delayed shipments must meet minimum guidelines to qualify for the guarantee.
Hold for Pickup
Items shipped directly to a Carrier store or affiliated location where they will be held for pickup may be subject to additional fees at the sole discretion of the hold location. Items may be routed to an alternate location at the sole discretion of the Carrier. Any shipment containing an item that exceeds the size or weight limits of any Carrier store or affiliated location may result in the entire shipment being returned at the Customer's expense. Government issued photo identification is required to collect luggage from a hold location. Luggage will be held for up to 7 days. If it is not collected within 7 days it will be returned at the Customer's expense or sent to a lost and found facility in the Carrier network for a reasonable amount of time before it is discarded.
Signature Release
Items may be delivered without a signature if, at the sole discretion of the Carrier, the Item(s) will be safe and protected from the weather. Once any Item is delivered, LugLess is not responsible for any Item delivered without signature. If a shipment is delivered to a business, a signature may be required for delivery. LugLess will not be liable for delayed or returned shipments due to a business being closed, or the absence or refusal of a person to sign for the shipment.
Returned Shipments
If a shipment is returned to the LugLess holding facility in Boston, Massachusetts, it will be held for up to 7 days. Customer will be required to purchase a shipment to return item(s) to the intended address. If not completed, LugLess will return the shipment to a lost and found facility in the Carrier network as an unclaimed shipment.
Indemnity
Customer agrees to defend, indemnify and hold LugLess and its owners, officers, directors, shareholders, workers, clients, and agents harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your acts or omissions in connection with your use of this website or any of the LugLess Services, including but not limited to, your shipment of any Disallowed Goods as defined below.
Warranties
LugLess accepts no liability for damaged Items, or damaged or lost Item contents. Should you wish to consider and purchase Value Protection for your shipments, please visit Terms of Value Protection.
Delayed Shipments: LugLess will be in no way responsible for any losses, personal or business related, arising from the delayed Item. In the event that an Item enters the Carrier’s shipping network on the scheduled shipment date and does not arrive on or before 11:59pm local time on the guaranteed delivery date excluding delays due to factors beyond LugLess’ control including but not limited to, direct or indirect, acts of God, the unavailability or refusal of a person to accept delivery of the shipment; incomplete or incorrect address information; insufficient information provided by a customer; use of voided Waybills; severe weather; failure of delivery equipment; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; Hazardous Materials packages improperly offered for transport; improperly packaged liquids or gels that leak and damage surrounding items; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks; natural disasters; delay or seizure by Customs or similar authority, your shipment may be eligible for a guarantee as disclosed above under “Delivery”. Shipment delays due to these occurrences void all responsibility and liability of LugLess.
Nondelivery: In the event when an Item stops tracking and is not delivered by the Carrier, LugLess’ liability for the lost Item is limited to a maximum of $100 or the Value Protection purchased by the Customer. In order to file a claim, Customer must make a reasonable effort to locate missing items within the Carrier network. This includes, but is not limited to, opening a formal investigation with the Carrier within 48 hours of the selected delivery date, providing them with a detailed description of the missing Item, and allowing them sufficient time to complete their investigation.
Right to Inspect
LugLess and its agents reserve the right to inspect and open any Item shipped by LugLess.
Warranty and Liability Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES MADE TO YOU UNDER THE HEADING ABOVE ENTITLED “WARRANTIES”, ALL INFORMATION CONTAINED ON THIS WEBSITE AND ANY AND ALL SERVICES PROVIDED TO YOU BY LUGLESS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. LUGLESS, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION ON THIS WEBSITE AND ANY SERVICES PROVIDED TO YOU BY LUGLESS, ITS EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SHIPPING AND TRANSPORTATION COMPANIES PROVIDING SERVICES FOR AND ON BEHALF OF LUGLESS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LUGLESS OR ITS AFFILIATES. LUGLESS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SHIPPING OR TRANSPORTATION COMPANIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LUGLESS AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL LUGLESS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE, OR FOR ANY SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LUGLESS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL LUGLESS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES RELATED TO YOUR USE OF THIS WEB SITE, OR ANY SERVICES OBTAINED THROUGH THIS WEB SITE, IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU TO LUGLESS DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.
General
This agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, USA, in all disputes arising out of or relating to the use of this website, any purchases made using this website or any services provided to you by LugLess. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and LugLess with respect to this website and any services provided to you by LugLess and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LugLess with respect to the matter set forth herein. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Neither LugLess nor any Affiliate or any of their respective Suppliers shall be deemed to be in default of this Agreement or be liable for any delay or failure in performance resulting directly or indirectly from any act of God, civil or military authority, civil disturbance, war, strike, fire, earthquake or other cause beyond its control.
You further agree that you have read and agree to be bound by the additional terms contained in LugLess’ “Terms of Use and Privacy Policy” which may be found on LugLess’ website and that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of LugLess’ services.
Any rights not expressly granted herein are reserved.
Last updated: September 6, 2022