International Transaction Terms

1. Scope and Applicability

These International Transaction Terms supplement the Buyer Terms of Service and the applicable Seller Agreement (Domestic or International) for any transaction involving a party located outside of the United States or any shipment that crosses an international border. In the event of a conflict between these terms and the general Terms of Service, these International Transaction Terms shall control for the international aspects of the transaction. All other provisions of the general Terms of Service remain in full effect.

2. Export Controls

Products listed on PoolCures may be subject to U.S. and international export control laws and regulations, including:

• Export Administration Regulations (EAR): Administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), codified at 15 CFR Parts 730-774. The EAR controls the export and re-export of commercial items, software, and technology based on their classification on the Commerce Control List (CCL). Sellers are responsible for determining whether their products are classified under a specific Export Control Classification Number (ECCN) or qualify as EAR99 (not specifically controlled).
• International Traffic in Arms Regulations (ITAR): Administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), codified at 22 CFR Parts 120-130. ITAR controls the export of defense articles and services listed on the U.S. Munitions List (USML). ITAR-controlled items may not be listed on PoolCures. Sellers are solely responsible for ensuring that products listed on the platform are not ITAR-controlled.

Sellers must comply with all applicable export control laws, obtain any required export licenses prior to shipment, and maintain records as required by regulation. Buyers must not re-export products received through PoolCures in violation of any applicable export control laws or regulations. PoolCures does not provide export classification or licensing advice.

3. OFAC Sanctions Compliance

All users of PoolCures must comply with U.S. economic sanctions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. PoolCures is prohibited from facilitating transactions that would violate OFAC regulations.

3.1 Specially Designated Nationals (SDN) List

Users may not transact with any person, entity, or organization on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List. PoolCures reserves the right to screen users and transactions against the SDN List and other OFAC-administered sanctions lists and to block, suspend, or cancel any account or transaction that presents a sanctions risk.

3.2 Restricted Party Lists

In addition to the SDN List, users may not transact with any person, entity, or organization appearing on any of the following U.S. government restricted party lists:

• Commerce Department Entity List (15 CFR Part 744, Supplement No. 4) — entities for which an export license is required for specified items, administered by the Bureau of Industry and Security (BIS)
• Commerce Department Denied Persons List (DPL) — individuals and entities denied export privileges by BIS
• Commerce Department Unverified List (UVL) (15 CFR Part 744, Supplement No. 6) — parties whose bona fides BIS has been unable to verify as legitimate end-users
• Treasury OFAC Sectoral Sanctions Identifications (SSI) List — entities subject to sectoral sanctions under Executive Orders targeting specific sectors of sanctioned countries

PoolCures reserves the right to screen users and transactions against all applicable restricted party lists and to block, suspend, or cancel any account or transaction that presents a compliance risk. Users are independently responsible for conducting their own restricted party screening prior to engaging in transactions on the Platform.

3.3 Embargoed Countries and Territories

PoolCures does not facilitate transactions involving the following comprehensively embargoed countries and territories (as of the date of these terms):

• Cuba
• Iran
• North Korea (DPRK)
• Syria
• Crimea region, so-called Donetsk People's Republic (DNR), and so-called Luhansk People's Republic (LNR) of Ukraine

This list is subject to change. Users are responsible for verifying current sanctions requirements. Additional sectoral or secondary sanctions programs may restrict specific types of transactions with other countries (e.g., Russia, Belarus, Venezuela, Myanmar). PoolCures will update this list as sanctions programs change and reserves the right to restrict transactions involving any sanctioned jurisdiction without prior notice.

4. Incoterms

International Commercial Terms (Incoterms) published by the International Chamber of Commerce define the responsibilities of buyers and sellers in international trade, including risk transfer, transportation, insurance, and customs clearance. For marketplace transactions on PoolCures:

• Default term — EXW (Ex Works): Unless otherwise specified in the seller's bid, transactions default to EXW. The seller makes goods available at their premises. The buyer assumes all risk and cost from that point forward, including loading, transportation, insurance, customs clearance, and delivery.
• Alternative — FOB (Free on Board): If specified in the seller's bid, FOB terms apply. The seller is responsible for delivering goods to the named port of shipment and loading them onto the vessel. Risk transfers to the buyer once goods are on board the vessel.
• Other Incoterms: Sellers may specify other Incoterms (CIF, DDP, DAP, etc.) in their bids. The specified Incoterm governs the allocation of responsibilities for that transaction. Buyers should review the Incoterm carefully before committing to a pool.

The applicable Incoterm will be displayed on the pool page and in the seller's bid details. PoolCures recommends that buyers and sellers agree on a specific Incoterm appropriate to the product, shipping method, and destination.

