Terms of service
PLEASE READ CAREFULLY. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
These Terms of Service ("Terms") govern your access to ninaboxit.com (the "Site") and every purchase you make from NinaBoxIt ("we", "us", "our"). By using the Site or placing an order you agree to these Terms, our Return and Refund Policy, our Shipping Policy, and our Privacy Policy, all of which are incorporated here by reference. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old, of legal age in your jurisdiction, and able to form a binding contract. By placing an order you represent and warrant that you meet these requirements and that all information you provide is accurate. We may cancel any order and refund the amount paid where we believe the buyer is a minor or has provided false information.
2. Nature of the products
We sell sealed mystery boxes containing packages that could not be delivered or returned to their original recipient, and a Big Toy Box of new toys. Mystery box contents are random, unknown to us, unverified, and sold AS IS, WHERE IS, AND WITH ALL FAULTS, with no guarantee of any item, brand, authenticity, quantity, condition, functionality, or value.
You acknowledge that a mystery box is a chance-based purchase, that you may receive items worth substantially less than the purchase price, and that this outcome is a contemplated result of the product, not a breach.
We publish no odds and no guaranteed minimum value. No employee, contractor, affiliate, creator, or third party is authorized to make any representation about contents or value, and any such statement is void and creates no obligation.
3. Orders, acceptance, and pricing
All orders are offers to purchase, which we may accept or decline in whole or in part, for any reason or no reason, including suspected fraud, reseller or bot activity, quantity limits, inventory limits, shipping restrictions, prior chargeback history, or pricing errors. An order confirmation email acknowledges receipt; it is not acceptance. Acceptance occurs only when we ship.
We may limit quantities per person, household, payment method, IP address, or shipping address. Prices, promotions, box specifications, and the product lineup may change at any time without notice.
If a product is listed at an incorrect price or with incorrect information, we may cancel the order even after confirmation, and refund the amount charged. That refund is our entire liability in such a case.
4. All sales final, subject to the 4-hour window
We accept no returns and no exchanges. Every order is final.
The sole exception is the 4-hour cancellation and change window set out in Section 6 of the Return and Refund Policy: a written request sent to hello@ninaboxit.com within four hours of the order confirmation timestamp, and confirmed in writing by us, may cancel the order or correct the shipping address, box selection, or toy preference. The window closes immediately if the order ships or is packed before the four hours elapse. After the window closes, no cancellation, modification, return, exchange, or refund is available for any reason. The Return and Refund Policy sets out the complete terms and is incorporated here.
5. Shipping, title, and risk of loss
Shipping terms are set out in the Shipping Policy and incorporated here. Title and risk of loss pass to you upon the carrier's acceptance of the package. All sales are F.O.B. our fulfillment location.
6. Live streams, social content, and third-party statements
Content we publish on TikTok and other platforms is promotional and for entertainment. Nothing said, written, shown, or implied during a live stream, video, caption, comment, direct message, or third-party post modifies these Terms, creates a warranty or guarantee, or creates any refund, exchange, or replacement right. Where any such statement conflicts with these Terms, these Terms control absolutely.
Unboxing videos, hauls, reviews, and results posted by other customers or creators are their experiences alone and are not representative, not endorsed by us, and not a promise of your outcome.
By participating in, appearing in, commenting on, or interacting with our live streams and content, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, and display that footage, your username, and your comments for promotional purposes, without compensation or further approval.
7. Acceptable use
You may not: use the Site unlawfully; place fraudulent, automated, or bot orders; use false identities, disposable payment methods, or freight-forwarding addresses to evade our limits; scrape, crawl, or harvest data; reverse engineer or interfere with the Site's operation; introduce malicious code; impersonate any person; harass our staff or other customers on any channel; or misrepresent our products in resale listings.
We may suspend, restrict, cancel orders from, or permanently block any person who violates this section, without notice and without refund of unshipped orders beyond the amount paid.
8. Intellectual property
The Site and all text, graphics, photography, video, the NinaBoxIt name, logo, and trade dress are owned by or licensed to us and are protected by intellectual property law. You may not copy, reproduce, distribute, or make commercial use of any of it without our prior written permission.
Third-party brand names that may appear on items inside a box belong to their respective owners. We are not affiliated with, authorized by, endorsed by, or sponsored by any brand, retailer, carrier, or postal service, including the United States Postal Service, UPS, FedEx, Amazon, or any manufacturer. Any reference to such names is nominative and descriptive only.
