Merchant

When a Store Owner lists an item or product for sale on ShopBox and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.

Order fulfilment is the Store Owner’s sole and full responsibility. All products purchased through a ShopBox online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 5 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your store to be suspended or terminated by ShopBox and damages claimed for the value of the transaction or any further damages in order to rectify the situation.

Use of the ShopBox IPG for processing transactions for your site is solely at the discretion of ShopBox. ShopBox will collect this amount and hold this amount on behalf of the merchant less of any transaction fees (depending on the type of ShopBox Store Account you have signed up for) until the transaction and order has been completed. ShopBox will release balance payment for all orders once every 7 days, less any transactions in the previous 3 working days. This amount will be held in order to ensure that all orders are fulfilled and delivered in a timely manner. The following are rules related to use of the IPG provided by ShopBox:

• • Store Owner will ensure delivery of products or services ordered through ShopBox (Pvt) Ltd only to the address mentioned by the customer.
• • Store Owner will take measures in verifying the authenticity/genuineness of the customer and the transaction prior to issuing goods and services
• • Store Owner agrees to inform ShopBox to refund/reverse all transactions which are decided not to be processed with back to the card account within 4 working days of the transaction.
• • Store Owner’s will also comply to the following Terms & Conditions for Sales Staff and operations
• • Sales Staff will not process transactions on behalf of customers
• • Sales Staff will be trained and notified of requirements to be fulfilled on delivery of goods
• • Sales Staff will immediately inform Store Owner of any suspicious activity/activities in relation to a particular transaction(s) and subsequently Store Owner will notify ShopBox of such activity/activities
• • Sales Staff will obtain an acknowledgement from the customer/receiver of goods on each delivery. The acknowledgement should include a declaration by the customer/receiver of goods that he/she is aware of the sender of goods, personal information of both sender and receiver provided to Supplier are correct and the sender of goods is known to the customer at the receiving end
• • Sales Staff will not deliver goods to any party concerned who is/are unable to provide reasonable information about the sender and who could not meet the requirement mentioned on above item
• • Store Owner agrees to initiate legal actions as and when required and bear any legal fees and damages for transactions confirmed fraudulent by Visa International, Master Card International or the credit card issuing bank of such a transaction. As the ShopBox IPG has been used the responsible store owner will bear up any costs and damages for the cancellation or the suspension of the ShopBox IPG and indemnify ShopBox of liability related to any such transaction.

If any order in not completed or ShopBox is notified of a dispute on an order, ShopBox may delay the payment to the store owner or refund the amount to the customer. ShopBox may also suspend, terminate or claim damages from the store.

• ✔ You are responsible for any customization of Your ShopBox online storefront, including graphics and information.
• ✔ You must have 1 or more customer service hotlines which allow you to answer customer queries and fulfill orders.
• ✔ These lines must be consistently available during standard working hours from Mon-Fri : 9am to 5pm with the exception of Public Holidays in the Democratic Republic of Sri Lanka.
• ✔ Your Store Information must be up to date at all times.
• ✔ You must have documentation such as About Us, Privacy Policy, Terms of Service, and Refund Policy updated at all times on your Store.

Once you agree to a pricing plan offered by ShopBox, you are agreeing to pay the said fee for use of the ShopBox Platform. ShopBox may remind you to make payment to continue using our services and if payment is not made your service may be suspended or terminated at the discretion of ShopBox. If you upgrade to a higher pricing plan you may not be able to downgrade your package. ShopBox may revise fees charged to all Store owners from time to time in at the discretion of ShopBox.

You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your ShopBox online store.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your ShopBox account.

ShopBox’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.

You authorize ShopBox to process any and all of Your ShopBox account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. ShopBox cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your account and password.

You may not use ShopBox online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your ShopBox online store.

We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You expressly understand and agree that ShopBox shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,

including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of ShopBox.

ShopBox does not claim any intellectual property rights over the material You provide to the ShopBox service. All material You upload remains Yours.

You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.

Technical support is only available via email or Our Customer Support Forum, due to the small size of Our team. We are at all times striving to improve this.

ShopBox works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us via email at support@shopbox.lk . ShopBox does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an "as is" and "as available" basis without any warranty or condition.

A breach or violation of these Terms, at the sole discretion of ShopBox, may result in immediate termination of Your Services.

Inclusion in the ShopBox Marketplace is not guaranteed and your store may be removed from the Marketplace at our discretion. Reasons for removal include, but are not limited to:

• • ShopBox receiving customer complaints regarding your store;
• • An incomplete store FAQ section, Privacy Policy, Refund Policy, Terms of Service;
• • Missing brand assets, such as logo, banner, or poor quality photographs.

