Terms of Sale
Terms of Sale
Last Revised: June 11, 2015
THESE TERMS of sale (THE "TERMS of sale") APPLY TO YOUR purchases or sales through the APP or THE WEBSITE (the "services") PROVIDED BY BOXES INC. ("BOXES").
PLEASE READ THE TERMS of sale CAREFULLY.
IF YOU DO NOT AGREE WITH THE TERMS of sale IN THEIR ENTIRETY, YOU MAY NOT purchase or sell items through the services.
The Terms of Sale are subject to change at any time and in BOXES' sole discretion. Any changes will be effective immediately upon posting the revised Terms of Sale to the App and website.
If you have any questions regarding the Terms of Sale, please contact BOXES by emailing firstname.lastname@example.org.
The Services are only a venue and BOXES is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that are purchased and sold through the Services. The Services are a marketplace for users to interact with other users to display, share and purchase and sell items. Many items listed through the Services are not for sale. BOXES provides only a service, is not an agent of buyers or sellers who use the Services, does not obtain title to any purchased items and does not act as the buyer or seller with respect to any such transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not BOXES. BOXES does not control the behavior of users of the Services or the information or other content provided by other users that is made available through the Services. As a result, BOXES does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any descriptions of items, or the rights of sellers to sell items or of buyers to buy items. BOXES does not guarantee the ability or intent of users to fulfill their obligations in any transactions. BOXES reserves the right to delay the completion of any transaction for a reasonable period of time or cancel any transaction to prevent risk of fraud, actual fraud or violations of the Terms of Sale.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICES, EACH PARTY MUST MAKE ITS OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.
There is no fee for listing items for sale through the Services. The Fees for transactions processed through the Services are deducted from any payments made through the Services. BOXES may, in its sole discretion, waive, reduce, or reverse charges or fees for a specific transaction. See "Fees" below.
BOXES prohibits the listing or sale of any item that are illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items, prohibited in BOXES Prohibited Items Policy available at http://box.es/prohibited_items, which is hereby incorporated by reference into the Terms of Sale.
Methods of Sale
Buyers may make a purchase through the Services via a news feed, item description page or via invoice sent from a seller to a buyer.
In order to be a buyer or seller, you must register for an account. To be a buyer, you must select "Purchase Settings" and provide your credit card number, expiration date, CVV number, billing address and shipping address. To be a seller, you must select "Seller Settings" and provide the same credit card information as a buyer or Paypal information. You also must provide the following that Stripe verifies:
- Entity name
- Electronic mail address
- Postal code
- Responsible Person for Entities
- Full name
- Postal code
- Debit Card information for entities
- Name on card
- Debit card number
- Expiration date
- CVV number
- Full name
- Postal code
- Debit Card information for individuals
- Name on card
- Debit card number
- Expiration date
- CVV number
An account allows amounts to be deducted for purchases and amounts to be added for sales. Any information provided with respect to an account is personal information and must be true and accurate information, and you must maintain and update that information as applicable. By using the Services, you authorize BOXES and BOXES' authorized agents (including, but not limited to, Stripe), to verify your information (including any updated information) by accessing public records and to obtain credit reports about you in order to approve you as a buyer or seller.
As a security measure, BOXES may, but is not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction, the cumulative value of all transactions, transactions during a period of time, release of funds to buyers or sellers or any other terms. BOXES is not liable to any seller or buyer: (i) if BOXES refuses to allow any transaction, or (ii) if BOXES permits a buyer to withdraw from any transaction. BOXES reserves the right to decline transactions that BOXES has reason to believe to be high risk, fraudulent, or in violation of the Terms of Sale.
If you are a seller, you must have the legal authority to sell the items that you are listing for sale through the Services. You must describe your item and all terms of sale in your listing truthfully, accurately and reasonably completely. You may list items at any price you feel is fair. BOXES recommends that the item price are at or below the item price at which you offer and/or sell the item via any other online sales channel. The item price is the amount payable by a buyer, excluding shipping and handling.
