Terms & Conditions

Last Updated: March 10, 2020

This Website is operated by Elephant in a Box, Inc., a Delaware corporation (hereinafter “Elephant in a Box”). These terms and conditions (“Terms”) govern your access to the Elephant in a Box website www.elephantinabox.com (the “Website”).

IMPORTANT: PLEASE REVIEW CAREFULLY, AMONG OTHER THINGS, THE ARBITRATION PROVISION SET FORTH BELOW. THIS AGREEMENT REQUIRES THAT ANY CLAIM UNDER MADE BY YOU UNDER THESE TERMS IS SUBMITTED THROUGH FINAL AND BINDING ARBITRATION.

Your access to and use of the Website is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Website may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.

The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or purchases a product through the Website. The terms “we,” “our” or “us” shall refer to Elephant in a Box.

The Website is offered to you conditioned on your acceptance without modification of Terms contained herein. Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE WEBSITE, CONSUMMATING A FINANCIAL TRANSACTION VIA THE WEBSITE OR COMMUNICATING WITH USERS THROUGH THE WEBSITE, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

PRIVACY

Your use of the Website is subject to the Elephant in a Box Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs Users of our data collection practices.

USE OF OUR WEBSITE

Through our Website you can purchase our foldable and portable, luxurious sofa that can be assembled by one person in minutes and disassembled in less than five minutes.

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Website is unavailable at any time or for any period.

You must be eighteen (18) years or over in order to use the Website and its services. If you are under the age of 18, then you should not use this website.

PURCHASE TERMS

In order to purchase our products on the Website, you will need to provide a valid credit or debit card. By providing and confirming your intention to make a payment through the Website, you authorize a charge to your card as necessary to complete the payment. In the event you are entitled to a reversal, refund, chargeback, or other adjustments, you also authorize a credit to your card to accomplish that transaction. These Terms, as well as the payments you make through our payment partners, may additionally be subject to terms and conditions of third parties, such as the entities that issue your card, your third party carrier or your mobile device manufacturer. You agree that Elephant in a Box and/or its payment partners may undertake authorization checks on any payment details you provide to Elephant in a Box (including credit and debit cards) at any time. Please refer to our Privacy Policy for further information on how we will use, protect and store your personal data.

All charges made are due immediately. We reserve the right to establish, remove and/or revise charges for services through the use of the Website, as established by us in our sole discretion.

FREE TRIAL POLICY

We have a 30 day trial, free return policy. You can email us at happy@elephantinabox.com in order to return your product within 30 days from the date of your purchase.

RETURN POLICY

We offer a 30-day return policy. You may make a return at no cost if the product you purchased is defective or damaged or if for some reason you are not satisfied with the product.

• If the return is initiated due to a defect or it arrived damaged, you must provide evidence, such as a photos or a video sent to happy@elephantinabox.com that clearly shows the damaged or defective product for us to start the investigation and file a claim with the shipping carrier in order to issue a full
• If the return initiated because you lost interest or simply are not satisfied with the product, you must return the product in good shape, should not have any signs of wear and tear, or damage. We are unable to refund or exchange items if the product returned is found to be dirty, stained, damaged or
• Once a return is approved by Elephant in a Box, after submitting a retuned form, you will receive an email from us to schedule for the product pick

All refunds will be made in the same form of payment originally used to make the purchase within seven (7) days from the date we receive the product.

COMMUNICATION PREFERENCES

By providing us with your email address, you also consent to receive electronic communications from us. These communications may include notices about your purchase, change in our terms and conditions and other important information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

ACCESS TO THE WEBSITE

We shall use commercially reasonable efforts to ensure the availability of the Website, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet service provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.

PROHIBITED USES

Use of the Website is limited to the permitted uses expressly authorized by us. The Website shall not be used in any way that:

• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
• is unlawful, fraudulent, or deceptive;
• uses technology or other means to access unauthorized content or non-public spaces;
• uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
• attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, or impair our servers or networks;
• attempts to gain unauthorized access to an Elephant in a Box computer network;
• attempts to gain unauthorized access to Elephant in a Box’s user accounts;
• uses false or inaccurate Elephant in a Box’s user accounts;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates these Terms in any manner; or
• fails to comply with applicable third-party terms and conditions or other third-party

INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable,

overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Elephant in a Box or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Elephant in a Box and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Elephant in a Box or our licensors except as expressly authorized by these Terms.

FEEDBACK

You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Elephant in a Box on the Website (collectively, “Feedback”). Feedback is non- confidential and shall become the sole property of Elephant in a Box. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Website may contain links to other brands or services ("Linked Website"). The Linked Websites are not under the control of Elephant in a Box and we are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elephant in a Box of the services or any association with its operators. Certain services made available through the Website are delivered by third parties and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of Elephant in a Box and its customers.

LIMITATIONS OF LIABILITY

By using the Website, you agree that Elephant in a Box and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized to access the Website; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software or technical or human error.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEPHANT IN A BOX OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE OR THE USE OF ANY SERVICES PROVIDED BY ELEPHANT IN A BOX OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ELEPHANT IN A BOX ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO ELEPHANT IN A BOX IN THE PAST SIX (6) MONTHS BEFORE SUCH CLAIM AROSE, IF ANY.

INDEMINIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELEPHANT IN A BOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.