TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of openboxretailer.com (the “Site”). This Site is owned and operated by Miriam Cruz-Melton. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Miriam Cruz-Melton and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post the following information on our Site:

• Photos; and
• Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts

When you create an account on our Site, you agree to the following:

1.  You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2.  All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

• Appliances, electronics, furniture, clothing, health and beauty, shoes, toys, pets, open box items.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

User Goods and Services

Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Payments

We accept the following payment methods on our Site:

• Credit Card; and
• PayPal.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• UPS

Phone: 1-800-742-5877

US Postal Service

Phone: 1-800-222-1811

FedEx

Phone: 1-800-463-3339

DHL Express

Phone: 1-800-225-5345

Other Carrier Tracking Information

Contact Information

ABF Freight

Phone: 1-877-609-5681

Aramex

Phone: 1-718-553-8740

Aramex Australia

Phone: Visit the Aramex Australia Courier Locator to find the local number

Asendia

Phone: N/A

Australia Post

Phone: (within Australia) 13-POST-13-7678 / (outside of Australia) +61-3-8847-9045

CEVA Logistics

Phone: 1-844-215-0640

Chilexpress

Phone: +56 2 2845 0712

Deprisa

Phone: (from Bogotá) 4051405 / (rest of country) 01 8000 519393

ECMS EXPRESS

Phone: 1-855-266-9299

Fidelitone

Phone: 1-844-524-6320

Gaash

Phone: +972-072-260-8001

Hanjin

Phone: +82-1588-1612

i-parcel

Phone: 1-800-782-7892

Israel Post (ILP)

Phone: +972-076-887-1216

Innovel Solutions

Phone: 1-888-460-5404

Kerry eCommerce

Phone: (from Hong Kong) (+852) 3513 0786

Landmark Global

Phone: 1-888-205-2251 (Toll free)

LaserShip

Phone: 1-804-414-2590

Lonestar Overnight

Phone: 1-800-800-8984

Menlo Worldwide/UPS Supply Chain Solutions

Phone: 1-800-443-6379

Naqel

Phone: +966920020505 (in SA) / 1- 800-246-4444

Ninja Van

Phone: (+65) 6602 8271

NSD

Phone: 1-833-744-7673

OnTrac

Phone: 1-800-334-5000

Parcel Pool

Phone: 1-877-727-2354

Pasar Express

Phone: (from Bogotá) 571 2916500 / (from Medellin) 574 6042828 / (From Cali) 572 4897575 /

(rest of country) 01 8000 111 752

Pilot

Phone: 1-877-549-0160

Pitney Bowes

Phone: N/A

Servientrega

Phone: + 571 7700200

SF Express

Phone: (from Hong Kong) (+852) 2730 0273 / (from Taiwan) (+886) 2 2192 6063

TForce Final Mile (formerly Dynamex)

Phone: 1-855-396-2639 / (from Canada) 1-800-387-7787

XPO Logistics

Phone: 1-833-502-9774.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected.

Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 30 days after receipt of your goods.

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure:

Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage.

Guarantees

The following guarantees apply to our Site:

Satisfaction Guaranteed.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation

will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Miriam Cruz-Melton and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Miriam Cruz-Melton and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Illinois.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

©2002-2021 LawDepot.com®

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(888) 901-7775

support@openboxretailer.com

Mokena, IL 60448

You can also contact us through the feedback form available on our Site.

Effective Date: 16th day of December, 2021