WEBSITE AND SUBSCRIPTION BOX TERMS AND CONDITIONS
1) Agreement to Terms and Conditions
1.1 www.friendlybox.co.uk (the ”Website ”) is operated by FriendlyBox Limited, a company registered in England under company number 12819112 and having its registered office at 85 Great Portland Street, Marylebone, London, W1W 7LT. You can contact us by writing to us at firstname.lastname@example.org
1.2 These terms and conditions (the “Terms and Conditions“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and FriendlyBox Limited. These Terms and Conditions outline your use of the Website and purchase of subscription boxes from the Website. Please read these terms carefully before you start to use the Website. Your use of this website and purchase of subscription boxes is at all times subject to these terms and conditions. By using the Website, you are indicating that you accept and agree to comply with the Terms and Conditions set out below. If you do not agree to these Terms and Conditions, then you are prohibited from using the Website and Services and you must discontinue use immediately.
This Website provides the following services: Subscription Boxes (Services).
1.3 As we operate from the UK, we make no representations that materials on the Website are appropriate or available for use in or comply with applicable laws of other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
1.4 The following additional terms also apply to your use of the Website:
2) Changes to these Terms
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated with an updated ‘Revised date’. The updated version will be effective as soon as it is accessible. It is your responsibility to check the Terms and Conditions and we encourage you to review them each time you visit the Website to ensure that you are aware of any changes. Your use of the Website following the visible amendment of any such changes will constitute your acceptance of the revised Terms and Conditions.
3) Accessing the Website
a) Access to the Website is permitted on a temporary basis. We reserve the right to suspend, withdraw, change or discontinue all or any part of the Website without prior notice. We do not guarantee that the Website or any of its contents will always be available or be uninterrupted and we will not be liable to you for any loss, damage or inconvenience if for any reason, the Website is unavailable at any time or for any period.
b) You are responsible for making all arrangements, technical or otherwise, necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
4) Website Content
a) We may update the Website from time to time and may change any part of the content at any time to reflect changes to our products, our users’ needs and/or business priorities. We also reserve the right to modify or cancel all or part of the Services without notice at any time.
b) Your access to this Website may occasionally be restricted to allow for maintenance, repairs or improvements to the Website, resulting in interruptions, delays or errors. We cannot guarantee the Website and Services will be available at all times.
c) There may be information on the Website that contains errors or omissions that may relate to the Services. We reserve the right to correct any errors or omissions and to change or update the information at any time, without prior notice. If a fault occurs in the service you can also report it to us and we will correct the fault as soon as is reasonably possible.
5) Acceptable Use
a) You may use the Website only for your own non-commercial personal use and in compliance with these Terms and Conditions. You are responsible for your own communications, including uploading or posting of information and are responsible for the consequences of such communications to the Website. Any other use of the Website requires the prior written consent of FriendlyBox.
b) You may not post any information which is untrue, inaccurate or which is defamatory, derogatory, fraudulent, or otherwise harm, in our opinion, us and/or the Website.
c) You shall not breach or attempt to breach the security of this Website.
d) You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
e) You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website.
f) You must not use a false email address whilst using this Website, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.
g) You may not frame portions of the Website within another web site. You may not resell use of, or access to, the Website to any third party without our prior written consent.
h) You agree to be responsible for installing adequate anti-virus software and related security protection to ensure security of your computer systems whilst using the Website. We accept no responsibility for any loss or damage suffered as a result of your failure to do so.
6) Intellectual Property Rights
a)Unless expressly stated otherwise, all material published on the Website including all software, design, images, text, illustrations, audio/video clips, databases and functionality are owned or licenced to us, and protected by copyright and trademark laws.
b) Provided that you are eligible to use the Website, you may print off one copy and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website solely for your personal non-commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way
c) Unless the conditions in 6 (b) are met, you must not use the Website or any part of it for any purpose without obtaining written confirmation to do so from us.
7) Subscriptions and Orders
7.1 Products and Box subscriptions may be ordered by clicking on the box you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Order” button on the checkout page. By subscribing to FriendlyBox you acknowledge that:
7.1.1 You are aged 18 or over and able to form a legally binding contract;
7.1.2 All information submitted by yourself at registration stage is complete and accurate, and you will maintain the accuracy of this information for the entire term of your subscription.
7.1.3 You will immediately notify us of any unauthorised use, or suspected unauthorised use of the account or any other breach of security; and
7.1.4 You will be solely responsible for all activity that occurs under your account.
7.1.5 Your order constitutes an offer to FriendlyBox to buy a box subscription. All orders are subject to acceptance by FriendlyBox. FriendlyBox is not obliged to accept your order and may, in its discretion, decline to accept any order. Where FriendlyBox accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
7.1.6 The subscription box plan from FriendlyBox consists of an initial charge followed by recurring payments. By entering into this agreement, you acknowledge that your subscription is subject to an initial payment and recurring payments for an indefinite period, and you accept liability for all recurring payments. FriendlyBox can process recurring charges without further authorisation from you until you notify us that you wish to terminate your agreement or change your method of payment. Charges which have been incurred by you before we could reasonably act will not be affected by the giving of such notice.
