Last updated: February 3, 2022
This Terms and Conditions includes important information about your user agreement and we encourage you to read it carefully.
Welcome
Welcome to NYBOX! We hope you will enjoy using our site/app and our services. This is your user agreement. These terms and conditions explain Nybox’ s obligations to you and your obligations to Nybox, and they govern your use of the Nybox.com website and mobile application, the use of your Nybox account, and the Nybox services provided to you. By registering for a Nybox account, you are entering into this legally binding user agreement with Nybox, on behalf of yourself and/or the entity you represent. You acknowledge and agree that you have read and will comply with all these terms and conditions.
Use of Nybox.com website, Mobile App and Your Nybox Account
The Terms.
In these terms and conditions, the terms 'you','your' and 'member' refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms 'we' 'our' and 'NYBox' refer to ViaNY Inc, its related companies, and/or its third-party suppliers.
Acceptance.
You agree that clicking the 'Sign up' button to register for a NYBox account is valid and equivalent to signing a hard-copy printed agreement between you and NYBox.
Membership Account Creation.
To register to use NYBox services, you need to provide NYBox with a current, valid e-mail address, your street address, and contact phone numbers. You confirm that the information you provide is accurate and that you will update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You may not open more than one NYBox account.
No Transfer of Account.
You may not transfer your NYBox account or your account login/password to any other person.
No Service Countries.
You may only create a NYBox account and use NYBox services in a country listed in the pricing page pull-down menu on our website.
Security.
You agree to keep your NYBox password confidential, to safeguard it and your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the NYBox website, mobile App and of your NYBox account made under your login and password. If you become aware of or suspect any unauthorized use of your NYBox account, or any known or suspected security breach such as disclosure or loss of your password or theft of your NYBox account information, you should notify NYBox promptly.
Your Warranties and Representations.
You warrant and represent that:
- you are at least 18 years of age or the legal age of majority in your country,
- you have obtained all necessary permissions to enter and perform this agreement, and
- you will use the NYBox services only for lawful purposes and in accordance with these terms and conditions.
Data Protection.
To provide quality services to you, we collect certain personal information about you, including but not limited to your name, address, e-mail address and telephone numbers. Our website also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalize your experience as a NYBox member. Our information practices are subject to NYBox's Privacy Policy.
Use of the Website and APP.
You may not use the NYBox website, mobile APP or NYBox services for any unlawful purpose. We reserve the right to terminate or restrict your access to your NYBox account and your use of NYBox services if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of this Agreement.
You may use the NYBox services solely for your personal use including your friends and family members or for use by the business entity you represent. If you intend to resell products you receive via NYBox services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable restrictions on resale required by the merchant.
Intellectual Property.
NYBox websites, mobile application, user interfaces, the 'look and feel,' the content, and all associated and underlying software, know-how, methodologies and processes are and will remain the sole property of NYBox or its third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The use of the software, the data generated by the software, and all other materials made available on this website and mobile App are licensed to you by NYBox on a nonexclusive and limited basis.
- You may not copy, reverse engineer, decompile or create derivative works from the NYBox website or mobile App.
- You may not use any meta tags or any other 'hidden text' which incorporate NYBox' s name or trademark unless we give our prior written consent.
- While you are using the website and mobile App, you may print out or electronically store any or all of the web pages or screens but solely for your personal use.
- You may not scrape, frame, or display information from the NYBox website or mobile App for use in another website or service without our prior written consent.
- You may not place a hyperlink to NYBox on your site except in the manner we specify.
Infringement
We respect the intellectual property rights of others, and we make efforts not to publish any material that is subject to third party copyright, trademark or other legal protections. If you believe any material on the website or mobile App infringes your intellectual property rights, please inform us by submitting an Infringement Complaint.
Trademarks.
Use of this website or mobile App does not grant you a license to use the NYBox trademark. It may not be copied, downloaded, reproduced, used, modified, or distributed in any way without our written permission. All other trademarks or trade names displayed or referred to on our website and mobile App are the property of their respective owners.
Other Websites.
NYBox is not responsible for the content or accuracy of information obtained from any third party (non- NYBox) website which may be linked to the NYBox website, or which you may access from this website.
Disclaimer of Warranty.
Your use of the website and mobile App is at your own risk, and you acknowledge that NYBox web-based services are provided on an 'as is' and 'as available' basis. While we endeavor to provide accurate and current information via our website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. The website is not warranted to be uninterrupted or error-free. NYBox is not liable for any inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, software you use for such access, or other causes beyond NYBox's control.
Limitation of Liability.
In no event will NYBox be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your NYBox members account or the NYBox website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during international shipment, NYBox's maximum liability, and your exclusive remedy with respect to any errors in NYBox services provided to you under this agreement, is limited to US$100 (or equivalent) per incident. Some countries or states do not allow the disclaimer of implied warranties or limitation of certain damages, so such disclaimers and limitations may not apply to you.