If you accept an offer, you shall complete the transaction with the buyer at the agreed upon price unless the transaction is prohibited by law or the Terms of Sale, subject to the return procedure described below. You are also responsible for payment of the Fee. An offer to sell may be retracted at any time prior to its acceptance, but not after acceptance.
As a seller, you are solely responsible for fulfilling any items sold through your listings, and handling any customer inquiries, complaints, or disputes arising from any such transactions. You will provide to your buyer and BOXES (using the processes and timing that BOXES so designates) any requested information regarding shipment, tracking (to the extent available) and order status, and BOXES may make any of this information publicly available. You also must insure the items for the amount of the purchase price to protect against damage in transit, loss in transit, theft and buyer fraud. Promptly after shipment of an item sold, you will accurately inform your buyer and BOXES that the order has been shipped (and, in the case of a transaction that is shipped in more than one shipment, accurately inform your buyer and BOXES which portion of the order has been shipped). If such tracking information is not provided or incorrectly provided by you, your buyer will be presumed to prevail in the event of a dispute between you and your buyer.
As a seller, you will bear all risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information). BOXES reserves the right to seek reimbursement from you if BOXES, in its sole discretion, decides to reimburse your buyer, provide a refund to your buyer, discover erroneous transactions, or receive a chargeback from your buyer's credit card or debit card issuer. BOXES may obtain reimbursement of any amounts owed by you to BOXES by deducting from future payments owed to you, reducing your account balance, or seeking such reimbursement from you by any other lawful means. YOU AUTHORIZE US TO USE ANY OR ALL OF THE FOREGOING METHODS TO SEEK REIMBURSEMENT, INCLUDING CHARGING YOUR FINANCIAL ACCOUNT INFORMATION, WHICH MAY RESULT IN ADDITIONAL CHARGES TO YOU FROM YOUR FINANCIAL INSTITUTION.
All funds resulting from a completed transaction will be reflected as a balance in your account. Any refunds, adjustments, or other amounts paid to your buyer in connection with purchases are also applied to your account balance. Funds in your account balance are eligible for deposit into your financial account information as follows.
- If the transaction is $500 or less, the funds will be available 2 days from the date your buyer confirms delivery of all items in the transaction.
- If the transaction is more than $500, the funds will be available 4 days from the date your buyer confirms delivery of all items in the transaction.
If your buyer does not confirm receipt of all the items, the funds will be available to you up to 21 days from the date of sale after BOXES has reviewed the transaction; provided, however, if, at the time of any sale, you have 25+ of total positive and/or neutral reviews, the funds will be released 14 days from the date of sale after BOXES has reviewed the transaction. In no event shall BOXES have any liability to sellers or buyers notwithstanding BOXES' review of transactions.
Notwithstanding the foregoing, if BOXES concludes based on information available to it that your actions and/or performance in connection with a transaction may result in disputes, chargebacks, or other claims, then BOXES may, in its sole discretion, put into effect an additional hold, deposit delay, or reserve associated with your account balance. All holds, deposit delays, and reserves will be communicated to you by email or a notice through the Services. IN NO EVENT SHALL BOXES HAVE ANY LIABILITY TO SELLERS OR BUYERS IF BOXES HOLDS OR DELAYS RELEASE OF ACCOUNT BALANCES.
For each item you sell through the Services, you authorize BOXES, or its Payment Service Providers, to deduct the Fee. When you withdraw funds from your account, BOXES will charge a $2 fee and all withdrawals must be at least $10. If a withdrawal falls on a non-business day, the withdrawal will be processed during the next two business days. In the event funds cannot be deposited into your financial account information on file for any reason, the funds will be made available in your account.
You agree that it is your responsibility to determine whether taxes apply to your transactions and to collect, report, and remit the correct taxes to the appropriate tax authority, and that BOXES is not obligated to determine whether any taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.
