Terms of Service
Welcome and thank you for your interest in Fillbox, operated by Aslo Trading Co Limited and its subsidiaries (collectively referred to as“the Company,” “Fillbox,” “We,” “Us,” or“Our”). The Company is the operator of websites located at http://www.filbox.io (collectively referred to as the“Website” or the “Platform”). By registering an account on www.fillbox.io or by otherwise using any other services provided by the Company, you agree to be bound by the following Terms of Use.
These Terms of Use along with our Privacy Policy, Refund and Resend Policy which are incorporated herein by reference are collectively referred to as the “Agreement” or the “Terms”.
This Agreement is a legally binding contract between you (“You”, “Your” or“User”) and the Company regarding your use of the Website and Services offered by the Company.Please carefully read the terms before proceeding to use the platform and services offered by the company. If you do not agree to these terms, please do not use the website and services.
Some services provided by the Company may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use such Services, you expressly agree to abide by any such additional terms.
1. Definitions
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
“User” – refers to all unregistered as well as registered Website Users including Retailers/Resellers and their Agents.
“Retailers” – refers to Dropshippers and Vendors/Resellers, whether individuals or organisations and their agents who make use of the Platform services offered by the Company.
“Customer” – refers to Retailer’s Clients/Consumers who place orders for products from the Retailers.
2. Eligibility
You must be at least eighteen (18) years of age to register an account on the Website and use the Services offered by the Company. Please do not access our Website if you do not meet the age eligibility criteria as we cannot enter into legally binding agreements with persons under the age of eighteen years.
Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement.
3. Amendments
The Company may update this Agreement to reflect our new business practices or to comply with changes in applicable laws. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. The most current version of the Terms will supersede all previous versions. Please take the time to review these terms regularly to familiarise yourself of any material changes. You hereby release the Company from any liability arising from your failure to review such modified Terms.
4. Maintenance
Once a while we may be required to carry out scheduled or unscheduled Platform maintenance including but not limited to testing, repairs, upgrades and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Platform temporarily. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
We may also invite Users to test new features on our Platform, which we believe will be useful
5. Account Registration, Access and Security
Retailers can sign up for a Fillbox Account on www.fillbox.io/register by filling in a form. After a successful review, the User will receive login credentials to start using our Platform for free.
We reserve the right to immediately terminate any User Account if we have a reason to believe that the Account Holder provided us with false or fraudulent information or in the event of a breach of this Agreement by such User. Please note, all User Accounts are offered at our sole discretion.
You are solely responsible for protecting your Fillbox Account login credentials to prevent any unauthorised access to your account. You may not share your account password with others. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your account. You assume full responsibility for all activity on your Platform account.
Please immediately report any unauthorised access to your account or other similar suspicious activity to us through the contact form available on the website. The Company reserves the right to restrict access to any account without giving any prior notice to a User if we suspect any fraudulent activity on a User Account without any obligation to credit or discount any subscription fees for such account restrictions.
6. Payments and Cancellations Policy
The Company currently offers only bank transfers. Depending on User’s location or preferences, we can quote all products and shipping only in Euro or USD. Users need to pre-pay for at least 1 week worth of orders.
A User can see his available balance or pending balance under ‘accounts’ when logged-in. The company also offers credit lines for advanced retailers. If a User’s balance is drawn down or negative, we will send a notification to make the next payment.
In the event we do not receive your payments when it was due and payable, we will attempt to contact you at the contact information provided by you during your account registration.
Please note that we will not be held responsible for any claims relating to loss of data, loss of revenue or lost opportunity as a result of downgrading or termination of your account arising from non-payment of outstanding orders.
7. Account Termination
Once your account is terminated, you will not be able to login to your account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company.
Please take note that we may purge all data for suspended, expired and cancelled accounts in our sole discretion. It is solely your responsibility to maintain backups of all your data that you wish to access at all times especially before cancelling your account.
The Company reserves the right to terminate any User account or suspend a User’s access to the Platform under the following circumstances:
A User has violated any provisions of this Agreement;
A User’s conduct is harmful to the Company or any other Users; or
The Company discontinues the Service for any reason.
8. Product Pricing
Regarding private sourced products, we will notify Users if there is any price change. Users understand and agree that the product prices as listed on the Platforms Marketplace are subject to change as a result of any changes in Supplier’s wholesale pricing. The Company does not control or dictate Supplier’s pricing or any associated shipping or handling charges, and therefore we are unable to guarantee that any product will remain at a particular price for any given period of time.
