TERMS & CONDITIONS
About these Terms
These are the terms and conditions on which we supply our boxes of products to you (a Box / the Boxes). Our Boxes contain a selection of handpicked products we think you’ll love - the website has a range of Boxes you can order.
You should read these terms carefully before you order a Box. They tell you who we are, how we will provide the Boxes to you, what to do if there is a problem and other important information.
We’d welcome your comments on our terms - if you see something you’re not sure about, just drop us a line on firstname.lastname@example.org
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on _______________.
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) We are Send a Box Ltd a company registered in England and Wales under number 09702470 whose registered office is at Theataccounts Limited The Oakley, , Kidderminster Road, Droitwich, , Worcestershire, WR9 9AY with email address email@example.com; telephone number _______________ ; fax number _______________ (the Supplier or us or we).
These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Consumer means an individual acting for purposes which are wholly or
mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
Goods means any goods that we supply to you, of the number and description as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
Payment for Goods must be made at least 1 day in advance of delivery. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
Inanycase,regardlessofeventsbeyondourcontrol,ifwedonotdeliverthe Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
WedonotgenerallydelivertoaddressesoutsideEnglandandWales,Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
Ifyouoryournomineefail,throughnofaultofours,totakedeliveryofthe Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
30. YoucanwithdrawtheOrderbytellingusbeforetheContractismade,ifyou simply wish to change your mind and without giving us a reason, and without incurring any liability.
31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
32. Upon delivery, the Goods will:
be of satisfactory quality
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
33. It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
34. Intheeventofanyfailurebyapartybecauseofsomethingbeyondits reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
WeareaDataControllerofthePersonalDataweProcessinprovidingthe Goods to you.
WhereyousupplyPersonalDatatoussowecanprovideGoodstoyou,andwe Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
41. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
42. TheContract(includinganynon-contractualmatters)isgovernedbythelaw of England and Wales.
43. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
44. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 days
At Send a Box Ltd we are completely dedicated to your total satisfaction.
If you have any suggestions or comments regarding our Boxes please email us at email@example.com
Ordering Boxes and payment
You can use our website at www.sendabox.co to place an order for Boxes from us. Simply select the Box that has taken your fancy, click on the 'Add to Cart' button, fill in the details asked, proceed to checkout, and leave the rest to us. We also sell extras that you may want to add into the Box. Go ahead and use the same process to do this.
The order process will give you the chance to review your order before placing it, so you can check that you’re ordering the Boxes you want.
We only sell to the UK at this stage - we can’t accept orders from or deliver to addresses outside the UK.
Boxes and Products
Our website contains pictures of the products in our Boxes. We make every effort to display our products accurately, but bear in mind that the products in your Box may look slightly different when you get them. In particular, the packaging may vary from the pictures on the site.
Our website will allow purchases of extras/ad ons without purchasing a Box. However our policy is to not sell extras or ad ons without purchasing a Box. This is made clear on the website and here in the terms. If you purchase an ad-on/ extra without purchasing a Box you will be refunded at the earliest convenient point.
Changing your order
If you want to change a Box once you have ordered it, please let us know. We will try to accommodate changes if we can, but we may be unable to.
We will let you know if it’s possible to make a change you’ve requested. For some changes, there may be a change to the price and/or delivery time of your Box. We’ll let you know about this and you’ll have the chance to confirm you want to go ahead.
In the unlikely event of supply difficulties, Send a Box Ltd reserve the right to substitute any product with any other type of equal quality and value. We aim to keep the void fill in our boxes the colour that are shown in the photos on our website. However we reserve the right to substitute the colour of the void fill in the unlikely event of supply difficulties.
Changes to products
We may change our Boxes and products to reflect changes in relevant laws and regulatory requirements.
We regularly refresh the products in our Boxes to ensure our customers get the best products we can offer. Check back often to see the latest Boxes!
Delivery of your order
The price of your Box includes second class royal mail postage. Orders placed before 4pm should be dispatched on same day.
You may be able to select alternative delivery options during the order process but this may increase the price of your Box.
During the order process we will let you know when we are aiming to provide you with your Box. We’ll deliver Boxes within 30 days after the day we accept your order. That 30 day promise won’t apply if the delivery of the Boxes is delayed by an event outside of our control, such as delays in the postal network or failure of a courier service. If it looks like your Box is going to be delayed, we’ll do our best to let you know and to minimise the delay.
