Terms and Conditions of SASSY KIDS BOX LTD (October 2015)
This page tells you the terms and conditions on which we will supply to you the product/s listed on our website www.sassykidsbox.com (our Site) with our fortnightly subscription Sassy Kids Box service and/or our one off Boxes from our online shop. Please read these Terms and Conditions carefully and make sureensure that you fully understand that by subscribing to our fortnightly subscription Sassy Kids Box or by placing an order through our online shop, that you agree to be bound by these terms and conditions. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. Your use of the website after changes are made means that you agree to be bound by such changes.
1. INFORMATION ABOUT OUR COMPANY
We operate the website www.sassykidsbox.com and our company is registered in the UK (company number is 09762752) and our registered office and address for correspondence is:
Sassy Kids Box Ltd
4 Station Road
Email: Customer Service: firstname.lastname@example.org
We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of our site being down, we will place a notice on our website to this effect.
2. SERVICE AVAILABILITY
Our Site is intended for use by people all over the world.
We are a company providing fortnightly Subscription boxes, One Off Boxes and Party Boxes. Our Sassy Kids Boxes are currently available from the age of 3-8 years upwards. The Service we provide on our website www.sassykidsbox.com allows users to subscribe to a fortnightly subscription Sassy Kids Box or to send and receive a One Off Box and/or bulk orders for parties from our online store ( full details also on our website), to receive newsletters by post or by email, receive samples, offers, coupons, articles to review individual products from our boxes as well as the presentation of the boxes, packaging, delivery and the Sassy Kids experience on our website or elsewhere, upload photographs and videos of our boxes( and any other useful information Sassy Kids Box Ltd sees appropriate) and to fully participate as a member of the Sassy Kids Box online community.
The products in the Boxes are not manufactured by Sassy Kids Box Ltd. Should you have any questions about any product that we have supplied to you that are unanswered in our FAQ’s, these should be directed to our dedicated team at email@example.com. A link to Frequently Asked Questions can be found at the bottom of our Home Page on our website.
Your order(s) will be fulfilled by the delivery date set out in your dispatch confirmation. (You will not hold us responsible for any delays outside of our reasonable control which relate to the delivery of Boxes). It is your responsibility to report all lost or undelivered Boxes within 7 days to email: firstname.lastname@example.org.
3. YOUR STATUS
Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website, you agree to our Terms and Conditions. If you do not agree to these Terms and Conditions, you must exit our website immediately.
You are a resident in one of the serviced Countries and
You are accessing our Site from that Country.
Customers are obliged to comply with either Royal Mail’s claim compensation process or our own process. In the case of international customers, the same policy applies with each of their own Postal Authorities. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered Boxes. If you change address, you must update your address details in the relevant section of our website to ensure that no boxes are sent out to the wrong address. Please ensure that this is done in time to take effect before you move as you will not be refunded for any Boxes posted to the wrong location. You agree to provide accurate up to date information of your name and current address.
If you place an order(s) for our Sassy Kids Boxes (within the UK or Internationally), please be aware that they will be delivered via your local postal authority and may be subject to delays. We cannot therefore guarantee delivery on a specific day and will not be held liable for delays outside of our control. The risk of loss of boxes and merchandise purchased by you, pass to you upon Sassy Kids Box Ltd’s delivery of the item/s to the Carrier. Our Boxes cannot be returned for any reason (other than a genuine faulty product, which will need to be investigated by ourselves) and you do not have the right to cancel an order for the purchase of a Box once dispatched under the Consumer Protection (Distance Selling) Regulations 2000 (now replaced as of 13th June 2004 by the new Consumer Contracts Regulations) (To be further amended by the Consumer Rights Act in October 2015) (with numerous changes).
Subject to these Terms and Conditions, Sassy Kids Box Ltd grants you a limited, revocable, non-transferrable and non exclusive license to access and use the Site and the contents of each Sassy Kids Box for your own non-commercial personal use. You may not use the site for the benefit of another business, unless explicitly permitted by Sassy Kids Box Ltd in advance and in writing. Sassy Kids Box Ltd reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Sassy Kids Box Ltd believes that its client conduct violates application law or is harmful to Sassy Kids Box Ltd’s interest. Any discount code usage for Sassy Kids Box subscription is reserved for new customers only (one code per customer/household) unless otherwise agreed by Sassy Kids Box Ltd.
Application laws require that some of the information or communications we send you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications i.e. text messagingthat we provide to you electronically comply with any legal requirement that such communications should be in writing. You can opt out at any time by clicking the ‘unsubscribe link’ for emails and for texts by sending a ‘STOP’ text.This condition does not affect your statutory rights.
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
4. JOINING AND REGISTERING WITH SASSY KIDS BOX
Once we accept and confirm by email your Subscription, ‘One Off Box’ or Party Boxes that is when the contract is made. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account and password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy, which is subject to change from time to time.
