General Conditions of Use
Welcome to dog-ibox.com. dog-ibox.com is an online marketplace or “Site” for anything related to dogs and a force- free and happy living with them. Registered members can purchase articles as a buyer and/or offer their own products/services for sale as a seller through shops they independently operate. the ibox LLC and/or its affiliates (hereinafter “ibox”) provide website features and other products and services to you when you visit or shop at ibox, use the ibox online marketplace, use ibox’s mobile application, or use other software provided by ibox in connection with any of the foregoing (collectively, the ibox “Services”). ibox provides the ibox Services subject to the following conditions.
By using the ibox Services, you agree to these conditions. Please read them carefully. We might change them from time to time, so check back regularly for any updates.
When a user, buyer or seller issue arises, we may consider the user's history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The name “ibox” and “dog-ibox” as well as the ibox and dog-ibox logos as well as other marks, logos, designs, and phrases used in connection with our Services are trademarks, service marks or trade dress of ibox in the U.S. and other countries. All other brand names, product names, trademarks, service marks and trade dress belong to their respective holders. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ibox or its content suppliers. ibox grants you permission to view and use the content made available to you on the Site solely in connection with your use of the Site for its intended purpose. Otherwise, no material from this Site or any of their respective affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may not use any ibox logo or other proprietary graphic or trademark without express written permission. Modification of the materials or use of the materials for any other purpose is a violation of ibox’s copyright and other proprietary rights. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by ibox or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site in any manner, form or format.
In the event that an agreement is concluded between buyers and sellers in the online marketplace, ibox is categorically not a contracting party. This does not apply when ibox expressly acts in an ibox shop as a seller. In this case, the separate Terms and Conditions and respective cancellation policy apply. Articles being made available in the marketplace constitute a binding offer to conclude a contract on the part of the respective seller. The contract is concluded when a buyer has gone through each step of the ordering process and has finished by pressing the "purchase" button. ibox is not liable for the execution of contracts between members. The seller is responsible for informing themselves about the legal conditions for the sale of goods or of work and service contracts, and must ensure that they comply with any necessary contractual obligations.
Marketplace availability is not guaranteed. Maintenance performed on the online marketplace may have an impact on its availability. When possible, maintenance work will be carried out so minimal inconvenience is caused to members. Routine or planned maintenance work will be carried out at times of low use and with sufficient notice if it is to be of significant duration. In addition, it may be necessary to carry out maintenance work without notice, for instance in cases of unforeseeable events. The same applies to performance or other tests in connection with the further development and improvement of the online marketplace.
When you use any ibox Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ibox Services. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, ibox or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ibox Services. This license does not include any resale or commercial use of any ibox Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ibox Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by ibox or its licensors, suppliers, publishers, rightsholders, or other content providers. No ibox Service, nor any part of any ibox Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ibox. You may not use any meta tags or any other "hidden text" utilizing ibox's name or trademarks without the express written consent of ibox. You may not misuse the ibox Services. You may use the ibox Services only as permitted by law. The licenses granted by ibox terminate if you do not comply with these Conditions of Use.
Parties other than ibox operate stores, provide services, or sell product lines through the ibox Services (hereinafter, “Sellers”). In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ibox does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
ibox reserves the right to monitor or review your use of the Site. Any action prohibited by these Conditions of Use or by applicable law may result in civil or criminal liability. ibox will, as appropriate, cooperate with civil and criminal inquiries and investigations into any possible illegal use of the Site or any violation or impairment of the integrity or security of the Site. You are prohibited from taking any act that would or could impair, circumvent or avoid any measures taken to preserve the security of the Site or any data obtained through it including, without limitation, accessing data not submitted or intended for viewing by you, probing, scanning or testing the vulnerability of the Site’s security or submitting or uploading malicious or harmful code to the Site.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against ibox, our assignees, our sublicensees, and their assignees your intellectual property rights in that content in connection with our, those assignees', and those sublicensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any intellectual property rights of any third party. ibox takes no responsibility and assumes no liability for any content provided by you or any third party.
THIRD PARTIES & EXTERNAL LINKING
Links to web Sites operated by other third-party entities may be provided by ibox on our websites (e.g. dog- ibox.com) as a convenience to users. If you use these links, you will leave ibox’s Site. ibox makes no warranty or representation regarding, and does not endorse, any linked web Sites or the information appearing thereon or any of the products or services described thereon. ibox disclaims all liability with regard to your access to such linked web Sites.
If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
ibox expressly reserves the right to revoke the right granted in this section for breach of these terms and to take any action it deems appropriate. You shall fully indemnify ibox for any loss or damage suffered by ibox for breach of this section.
If you use any ibox Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ibox does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ibox Services only with involvement of a parent or guardian. ibox reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Site is provided by ibox for your personal use. You agree to use the Site only for lawful purposes. In connection with using or accessing the ibox Services, you will not:
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason, for example, the seller has materially changed the item's description, a clear typographical error is made, or you cannot contact the seller;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems;
transfer your account to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Site or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of ibox;
interfere with the working of our Services, impose an unreasonable or disproportionately large load on our infrastructure, or take any action that might compromise the integrity or security of the Site, render the Site inaccessible or non-functional to others, or otherwise cause damage to the Site or its contents;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to ibox. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to ibox or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
commercialize any ibox mobilea pplication or any information or software associated with such application, except with our prior express permission.
