[et_pb_section fb_built=”1″ fullwidth=”on” _builder_version=”3.0.63″ custom_padding=”30px|0px|0px|0px”][et_pb_fullwidth_code module_class=”or-divider” _builder_version=”3.0.78″ custom_css_main_element=”display: flex;|| flex-direction: column;|| justify-content: space-around;|| align-items: stretch;||display: flex;|| flex-direction: row;|| justify-content: center;|| align-items: center;||font-style:italic;|| font-family: %22montserrat%22;|| font-size: 3vw;||font-weight:bold;||color:#000;|| margin: 0 1em;”]OUR TERMS[/et_pb_fullwidth_code][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.0.47″][et_pb_row _builder_version=”3.0.47″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.0.47″ parallax=”off” parallax_method=”on”][et_pb_text _builder_version=”3.2.2″ text_font=”Roboto||||” text_font_size=”11″]
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us at firstname.lastname@example.org to discuss this.
2. COMPANY DETAILS
2.1 Who are we. We are Boostbox, the trading name of the Boostbox business which operates under a company limited by shares registered in England, Boostbox Holdings Limited (company number 10692905). Boostbox’s registered office address is at 41 Hinton Road, London SE24 0HR.
3. CUSTOMER SUPPORT
3.1 How to contact us. We want your Boostbox experience to be long and trouble-free. With that said, if we’ve got something wrong, or you have any feedback, questions or worries, please let us know by writing to us at email@example.com or Boostbox, 41 Hinton Road, London SE24 0HR, and we’ll get back to you as quickly as possible.
3.2 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order when you created an account, or by messaging you on the mobile number you provided to us in your order or when you created an account.
3.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this is intended to include where we communicate to you via emails.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you the products you have ordered that we are unable to provide. This could be due to circumstances including but not limited to because: the product is out of stock, of unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description of the product, or we have been unable to successfully take your payment of the product.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 Location. Our website takes orders only from those countries that we have listed as options for delivery at checkout.
4.5 You must be over 18. In order to use our website and purchase or use any of our products you confirm that you are over the age of 18 years old or acting under the supervision of a parent or guardian.
5. OUR PRODUCTS
5.1 Products may vary slightly from their images. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display products accurately, we cannot guarantee that a device’s display of the products will accurately reflect the true nature of the products. Your product may therefore vary slightly from the images on our website and other media platforms.
5.2 Product packaging may vary. The packaging of products may vary from that shown in images on our website and other media platforms.
5.3 Products supplied may vary from those shown in images. The products supplied may vary from those displayed on indicative product images on our website and other media platforms, for reasons including but not limited to shortage of stock. Notwithstanding the foregoing we will use our reasonable efforts to supply products in line with the indicative product images on our website and other media platforms.
5.4 Allergies. It is the sole responsibility of you to check carefully the ingredients contained within any and all products provided as part of or in connection with the products supplied by us. We, our brand partners, product suppliers, or any party connected with the curation, manufacture, supply and delivery of our products shall not be held responsible for any harm suffered as a result of any allergy, intolerance or special dietary requirement held by you, or any other party that you allow to come into contact with the products so supplied to you as a result of such allergic reaction and / or intolerance to any ingredient contained within a product supplied by us where, upon reasonable inquiry having been made, it would have been obvious that such a risk would, or would be likely, to exist.
6. PAYMENT AND CANCELLATION
6.1 If you wish to make a change to the products you have ordered please contact us at firstname.lastname@example.org. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).
6.2 Our subscription plan products are billed in the following ways. For monthly recurring plans: for the first month you will be billed on the day which the subscription is entered into; for further months you will be billed on the last day of the month following the month that you first enter into your subscription (“Payment Date”). Where such day falls on a weekend or bank holiday, you may be billed on the first working date immediately preceding the last day of the month. For three (3), six (6), or twelve (12) months plans you will be billed on the day which the subscription is entered into; you will not be billed anything after that and your plan will not auto-renew. On expiry of your plan you will be contacted separately and asked if you wish to purchase a further plan. You must give at least two (2) working days’ notice prior to the Payment Date in order to successfully pause, cancel, or amend your subscription plan for the following month (the “Amendment Notice”). Failure to give the Amendment Notice will result in you receiving the next month’s subscription. As a result, you will then have your subscription plan paused, cancelled or amended for any future months. Termination of subscription plans will not entitle you to a pro-rated refund for those months that you do not receive boxes in respect of.
6.3 The monthly recurring subscription plan works on a rolling basis, whereby unless you cancel your subscription plan in accordance with clause 6.2 above, you will automatically have your subscription plan renewed for the period for which you are currently subscribed. As stated in clause 6.2 above, provided you give the Amendment Notice during the final month of your current subscription plan, you will be able to amend your subscription plan (or pause or cancel, as applicable).