You understand and agree that the contents of Sassy Kid Boxes are tailored especially for children based on the information provided by you. Sassy Kids Box Ltd do not accept responsibility for any associated costs for the input of wrong information by yourself such as gender, age and delivery address. Should you make a genuine error, we will be happy to update your details for you for future boxes, once we are advised. You agree that you cannot change your child’s information within your account, for example you will not be permitted to change the details to another child. You may add another child and take a new subscription from within your account, if required.
You are responsible for providing your own correct delivery address or any another recipient that you are sending a Box(es), One Off Box or party Boxes to.
By submitting or posting any materials or content, featuring products that you have received from Sassy Kids Box, you grant Sassy Kids Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Sassy Kids Box the rights set out in this paragraph, please do not submit your content. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Sassy Kids Box the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Sassy Kids Box will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
5. YOUR CONDUCT
You are solely responsible for all reviews, blog comments, video, photographs, messages and any other material that you upload, email or transmit in any way to our website. You agree that you will not post any content where you do not have the legal right to do so. Nor will you post any content that is defamatory, libellous, pornographic, unlawful, excessively violent, promoting violence, promoting illegal activities, discriminatory based on race, sex, age, religion, disability or anything else that is generally accepted as being objectionable (or that Sassy Kids Box Ltd deems as being objectionable). In addition you agree not to post any content that is likely to harass, upset, embarrass, alarm or annoy any other person.
You must not use the Service to impersonate any person, or to misrepresent your identity or affiliation with any person. You also agree that you will not post any unauthorised advertising, any content for financial gain through commercial enterprises, including but not limited to promotions, links to other websites, voucher codes and any other form of solicitation. You agree that Sassy Kids Box Ltd, without limitation, may use any content complying with the current copyright law that you upload to the website or anywhere else that features Sassy Kids Boxes.
6. SASSY KIDS BOX COMMUNITY
We do our very best to monitor the Community as much as we can, but we do rely on your help as a user to report any issues you come across too. We operate a notice and take-down policy and, although we can’t guarantee it, we will try to remove reported content straight away. Posts may be deleted without notice and we’ll remove members at our sole discretion. If we think it’s appropriate, we may also take further action against the offending user, but we will not and cannot disclose the outcome of this.
Sassy Kids Box Ltd does not endorse any opinions expressed by users of the Community.
7. YOUR PRIVACY
Sassy Kids Box Ltd takes payment for goods that you purchase through the Service via Stripe Payments Europe Ltd (Stripe) who are certified as a Level 1 Service Provider (the most stringent level of security certification available in the payments industry) and who are recognised with the Payment Card Industry Data Security Standards.
Sassy Kids Box Ltd may change our prices at any time, if you do not wish to accept the new price you may cancel your subscription as below otherwise payments will be at the new price. Sassy Kids Box Ltd is not privy to any of your credit/debit card information and no card details are stored on the Sassy Kids Box website or its servers.
All subscription Boxes purchased via Sassy Kids Box website auto-renew. If you subscribe to the Service, you agree that you will promptly update your account information with any changes (for example, a change to your billing address or debit/credit card expiry date). You agree to pay Sassy Kids Box Ltd the amount that is specified in the ‘Service’ in accordance with these Terms of Service. You hereby authorise Sassy Kids Box to charge your debit/credit card in advance of the dispatch of your next Box(es), in accordance with the terms that are applicable to the subscription you purchased, until you terminate your account, cancel your subscription or change your subscription to a different subscription.
You understand and accept that, unless otherwise expressly stated, our Service is a subscription that operates on an auto-renewal basis and once your initial pre-paid subscription has ended, you agree to your debit/credit card being charged again. Should you not wish for the renewal to take place, you should email us at email@example.com or in writing to our registered office as above (see Cancelling a Subscription). All payments made are non-refundable (unless faulty items can be proved to have been sent). Dispute of any charges must be notified to Sassy Kids Box Ltd. We reserve the right to change the price(s) of our subscription and will give you (at least 28 days notice of any such change). The notice of the price change will be on the website and we will also email it to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
10. CANCELLING A SUBSCRIPTION
We would have to see you go, but if required you should cancel your subscription at any time once your first Sassy Kids Box has been received. Please note that we start preparing your next box as soon as payment has been taken and if you cancel during the preparation period you understand that you will receive and be charged for one more box. Please note that our Customer Care team are unable to cancel your subscription for you. To cancel, log in to your account and click on 'manage orders', you will then be able to manage your subscriptions for each child. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address. Failure to do so may result in some or all of your boxes being placed on hold due to an incomplete shipping fee being paid.
