1. Services in General
This agreement is entered into by and between SkyBOX Inc. dba SkyBOX Checkout (hereinafter referred to as "SkyBOX" or “we”) and You (hereinafter referred to as "Customer"). While you may have been looking at merchandise on a retailer’s website (internet website, mobile app, tablet app, etc.), any purchases that you make through this checkout (SkyBOX Checkout) will be made from SkyBOX Checkout, as more fully described below. By visiting SkyBOX Checkout and/or placing an order for the purchase of merchandise from SkyBOX Checkout, you agree that such order for a purchase (a “Purchase”) is bound by the terms & conditions (“Terms & Conditions”) set forth herein.
SkyBox Checkout always provides the Customer the estimated full landed cost for their order including duties and taxes on a partner retailer’s website. The full landed cost is defined as the total price of a product once it has arrived at a buyer’s door. The full landed cost includes the price of the product, all transportation fees, customs, duties, taxes, insurance, currency conversion, handling and payment fees. The SkyBOX Checkout service may be integrated directly into the shopping cart of the retailer or be hosted by SkyBOX checkout in a secure iframe.
If you select the full landed cost option at checkout (prepay duties and taxes), we guarantee our estimate and you will never be charged any additional fees for the delivery of your order. However, if you select to pay duties and taxes upon delivery, your local customs authorities may assess the duties, taxes, and clearance fees due differently and we therefore cannot guarantee that the amount you will be charged will match our estimation.
Duties and taxes, if they apply, are mandatory and are controlled by the government of the destination country. Altering or marking packages to appear as gifts to avoid duties and taxes is illegal and we will not engage in any alterations to the duties and tax calculation and charges by the governing country.
Skybox Checkout service includes the payment processing in local currency, coordination with retailer to receive goods in the SkyBOX Checkout domestic hub in the United States and screening, forwarding and air shipment from MIA, NYC or LAX SkyBOX hubs, to the destination country of the Customer, including the local delivery to the address as identified in the "Cart Page" or any other address assigned by the Customer, including all actions required for customs clearance. The Customer will inform SkyBOX in writing (electronically) the exact address where the merchandise should be delivered to, in the "Cart Page."
2. Payment and Costs
The Customer hereby authorizes SkyBOX to charge his/her credit card or payment method of choice selected at the Cart page for the expenses incurred by the services. The customer will have the option to pay in their local currencies or in USD and this will be decided by the customer in the checkout process:
a) The product price for the goods on order as defined by the partner Retailer.
b) Freight expenses for shipment of items on order as established by SkyBOX Checkout rates in the shopping cart.
c) Import taxes and other taxes.
d) Expenses with local shipment to destination.
e) Insurance costs (the cost of insurance will be automatically included in the total order cost. SkyBOX offers damage and loss coverage to the objects and merchandise stored by and under control of SkyBOX, limited to US $1000. The SkyBOX responsibility is limited to its obligations for handling the packages in its domestic hub and for the courier services to the local destination, except when there is any applicable law or treaty. The Customer acknowledges and accepts that insurance policies taken out by SkyBOX will have limited coverage of as much as US $1000. The Customer becomes the responsible for taking out insurance to cover values in excess of US $1000. In addition, the Customer shall be the responsible for learning about non-insurable products; if any questions arise concerning product insurance, please, contact Customer Service. If the merchandise is delivered by SkyBOX incomplete or damaged the customer must file a claim within 48 hours at the time of delivery of the package and s/he has 30 days to send SkyBOX the necessary form for the claim.
f) The customer will have the option in the Country/Currency Selector to be charged in their local currency or in USD. If the customer selects to be charged in USD SkyBOX Checkout is not responsible for any additional foreign transaction or currency conversion fees that may be levied by the customer’s financial institution. The order confirmation and invoice with the package will denote the final price in local currency or USD depending on what the customer selected at time of purchase. If the customer needs to be refunded for any reason the refund amount will be calculated at the exchange rate at the time stamp of original purchase.
g) For the safety of our customers SkyBOX may deem it necessary to request additional confidential information to process the purchase of your order such as:
* Copy of your ID Card or Passport.
* Copy of the last credit card statement.
* Hard copy of both sides of credit card.
h) SkyBOX is not responsible for the proper operation or compatibility products purchased at a retailer’s. Any claims or concerns about product representation, operation or compatibility should be directed to the retailer. If products are lost, SkyBOX will only be liable for the reimbursement of the amount indicated on the invoice. SkyBOX is not responsible for buying the same product or replacing the lost product with a new one.