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
- only applicable for vendors: fail to deliver items sold by you, unless you have a valid reason as set out elsewhere in our Conditions of Use, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
If we believe you are abusing ibox in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
In addition to the User Obligations above, the following are Seller-specific obligations that apply to Sellers using the ibox Services: The seller is obliged to offer only goods or services that do not contravene applicable law, third party rights, morals, and the dog-ibox rules about use of the online marketplace. This also applies in the case of cross-border trade in compliance with the respective national regulations. Sellers must hand over or assign the goods offered within the designated delivery time, unless the parties to the purchase agreement have agreed to the contrary. Sellers must clearly identify and comply with all relevant legal information obligations. Sellers’ terms and conditions may not be in conflict with these or others laid down by dog-ibox and accepted by the sender. To the extent that Sellers’ terms conflict with these Conditions of Use, these Conditions of Use control.
If any seller account is blocked, deactivated, etc., due to confirmed or suspected misuse, that seller remains liable for charges incurred for all existing offers as compensation as liquidated damages from the date of termination. That amount shall be immediately due as a lump sum and does not prejudice ibox’s right to prove additional damages. dog- ibox is also authorized, at its discretion, to remove sellers' offers which do not fit dog-ibox's Guidelines. If the member has not committed a breach of duty, dog-ibox will cancel the remuneration incurred for the deleted offer on request or credit this to the member.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please contact us at:
the ibox LLC
49 Forest Street
North Arlington, NJ 07031, USA.
RISK OF LOSS
All items purchased from ibox are made pursuant to a shipment contract made between you, as the buyer, and third-party vendors. The risk of loss and title for such items is governed by the terms of that contract. ibox has no responsibility for the risk of loss and title of any items purchased on the ibox Site.
RETURNS, REFUNDS AND TITLE
The return of non-physical download products and services is generally not possible and no refunds will be made after the completion of the purchase process unless this is expressly described as such.
Live Webinar: If participation in a booked Live Webinar is not possible, we are happy to refund the purchase price if we are being notified at least 24 hours before the Live Webinar starts.
Recordings: Since we provide the buyer with all documents, the confirmation of participation and the recording immediately after the order, no refunds will be granted for recordings without exception.
dog-ibox Webinar VIP: Since the buyer gets access to the reduced Webinar prices and all Webinar VIP advantages immediately after the registration as dog-ibox Webinar VIP, we can grant without exception no refunds.
Physical products of vendors: Neither ibox nor its third-party vendors take title to returned items until the item arrives at our facilities or the facilities of our vendors. At our or the third-party vendor discretion, a refund may be issued without requiring a return. In this situation, neither ibox nor our third-party vendors take title to the refunded
ibox charges seller or listing fees for individual acts of usage and services provided by ibox. These fees are in the form of "listing fees", "sales commissions", “advertising fees” or "other remunerations". ibox reserves the right to offer optional services for a separate fee. We reserve the right to change any of our fees at any time. Fee changes are communicated to users before they take effect.
Listing fees are agreed upon between the seller and ibox and are based on ibox's current price list. Fees apply for listing offers depending on price and availability of each article. The respective listing fees are identified directly during the listing process and are confirmed by the seller by clicking the button "agreement to pay for the order". Seller is expressly prohibited from charging their own fees or recovering ibox's fees from the buyer or demanding these from the buyer. If the seller has set the listing's runtime to automatic extension, either as part of the listing process or subsequently, the listing runtime is automatically extended after the expiry of the initial term to the same price as the previous listing. The automatic extension option of the listing's runtime may be deactivated by the seller at any time to stop future extensions.
Option for additional category listings: products can be listed in multiple categories in addition to the default category by exercising the option either during the listing process or by subsequent amendment of the offer. The product will then be found in the online catalogues of multiple categories. The one-off additional fee for this is due immediately. The fee for the optional automatic extension service is also charged for this additional category.
Fees payable by the Seller are charged regularly at the time of the listing, or settled in the following month in the course of ibox's accounting process. Invoices are sent via e-mail as a PDF to the seller's given e-mail address. Invoices can also be viewed within the seller's profile. Sellers agree to pay the invoice through PayPal or by any other payment method offered during the payment process. Whatever the method, the invoice is payable in each case by the given due date. If the fee collection fails, this will result in the seller incurring extra costs ("return debit fees"), unless the seller is proven not to be responsible for the failure. ibox will inform the seller by e-mail about the fee due after failed debt collection, as well as the amount of the return debit charges incurred, stating a deadline for settlement of all sums payable. The seller is prohibited from circumventing fees or preventing compensation by making reclaims in bad faith. Upon establishing circumventing or bad faith remuneration prevention, ibox is entitled to demand the missing remuneration jointly from all participating sellers as damages; further claims remain unaffected.
INTERNATIONAL BUYING AND SELLING; TRANSLATION
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
Sellers may list items directly on one or more of ibox’s international sites. Additionally, you may direct us to display your listing on ibox sites other than the original ibox listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping): the appearance of your listings on these sites is not guaranteed. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
You authorize us to use automated tools to translate your content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE IBOX SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IBOX SERVICES ARE PROVIDED BY IBOX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IBOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IBOX SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IBOX SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE IBOX SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IBOX DOES NOT WARRANT THAT THE IBOX SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IBOX SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IBOX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY IBOX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY IBOX SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ibox has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. This Site is operated from or through one or more ibox or third-party facilities. ibox makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above.
You may contact the ibox LLC at 49 Forest St, North Arlington, NJ 07031, USA.
You agree to indemnify and hold ibox and its affiliates harmless from all or any claims, liability or damages (including attorneys’ fees), whether arising in contract, tort or otherwise, of or to any third party arising from or relating to your use of this Site.
These Conditions of Use are effective as of June 2018.