Terms & Conditions

Introduction

Box and Bestow, LLC, an Illinois limited liability company and proprietary owner of Box and Bestow™ (“Box and Bestow”, “we”, “our”, or “us”) provides a service through its portal (the “Portal”) in order to enable you to send gifts (“Products”). By purchasing and sending Products through the Portal, you agree to be bound by these Terms and Conditions of Sale (“Terms of Sale”) along with any related terms that we may provide in connection with such purchase.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE THE PRODUCTS.

Please read these Terms of Sale carefully. They require the use of binding arbitration. See Applicable Law and Resolution” for more information.

These Terms of Sale give you specific legal rights, and you may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability in these Terms of Sale will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms of Sale may not apply to you.

In the case of inconsistencies between these Terms of Sale and information included in any other materials related to the Products (e.g., promotional materials and mailers), these Terms of Sale will always govern and take precedence.

Availability and Cancellations

All Products offered on the Portal are subject to availability, and we reserve the right to impose limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Box and Bestow reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

Pricing and Payment

Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed. By providing a credit card or other payment method accepted by Box and Bestow, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).You will provide Box and Bestow with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Box and Bestow reserves the right to cancel your order and to seek any other legal remedies that may be available. Box and Bestow is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Box and Bestow. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Portal. Box and Bestow’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Box and Bestow’ income. In the event you want to change or update payment information associated with your Box and Bestow account, you can do so at any time by logging into your account and editing your payment information.

Terms of Payment (Non-Credit Card Purchases)

Subject to the approval of Box and Bestow’s Credit Department, if Box and Bestow accepts an order for payment other than by credit card, terms are net thirty (30) days from the date of purchase, payable in U.S. currency. If any payment owed to Seller is not paid when due, it shall bear interest at a rate of 1.5 percent per month or partial month, but not to exceed the maximum rate permitted by law, from the date on which it is due until it is paid. Box and Bestow shall have the right, among other remedies, either to terminate the Agreement or to suspend further performance under this and/or other agreements with you in the event you fail to make any payment when due. You shall be liable for all expenses, including attorney’s fees, relating to the collection of past due amounts.

Shipment and Delivery

Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Portal from time to time. Shipments are made F.O.B. Box and Bestow’s shipping point. Any claims for shortages or damages suffered in transit shall be submitted by you directly to the carrier. While Box and Bestow will use all reasonable commercial efforts to maintain the delivery date acknowledged or quoted by Box and Bestow, all shipping dates are approximate. Box and Bestow reserves the right to make partial shipments. Box and Bestow shall not be bound to tender delivery of any Products for which you have not provided shipping instructions.

Storage

If you do not take delivery of all Product within 90 days after placing your order and being advised that the Product is ready for shipment, Box and Bestow will charge you a monthly storage fee at the rate of $30.00 per Product SKU type, per month. This amount will be deducted from you credit card on file with us. If we do not receive payment from you within 30 days after notice to you, we reserve the right to dispose of the Product in any way we determine in our sole discretion. Box and Bestow will insure all Product while it is our possession against fire and other casualty.

Reservations and Preorders

Products available for reservation and pre-order are not offers for sale by Box and Bestow. Your placement of a reservation and pre-order does not create a contract for sale. By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Box and Bestow to purchase the Product subject to these Terms of Sale. You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. When the Product is offered for sale, Box and Bestow may accept your offer to purchase Products subject to these Terms of Sale. At that time, Box and Bestow will capture payment on the payment card you provided. Box and Bestow may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

Resale and Title Transfer

Purchases made on the Portal are intended for end users only, and are not authorized for resale. Title for Products purchased from the Portal passes to you at the time of delivery by Box and Bestow to the freight carrier.

Returns

Box and Bestow will accept returns only if the Products delivered to you are defective or did not properly fill the order. If, for these reasons, you want to return the Product you purchased from the Portal that has been shipped to you for a refund, you must notify us no later than 60 days following the date of purchase (whichever is later) (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Box and Bestow customer support and clearly stating your desire to return the Product and your agreement to any applicable restocking fees. The Product must be returned within 14 days after you contact us to request a refund. Unless we confirm that the Product is faulty or not as described when we receive the returned Product, you will be responsible for all costs associated with returning the Product to us. Following this confirmation, we will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any restocking fees, promotional merchandise or discounts you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Box and Bestow of the returned Product.