3. Documents of charges and Costs
SkyBOX will make available to the Customer all documentation regarding charges and costs (fees and import taxes) which are the subject of charges on the invoice included with the shipment and the order confirmation (receipt) at time of online purchase.
4. Permit and Authorization
The Customer grants SkyBOX authorization to purchase directly with the partner retailer on their behalf. The Customer understands that SkyBOX Checkout is a third party payment and logistics partner for the retailer. All charges to the customer’s payment method will appear as SkyBOX. By placing the order online you agree to the terms and conditions set forth by SkyBOX. The Customer grants permission and authorization for SkyBOX to perform the necessary procedures, such as filling out postal or customs forms with the purpose to forward merchandise to the final address as informed by the Customer on the cart page. In addition, the Customer is committed to fill out or sign any document which becomes necessary to update or enhance said power. The Customer hereby states that SkyBOX shall not be deemed responsible for any claims against SkyBOX for the reception, handling, consolidation and/or shipment of the order, except for cases in which SkyBOX has acted in fraudulent or seriously neglectful way.
5. Customer Obligations Concerning Air Transportation
(i) The Customer shall become the responsible for all law infringements. The Customer hereby commits to accept the postal laws of his/her own home country and of the United States of America (USA). The Customer hereby commits not to originate or otherwise participate in shipment, receipt and air transportation of illegal or restricted substances or material such as drugs, money in cash, dangerous goods (explosives, inflammables, chemicals, firearms, living animals, perishables, plants and seeds, pornographic material, drugs of all kinds, etc.), or any other article which is forbidden by local customs authorities in the country of destination. The Customer is the sole responsible for getting acquainted with all rules and restrictions before ordering shipments through SkyBOX. SkyBOX shall not be deemed responsible for merchandise loss due to customs seizure.
(ii) The Customer shall become the sole responsible for any law infringement incurred through the use of the SkyBOX service. SkyBOX reserves the right not to forward and refuse any object or merchandise which might potentially produce any kind of loss, damage or penalty to SkyBOX. Some kinds of merchandise may require an export license. The Customer is responsible for providing and submitting to SkyBOX all required documents for such licensing. In case SkyBOX would not receive the documents and the license required to proceed with a given shipment, SkyBOX shall notify the Customer to provide them within five (5) days. In case the missing documents are not supplied within the due lead time, the goods will be retained and stored for 60 days. After 60 days, if no required documentation and/or information are provided, the merchandise will be subject to the procedure as set forth in Clause 2 herein.
(iii) In addition, the Customer hereby authorizes SkyBOX to inspect, open and repack every package which it will come to handle as part of this Agreement, and SkyBOX shall not be deemed responsible for any additional requirement as stated in the airway bill (AWB) or required by the US law.
b) FREIGHT COSTS: The charges are based on the dimensional weight of the merchandise except for: The weight/volume rate rule will apply to some articles whose actual physical weight is greater than the volumetric weight.
c) Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). Merchandise available for Purchase from SkyBOX Checkout is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. By agreeing to these terms and conditions, you are certifying that any items in an Order will not be re-exported, sold, or transferred in violation of any applicable laws.
6. Import Taxes and other Taxes
The Customer shall be the responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package at the country of destination. SkyBOX will provide all required procedures for the customs clearance of the products and will charge the Customer at the time of purchase online or, at its sole discretion, will submit a bill for the Customer to pay locally.
7. Delivery Service to Destination
SkyBOX will receive, screen and forward to the Customer’s local address the products purchased on the retailer website. The customs charges and any other expenses incurred in the import of the goods shall be the responsibility of the Customer and will be charged by SkyBOX to his/her payment method, as set forth in Clause 2 herein.
8. Receipt and Delivery Guarantee
The shipments as mentioned herein shall have a transit time within an average lead time of 7-10 working days from their arrival date in the SkyBOX domestic USA hub, provided the required documentation is in compliance with all legal requirements and customs rules and with the conditions as set forth herein, and the international payment on order is valid. SkyBOX shall not be deemed responsible for delays caused by force majeure or problems beyond its own control such as difficulties with airlines, customs or documentation. SkyBOX will try to deliver the merchandise to the final destination as determined by the Customer as many as three (3) times. After the third unsuccessful try, the product will be retained at our local facilities for a period of 60 days. After that time length, the package will be considered as abandoned and will become the property of SkyBOX and may be scrapped.