If a seller accepts BOXES credits as a payment option, the seller agrees to give buyers a $5 discount off the purchase price when the total transaction is greater than $25 (not including shipping) and BOXES credits are used by the buyer.
Subject to BOXES' approval, you may provide refunds or adjustments to your buyers for transactions made through BOXES using refund functionality enabled by BOXES through the Services. Funds to cover refunds will be deducted from your account balance. In the event of insufficient funds to cover the amount of the refund, your financial account information on file with BOXES will be charged. BOXES reserves the right to seek reimbursement from you if BOXES, in its sole discretion, provides a refund to your buyer, discovers erroneous transactions, or receives a chargeback from your buyer's credit card issuer. BOXES MAY ALSO OBTAIN REIMBURSEMENT OF ANY AMOUNTS OWED BY YOU TO BOXES BY DEDUCTING FROM FUTURE PAYMENTS OWED TO YOU, CREDITING YOUR ACCOUNT BALANCE, CHARGING YOUR FINANCIAL ACCOUNT INFORMATION ON FILE WITH BOXES, OR SEEKING SUCH REIMBURSEMENT FROM YOU BY ANY OTHER LAWFUL MEANS, INCLUDING COLLECTIONS. YOU AUTHORIZE BOXES TO USE ANY OR ALL OF THE FOREGOING METHODS TO SEEK REIMBURSEMENT, INCLUDING CHARGING YOUR FINANCIAL ACCOUNT INFORMATION ON FILE WITH BOXES (WHICH MAY RESULT IN ADDITIONAL CHARGES TO YOU FROM YOUR FINANCIAL INSTITUTION) AND TO CONTINUE TO DO SO IF YOU DISPUTE ANY CHARGES THROUGH YOUR BANK OR CARD ISSUER, AS THE CASE MAY BE.
If you are a buyer and you agree to purchase an item through the Services, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller, unless the transaction is prohibited by law or the Terms of Sale. If you are a buyer, you must confirm receipt and the condition of and satisfaction with items purchased in order to avoid disputes, and such a confirmation means that you are satisfied with the items received.
To complete a purchase, you also must authenticate your password. After you authenticate your password, you may make one or more purchases in the 60 minutes following authentication.
If you purchase any item or items with a cost of $2,500 or more in a single transaction, you must provide additional information to BOXES and your seller is prohibited from shipping any of the purchased items to you until BOXES reviews information you have provided to BOXES' sole satisfaction. When you receive items you purchase, you must confirm receipt and the condition of and your satisfaction with the items. IN NO EVENT SHALL BOXES HAVE ANY LIABILITY TO SELLERS OR BUYERS NOTWITHSTANDING BOXES' REVIEW OF INFORMATION ABOUT BUYERS.
If BOXES concludes based on information available to it that your actions and/or performance in connection with a transaction may result in disputes, chargebacks, or other claims, then BOXES may, in its sole discretion, put into effect an additional hold, deposit delay, or reserve associated with your seller's account balance. All holds, deposit delays, and reserves will be communicated to you and your seller by email or a notice through the Services. IN NO EVENT SHALL BOXES HAVE ANY LIABILITY TO SELLERS OR BUYERS IF BOXES HOLDS OR DELAYS RELEASE OF ACCOUNT BALANCES.
BOXES charges sellers an applicable fee (the “Fee”) for processing each transaction. The seller's Fee amount will be equal to 10% of the gross transaction amount, including shipping and tax (if applicable) and without any reduction for payment processing or other fees. Unless otherwise specified, the seller's Fee is in United States dollars. Except as required by law or determined by BOXES, the seller's Fee is nonrefundable. If a transaction is cancelled and/or refunded between a buyer and seller after such transaction has closed, BOXES may refund the portion of the Fee that is refunded to the buyer. When a seller withdraws funds from its account, BOXES will charge the seller an additional $2 fee and all withdrawals must be at least $10.
