- Use of the Site
The Site is provided to you free of charge by the Company for your personal use subject to these Terms. By using the Site you agree to be bound by these Terms. The services provided by the Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site you will require internet connectivity and appropriate telecommunications links. The Company shall not be liable for any telephone or other costs that you may incur.
The Company may update and amend these Terms from time to time and any changes will be notified to you via an announcement on the Site. The changes will apply to the use of the Site after the Company has given notice. If you do not wish to accept the new or amended Terms you should cease using the Site immediately. If you continue to use the Site after the date any change comes into effect, your use of the Site indicates your agreement to be bound by the new or amended Terms.
- Availability of the Site
Although the Company aims to offer you the best service possible, the Company makes no promise or guarantee that the services on the Site will meet your requirements. The Company does not guarantee that the services will be fault free. Your access to the Site may be occasionally restricted to allow for maintenance and repairs to the Site, or for the introduction of new facilities or services. The Company will use its reasonable endeavours to minimise the periods during which access to the Site is restricted for these reasons.
- Intellectual Property Rights
The Company or people that the Company have contracted with are (so far as the Company is aware) either the owner of or are licensed to use all the copyright, database rights or similar rights and information within the Site. The Company allows you to use the information and reproduce it in hard copy for your personal non-commercial use and reference only. An exception to this is where you are using a feature of the Site, such as “email this article”, for personal non-commercial use and reference only. The information on the Site may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written approval of the Company. If you make any hard copies you must retain all copyright and proprietary notices. You must not alter or attempt to alter any words, data, image or other item on the Site other than those items that are intended to be completed or changed by you.
You may not use the Site to:
- transmit material that could encourage conduct that constitutes a criminal offence, results in civil liability or in any way breaches relevant laws, regulations or codes of practice;
- disseminate any material which is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
- upload or transmit through the Site any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- gain unauthorised access to other computer systems; interfere with any other person’s use or enjoyment of the Site;
- breach any laws concerning the use of public telecommunications networks;
- interfere or disrupt networks or web sites connected to the Site; and
- make, transmit or store electronic copies of the materials protected by copyright without the permission of the owner.
You will indemnify the Company, its agents, employees and officers (Indemnified Persons) against all losses, liabilities, costs and expenses which are reasonably suffered or incurred by any or all of the Indemnified Persons, any and all damages awarded against us under any judgment by a Court of competent jurisdiction and any and all settlement sums paid by any or all of the Indemnified Persons as a result of any settlement agreed by any or all of the Indemnified Persons arising out of or in connection with:
- any claim by any third party that your use of the Site is defamatory, abusive, offensive or of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that your use of the Site infringes such third party’s copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising, trading body or authority in connection with your use of the Site; and
- any breach of these Terms by you.
You confirm and warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
- you are not impersonating any other person or entity.
The products purchased on the Site are solely for private and domestic use, they are not for resale. You will notify the Company immediately of any changes to personal information by getting in touch with the Company by email at: email@example.com.
You may choose to purchase to the Company’s offering (known as ‘Kewel Box’). By purchasing a ‘Kewel Box’ via the Site, you acknowledge that the total cost of the ‘Kewel Box’ will be taken in full when you place your order. You also acknowledge that, unless you inform the Company otherwise, each month you will receive an invoice inviting (invitation) you purchase another ‘Kewel Box’. This will continue until you tell the Company you no longer wish to receive the invitations:
To cancel the invitation, you must email: firstname.lastname@example.org.
Subject to availability, you may receive your Kewel Box in the same month that you place your order (for example, if you subscribe in January, you first ‘Kewel Box’ may begin with January’s ‘Kewel Box’. If the monthly ‘Kewel Box’ is not available in the month you place your order, your order will be satisfied in the subsequent month). Please note the date on which the Company will ship the ‘Kewel Box’ may vary from month to month, you should also note that on occasion there may be shipping delays and/or product back-orders due to unforeseen issues involving the brand fulfilment process. Any estimated delivery dates given are estimations only and you will not be eligible for a refund due to any unforeseen delays.
You will receive a confirmation email as soon as your ‘Kewel Box’ has been shipped. You will not be eligible for a refund due to any unforeseen delays. If you change address during the term of your invitation, please contact the Company at email@example.com to notify them. Please note, you must give the Company 4 weeks prior notice of any change in address. If you fail to notify the Company of your address change then the Company will not be liable to you in the event that you fail to receive your Kewel Box and no refund shall be provided.
Nothing in this clause 7 affects your statutory rights. Please see clause 11 below for further information about your right to cancel. We reserve the right to cancel your invitation at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change the ‘Kewel Box’ invitation model.
- The Company’s Liability
You must bear the risks associated with the use of the Internet. The Site is provided by the Company without any warranties or guarantees. The Site provides content from other Internet sites or resources. The Company does not endorse or accept responsibility for the material on such other internet sites or resources. The Company will not be responsible for any errors or omissions or for results obtained from the use of such information or for any technical problems you may experience with the Site. If the Company is informed of any inaccuracies in the material on the Site the Company will as soon as reasonably practicable, investigate and, if deemed appropriate by the Company attempt to correct the inaccuracies. In particular, the Company disclaims all liabilities in connection with the following:
- incompatibility of the Site with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Site;
- unsuitability, unreliability or inaccuracy of the Site; and
- inadequacy of the Site to meet your requirements.