Notices.
E-mail notices, newsletters and/or information on the website will be the primary methods by which we will communicate. We will send notices and any other important information to you at the e-mail address you supply when you are registering your NYBox account or have subsequently updated. You can send notices or other communications to NYBox using the e-mail, Live Chat or Phone on the Contact Us page.
Modification of NYBox Terms and Conditions.
We may modify these terms and conditions at any time without notice. Your continued use of your NYBox account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.
Purchasing products from merchants
Ordering Products.
You place an order with an online merchant, either through links on this website or directly from the merchant's website, or via our 'Buy For Me' service. You will pay the merchant directly for the product and the cost of domestic shipping (if applicable), for delivery to your NYBox address. You agree to comply with any conditions and restrictions of sale which are specified on the merchant's website or which you are notified of during the purchase process.
Correct Addressing.
You will take all reasonable measures to ensure that the products you order are correctly addressed to your NYBox address, including your name and your suite number.
Purchase Transaction Between You and the Seller.
NYBox provides services enabling you to shop online from merchants' websites in another country and have products delivered to you in your home country; however, NYBox does not sell the products to you. You are solely responsible for selecting and ordering the products from the merchant, and your purchase of a product is a transaction solely between you and the merchant. NYBox makes no representations, warranties or guarantees regarding the quality or suitability of the products you order.
- We have no liability for any failure of a seller to ship to your NYBox address or to fulfill your order, or for any defects in any product you purchase, or any injury or damage that any product may cause, or for any other failure of the product to meet your expectations.
- We do not handle communications with sellers regarding product exchanges. That is your responsibility. We will, upon your request, arrange for the return delivery of item(s) ordered from the seller if the goods are still at your NYBox address. Applicable return charges will apply.
- If after delivery to you, you determine that any product is defective or does not otherwise meet with your expectations, you agree that you will hold NYBox harmless from any liability and will seek any remedies solely from the seller.
Membership.
The Standard Membership is Free and have no minimum service period and can be terminated anytime. The Premium Subscription membership has minimum service period of ninety (90) days. Member can switch back to standard membership any time after minimum service period passed.
- Monthly membership charges are non-refundable.
- Monthly and annual memberships are automatically renewed unless you select ‘do not renew’ option at your profile.
The 'Buy For Me' service.
If the merchant does not or will not accept your international payment method, you may use our Buy For Me service for a nominal fee. Buy For Me Service places the order for you in your name as the ‘purchaser,’ according to the instructions you provide, and pays for the purchase on your behalf. For detailed information, see our FAQ page.
The following conditions apply to all Buy For Me orders:
- The instructions you give us in the Buy For Me order form must specify the exact product description (including price, quantity, color, size, merchant’s reference code, etc.) and any discount codes you believe may apply.
- A Buy For Me order cannot be changed or cancelled once it has been placed.
- We will not place (or we will cancel) a Buy For Me order if you do not supply sufficient information;
- or if it includes any Prohibited Item;
- or any item in the order is out-of-stock;
- or the total price (including any applicable local tax and domestic shipping charges) is higher than the amount you have authorized.
Your purchase of a product through our Buy For Me Service is a transaction solely between you and the merchant, even though we assist you by placing your order and making payment on your behalf. We make no representations, warranties, or guarantees regarding the quality or suitability of the products you order through the Buy For Me Service. We are not responsible if the merchant fails to fulfill the order, ships the wrong product, does not apply any discount code you specified, or any other failure of the product to meet your expectations and you will hold NYBox harmless from any liability. You will need to contact the merchant directly regarding such discrepancies.
Receiving packages at your NYBox Address
Receiving Procedure.
We will accept packages delivered to your NYBox address. We will notify you when they are received, advise you with details of your packages and seek your instructions for shipping, repacking or storage of the packages.
We will not accept parcels or packages delivered on a COD (Cash On Delivery) basis.
You are the only person authorized to pay for and ship the package, including shipping packages to your friends or family members. The delivery address must be in the same country as the country where you are located; you cannot ship packages to individuals in any other country. Also, the payment must be via a card or payment method issued in the same country where you are located.
You will use your NYBox address only for package consolidation purposes. You will not represent that NYBox address is the address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that your NYBox Address is the address of the place of your business or residence. Failure to comply with this requirement may result in the cancellation of the NYBox account.
You are responsible for informing the seller that any merchandise purchased and sent to NYBox facility ultimately will be exported out of the United States. You are also responsible to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. Make sure that any merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to NYBox facility by the seller.
Loss or Damage of Products in Transit to our facility.
NYBox will not be liable for products lost or damaged in transit from the merchant to the NYBox facility. We reserve the right to refuse delivery at the NYBox facility if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, we will return the product to the sender and will notify you.