If a transaction is consummated, the seller will provide to its buyer and BOXES (using the processes and timing that BOXES so designates) any requested information regarding shipment, tracking (to the extent available) and order status, and BOXES may make any of this information publicly available. A seller also must insure any items it sells for the amount of the purchase price to protect against damage in transit, loss in transit or buyer fraud. Promptly after shipment of an item sold, the seller will accurately inform its buyer and BOXES that the order has been shipped (and, in the case of a transaction that is shipped in more than one shipment, accurately inform its buyer and BOXES which portion of the order has been shipped). If such tracking information is not provided or incorrectly provided by a seller, its buyer will be presumed to prevail in the event of a dispute between the seller and its buyer.
Boxes uses third party service providers ("Payment Service Providers") for customer payment services and settlements, including Stripe and PayPal. By making use of some or all of these payment services through the Services, you agree to be bound by the terms and conditions of the Payment Service Providers and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Payment Service Providers to the extent required to provide the payment services to you. You acknowledge that you are authorizing the purchase price to be paid through the Payment Service Providers and you authorize BOXES to charge your account with the Payment Service Providers.
Stripe's terms are available at https://stripe.com/us/terms. Stripe may also be contacted directly for support either by email at email@example.com. PayPal's terms are available at https://www.paypal.com/us/webapps/mpp/ua/ppcredit-tnc.
The buyer and the seller will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable, if any, in connection with their transactions.
Transactions are Final
BOXES hopes that the buyers and the sellers are satisfied with their purchases and sales. All purchases and sales through the Services are final unless the applicable buyer and seller otherwise mutually agree. A seller, in its discretion, may decide to refund part or all of any amounts paid by its buyer to such seller with BOXES' approval (which approval may be withheld, conditioned or delayed in BOXES' sole discretion); provided, however, in no event shall BOXES be required to refund the Fee paid to it in connection with a completed transaction. If a seller desires to refund part or all of the purchase price of items sold to its buyer, such seller will inform BOXES of the amount of such refund and, if BOXES approves, funds to cover refunds will be deducted from such seller's account balance. IN THE EVENT OF INSUFFICIENT FUNDS TO COVER THE AMOUNT OF THE REFUND, SUCH SELLER'S FINANCIAL ACCOUNT INFORMATION ON FILE WITH BOXES WILL BE CHARGED. BOXES RESERVES THE RIGHT TO SEEK REIMBURSEMENT FROM A SELLER IF BOXES, IN ITS SOLE DISCRETION, PROVIDES A REFUND TO ITS BUYER, DISCOVERS ERRONEOUS TRANSACTIONS, OR RECEIVES A CHARGEBACK FROM ITS BUYER'S CREDIT CARD ISSUER. BOXES MAY ALSO OBTAIN REIMBURSEMENT OF ANY AMOUNTS OWED BY A SELLER TO BOXES BY DEDUCTING FROM FUTURE PAYMENTS OWED TO SUCH SELLER, CREDITING SUCH SELLER'S ACCOUNT BALANCE, CHARGING SUCH SELLER'S FINANCIAL ACCOUNT INFORMATION, OR SEEKING SUCH REIMBURSEMENT FROM SUCH SELLER BY ANY OTHER LAWFUL MEANS, INCLUDING COLLECTIONS. EACH SELLER AUTHORIZES BOXES TO USE ANY OR ALL OF THE FOREGOING METHODS TO SEEK REIMBURSEMENT, INCLUDING CHARGING ITS FINANCIAL ACCOUNT INFORMATION ON FILE WITH BOXES, WHICH MAY RESULT IN ADDITIONAL CHARGES TO YOU FROM YOUR FINANCIAL INSTITUTION.
Because BOXES is not an agent of sellers or buyers, BOXES will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. However, BOXES urges sellers and buyers to cooperate with each other to resolve such disputes. Disputes between buyers and sellers are resolved through the Dispute Resolution Process http://box.es/disputes.