5. Currency

All prices, fees, and transactions on PoolCures are denominated and settled in United States Dollars (USD). PoolCures does not support multi-currency transactions or currency conversion. If your bank or card issuer converts the charge from USD to your local currency, any exchange rate differences and foreign transaction fees are your responsibility. Duty and tax obligations assessed by customs authorities may be calculated in local currency based on the declared value; any conversion discrepancies are outside PoolCures' control.

6. Cross-Border Shipping Responsibilities

The allocation of shipping responsibilities depends on the agreed Incoterm (see Section 4). Regardless of the Incoterm:

• Seller responsibilities: Accurate product packaging and labeling, preparation of export documentation (commercial invoice, packing list, certificate of origin where applicable), compliance with origin country export requirements, and timely handoff to the carrier or freight forwarder.
• Buyer responsibilities: Import clearance and compliance with destination country regulations, payment of customs duties, tariffs, and taxes, engagement of a customs broker where required, and arrangement of inland transportation from the port or customs to the final destination (unless the Incoterm specifies otherwise).
• PoolCures responsibilities: None. PoolCures does not arrange shipping, does not act as a freight forwarder or customs broker, and does not insure shipments. PoolCures provides the marketplace for connecting buyers and sellers only.

For further detail on import responsibilities, see the Import Disclaimer.

7. Force Majeure

Neither party (buyer or seller) shall be liable for delays or failure to perform obligations under a transaction facilitated through PoolCures to the extent that such delay or failure is caused by events beyond the party's reasonable control, including but not limited to:

• Government actions, regulations, embargoes, or sanctions imposed after the transaction was initiated
• Port closures, shipping lane disruptions, or carrier insolvency
• War, armed conflict, terrorism, or civil unrest
• Natural disasters, pandemics, epidemics, or public health emergencies
• Strikes, labor disputes, or lockouts affecting ports, carriers, or customs authorities
• Changes in tariff schedules, trade agreements, or customs regulations that materially affect the cost or feasibility of the transaction
• Prolonged customs holds or inspections exceeding 30 calendar days

The affected party must notify the other party within five (5) business days of becoming aware of the force majeure event and must take reasonable steps to mitigate the impact. If a force majeure event prevents performance for more than sixty (60) calendar days, either party may cancel the affected transaction. PoolCures is not liable for any losses arising from force majeure events affecting transactions facilitated through the platform.

8. International Dispute Resolution

Disputes arising from international transactions shall follow the process outlined in the Dispute Resolution Policy. If a dispute cannot be resolved through mediation and chargeback, binding arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC). The seat of arbitration shall be New York, New York. The language of arbitration shall be English. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded unless both buyer and seller agree in writing to its application.

9. Anti-Money Laundering and Know Your Customer

PoolCures cooperates with Stripe's Know Your Customer (KYC) and anti-money laundering (AML) compliance processes. Sellers connecting international Stripe accounts must satisfy Stripe's identity verification and business validation requirements. PoolCures reserves the right to decline, suspend, or terminate accounts that fail to meet applicable KYC/AML requirements or that present an unacceptable compliance risk.

10. European Union Provisions

The following provisions apply to transactions involving parties located in the European Union (EU) or the European Economic Area (EEA), or to products entering the EU/EEA market:

10.1 Data Protection (GDPR)

Processing of personal data relating to EU/EEA data subjects is governed by Regulation (EU) 2016/679 (the General Data Protection Regulation, or "GDPR"). Enforcement is conducted by national Data Protection Authorities (DPAs) and coordinated by the European Data Protection Board (EDPB). For details on how PoolCures processes personal data, see our Privacy Policy.

10.2 CE Marking

Products entering the EU market that fall within the scope of applicable EU harmonization directives must bear the CE marking in accordance with Regulation (EU) 2019/1020 on market surveillance and compliance of products. Sellers listing products intended for EU/EEA buyers are solely responsible for ensuring CE marking compliance, including conformity assessment, technical documentation, and EU Declaration of Conformity. PoolCures does not verify CE marking compliance.

10.3 Consumer Rights Directive Inapplicability

Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (the "Consumer Rights Directive") and its national implementations do not apply to transactions on this Platform. PoolCures is an exclusively B2B marketplace. All transactions are between business entities acting in their commercial capacity. EU/EEA users acknowledge that consumer withdrawal rights (14-day cooling-off period), consumer information requirements, and other consumer-specific protections under the Directive are not available for transactions on this Platform.

10.4 EORI Number

EU sellers and buyers engaged in cross-border trade must obtain and maintain a valid Economic Operators Registration and Identification (EORI) number. Sellers shipping from the EU must include their EORI number on export documentation. Buyers importing into the EU must provide their EORI number to facilitate customs clearance. PoolCures does not verify EORI numbers or customs registrations.