9. Chargebacks and payment disputes
You agree to contact us at hello@ninaboxit.com and allow five (5) business days for a response before initiating any dispute, chargeback, or claim with your bank, card issuer, or payment provider.
You further agree that the following do not constitute valid grounds for a dispute, and that filing one on these grounds is a material breach of these Terms:
- "Item not as described", where the item is a mystery box whose contents are by definition undescribed and sold as is.
- "Item not received", where carrier tracking shows delivery to the address you provided.
- Dissatisfaction with contents, value, or condition.
- A change of mind or a mistaken order.
We contest every dispute with order records, IP and device logs, delivery tracking, this agreement, your checkout acknowledgment, and live-stream recordings where available.
Where you breach this section, we may: permanently block you, your payment methods, your email addresses, your phone numbers, and your shipping addresses from future orders; cancel any pending orders; report the matter to fraud prevention networks and payment processors; and, to the fullest extent permitted by law, recover from you the disputed amount, all processor dispute and representment fees, administrative costs, and reasonable attorneys' fees and collection costs.
10. Product safety, your responsibility, and assumption of risk
Mystery box contents are unscreened third-party goods that we did not manufacture, source from authorized channels, test, inspect, verify, or certify.
You expressly assume all risk arising from the possession, inspection, handling, use, consumption, gifting, or resale of anything received in a box. You are solely responsible for inspecting every item before use; keeping small parts, sharp objects, batteries, chemicals, and unsuitable items away from children and animals; checking expiration dates and recall notices; and safely disposing of anything unsafe, damaged, or prohibited.
Do not consume, apply, ingest, or administer any food, beverage, supplement, cosmetic, skincare, vape, or medical product received in a mystery box. Items may be expired, contaminated, tampered with, counterfeit, improperly stored, or unsafe. We disclaim all liability arising from such use.
You are solely responsible for complying with all laws applicable to any item you receive or resell, including product safety, recall, licensing, customs, and platform rules.
11. Disclaimer of warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AUTHENTICITY, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any defect will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions apply to the fullest extent permitted.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NINABOXIT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY ITEM RECEIVED IN A BOX, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SITE, THESE TERMS, OR ANY PURCHASE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by our own gross negligence or willful misconduct.
13. Indemnification
You agree to defend, indemnify, and hold harmless NinaBoxIt and its owners, officers, employees, contractors, and agents from and against any claim, demand, loss, liability, damage, fine, or expense, including reasonable attorneys' fees, arising from or relating to: your breach of these Terms; your misuse of the Site; your use, consumption, gifting, resale, or distribution of any item received in a box; your violation of any law or third-party right; or any injury or damage caused by an item you received, resold, or gave away.
14. Governing law, arbitration, and class action waiver
Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Informal resolution first. Before starting any formal proceeding, you agree to email hello@ninaboxit.com with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.
Binding arbitration. If the dispute is not resolved, you and NinaBoxIt agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any purchase shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Miami-Dade County, Florida, or conducted remotely at the arbitrator's discretion. The arbitrator's award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER. YOU AND NINABOXIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim alone proceeds in court and the remainder stays in arbitration.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorized access or abuse.
Opt out. You may opt out of this arbitration agreement and class action waiver by emailing hello@ninaboxit.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first order, stating your name, order number, and intent to opt out. Opting out does not affect any other provision of these Terms.
Court venue if arbitration does not apply. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to that jurisdiction and venue.
15. Time limit on claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Site, or any purchase must be brought within one (1) year after the claim arises, or it is permanently barred.
16. Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, hurricanes, fire, flood, epidemic, pandemic, war, civil unrest, terrorism, labor disputes, carrier failures, supplier failures, utility or internet outages, platform outages, payment processor failures, cyberattack, or government action.
17. Assignment, waiver, severability, and entire agreement
You may not assign these Terms. We may assign them freely in connection with a sale or reorganization of the business. Our failure to enforce any provision is not a waiver of it. If any provision is held unenforceable, it is severed and modified to the minimum extent necessary, and the remainder stays in full force. These Terms, together with the Return and Refund Policy, Shipping Policy, and Privacy Policy, are the entire agreement between you and NinaBoxIt and supersede all prior communications, including anything said in a live stream.
18. Changes to these Terms
We may update these Terms at any time. The version posted at the moment you place an order governs that order. Continued use of the Site after changes are posted constitutes acceptance.
Contact: hello@ninaboxit.com