7. PROVISION OF THE PRODUCTS
7.1 Delivery. Unless otherwise stated on our website or when you place your order, or in correspondence with you regarding your order, we will use our reasonable efforts to fulfil deliveries within one (1) week of your payment (for individual orders) or latest payment (for subscription plans), as applicable. During holiday periods, the length of time required in order to satisfy deliveries may be extended without notice, provided however that we shall use our best efforts to deliver the products as soon as reasonably practicable. This approximation of one (1) week is not in respect of any subscription based products which shall have a regular monthly delivery dispatch window that may be amended by us and communicated to you from time to time. It is expected that such date shall always be between the 3rd and 10th of each month.
7.2 Delivery costs. For delivery to UK addresses, the cost of delivery will be zero unless specifically stated otherwise on our website. For delivery to addresses other than the UK, the cost of delivery will be specified on our website or when you place your order unless specifically stated otherwise on our website.
7.3 When we will provide the products. During the order process, we will let you know when we will provide the products to you.
7.4 We are not responsible for delays outside of our control. If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know. Where this happens, we will take reasonable steps to help minimise the effect of the delay. Provided that we do take reasonable steps, we shall not be held liable for any such delays, provided however that you shall be permitted to terminate your contract for any products in accordance with clause 10. In addition, where we anticipate that the delay is likely to be greater than 14 days, we shall contact you to inform you of the same asking you to decide whether you would like to i) continue to wait for the products, or ii) receive a refund for any products that you have paid for but not yet received.
7.5 If you are not at home when the products are delivered. If no one is available at your selected delivery address to take delivery and the products cannot be posted through your letterbox, the delivery courier will use a suitable method in order to ensure that you receive your products which may include leaving you a note informing you of how to rearrange a delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not re-arrange delivery or collect them from a delivery depot as instructed then we will contact you for further instructions and may charge you for storage costs and any further delivery costs in respect of attempting to re-deliver the products. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, then we may end our contract with you pursuant to clause 10.1 and clause 12.2 will apply.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay reasonable costs of postage, provided however that you must first contact us to request a return label before you seek to arrange postage on your own accord. Please email us at email@example.com to request a return label.
7.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.11 When you own goods. You own the products purchased by you once we have received payment in full in respect of such products.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery information. If so, this will have been stated in the description of the products on our website. Where necessary, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it, or where you have provided incorrect or insufficient information including but not limited to erroneous delivery address information.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
7.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days we will adjust the price so that you do not pay for the products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case with a period of suspension of not less than 14 days and we will refund any sums you have paid in advance for such products in respect of any period falling after you end the contract.
7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.5). We will not charge you for the products during the period for which they are suspended.
8. REFERRAL SCHEME
8.1 When you create an account on our website you will automatically be entered into our Referral Scheme (defined below). Under the Referral Scheme we will provide you with a unique link to our website. You can share your unique link for others to use it to get to our website and purchase our products. For each person that purchases a product from our website using your unique link you will be rewarded with an amount to be specified by us to you either on the Referral Scheme section of our website at https://www.getboostbox.co.uk/free-stuff/, or in email correspondence from us to you (the “Referral Rewards”).
8.2 You will only earn Referral Rewards under the Referral Scheme in respect of sales that you have directed towards our website using your unique link once such sales have been paid for in full.
8.3 The Referral Rewards earned by you under the Referral Scheme will only be applied to your account on a per month basis in the month following the month in which you have directed customers to our website that have the purchased products. Where such sales are cancelled by customers pursuant to clauses 10.3 and 10.4 we reserve the right to deduct the amounts earned by you in respect of such sales from any Referral Rewards not yet paid to you under the Referral Scheme.
8.4 You must have an active account with us to qualify for, and participate in, the Referral Scheme.
8.5 We reserve our right to cancel the Referral Scheme at any time in our sole discretion for reasons including but not limited to misuse of the service or suspected fraud or misrepresentation by any user of the scheme.
8.6 By participating in the Referral Scheme, you confirm and agree that you will be liable to pay any tax owed to any relevant tax authorities in respect of any Referral Rewards received by you. You also confirm and agree that we shall not be liable in respect of any tax liabilities that you accrue in respect of any Referral Rewards paid to you.
8.7 At any time, you may specify to us that you do not wish to receive any or all of any Referral Rewards.
All of the above together being the “Referral Scheme”.
9. PROMOTIONS / COMPETITIONS
9.1 Any and all promotional offers, discount codes, competitions, prize giveaways, and other such promotional material or communications expounded by Boostbox, are offered at the sole discretion of Boostbox and may be withdrawn or have the terms as they relate to such amended without notice.