We cannot deliver to PO boxes or BFPO addresses.
You have legal rights if we deliver your Box late. You can treat our contract as ended if we refuse to deliver your Box and we don’t have a good reason to do so.
You are responsible for the Box once we deliver it to the address you provide us.
Your rights to end our contract
You have a legal right to cancel the contract within 14 days of receiving your Box, except if your Box contains food or other perishable goods.
If you want to cancel the contract, let us know by phone or email (our contact details are on page 1 of these terms). Once we’ve confirmed your cancellation, you can return the Boxes to us. We’ll pay the costs of return where products in the Box were faulty.
You cannot return individual products from a Box: you can only cancel your order for the whole Box and you must return the whole Box.
We will refund you the price you paid for the Box (including delivery) but please note that we may reduce the refund you receive if you have used any of the products in the Box.
We’ll make any refund you are owed within 14 days of us receiving your returned Box. We cannot issue a refund until we have received your returned Box.
Our rights to end the contract
We can end the contract with you if you break it, for example if you:
fail to pay for your Box when payment is due
you don’t allow us to deliver your Box to you despite us making reasonable attempts
you don’t provide us with information necessary for us to provide your Box
If we end the contract, we’ll refund any money you have paid if you have not received your Box but may deduct or charge you an amount as compensation for the costs we will incur because you broke the contract.
Your legal rights
We are under a legal duty to supply Boxes that conform with this contract.
Here is a summary of your key legal rights (these are subject to certain exceptions):
For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Our responsibility for loss or damage suffered by you
We are responsible for the loss or damage you suffer that is a foreseeable result of our breaking this contract or our failure to use reasonable care and skill. Loss is “foreseeable” if it is either obvious it will happen or if, at the time the contract was made, both we and you knew it might happen (e.g. if you discussed it with us during the sales process.
We don’t limit our liability to you where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Boxes as summarised above and for defective products under the Consumer Protection Act 1987.
We only supply these products for domestic use. If you use the Boxes or any products in them for any commercial, business or re-sale purposes we will have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
We sell these Boxes to you. To the fullest extent permitted by law, we will not be liable if you gift the Boxes or any products in them to somebody else.
Your personal information
During the order process, you will be providing us with certain personal informtion such as your name, email address and phone number and address. We may also collect information about you and your computer as you use our website.
We will use this information:
to supply Boxes to you
to process payments
to analyse and improve our website and services
if you agree during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
Other key terms
We can transfer our rights and obligations to another organisation. We will tell you if this happens and it won’t affect your rights under the contract.
You need our consent to transfer your rights under these terms to somebody else.
This contract is between us and you. Nobody apart from us and you has any rights under the contract.
If a court finds part of this contract illegal, the rest of the contract will be unaffected.
If we don’t exercise our rights immediately, we can still do so at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Boxes in the English courts. If you live in Scotland you can use the Scottish courts or the English courts. If you live in Northern Ireland you can use the Northern Irish or the English courts.
Credit Card Security
The information contained in this website is for general information purposes only. The information is provided by Send a Box Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Send a Box Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse/agree with the views expressed by them.
Every effort is made to keep the website up and running smoothly, our website is supported through SquareSpace. However, Send a Box Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Send a Box Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Send a Box Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Send a Box Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Send a Box Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Send a Box Ltd.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law,
regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
9. 10. 11.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Send a Box Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Send a Box Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Send a Box Ltd is under no obligation to update information on the Website.
Whilst Send a Box Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Send a Box Ltd accepts no liability for any disruption or non-availability of the Website.
Send a Box Ltd reserves the right to alter, suspend or discontinue any part (or the whole of ) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
17. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
18.We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19.To the maximum extent permitted by law, Send a Box Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software; c. any special, indirect or consequential loss or damage.
Youmaynottransferanyofyourrightsunderthesetermsandconditionsto any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
Ifanycourtorcompetentauthorityfindsthatanyprovisionoftheseterms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
ThisAgreementshallbegovernedbyandinterpretedaccordingtothelawof England and Wales and all disputes arising under the Agreement (includingnon-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Send a Box Ltd details
27. Send a Box Ltd is a company incorporated in England and Wales with registered number 09702470 whose registered address is Theataccounts Limited The Oakley, , Kidderminster Road, Droitwich, , Worcestershire,, WR9 9AY and it operates the Website www.sendabox.co.
You can contact Send a Box Ltd by email on firstname.lastname@example.org.