PLEASE READ THIS AGREEMENT CAREFULLY. This is a legally binding electronic contract between you and eku LLC (dba "ekuBOX"). By accessing, browsing, or purchasing from eku LLC via www.ekubox.com (the “Site”), you agree to be bound by these Terms and all policies incorporated herein by reference. If you do not agree, please discontinue use of the Site.

1. Privacy & Data Protection

Your privacy is a priority. Our data collection, storage, and usage practices—including our handling of cookies, SMS marketing, and your rights under GDPR and CCPA—are governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

2. Intellectual Property & Ownership

All content on this Site, including design, layout, software, text, graphics, and images, were created by or for ekuBOX and are protected by U.S. and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED, OR RETRANSMITTED UNLESS EXPRESS PERMISSION IS GIVEN BY EKUBOX IN WRITING. ## 3. Trademarks
“ekuBOX” along with all logos, trade names, trademarks, and service marks, whether registered or not, is the sole property of ekuBOX. Use of these marks in connection with any product or service not owned by ekuBOX in any manner that is likely to cause confusion or disparages the brand is strictly prohibited.

3. DMCA Copyright Infringement Policy

Pursuant to 17 U.S.C. Section 512, ekuBOX has implemented procedures for receiving written notification of claimed infringements. All claims must be submitted to our designated agent: ekuBOX, 29476 Northwestern Hwy., Suite 596, Southfield, MI 48034 or hello@ekubox.com. Notice must include a physical signature, identification of the work, and a statement under penalty of perjury.

4. Terms of Sale & Final Sale Policy

All sales are final

Due to the curated, custom, and often perishable nature of our products, returns, exchanges, or price adjustments are not permitted. Because we process orders quickly, cancellations are not guaranteed. Once an order has entered the fulfillment process or has shipped, it cannot be cancelled or refunded.

5. Artisan Substitutions & Seasonal Shipping

Specific items may become unavailable without notice. ekuBOX reserves the right to substitute an item of equal or greater value.

Summer Shipping

From May to October, chocolate items will be substituted with heat-resistant artisan goods. ekuBOX is not responsible for melted items; ordering during warm months is at the buyer's sole risk.

6. Product Certification Disclaimer

ekuBOX is a curator, not a manufacturer. Compliance with manufacturing, labeling, health, or safety laws is the sole responsibility of the product manufacturer. All products are provided on an "As-Is" basis.

7. Payments, Gift Cards & Declines

Authorization Failures

If credit card authorization fails or is declined, the order is automatically canceled. ekuBOX is not responsible for overdraft fees or "held" funds resulting from failed attempts.

Gift Cards

Non-transferable and non-refundable. ekuBOX is not liable for cards delivered to incorrect addresses provided by the purchaser.

8. Shipping & Carrier Liability

All shipping and return logistics are governed by our Shipping & Return Policy, which is incorporated by reference.

Transfer of Risk

The risk of loss and title passes to the buyer once ekuBOX delivers the package to the carrier (UPS, USPS, etc.).

Porch Theft

ekuBOX is not liable for theft, loss, or damage occurring after a confirmed "Delivered" scan by the carrier.

Venue Deliveries

Our responsibility ends once a package is signed for by hotel or venue personnel.

9. Undeliverable & Refused Shipments

Returned packages incur a $15.00 Repacking Fee and a $25.00 Return Shipping Fee. Reshipment is subject to new shipping charges. Packages held for 7 days without payment for reshipment become the property of ekuBOX.

10. Safety, Health & Care Disclaimers

Allergens

We rely on manufacturer labeling. The client must contact the manufacturer directly with specific dietary or allergic concerns.

Infant Safety

Items intended for infants must be used under strict adult supervision.

Scent Sensitivity

Our warehouse handles scented products. Items are not guaranteed fragrance-free.

11. Digital Accessibility (ADA Compliance)

ekuBOX strives to provide a website experience that is accessible to the broadest possible audience.

Our accessibility practices are guided by the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which serve as a widely recognized framework for improving digital accessibility. Additional details about our accessibility practices are available in our Accessibility Statement.

Requesting Assistance

If you have difficulty understanding this Privacy Policy or require it in an alternative format (such as large print or oral description), please contact our Gifting Concierge:

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  Phone: 1-248-865-7789
  
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  Email: hello@ekubox.com
  

Reasonable Alternative Access

ekuBOX provides dedicated customer assistance via phone and email for individuals who may have difficulty accessing or navigating our website, including this Privacy Policy. If you encounter a digital barrier, our team is available to explain our practices, assist with the checkout process, and provide information through verbal or written accommodations upon request to ensure you have full access to our services.

12. Marketing & Social Media

We reserve the right to photograph gift boxes for social media and marketing. We will not post photos of event-specific gifts until 2 hours after the scheduled event start time.

13. Limitation of Warranties & Liability

This website and all content and goods are provided “as is” without warranty of any kind. To the maximum extent permitted by law, ekuBOX’s total liability for any claim shall not exceed the amount paid for the product, or $100, whichever is less. ekuBOX is not liable for special, indirect, or consequential damages.

14. Resolution of Disputes & Michigan Law

This agreement is governed by the laws of the State of Michigan. Any action must be brought in Oakland County, Michigan.

Improperly Filed Claims

If you file a claim contrary to this Section, ekuBOX may recover actual attorneys’ fees and costs.

Class Action Waiver

YOU WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS.

15. Electronic Communications, Errors & Force Majeure

Electronic Consent

You consent to receive all notices and agreements electronically.

Errors

We reserve the right to correct pricing inaccuracies and cancel orders even after they are submitted.

Force Majeure

ekuBOX is not liable for delays caused by circumstances beyond our control, including natural disasters, carrier disruptions, or pandemics.