9. Orders
Liability for your orders
You are solely responsible for any mistakes made by you when placing your orders. It is solely your responsibility to ensure the accuracy of the information you provide when placing your order including verifying the pricing and shipping before submitting your order. You are responsible for collecting accurate and complete shipping address from end-customers, including full name, apartment/unit/floor information, postal code and phone number.
Order Changes or Cancellations
The Platform offers auto-fulfillment. This means that regardless of a positive or negative balance, User’s orders will be automatically fulfilled.
Most Users hold stock and we fulfill all orders within 24 hours, after an initial order is made. In case an order needs to be cancelled or adjusted, we request to do this also within 24 hours. The Company will not assume any responsibility for any loss or damages that arise as a result of any request for changes in your orders.
10. Shipping
We are official partners of DHL, Yunexpress, PostNL and Sunyou. These are our preferred 4 carriers. Please note:
- Orders can only be shipped to a residential area.
- Orders containing a P.O. Box or APO shipping address, can’t be processed
- All shipping and handling charges are for User’s account
- Cost incurred for shipments which are refused or returned for any reason ( including import duties ) not caused by the supplier is for User’s Account.
- Shipping-fee for unusually large or heavy products will be calculated based on volume weight. We will notify the User in advance if this occurs.
- We don’t handle returns because it’s too expensive to ship back to China. We do offer a re-shipment at a small cost, in the country of arrival.
11. Refund and Reshipment Policy
We will not be held responsible for any shipping delays or delivery failures arising as a result of any factors within your control, such as incorrect shipping address, incorrect phone number, or other similar factors. The Company will not be held responsible for any shipment issues arising as a result of a force majeure event. Please refer to our Refund and Resend Policy for more information
12. Product Warranty
The Company does not offer any warranty. If a product is broken please notify us within 7 days after the order has been delivered.
13. Medical Disclaimer
Any information relating to medical devices, health supplements or similar products sold through the Platform, including but not limited information relating to health conditions and treatments, is provided for your general information purposes only.
None of the information available on the Platform is intended to replace any medical advice, recommendation or diagnoses provided by a licensed health professional. Always consult your own doctor for advice.
Any statements or claims on the Platform regarding dietary supplements have not been evaluated by the FDA or other institutions with similar standing in selling destination.
The Company does not make any claims regarding the short or long-term health effects of any products sold through our Platform.
Users and Customers should not solely rely upon the information provided on the Platform to make any health decisions. Your decision to purchase and consume any products through the Platform is at your own risk
14. Reseller Obligations
Legality of Products
It is solely your responsibility to thoroughly investigate the legal implication of selling a specific product that may be prohibited by applicable law of your jurisdiction. Although we make our best effort to avoid suppliers from selling any products that violate any existing intellectual property rights of another person/counterfeit goods; it is solely your responsibility to do any required research prior to selling any products to ensure that the product is not infringing any third-party’s existing Intellectual Property rights. The Company will not assume any liability for any illegal actions of any Supplier on the Platform.
If you wish to sell a product through a third-party online auction or marketplace platform, it is solely your responsibility to familiarise yourself with the applicable terms and conditions of such third-party platform to ensure that platform does not prohibit your product. The Company does not have any control over a third-party platform, and we will not be a party to any agreements between you and such third-parties.
Confidentiality
The Company is continuously developing proprietary techniques, trade secrets and other information that is deemed confidential (“Confidential Information”). The Reseller understands that the Reseller may come in contact with such confidential information during the course of this Agreement. Confidential information not only includes information disclosed by the Company to the Reseller but also information learned by the Reseller during the use of Platform Services under this Agreement. The Reseller hereby agrees that it will retain all such confidential information in confidence and will not disclose any confidential information to any third party without the express written consent of the Company, which may be withheld by the Company for no reason. At all times, the Reseller will make its best effort to limit the access of any third-party, to such confidential information on a need to know basis. This provision shall survive the termination of this Agreement.
Prohibited Conduct
The Company provides Retailers access to Supplier information such as Supplier’s trade name, brand(s), product specifications, pricing and availability. Please note you are prohibited from attempting to establish direct contact with the Suppliers. If you have any requests for additional products, pricing or services from a Supplier, please contact us through the support form on our website. We will make our best effort to communicate with the Supplier on your behalf.
