Terms and Conditions

Customer Agreement

The BoxGod LLC’s Customer Agreement (the “Agreement”) is between you (the “Customer” or “you”/ “your”) and The BoxGod LLC (the “Company”) as defined below. You and the Company shall each be referred to as a “Party” and together the “Parties” in this Agreement. 

This Agreement governs the purchase of your Product(s), including the policies, obligations, delivery, payment, cancellation, and/or termination of the purchase. 

By accepting this Agreement and executing payment for the Product(s), you agree to be bound by its terms. 

  1. Definitions     

1.1           “Data” means any item, data, or other material of any type that you upload or submit to the Website which can be indexed. This includes your name, address, Payment Method, or any other personal information. Data also includes end-user profile information, visits, sessions, impressions, click throughs, or stream data and the statistical analysis made available through your account with the Company. 

1.2           “Product(s)” refers to the bespoke box that is designed, manufactured, and created by the Company based on the size, color, artwork, quantity, and type of box requested by the Customer in the Customer Request Form. 

1.3           “Social Media Platforms” includes Facebook, Instagram, Snapchat, Twitter, YouTube, Pinterest, Tumblr, online blogs, or any other web-based technology that enables the development, deployment, and management of social media solutions and services.  

  1. Use of Website and Social Media Platforms

2.1           You may use the Company’s website https://theboxgod.com/ (the “Website”) and Social Media Platforms to browse, review, purchase or consider purchasing a Product from the Company. 

2.2           The Website and Social Media Platforms allow direct purchase and/or provides inspiration for a unique Product for purchase by the Customer. 

2.3           From time to time, the Company may change the cost of a direct purchase or the cost of creation for a Product. 

  1. Purchase and Payment of Product(s)

3.1           You are required to provide your credit card, debit card, ACH, wire transfer, or PayPal information for payment (“Payment Method”) unless otherwise agreed. 

3.2           Unless otherwise noted, all payments by the Customer shall be in United States Dollars. 

3.3           Your purchase of the Product(s) is only considered complete when the Company processes the total payment for the Product on the provided Payment Method. 

3.4           If your Payment Method fails for any reason, you will be notified by the Company immediately and will need to provide another Payment Method within 24 hours. If you fail to provide another Payment Method within the 24 hour period, your purchase may be cancelled. 

3.5           The Company reserves the right to prevent you from making purchases for Product(s) on the Website or Social Media Platforms for any reason, including if your Payment Method continues to fail. 

  1. Customer Obligations 

4.1           Once payment has been processed for the Product(s), you will be notified by the Company. The Company will create the Product(s) based on the size, color, artwork, quantity, and type of box you described in the Customer Request Form. 

4.2           The details for the design of the box in the Customer Request Form must be reasonable and appropriate, and should not include any defamatory or crude language. The Customer Request Form is subject to review by the Company. The Company may decline the creation of any Product that it determines to be unfit. 

  1. Delivery 

5.1           The Company and the Customer will agree upon a date for completion and delivery (the “Delivery Date”), which will be noted in the Customer Request Form. If the Product(s) cannot be delivered by the Delivery Date, the Company will notify the Customer at least 72 hours prior to the Delivery Date. At that time, the Company will inform the Customer of a new Delivery Date. 

5.2           The Product(s) will be delivered by the shipping method chosen by the Company and paid for by the Customer as noted in the Invoice. 

5.3           The Customer agrees that the Company shall not be liable to any damages or refunds due to a delay in delivery. 

  1. Refund Policy 

As mentioned in the Terms and Conditions on the Website, since all orders are made to custom specifications, we do not allow cancellations or refunds. 

  1. Data Security

The Company implements commercially reasonable security procedures to help protect your Data from security attacks. You understand that use of the Company’s Website may necessarily involve transmission of your Data over networks that are not owned, operated, or controlled by the Company, and the Company is not responsible for any of your Data lost, altered, intercepted, or stored across such networks. The Company cannot guarantee that its security procedures will be error-free, that transmission of your Data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers. 

  1. Social Media Policy 

The Company has a right to use any and all of the Customer’s or any third-parties’ posts from their Social Media accounts for the purpose of Company marketing and promotion. The Company is not liable for the use of a Customer’s posts by any unrelated third-party. 

  1. Warranty

Each party represents, warrants, and covenants that they have the full right, power, and authority to enter into this Agreement, to grant the rights and licenses under this Agreement, and to perform the obligations under this Agreement. 

  1. Disclaimer

THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED, OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

  1. Limitation of Liability 

IN NO EVENT WILL THE COMPANY BE LIABLE TO THE PARTY OR TO ANY THIRD-PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification 

You agree to indemnify and hold harmless the Company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, (a) any actual or alleged breach of this Agreement by you or anyone using your account, (b) your, or anyone using your account, violation of any laws or regulations, or (c) your gross negligence or willful misconduct.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Governing Law and Venue 

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision.

  1. Taxes 

You must pay all taxes, fees, and surcharges set by international, federal, state, and local governments. 

  1. Dispute Resolution; Arbitration

Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments, or appendices attached to this Agreement, or the transactions contemplated hereby. Any dispute, controversy, breach, or claim arising out of, in connection with, or relating to the performance of this Agreement or its termination shall be settled by arbitration. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof. 

  1. Notices 

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the Company. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving Party, and (b) if the Party giving the Notice has complied with the requirements of this Section.

  1. Force Majeure 

Neither Party shall be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Parties including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest, national emergency, revolution, insurrection, epidemics, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.  

  1. Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Entire Agreement 

This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire Agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.