Terms And Conditions

Last Updated: July 7, 2026

1. Overview & Agreement to Terms

This Terms and Conditions Agreement ("Agreement") forms a legally binding contract between BREBOX LLC ("Company," "we," "us," or "our"), a limited liability company registered in the State of New Jersey, and you, whether personally or on behalf of an entity ("you," "User," "Buyer," or "Vendor"). This Agreement governs your access to and use of our e-commerce platform, website, and mobile applications (collectively, the "Platform").

2. The Nature of the Marketplace

Our Platform operates as an online marketplace for physical goods. We connect independent third-party sellers ("Vendors") with consumers ("Buyers").

1. No Transfer of Title: Except for logistics facilitation outlined in Section 5, the contract for the sale of any product is strictly between the Buyer and the Vendor.
2. No Liability for Goods: We do not manufacture, store (outside of authorized third-party fulfillment centers), inspect, or warrant any physical items sold through the Platform.

3. User Accounts & US Eligibility

1. Age Requirement: You must be at least 18 years of age to create an account or sell/buy products on this Platform.
2. Account Verification: Vendors must provide accurate business registration details, employer identification numbers (EINs) or Social Security Numbers (SSNs), and banking information to comply with US "Know Your Customer" (KYC) and Anti-Money Laundering (AML) regulations.
3. Security: You are solely responsible for maintaining the confidentiality of your account credentials.

4. Vendor Pricing, Commissions, and US Sales Tax

1. Pricing & Listings: Vendors control the retail pricing of their listed items. Listings must include accurate shipping weight, dimensions, and hazards (if applicable).
2. Platform Fees: We charge a commission fee plus a transaction processing fee on each completed sale. Fees are deducted automatically before vendor payouts.
3. Marketplace Facilitator Tax Laws: In accordance with US State Marketplace Facilitator laws (including the New Jersey Marketplace Facilitator Act), the Platform will automatically calculate, collect, and remit applicable state and local sales tax on behalf of Vendors for orders shipped to jurisdictions where such laws apply. Vendors remain responsible for sales taxes in jurisdictions where marketplace facilitator laws do not apply.

5. Dual Shipping & Fulfillment Logistics

Our marketplace operates under a split fulfillment model. The shipping methods and legal liabilities depend entirely on the fulfillment route chosen for each specific item:

Route A: Platform-Managed 3PL Fulfillment

1. Fulfillment Service: For select inventory, the Platform partners with third-party logistics (3PL) providers to handle warehousing, inventory picking, packing, and carrier handover [3PL Insider, Shopify].
2. Vendor Title and Risk: Title to the goods remains with the Vendor while the goods are stored at the 3PL warehouse. Vendors bear the risk of loss for inherent product defects, expiration, or inadequate protective inbound packaging.
3. 3PL Limitation: The Platform relies on external 3PL partners and carriers (e.g., USPS, FedEx, UPS). The Platform is not liable for structural carrier delays, acts of God, or unexpected regional warehouse disruptions.

Route B: Vendor-Direct Shipping (Self-Fulfillment)

1. Vendor Responsibility: If an item is marked as Vendor-fulfilled, the Vendor is entirely responsible for packaging, labeling, and shipping the product directly to the Buyer.
2. Tracking Requirements: Vendors must ship orders using a recognized US carrier within 3 business days of order confirmation and upload valid tracking data to the Platform immediately.
3. Failure to Ship: Failure to ship items within the three (3)- working-day window may result in automatic order cancellation, buyer refunds, and structural penalties or suspension of the Vendor's account.

6. Returns, Refunds, and Shipping Damage Policies

1. Category-Based Return Policy: To maintain a high-quality user experience, the Platform enforces baseline return standards across all storefronts. Return windows vary by product category, full details, including specific timeframes for each category, are set out in our Return Policy. All Vendors must accept returns within the applicable window for their product category, provided the item is returned in its original condition.
2. Returns Framework: Buyers must initiate all returns through the Platform's designated system.
3. Damaged Items: If an item arrives damaged via Vendor-Direct Shipping, the Vendor bears full financial liability, and the buyer should report it per the reporting window in our Refund Policy. If an item arrives damaged through Platform 3PL fulfillment, a dispute must be filed with the Platform within five (5) days of delivery to determine the carrier's or the warehouse's liability.

Note: This 5-day carrier/warehouse liability window operates alongside, not instead of, the buyer's standard 30-day reporting right under the Refund Policy.

7. Prohibited Items & Intellectual Property

1. Prohibited Goods: Users may not list counterfeit items, stolen goods, weapons, regulated chemicals, prescription drugs, or items violating US Consumer Product Safety Commission (CPSC) guidelines.
2. DMCA Compliance: We respect intellectual property rights. In accordance with the Digital Millennium Copyright Act (DMCA), copyright owners may submit takedown notices to our designated DMCA Agent at copyright@brebox.com for any infringing material hosted on the platform.

8. Limitation of Liability & Indemnification

1. Disclaimer: THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
2. Cap on Liability: IN NO EVENT SHALL THE PLATFORM BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE TOTAL FEES PAID BY YOU TO THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
3. Indemnification: Vendors agree to defend, indemnify, and hold harmless the Platform operator from any claims, damages, or liabilities arising from product liability, personal injury, property damage, or tax non-compliance related to their products.

9. Governing Law & Dispute Resolution

1. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflict of law rules.
2. Arbitration Agreement: Any dispute or claim relating in any way to your use of the Platform will be resolved by binding, individual arbitration rather than in court, under the rules of the American Arbitration Association (AAA), except that you or the Platform may assert claims in small claims court if the claims qualify. YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.