9.2 All vouchers, discount codes, promotions, and offers are, unless otherwise stated, intended for single use only and cannot be used in conjunction with any other similar promotional code. None of the foregoing shall have any monetary value and cannot be exchanged for cash.
10. YOUR TERMINATION RIGHTS
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
(a) if what you have bought is faulty or mis-described you may have a legal right to end the contract, or to get the product repaired or replaced, or to get some or all of your money back), see clause 13;
(b) if you want to end the contract because of something we have done or have told you we are going to do (see clause 10.2);
(c) if you have just changed your mind about the product (see clauses 10.3 and 10.4). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods; or
(d) in all other cases, ie. if we are not at fault and there is no right to change your mind (see clause 10.7).
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below in these terms.
10.4 Our goodwill guarantee. Please note that these terms reflect the goodwill guarantee offered by Boostbox to its customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 13.2):
Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
14 day period to change your mind 21 day period to change your mind
10.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any products which become mixed inseparably with other items after their delivery;
(b) digital products after you have started to download or stream these;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) sealed audio or sealed video recordings, once these products are unsealed after you receive them.
10.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods? If so, you have 21 days after the day you (or someone you nominate) receives the goods, unless your goods are for regular delivery over a set period. In this case you have until 21 days after the day you (or someone you nominate) receives the first delivery of the goods.
(b) Have you bought digital content for download or streaming? If so, you have 21 days after the day we email you to confirm we accept your order. Where however you start to download or stream such digital content immediately then you will not have a right to change your mind.
10.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) an amount equal to the net costs we will incur as a result of your ending the contract. Additionally, where you have benefitted from savings as a result of subscribing for a longer-term subscription plan, we may also deduct from any sums paid by you for products not provided (or, if you have not made an advance payment, charge you) an amount equal to such savings, eg. if you have benefitted from a 10% reduction as part of subscribing to a 3-month subscription plan and the contract has been ended before the expiry of the 3-month period, then you will be required to give back an amount equal to that 10% discount received in respect of each product you have received.
11. HOW TO TERMINATE
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at firstname.lastname@example.org making sure you include your name, delivery / billing addresses, and email address.
(b) Online. On the My Account section of our website you can cancel or pause your subscription plan, or cancel other orders.
11.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must contact us to request the address to have such products returne to. If you are ending the contract for one of the reasons listed in clause 11.3(a)-(c) please email us at email@example.com for a return label. If you are ending the contract for any other reason, then you will be required to pay for the costs of return. In all circumstances where you are exercising your right to end the contract you must send us the goods as soon as reasonably practicable and in any event within 14 days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind pursuant to clauses 10.3 and 10.4.
In all other circumstances, you must pay the costs of return.
11.4 How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below in clause 11.5.
11.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods.
(b) Where applicable, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within three (3) days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.6 When your refund will be made. We will make any refunds due to you as soon as reasonably practicable. If you are exercising your right to change your mind then:
(a) If the products are goods your refund will be made within 14 days from the day on which we receive the products back from you. For information about how to return a product to us, see clause 11.2.
(b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
12. OUR TERMINATION RIGHTS
12.1 We may end the contract if you break it. We may end our contract with you at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with the information that is necessary in order for us to be able to provide products to you; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them as instructed.
12.2 You must compensate us if you break the contract. If we end the contract due to any of the circumstances as set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct from such refund (or, if you have not made an advance payment, charge you) an amount equal to the net costs we will incur as a result of your ending the contract. Where you have benefitted from savings as a result of subscribing for a longer-term subscription plan, we may also deduct from any sums paid by you for products not provided (or, if you have not made an advance payment, charge you) an amount equal to such savings, eg. if you have benefitted from a 10% discount as part of subscribing to a 3-month plan and the contract has been ended before the expiry of the 3-month period, then you will be required to give back an amount equal to that 10% discount received in respect of each product you have received. For the avoidance of doubt, the percentages used in this clause are for illustrative purposes only to explain how the clause operates.
12.3 We may withdraw our products. We may write to you to let you know that we are going to stop providing any or all of our products. We will let you know at least 14 days in advance of our stopping such supply and will refund to you any sums you have paid in advance for products which will not be provided.
13. If there is a problem with our products
13.1 How to tell us about problems. If you have any questions or complaints about our products, please contact us at firstname.lastname@example.org.
13.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This 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.
If your product is goods, then the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 10.3.
If your product is digital content, then the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you’re entitled to a repair or a replacement.
· if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
· if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 10.3.
If your product is services, then the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also ‘Exercising your right to change your mind’ (Consumer Contracts Regulations 2013).
13.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products pursuant to this clause 13 you must return the rejected products to us. We will pay reasonable costs of postage, provided however that you must first contact us to request a return label before you seek to arrange postage of your own accord. Please email us at email@example.com to request a return label.