Inspection of Packages.
NYBox has the right to open and inspect any package, or part thereof, for security purposes and to verify compliance with export and import laws without prior notice and without liability to you.
Prohibited Items.
NYBox will place on ‘hold’ all products that are restricted or prohibited for export or import to the destination country. Additionally, any product deemed unsafe for international transportation will be prohibited for shipment and placed on hold. See our Prohibited items in FAQ.
After you have been notified of the ‘hold’ status, we will, at your request, arrange for the item to be either returned to the merchant, shipped to an alternative US address (as applicable), or get disposed. You will have 14 days to advise disposition of the product. If you have not responded to our notification within 14 days, the product may be destroyed.
- Products that cannot be legally sold (such as illegal drugs) cannot be returned to the merchant or shipped to an alternative address. They are subject to seizure by law enforcement authorities, who may investigate further.
- If we are not able to determine whether a specific product is export restricted. In such cases, NYBox may submit such items for review by the government agency responsible for export compliance.
Mail Acceptance
NYBox may not accept mail from USPS until we receive form 1583, authorizing us to accept mail for your behalf. USPS Mail receiving service for Premium members only. NYBox is a registered commercial mail receiving agency and is subject to federal laws and regulations regarding commercial mail receiving and forwarding.
Storage at the NYBox facility
Storage of Packages.
We will store packages for you, free of charge, for a period of up to 30 days from the date received at your NYBox address. We will send you reminders before your 30-day free storage period expires. After 30 days, we will store packages but only for a maximum of 65 days. There will be a storage charge of $0.20 per pound per day for Premium members, and $0.50 per pound per day for Standard members, which will be payable by you at the time of requesting shipment. We will send you a reminder before maximum storage days reached. Any package for which you have not given us shipping instructions by the end of a total of 65 days will be deemed abandoned, and we may dispose of it in any manner permitted by law.
- Should you determine that you no longer wish to ship items stored in your suite, for whatever reason, you are entitled to request their disposal. Where products can be returned to the merchant, NYBox will arrange this at your cost. Any correspondence required with the merchant must be conducted by you. If the products cannot be returned to the merchant, NYBox will arrange disposal.
Unidentified Packages.
Sometimes we receive packages where the appropriate recipient cannot be identified, e.g., the member’s name and/or the suite address may be missing.
If you have ordered a product and there is an unusual delay in receiving notification from NYBox that there is a package waiting for you, you should contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is there.
- Any goods received at our facility for which an owner cannot be determined will be held for 90 days. If they remain unclaimed after 90 days, NYBox will have the right to dispose of them in any manner permitted under applicable law.
International shipment and delivery
Shipment of Packages.
When you request packages to be shipped, NYBox will prepare your international shipment with selected carrier to the delivery address you specified.
Appointment of NYBox as Agent.
You appoint NYBox to act as your agent to consolidate and export purposes by receiving your merchandise, which will be sorted, packed, and consolidated. NYBox arranges for export of your package to your specified address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment.
NYBox act on your behalf as your true and lawful agent for the following specific purposes:
- preparation of shipping documents.
- preparation of any Certificates of Origin.
- preparation of an EEI via AES in accordance with the laws and regulations of the United States.
- preparation of an airway bill or any other document required to export merchandise to you.
- entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements;
and
- authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
If an EEI is required for goods originating within the United States, NYBox will file the required export information on behalf of the member as its agent pursuant to this section. If the member fails to provide all the information needed to accurately file an EEI, NYBox will decline to process the merchandise for export. NYBox reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The member also acknowledges that under such circumstances, NYBox will not reimburse the member for the value of the merchandise.
The member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the member by the U.S. government for making false or fraudulent statements with respect to this information.
Accurate Value Declaration. Customs Duty and Tax
An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws. If the value for the merchandise is not listed on the invoice/packing list provided by the merchant, or if no invoice is available, You are responsible for providing NYBox with the true and accurate value. You are solely responsible for the correctness and accuracy of information you provide to NYBox regarding the value of your item(s) in your package. You agree to indemnify and hold NYBox harmless from any liability for any under-declaration of value or other misrepresentations you might make.
You acknowledge that:
Packages may be inspected at any time by export and import authorities. Packages with under-declared valuations may be delayed by the relevant Customs authorities, who may dispute and correct the declaration – in which case, you might possibly have to pay additional duty, fines, or penalties.
- Customs duties, taxes, and any service charges at your country will be your responsibility.
Shipping Charges.
Shipping costs are based on the weight and dimensions of your packages. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
-Dimensional weight is calculated by multiplying the length by width by height of each package in inches and dividing the total by 139.
Delivery.
NYBox will make every reasonable effort to get your shipment delivered to you with the carrier you have selected to ship with. NYBox is not liable for any damages caused by carrier's delay.