You should ensure that you have appropriate insurance in place to cover any such damage, cost, expense or liability that you may suffer or incur. You agree that the Company will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
Notwithstanding any other provision in the Terms, nothing in these Terms:
- affect or limit your rights as a consumer under English law; or
- shall exclude the Company’s liability for personal injury or death caused by its negligence.
Any and all orders placed via the Site, are subject to availability and acceptance by the Company. If the goods ordered are not available, you will be notified by e-mail. You may then choose to either:
- wait until the item is available from stock; or
- to cancel the order.
Any orders placed by you will be treated as an offer to purchase the goods or services from the Company and the Company has the right to reject any offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from the Company will not amount to the Company’s acceptance of your offer to purchase goods or services advertised on the Site. The conclusion of a contract between you and the Company will take place when either of the follow occur, whichever is the later;
- debit your credit, debit card or PayPal account; or
- dispatch the goods to you or commence the services.
The Company will take all reasonable care, insofar as it is able, to keep the details of your order and payment secure, but in the absence of negligence on the Company’s part, it cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Site. You assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products . The Company does not accept any liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified
10. Advertising, Sponsorship and Third Party Links
Any part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. The Company does not endorse and will not be responsible for any advertising and sponsorship material (including, without limitation, any errors or inaccuracies). The Site may include links to other websites or material which is beyond the Company’s control. For the avoidance of doubt, and for your information, the Company is not responsible for any such websites or material nor does the Company review or endorse them. The Company will not be liable, whether directly or indirectly, for the privacy practices or content of any such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
11. Cancellation Rights
Where you have purchased goods or services offered on the Site as a consumer (this means for private use as opposed to business use), you are entitled to cancel the contract completed with us within 14 days from the day on which you acquire physical possession of the goods in satisfaction of that contract. To exercise your right to cancel, you must inform the Company of your decision to cancel the contract by a clear statement (in this instance we will consider an email to firstname.lastname@example.org satisfactory). Alternatively, please contact the Company if you wish to use our model cancellation form. It is very important to ensure that the items you are returning are unopened and in any original packaging. Unwanted goods must to be in pristine condition with any retail seals unbroken. This Returns Policy does not affect your statutory rights.
12. Price and Payment
All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered onto the site, the Company however reserves the right, without notice to change the prices at any.
Orders which have a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches the destination country.
Any such additional charges must be borne by you , and you should note that customs policies and practices do vary widely from country to country. The Company recommends that you contact your local customs office for information.
Please note that when shipping goods from outside of the UK, cross border shipments may be subject to opening and inspection by customs authorities.
In respect of all goods dispatched to you to an address outside of the UK, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by any major credit or debit card. The Company uses Stripe (https://stripe.com/gb) and PayPal (PayPal.com) to provide such ecommerce and merchant services, and you are subject to, and must comply with Stripe or PayPal’s terms and conditions of service, when accessing and using this service. Payment will be debited and cleared from your account before the dispatch of the goods ordered, or provision of the service to you.
In the unlikely event that the price shown on the checkout page (also known as the sign up page) is wrong, and the Company discovers this before accepting your order, the Company is not required to sell the goods to you at the price shown. The Company will always try and ensure that the prices of goods shown on the Site are accurate, but occasionally genuine errors may occur.
If it is discovered that there is an error in the price of the goods that you have ordered the Company will let you know as soon as possible, giving the option of reconfirming your order at the correct price or cancelling it.
If you cancel your order but you have already paid for the goods, then you will receive a full refund. You confirm that the credit or debit card being used is yours. Notwithstanding the terms and conditions of the Company’s chosen merchant service Stripe, all credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us the Company will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. The Company will allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, could include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions in their entirety, before you place an order as the Company reserves the right to reject or cancel any order which does not comply with these terms, this applies even if your credit or debit card has been charged.
13. Governing Law
These Terms are governed and construed in accordance with the laws of England. You agree that the English Courts shall have exclusive jurisdiction but the Company may use another court if it chooses. Unless otherwise specified, the Site is directed solely at individuals from the UK. If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
The comments and information contained on the Site do not constitute advice and you should not rely on any content on the Site to make (or refrain from making) any decision or take (or refrain from taking) any action. The Company makes no warranty or representation as to the accuracy or fitness for purpose of any material on the Site or the reliability of the access to the Site. The Site contains comments, information and material submitted and created by third parties.
The Company does not endorse or have any control over this content. This content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company.
The Company excludes all liability for any illegality arising from any error, omission or inaccuracy in such material and the Company will bear no responsibility for any such material. The Company makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users of the Site. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
14. Confectionary and Food Items
Your Kewel Box may contain confectionary (sweets and chocolates), or any other edible food item. To make the most of these items, the Company recommends that they are consumed within 8 weeks of receipt.
Nut Content Customers should be aware that all any confection or other edible food items are purchased by the Company from manufacturers who manufacture and package in environments in which nuts may be present and therefore cannot guarantee that any confectionary or other edible food items supplied are free of nuts and nut traces. Please note that ingredients provided are those from manufacturers’ packaging and lists and are therefore as accurate as those available from the manufacturers, the Company cannot therefore cannot be held responsible for their content.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. The Company may assign its rights and entitlements under these Terms without your consent. If any provision of these Terms is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The Company will not be responsible for any breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right to remedy of a third party which exists or is available apart from the Act. The Site is owned and operated by Interactive Logic Limited a company incorporated in England and Wales (registered number 08134235) whose registered office is at 145 – 157 St John Street, London EC1V 4PW.