14. PRICE AND PAYMENT
14.1 Where to find the price for our products. The price of our products (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our reasonable efforts to ensure that the price of our products advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the products you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply our products, we reserve the right to adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we get the price wrong. It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards (via Stripe), via PayPal, or with ApplePay. You must pay for any products whether goods, digital content, or services that we provide to you, prior to you being entitled to receive any of the foregoing.
14.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly at firstname.lastname@example.org to let us know.
15. Gift cards. Gift cards: can only be redeemed online at www.getboostbox.co.uk, have no monetary value and cannot be exchanged for cash, are non-refundable, and unless otherwise stated, will expire 12 months after purchase.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, eg. if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 13.2 and for defective products under the Consumer Protection Act 1987.
16.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or any other loss associated with such commercial, business or re-sale purpose.
17.2 What personal information do we collect about you. If you subscribe to our mailing lists or purchase products / services from us, then we may collect and use personal data about you such as:
(b) email address;
(c) billing and delivery address;
(d) phone number;
(e) date of birth; and
(f) Facebook account.
17.3 How we will use your personal information. We will use the personal information you provide to us in our legitimate interests, for the following purposes:
(a) to supply products / services to you;
(b) to process your payment for the products / services;
(c) give you commercial and marketing information about the products / services purchased by you, but you may elect to stop receiving this at any time by contacting us advising us of the same;
(d) give you commercial and marketing information about similar products, digital content and / or services that we provide, but you may elect to stop receiving this at any time by contacting us advising us of the same; and
(e) give you commercial and marketing information about other products, digital content and / or services that any of our directors, members or affiliates provide, whether through the trading business of Boostbox or not.
17.4 Third party access to your personal data. We will only give your personal information to third parties where the law either requires or allows us to do so, or where we have obtained your written consent. We may share your personal information with certain third parties such as: delivery service providers; persons in connection with payment processing; IT and technical support providers; statutory bodies, law enforcement agencies, governmental bodies and litigants, as per a legal reporting requirement or claim. Additionally, if a third party acquires all (or substantially all) of Boostbox’s business and / or assets, Boostbox may disclose your personal information to that third party in connection with the acquisition.
17.6 Facebook. Where you have created an account using the Facebook login, you consent to us using your information provided on Facebook for the purposes listed in clause 17.1.
17.7 Testimonials. We shall be entitled to re-post, publish, or otherwise use, in any communications (including testimonials) on our website or other social media platforms, any comments made by you on any of our posts on our website or social media platforms affiliated to us. Such comments will be used in an non-identifiable form so as to protect your personal information.
17.8 How we store your data. Boostbox will store your personal data for as long as it is necessary in order to satisfy legal or contractual obligations, or in order to establish, exercise or defend legal claims. When your personal information is no longer necessary for these purposes, the personal information will be securely deleted. This may mean that your personal data is stored by Boostbox for a number of years, depending on the purpose and need for that data to be processed. For more information about our retention periods for personal data, please contact us at email@example.com.
17.9 Access and correction of your data. You may contact Boostbox at firstname.lastname@example.org at any time to request access to the personal information we hold about you (for which we may charge a small fee), to correct any mistakes or to request deletion of the same or withdraw your consent to certain types of processing of your personal information. If such a request places Boostbox in breach of its obligations under applicable laws, regulations or codes of practice, then we may not be able to comply with your request but you may still be able to request that we block the use of your personal information for further processing. You may also have a right to data portability to another data controller under certain circumstances. If our processing of your personal data is covered by EU law you may also lodge a complaint with the corresponding data protection supervisory authority in your country of residence. You can find the relevant supervisory authority name and contact details under http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
18. Opting out of further communications from us. If you have elected to receive information about our products or services and wish to opt-out of receiving such information, then you can do so by sending an email to email@example.com.
19. OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. At our sole discretion, we may transfer our rights and obligations under these terms in whole or in part to another. Where this happens, we will ensure that the transfer will not affect your rights under this contract.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we give our prior written agreement to the same.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the provisions of these terms operates separately. If any court or relevant competent authority decides that any of them are unlawful, such provisions shall be amended by the minimum amount necessary to make them lawful (or deemed deleted from these terms if this is not possible), so that the remaining provisions will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. Similarly, the partial exercise by us of any of our rights under these terms shall not constitute a waiver of the remainder of any other rights that we have.
19.6 Which laws apply to this contract and where you may bring legal proceedings. To the extent that any dispute arises between us and you, such disputes shall be resolved according the laws of England and Wales, with England and Wales having exclusive jurisdiction of resolving any such dispute.
Last updated: June 2018
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