Please note that once you have received your first Box, should you wish to return your box, please notify us immediately upon receipt of that box by email at firstname.lastname@example.org and upon confirmation of your email you will be required to return the Box to us within 7 days of receipt with your full name, order number and reason for return. The contents must be unused. Upon receipt of the returned Box, and upon examination by Sassy Kids Box Ltd, we will process a refund within 5 working days back to the same card that was used to purchase, with the balance owed to you. Please note that it is your responsibility to cover the cost of sending the item back to us and remains in your care until received by us. Proof of postage is always recommended.
Sassy Kids Box Ltd complies fully with the Consumer Protection (Distance Selling) Regulations 2000 and Additional Charges Regulations 2013. These regulations (ICAC) regulations came in to effect on 13th June 2014, and the cancellation or ‘cooling off period’ starts when the contract is entered in to and ends at the end of the 14th day from the day after the goods are received by you or the cancellation rights you have are received by Sassy Kids Box Ltd by letter or electronically by email. If you wish to return an box to us you will have fourteen working days to do so from the date of delivery. Note: This does not apply to perishable and other items that deteriorate rapidly such as food. Nor does it apply to any tailor-made goods. You will need to obtain a returns number from email@example.com. All goods will be examined on their return to us and the cancellation of an order is not accepted by us until we have examined the goods and informed you of our acceptance in writing by electronic email or by post to our registered office address. Following cancellation you are under a legal duty throughout the period of cancellation to retain possession of the goods and take reasonable care of the goods.
You must return the goods to us securely packaged, in a good condition consistent with your statutory duty to take care of them, at your own cost, by recorded delivery or by any other appropriate method so as to reasonably ensure that we receive them, as soon as possible after sending us your cancellation. Any request to return any Boxes that you have received as part of a promotion must include all goods and boxes in the original packaging received as part of the promotion, otherwise you may be charged the full price of your Sassy Kids Box(es) plus a £10 admin fee.
If your Sassy Kids Box has been dispatched or is in the process of being dispatched and you no longer require the item you will be required to return the item in return for a refund less the cost for returning the Sassy Kids Box. You agree not to hold us responsible for banking charges incurred due to payments on your account.
13. OUR CONTRACT WITH YOU
Any order that you place may be cancelled by us at any time prior to dispatch. In the event of this happening, no contract for that or those orders, will exist between Sassy Kids Box Ltd and you and you will be notified by email of the cancellation and the reason for the cancellation.
Your use of the Service is at your sole risk. You agree that you are entirely responsible for any interactions with other users of the Service and that Sassy Kids Box Ltd will bear no responsibility or have any liability in matters between you and other users of the Service.
Under no circumstances will Sassy Kids Box Ltd be liable in any way for any content posted by ourselves and any third parties, including, but not limited to, any errors or omissions in any content. Nor will Sassy Kids Box Ltd be liable for any loss or damage of any kind incurred as a result of the use of any content posted via the Service. We reserve the right to refuse or remove any content that violates these Terms and Conditions or that we find objectionable even if not covered in this agreement. You agree to bear all risks associated with the use of any content including any reliance on the accuracy of such content
15. LIABILITY LIMITATION
Sassy Kids Box Ltd makes no warranty that the service, products and Boxes will meet your requirements or expectations. You understand and agree that Sassy Kids Box Ltd will not be liable for any direct, indirect or consequential damages as a result of using the Service. Nor will it be liable for the cost of your procurement of substitute goods for any reason including but not limited to, the non-arrival of an expected box or your inability to access the Service due to a Service failure. You agree to indemnify Sassy Kids Box Ltd, their officers, employees and agents against all losses, damages, expenses, claims, legal actions of any kind as well as injury (including death) arising from or relating to your use of the Service.
16.COMPETITIONS, PROMOTIONS AND FREE GIFTS
Entrants outside of the UK are not precluded from entering or winning any competition hosted by Sassy Kids Box Ltd but must pay the shipping costs prior to receiving any prizes. For competitions whereby one or more Sassy Kids Boxes are given away as a prize(s), winners must fit the Sassy Kids Box Ltd criteria for the service that is offered (for example Sassy Kids Box is available from 3-8 years upwards . (Only one entry per person is permitted, unless otherwise stated).
Automated entries will be invalidated, including multiple entries from the same IP or telephone number range. The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day. Winners will be notified (by email, post or social media) within 21 days of the closing date. Winners should allow 6 weeks for delivery. The judge’s decision is final and no correspondence will be entered into. Prize winners shall not, under any circumstances whatsoever, sell or transfer their prize to any other person(s). Selling or transferring prizes includes, but is not limited to, selling and/or distributing on any website including any auction site whether it is operated by a third party or by a prize winner. Sassy Kids Box Ltd reserves the right to cancel any prize if it has reasonable grounds for believing that a prize winner has, or has attempted to, sell, transfer or exchange their prize. No cash alternative or alternative prize is available on entrants’ request but in the event of the advertised competition prize being unavailable Sassy Kids Box Ltd reserve the right to offer an alternative prize of equal or greater value. Sassy Kids Box Ltd will not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in a competition.