- Shipments will be delivered directly to most addresses. However, in certain remote areas, you may need to pick up your package from the closest selected carriers service point.
Compliance with Law: No Illegal Materials or Prohibited Goods.
You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use NYBox to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances.
Goods are unacceptable for shipment if:
- They are in NYBox's list of Prohibited Items;
- the goods are classified as hazardous material, dangerous goods, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), export control laws and regulations, import or customs regulations, or any of the laws or regulations of any applicable government department or other relevant organization; or
- we decide that we cannot transport an item safely or legally (such items include but are not limited to; animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography and illegal narcotics/drugs).
Export and Import Compliance.
You acknowledge and agree that:
- You will comply with all applicable export and import laws and regulations.
- NYBox will at all times comply with all applicable export and import laws, and we will refuse to ship any package which we know or have reason to suspect is in violation of such laws; - We will refuse to ship any item that requires an export or import license.
You will not use or attempt to use NYBox to receive or send:
- any items that are specially designed, modified, adapted, or configured for a military application; or
- any dual use items that are subject to export license requirements; or
- any products that are intended to be used in chemical biological weapons, missile technology or nuclear proliferation.
For items being exported from the US, you expressly agree not to divert, reship, or forward any part of a shipment:
- to any country which the US Department of the Treasury, Office of Foreign Assets Control (OFAC) has designated as supporting international terrorism (currently Cuba, Iran, North Korea, Sudan, Ukraine 'Crimea Region', and Syria), or
- to any individual or entity named in: the OFAC list of Specially Designated Nationals and Blocked Persons; or any of the lists maintained by the US Department of Commerce Bureau of Industry and Security - the Denied Persons List, the Entity List, or the Unverified List; or
- any of the lists maintained by the US Department of State - the Debarred Parties List or the Proliferators List.
You will be liable and agree to indemnify NYBox for any costs, penalties or fines which may be incurred if any shipment is found to violate any of these conditions and for any legal costs that NYBox incurs in connection with such violations. NYBox will have the right to terminate your account and your use of NYBox services if you violate any of the above agreements and acknowledgments.
Limited Liability for Lost or Damaged International Shipments.
Every package shipped internationally from the NYBox facility is transported on a limited liability basis, relating to direct loss only and subject to the limits specified in the Warsaw Convention (currently $US 25.00/kilogram or $US 11.34/lb per shipment). All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest, or future business).
Shipping Insurance
Shipping companies liability for is limited to US$100 for each package. If you wish to obtain additional insurance coverage to shipments which have actual value greater than the carrier’s liability , you can purchase additional Insurance coverage. Based on the insured value, each $100 of insured value costs $2.99.
Damage to Used or Second-hand Goods Not Covered. Insurance will not cover damage to used or second-hand merchandise, although it will cover loss of those goods in transit.
What is Not Covered. Insurance covers loss or damage during international shipment. It does not cover any of the following:
- indirect loss or damage,
- loss or damage caused by delays, or
- loss or damage to the package sent by the seller to our export facility.
- damage to used or second-hand goods.
- Refunds, returns, claims.
Lost or Damaged International Shipments.
In the case of loss or damage to all or part of a shipment, NYBox will refund the shipping charges for the affected package (and the price of the goods if the shipment was covered by insurance) by the same method as you used in paying for our services where possible. Where this is not possible, we will issue a credit to your account that will be applied to your next shipment.
Claims.
Any claims for loss or damage must be made to NYBox within 14 days from the date of delivery of the package to you, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item. See our FAQ
Product Returns or Exchanges.
If after delivery to you, you wish to return an item to the merchant from which you purchased it, you will need to make direct arrangements with the merchant as soon as possible for any return, refund, or exchange of items in accordance with the merchant's terms and policies. Many merchants require you to obtain advance authorization for product returns and may give you a return authorization number. We will, upon request, help to arrange return shipping to the merchant from your home country, at your cost.
General
Modification of NYBox Services.
We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination.
Termination.
You may terminate this agreement and your use of your NYBox account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.
Circumstances Beyond Our Control.
NYBox is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to NYBox; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.
Indemnification.
You agree to indemnify, defend and hold NYBox and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable attorney’s fees) incurred by NYBox which result from your use of the NYBox website / mobile App and NYBox services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtaining NYBox services, any mis-declaration of contents or value or packages for export purposes, and/or your failure to comply with these terms and conditions.
Entire Agreement.
These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the NYBox website, your use of your account, and the provision of NYBox services. Any other written or oral statements are superseded and of no effect.
Partial Invalidity.
If any provision of this agreement is judged by a court or body having jurisdiction as illegal, invalid, or unenforceable, such provision will be deemed deleted without affecting any other provision.
Waiver.
If either you or NYBox fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.
Conflict of Law.
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of New Jersey. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts, and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.