Warranties and Disclaimers

The Portal and all content displayed in connection with the Portal is provided on an “as is” and “as available” basis and without warranties of any kind EXCEPT THAT WE GUARANTEE THAT OUR FOOD AND BEVERAGE PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, BOX AND BESTOW’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY YOU, OR TO REPLACE AND DELIVER AN EQUIVALENT FOOD OR BEVERAGE PRODUCT AS SOON AS REASONABLY PRACTICABLE. THIS WARRANTY DOES NOT EXTEND TO PRODUCTS BEYOND THE EXPIRATION DATE OR BEST USED BY DATE FOR FOOD AND BEVERAGE PRODUCTS IF YOU DO NOT TAKE DELIVERY WITHIN A REASONABLE TIME AFTER PLACING YOUR ORDER. To initiate a return under the Limited Warranty for your Product, you should contact us at admin@boxandbestow.com

EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY, BOX AND BESTOW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PORTAL OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY BOX AND BESTOW, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) BOX AND BESTOW BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF BOX AND BESTOW KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BOX AND BESTOW’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BOX AND BESTOW FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BOX AND BESTOW DISCLAIMS ALL LIABILITY OF ANY KIND OF BOX AND BESTOW’ LICENSORS AND SUPPLIERS.

IT IS THE INTENTION OF YOU AND BOX AND BESTOW THAT THIS PROVISION BE CONSTRUED BY A COURT OR ARBITRATOR AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

Data Protection

By placing an order for Products, you agree and understand that Box and Bestow may store, share, process and use data collected from your order for the purposes of processing the order. Box and Bestow will protect your information in accordance with its Privacy Policy available at https://www.boxandbestow.com/privacy-policy/. Box and Bestow works with other companies that help Box and Bestow provide Products to you, such as third party suppliers, freight carriers and credit card processing companies, and Box and Bestow may have to share certain information with these companies for this purpose.

Electronic Communications

You are communicating with Box and Bestow electronically when you use the Portal or send email to Box and Bestow. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you login to the Portal, we collect and store your email address. From that point forward, your email address may be used to send you information about Box and Bestow’s products and services unless you opt-out of such emails using the opt-out link in the emails.

General

Modification

Box and Bestow may modify these Terms of Sale at any time. Every time you order Products from Box and Bestow, the Terms of Sale in force at that time will apply.

Applicable Law and Dispute Resolution

These Terms of Sale shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Box and Bestow has not adhered to these Terms of Sale, please contact us by e-mail at admin@boxandbestow.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Box and Bestow are unable to reach a resolution to the dispute, you and Box and Bestow will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Chicago, Illinois office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND BOX AND BESTOW AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN BOX AND BESTOW AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BOX AND BESTOW ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Box and Bestow otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Sale must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, Box and Bestow may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.

Geographic Restrictions

Although the Portal is accessible worldwide, the Products offered on the Portal are only intended for shipment to, and consumption in, the United States.

Notifications

Box and Bestow may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Box and Bestow Account, hard copy, or posting of such notice on the Box and Bestow website. Box and Bestow is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Force Majeure

Box and Bestow will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, pandemics, governmental action, labor conditions, earthquakes, material shortages, transportation delays, or any other cause which is beyond Box and Bestow’ reasonable control.

Waiver

The failure of Box and Bestow to enforce any right or provision in these Terms of Sale will not constitute a waiver of such right or provision unless acknowledged and agreed to by Box and Bestow in writing.

Construction

The headings of Sections of these Terms of Sale are for convenience and are not to be used in interpretation.

Contact

Box and Bestow is located in Schaumburg, Illinois. Any questions, comments or suggestions, including any report of violation of these Terms of Sale should be provided Box and Bestow as follows:

By E-mail: admin@boxandbestow.com

By Postal Mail: Customer Relations, Box and Bestow, LLC, 550 Albion Avenue, Schaumburg, Illinois 60193.

Entire Agreement

These Terms of Sale constitute the entire agreement between you and Box and Bestow with respect to the Products, superseding any prior agreements between you and Box and Bestow. The failure of Box and Bestow to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is found by a court of competent jurisdiction or an arbitrator to be invalid, you and Box and Bestow nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Sale shall remain in full force and effect.