SkyBOX Checkout’s default return policy is that we do not accept international returns. However, for certain Purchases, in our sole discretion, we may allow returns under certain terms and conditions (“Allowable Returns”). To find out if any merchandise that you may purchase or have purchased pursuant to a Purchase would fall under Allowable Returns, please see the Retailer’s website to see if an international returns policy (“International Returns Policy”) is listed. Please note that not all Retailers have an International Returns Policy and if they do not, then any reference to such a policy herein is irrelevant for your order.
Allowable Returns: If a retailer has an International Returns Policy listed, it shall take precedence over the previous paragraph. Although your order is with SkyBOX Checkout (and we are ultimately responsible for facilitating delivery of the order to you and facilitating returns), we have contracted with the Retailer to have them act on our behalf to publish Allowable Returns (relevant to that Supplier’s merchandise) and to receive returns requests. Also, this means that if you want to return any merchandise that you have purchased, you must contact the relevant retailer for a returns authorization. If authorized by the retailer, pursuant to the International Returns Policy, either SkyBOX Checkout or the retailer will provide you with information regarding the return and instructions on where to ship your return parcel. If the retailer allows, in its sole discretion pursuant to the International Returns Policy, SkyBOX Checkout will reimburse you for any or all of the following, based on the amount that you actually paid: the original sales prices of the returned merchandise, duties, taxes, and any credits or debits. Unless otherwise stated in the International Returns Policy (or otherwise determined by the Retailer in its sole discretion), if merchandise is allowed to be returned hereunder, (a) you are responsible for all costs associated with returning the merchandise (including without limitation shipping costs, duties or taxes imposed for the return, or non-SkyBOX Checkout fees that may be levied or charged) and (b) if you are being reimbursed your original shipping costs (or some part of that) pursuant to Retailer so deciding in its sole discretion, the International Returns Policy or pursuant to relevant law, and you are only returning part of your order, we may only return those shipping costs (or part of those shipping costs) prorated for the merchandise being returned.
10. Denial of Responsibility for the Products
SkyBOX shall neither be deemed responsible for the products which are offered by retailers, nor for possible delays in their shipment to the SkyBOX hub. SkyBOX will ship the products which are received at the assigned address on behalf of the Customer all the way to the shipping address as informed by the Customer in the "Cart Page," therefore providing solely the service of courier.
11. Responsibility for Air Transportation
SkyBOX shall neither be deemed responsible for the products which are offered by US retailers, nor for possible delays in their shipment to the SkyBOX hub. SkyBOX will ship the products which are received at the assigned address on behalf of the Customer all the way to the address as informed by the Customer in the "Cart Page," therefore providing solely the service of courier.
The Customer agrees to indemnify and hold SkyBOX harmless, in case of any claim, loss, fine, tax or complaint for damages, brought by a third-party against SkyBOX as a result of the shipment to the CUSTOMER, so that SkyBOX will be held harmless.
Except in case this Agreement is terminated before its effective date as set forth in Clause 15 herein, this Agreement shall remain valid for one year from the date of purchase.
This Agreement can be terminated by any of the parties, at any time, for any reason whatsoever, by means of written or electronic notice 24 hours after online order confirmation is generated. The order may be canceled by the customer subject to a 15% restocking fee prior to leaving SkyBOX domestic hub. After the order has been shipped there is no possibility for cancelation and order will need to be processed as a return if applicable based on the retailer’s terms and conditions of international returns. If a charge back is detected in one of the credit cards of a client, this client will be automatically locked and therefore the agreement shall terminate. This client cannot open a new order without the written consent of SkyBOX. If a new order is detected without approval it will be automatically canceled.
This Agreement and its rights and obligations shall be governed and construed in accordance with the laws of the Miami-Dade County, State of Florida, United States of America. Should any disputes arise between the parties concerning the validity, effects, rights, breaches and/or performance of this Agreement, which cannot be reconciled, they shall be settled by arbitrators named by the Customer and SkyBOX. Each party will select one arbitrator and they, in turn, will name a third arbitrator. In case there is no agreement regarding the name of the third arbitrator, procedures shall be followed according to the Arbitration Code of the International Chamber of Commerce (ICC), and the arbitrators shall be duly certified by said Chamber and in the process matter. The Arbitration process will be governed by the ICC Code.
Service cancellations must be made directly by contacting SkyBOX Checkout customer service. In case you wish to submit any other document, notice, comment, suggestion, you can also use the website www.skyboxcheckout.com; for other purposes the SkyBOX address is:
Attn: Customer Service
8601 NW 27th St.
Doral, FL 33122