7.1.7 FriendlyBox can choose to cancel your month to month subscription at any time without explanation.
7.1.8 FriendlyBox subscriptions are non-transferable and cannot be sold or traded.
8) Price & Payments
8.1 The price of our monthly boxes will be as quoted on our website at any time. If at any time an incorrect price is quoted on our Website, we will rectify this as soon as possible. Persons who at such time have already subscribed to receive our monthly boxes shall be charged the price applicable on the date of despatch of the monthly box.
8.2 We can choose to change the price or delivery charge due for our monthly boxes at any time. If the price changes for any reason those persons who at that time have already subscribed to receive our monthly boxes shall be notified as soon as reasonably practicable and, in any event, not less than 14 days before the start of any month. They shall have the option to terminate their agreement immediately or if they do not cancel before the despatch of the next monthly box accept their liability at that new price.
8.3 For month to month subscriptions, payment is processed immediately at the time of order. Further recurring payments will be taken on the 1st of each calendar month, unless you provide notice of cancellation to FriendlyBox. We will ship your box as soon as possible after payment has been debited, but no later than 7 days after this date. To cancel your subscription, you must logon to your account or email us at email@example.com and we will do it for you. You must notify FriendlyBox by the 1st day of the previous month to prevent the charge for that month.
8.4 For prepay subscription options, in the event that you subscribe before the 20th of a calendar month, payment will be taken immediately and a box shipped to you as soon as possible after payment has been debited, but no later than 7 days after this date. Future boxes will be shipped on or around the 5th of each month, but no later than the 7th of each calendar month. In the event that you subscribe on or after the 20th of a calendar month, payment will be delayed until the 1st of the following calendar month. Boxes will be shipped on or around the 5th of each month, but no later than the 7th of each calendar month
8.4.1 prepaid subscriptions will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time by logging onto your account or emailing firstname.lastname@example.org.
8.5 Ownership of all boxes and the contents thereof will only pass once all payment including delivery charges has been received.
9.1 Boxes can only be delivered to addresses within the United Kingdom of Great Britain and Northern Ireland, unless indicated otherwise on our Website.
9.2 We currently deliver our boxes to you by Royal Mail. Please note that delivery times within the UK are typically within 48 hours of the date of posting but this may vary due to stock availability, your delivery address and circumstances out with our control which may impact delivery by the Royal Mail.
9.3 FriendlyBox reserves the right to change our method of delivery at any time without prior notification.
9.4 FriendlyBox will not be liable for any delays in the delivery of boxes. It is the responsibility of customers to report lost boxes to the Royal Mail and to FriendlyBox within 7 days of your expected delivery date. Failure to comply will result in no refund being made.
9.5 The risk of loss and title for our boxes pass to you from the time of delivery.
9.6 Should your address change, it is your responsibility to update your address details in the My Account section. You will be liable to pay for any boxes sent to the wrong address.
10) Cancellation & Termination of Subscription
10.1 You have a right to cancel your contract with us at any time from the date you first subscribe to us until the date which falls 14 working days after the day your first box is delivered to you. If you do wish to exercise this right to cancel, you must contact us at email@example.com. Your cancellation is effective from the date you send us your written confirmation and we will process your refund within 30 calendar days of this date. Refunds are made in the same form of payment originally used for purchase. If you cancel your contract with us under this clause and your box has already been delivered to you:
10.1.1 you must return the box and the contents within as soon as is reasonably practicable – we recommend that you return the goods to us by Royal Main Special Delivery (or an equivalent “signed for” delivery service)
10.1.2 unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us, and
10.1.3 you have a legal obligation to keep the goods in your possession until such time as you return them to us and to take reasonable care of the goods while they are in your possession.
10.2 To cancel your month to month subscription, you must logon to your account or email us at firstname.lastname@example.org and we will do it for you. You must notify FriendlyBox by the 1st day of the previous month to prevent the charge for that month.
10.3 Prepaid subscriptions will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time by logging onto your account or emailing email@example.com.
11) Limitation of Liability
11.1 Content, products and services provided in our boxes are provided by third parties and we may provide links to certain third-party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third-party products or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third-party products, materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.
11.2 Whilst we may display images of products included in our boxes on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the products; however, we cannot guarantee this. You should also note that images of the products on the Website may not be representative of the actual size of the products.
11.3 The list price displayed for products included in our monthly subscription boxes represents the recommended retail price and may not represent the prevailing price in every area on any particular day.
11.4 We reserve the right to alter the products or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
11.5 Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
11.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
11.7 We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
11.7.1 use of, or inability to use, the Website; or
11.7.2 use of or reliance on any content displayed on the Website.
11.8 Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12) No waiver
No delay or failure by us in exercising any of our rights under these Terms and Conditions will constitute a waiver of that right or any other rights under these Terms and Conditions.
13) Indemnity by you
You will be liable for any loss or liability arising from or in relation to any breach by you of these Terms and Conditions or of any applicable laws and accordingly agree to indemnify FriendlyBox for any such loss or liability.
14) Governing law and jurisdiction
The operation of our Site and Contracts for the purchase of Goods through our Website are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
15) Contact us
If you need to contact us for any reason, you can get in touch through our Contact Us form or by emailing firstname.lastname@example.org