You are strictly prohibited from using the services offered by the Company for conducting any illegal activity. You agree to use the platform in compliance with your local laws as well as laws of the country where your customers are based.
Any breach of this provision may result in suspension or termination of your Platform account without any refunds for the remaining subscription period.
15. Intellectual Property
All content made available by the Company through the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, its Suppliers and distribution partners and other licensors reserve ownership and copyright in their respective intellectual property published on the Website. You may only reproduce or alter individual product images and description in compliance with applicable laws, the provisions of this Agreement and solely for marketing and reselling purposes.
Unless expressly stated otherwise, You agree not to reproduce any Company Content without the express written consent of the Company and its Licensors. Any unauthorised use of the Company Content may result in suspension or termination of your Platform Account.
Trademarks
Fillbox is the Company’s registered trademark. Any use of our proprietary trademark and trade dress for any product or service that is not owned or operated by us is strictly prohibited. Any trademark that appears on the Platform but which is not owned by the Company is the intellectual property or such trademark owner who may or may not be affiliated to the Company.
Unless expressly stated otherwise, any images of persons or personalities visible on the Platform does not indicate an endorsement of any product or service.
16. User Content
The Company does not claim ownership of any User Content including but not limited to any ratings, review, questions and comments posted by Users through the Platform. However, by posting any such User Content on the Platform, you grant us a non-exclusive, royalty-free license to display, use, reproduce, modify, transmit, share or otherwise publish such User Content for any purposes we deem fit without any compensation, acknowledgement to you.
By uploading, posting or transmitting any User Content on the Platform, you represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone’s existing legal rights or your obligations towards any third-party. You further grant the Company and its authorised personnel the right to identify you as the owner of such User Content by your name, username, or email address where appropriate or required by law.
You understand and accept that by sending us your feedback, ideas and suggestions you are granting us full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our Service or by creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
17. Information Disclaimer
Although we take all reasonable steps to minimise any errors and inaccuracies in information available on our website, human errors are possible which is why we are unable to offer any guarantees.
All product images displayed on the website are for illustrative purposes only and there may be variations in color based on different digital screens and studio lighting during product shoot. All product information as displayed on the website is provided by the suppliers. The Company neither represents nor warrants the accuracy or legality of any such information including product pricing, descriptions and specification. If you have any products weight, dimension, color, capacity or other similar queries, please contact us through the contact form available on our website.
It is solely the resellers responsibility to verify any product information prior to marketing any product.
The Company disclaims all warranties, express or implied as to the accuracy of the information available on the Platform or Website and shall not be liable for any loss or damages incurred relating directly or indirectly, including special and consequential damages for any action you take based on the information available on the Platform and Website
Although we take all reasonable steps to ensure that the information on the Platform and Website is accurate we are unable to offer any guarantees
18. Parties Relationship
This Agreement shall not create a partnership, joint venture, agency/principal, employer/employee or a similar relationship between the Retailer and the Company. The Retailer’s relationship with the Company under this Agreement is that of an Independent Contractor. Both Parties assume full responsibility for the payment of their respective tax liabilities and compliance with applicable laws. The Retailer accepts sole responsibility for collection and remittance of any applicable sales taxes to relevant local authorities. Retailers do not have the authority or capacity to bind the Company in any contract with any third-party. As a Retailer, you are also prohibited from making unauthorised or illegal claims from manufacturers.
19. Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of Hong Kong SAR. Both parties hereby agree to the exclusive jurisdiction of the court of law sitting in Hong Kong SAR.
20. Indemnification
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your username and password, of any third-party’s rights.
21. Limitation of Liability
In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of opportunity, costs incurred in the procurement of substitute products or indirect, incidental, special or consequential damages, arising from our related to the use of products available on the Platform. In no event shall the total liability of the Company exceed greater of fifty USD or the amount paid by you to the Company in the month when the dispute first arose.This limitation of liability shall apply to the maximum extent permitted in law.
22. No Class Action
Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity.You hereby acknowledge that you have read the terms and understand them and agreed to be bound by these terms.
23. Force Majeure
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
24. Contact Us
If you have any questions regarding these Terms and Conditions you can contact us by email at support@fillbox.io
Company address:
Aslo Trading Co. Limited
9B, 9/F, Cheong Tai Commercial Building
66 Wing Lok Street, Sheung Wan
Hong Kong SAR