10.5 VAT Reverse Charge

For intra-EU B2B transactions, the VAT reverse charge mechanism may apply pursuant to VAT Directive 2006/112/EC, Article 196. Under the reverse charge, the buyer (rather than the seller) accounts for VAT in the buyer's Member State. Both parties are responsible for determining whether the reverse charge applies to their specific transaction, maintaining valid VAT identification numbers, and complying with applicable reporting requirements (including EC Sales Lists). PoolCures does not calculate, collect, or remit VAT on behalf of any party.

11. United Kingdom Post-Brexit Provisions

The following provisions apply to transactions involving parties located in the United Kingdom or to products entering the UK market:

11.1 UKCA Marking

Products placed on the market in Great Britain (England, Scotland, and Wales) that fall within the scope of applicable regulations may require the UK Conformity Assessed (UKCA) marking, replacing CE marking for certain product categories. Sellers are solely responsible for determining whether UKCA marking is required, completing the applicable conformity assessment procedures, and affixing the UKCA mark. Note: Northern Ireland follows separate rules under the Windsor Framework and may accept CE marking for certain goods. PoolCures does not verify UKCA compliance.

11.2 UK GDPR and Data Protection

Processing of personal data relating to UK data subjects is governed by the UK GDPR (the retained EU GDPR as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019), read alongside the UK Data Protection Act 2018. The supervisory authority is the Information Commissioner's Office (ICO), not EEA data protection authorities. UK data subjects' rights and PoolCures's obligations under UK GDPR are described in our Privacy Policy.

11.3 UK Customs Procedures

Goods entering the UK from outside the UK are subject to UK customs declarations, duties, and import VAT. Since Brexit, the UK operates its own customs regime separate from the EU. Importers are responsible for registering for a UK EORI number (distinct from the EU EORI), completing customs declarations, paying applicable duties under the UK Global Tariff (UKGT), and complying with any product-specific import requirements (e.g., phytosanitary certificates, safety standards). Sellers shipping to the UK must provide accurate commercial invoices and commodity codes (HS codes) to facilitate customs clearance.

12. Asia-Pacific (APAC) Provisions

The following provisions apply to transactions involving parties located in, or products entering, the markets listed below:

12.1 China

• CCC (China Compulsory Certification): Products falling within the scope of the Catalogue of Products Subject to CCC must obtain China Compulsory Certification before being imported into or sold in China. Sellers listing CCC-applicable products for Chinese buyers are responsible for ensuring valid CCC certification. Products subject to CCC but lacking certification may be seized by Chinese customs or market surveillance authorities.
• PIPL (Personal Information Protection Law): Processing of personal information of individuals located in China is governed by the Personal Information Protection Law of the People's Republic of China (PIPL), effective November 1, 2021. Cross-border transfers of personal information from China are subject to PIPL requirements, including security assessments, standard contractual clauses, or certification, as applicable. See our Privacy Policy for details.

12.2 Japan

• PSE Marking (Electrical Appliance and Materials Safety Law): Electrical products imported into or sold in Japan must comply with the Electrical Appliance and Materials Safety Law (DENAN) and bear the PSE (Product Safety Electrical Appliance & Materials) mark. Category I products (diamond PSE) require third-party conformity assessment; Category II products (circle PSE) allow self-declaration. Sellers are responsible for PSE compliance for products listed for Japanese buyers.
• TELEC Certification: Wireless and telecommunications equipment sold in Japan must obtain certification from the Telecom Engineering Center (TELEC) under the Radio Law and the Telecommunications Business Law. TELEC certification confirms that radio equipment meets Japanese technical standards. Products requiring TELEC certification may not be sold or used in Japan without valid certification.

12.3 South Korea

• KC Marking: Products imported into or sold in South Korea may require KC (Korea Certification) marking under the Framework Act on Product Safety and other applicable regulations. KC certification covers a broad range of product categories including electrical products, telecommunications equipment, children's products, and industrial goods. Sellers are responsible for determining whether KC certification is required for their products and obtaining valid certification prior to sale.

PoolCures does not verify compliance with CCC, PSE, TELEC, KC, or any other national product certification requirements. All certification obligations are the sole responsibility of the seller and/or importer of record.

13. Limitation of Liability

In addition to the limitations set forth in the Buyer Terms of Service and Seller Agreement, PoolCures shall not be liable for any losses, costs, or damages arising from:

• Export control violations by sellers or re-export violations by buyers
• Sanctions violations, blocked transactions, or frozen assets
• Customs delays, seizures, duties, tariffs, or penalties
• Currency fluctuations or foreign transaction fees
• International supply chain disruptions or force majeure events
• Failure of goods to comply with destination country regulations
• Any costs arising from a party's failure to comply with applicable international trade law

14. Modifications

PoolCures reserves the right to modify these International Transaction Terms at any time, particularly in response to changes in sanctions programs, export control regulations, or trade policy. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the platform for international transactions after changes are posted constitutes acceptance of the revised terms.

15. Contact

International transaction questions: support@poolcures.com