You agree not to post 3rd party advertisements of any kind in your store front. This includes banner ads, Google Adwords or affiliate programs of any kind.

We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in Your ShopBox online store are in strict conformity with all applicable laws. In the event ShopBox concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. ShopBox reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

The following products, items and services are not permitted to be sold or listed for sale on the Site:

Media which has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:

• • Unauthorized copies of photographs and pictures.
• • Unauthorized recordings of music or concerts.
• • Unauthorized soundboard recordings.
• • Unauthorized reproductions of movies.
• • Unreleased/ pre-release movies or video related thereto such as previews and trailers.
• • Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
• • Unauthorized reproductions of books
• • Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
• • Any video games or software unless such video games and/or software are full retail versions.
• • Media which is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
• • Unauthorized replica, counterfeit and "knock-off" merchandise is prohibited.
• • Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
• • Solutions Manuals.
• • Media transferred from one format to another.
• • Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys and devices of a sexual nature for which one would have to be 18 years of age to purchase. Tasteful nudity may be allowed if the artwork is considered fine art, such as Michelangelo’s David.
• • Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising, or that offer contact information for non-ShopBox transactions.
• • The sale of Internet domain names (URLs).
• • Cash or equivalent instruments.
• • Weapons. ShopBox does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
• • Illegal items. Items sold in a ShopBox online store must adhere to all applicable laws. This includes the sale of items by individuals outside Sri Lanka. Some items that may not be sold on ShopBox Pvt. Ltd. include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
• • Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
• • Living creatures and unauthorized/illegal wildlife products.
• • Offensive material as deemed offensive by ShopBox in its sole discretion including items such as crime-scene photos and human organs and body parts.
• • Real estate.
• • Recalled products.
• • Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
• • Stolen property and goods.
• • Tobacco and tobacco products.
• • Wine and other alcoholic beverages and related products.
• • Unauthorized copies of art in any form.
• • Any product that by listing same on the Site violates any law in any jurisdiction.
• • Counterfeit money.
• • Electronic smoking products.
• • Illegal drugs or drug paraphernalia.
• • Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
• • Lockpicking equipment.
• • Lottery tickets.
• • Coupons.
• • Medical equipment unless approved in advance by Us.
• • No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
• • Postage meters.
• • Slot machines.Tanning devices unless approved in advance by Us.
• • Service contracts or warranties.
• • Additionally, posting of links to outside websites intended to sell items—particularly those with non-ShopBox ordering tools or information or posting promotional logos to credit outside services or services of competing or similar nature is strictly prohibited.
• • Social followers, likes, follows, etc.

ShopBox does allow store owners to setup more than one store, However as a store owner you are not allowed to list identical products in more than one store. Any store owners found listing identical products in more than one store that they operate will have all stores attached to their account immediately disabled, as well as being banned from ShopBox.

As a store owner you agree not to "spam" other products in the ShopBox Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a store owner it also reflects poorly on the entire ShopBox Marketplace. Any stores found spamming the ShopBox Marketplace will have their store and account immediately disabled.

Any store owners found "gaming" the system by creating fake user accounts for any reason will be immediately disabled and banned from ShopBox.

SHOPBOX ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. SHOPBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. SHOPBOX DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS", ‘WHERE IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.

IN NO EVENT WILL SHOPBOX OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, (II) INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT THEREON, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT THEREON, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF SHOPBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SHOPBOX’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED LKR 1000.

If a dispute arises between You and ShopBox, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a "Claim") against ShopBox in accordance with the laws of the Democratic Socialist Republic of Sri Lanka as they apply to agreements without regard to conflict of law provisions.

This Store Owner’s Agreement shall be governed in all respects by the laws of the Democratic Socialist Republic of Sri Lanka as they apply to agreements entered into and to be performed entirely without regard to conflict of law provisions.

Attorneys’ Fees – In the event ShopBox is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Store Owner’s Agreement with respect to a Claim relating to Your use of the Site, You shall reimburse ShopBox for such reasonable attorneys’ fees and expenses.

In the event ShopBox has incurred damages due to the violation of this agreement or any other agreement with ShopBox, ShopBox reserves the right to claim reasonable damages. In the event that ShopBox has to compensate/refund customers of your store due to incompletion of order, unsuccessful order fulfilment within a reasonable time frame, defective products, delivery failure or any implied warranties and responsibilities to a customer ShopBox reserves the right to demand you for the said amount and any other related fees.

These Terms are effective November 1, 2015, for current Store Owners, and upon use of the Site by a new Store Owner. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Store Owner’s Agreement.

This Store Owner’s Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.