Competition winners may be required to take part in or co-operate with publicity. Competition winners agree to keep confidential any knowledge about Sassy Kids Box Ltd and its business and personnel received by them as a result of the competition. No responsibility is accepted for inaccurate prize details supplied by sponsors. Use of false name or address, eg name by which the entrant is not usually known, will disqualify them from receiving any prize. Sassy Kids Box Ltd reserves the right to oblige any potential winner to provide documentary proof of their identity and address as directed by Sassy Kids Box Ltd before such person may claim their prize. In certain circumstances, Sassy Kids Box Ltd shall, at its discretion, require any person to present themselves in person supported by such documentation for identification purposes (we will reimburse all reasonable travel costs incurred) prior to releasing the prize.
Any dispute or claim arising out of or in connection with a competition shall be governed by and construed in accordance with English law and entrants irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with a competition. Where a free gift is offered and the subscription is cancelled and refunded prior to the end of the subscription, you will be billed the retail price of the free gift. For example, if you have purchased a fortnightly subscription and receive a free GIFT and the subscription is cancelled and refunded prior to the end of the subscription, you will be billed the RRP of the free gift. Free gifts are limited to one per customer at one address only. Sassy Kids Box Ltd may offer Sassy Reward Points or other prizes in exchange for receiving photos or videos relating to Sassy Kids Boxes. Sassy Kids Box Ltd reserve the right to re-use any media content (inclusive of photos or / and videos and text messages but not restricted to) that is sent to Sassy Kids Box Ltd or posted / uploaded to their Social Media or text messages sent to you by Sassy Kids Box Ltd. You may opt out of this by emailing us firstname.lastname@example.org or by post to our registered address.
Where a Promotional Introductory reduced price has been offered for ‘Get Sassy Fortnightly’ – you are required to receive your First Box before giving Sassy Kids Box Ltd Notice, should you wish to cancel thereafter. Subsequent boxes and renewals will be at the full price. All promotions (unless specified otherwise) are for new customers only and limited to one per customer, one per child and one per household and cannot be used in conjunction with any other offers. You understand that you may not have more than one active subscription for the same child. Subscriptions will renew at the standard price of £3.99 plus 99 pence for Mainland UK delivery each fortnight.
We reserve the right to amend our rules at any time. Entry in the competition implies acceptance of these rules. We will keep your personal details for a reasonable time so that we can send you any prize that you have won, to verify that all rules have been complied with, and for accounting purposes. We may pass your details on to our service providers and agents for the purposes of sending you the prize on our behalf. Sassy Kids Box Ltd may at any time issue specific rules to be read in conjunction with all general rules. In the event of a conflict between two sets of rules, the competition-specific rules take priority. Note that any Participants who are rude, abusive or deemed otherwise unsuitable by Sassy Kids Box Ltd will be banned from the competition
You may not take out a new subscription using the same or another promotional code. Please note that any breach of our terms will result in your order being placed on hold. In the event of this occurring you will liable for the full price of the box. Any promotional codes must be used at the time of purchase and cannot be backdated. Each fortnight Sassy Kids Box Ltd gives customers the chance to win by posting their best photos of their child enjoying their latest Sassy Kids Box. To enter simply post your photo on Instagram, Facebook or Twitter with the #SassyKidsBox. You can also enter by emailing us at email@example.com
17. OUR COPYRIGHT
Our Copyright: The Sassy Kids Box website and the Sassy Kids Box brand are the copyright of Sassy Kids Box Ltd. You may not use any material from the website without Sassy Kids Box Ltd prior written consent. This includes any of the service content that may appear on other websites where we have permitted its use. You acknowledge and agree that all our service content is protected by copyright and may also be protected by patent, trademark, trade secret or other proprietary rights and laws.
18. LINKED SITES
Sassy Kids Box Ltd may provide links to websites on the Internet which are operated by other companies who we believe offer services and/or products which may be of interest or relevance to you. We make no representations whatsoever about any other website(s) which you may access through this Site or which may link to the Site. When you access any other website, for example via the Sassy Kids Box Offers section of the Site, you understand that you are accessing a website that is independent from this Site and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Sassy Kids Box Ltd endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master. Any concerns regarding our Site/a link on our Site should be directed to firstname.lastname@example.org
Customer feedback is very important to us. We are always looking for ways to serve you better. Please contact us with any questions you may have. We are here to help. By email: email@example.com
Sassy Kids Box Ltd
4 Station Road