Terms of Sale
Please read these terms of sale carefully. They contain legally binding obligations that will apply to any contract you enter into with us.
We recommend that you print and retain a copy of these terms and your order for future reference.
1. About Us
This website (https://www.theathomeboxcompany.com) (Site) is owned and operated by The At Home Box Company Limited (“Us”, “We”). We are a UK company (registered number company number 09229237) with our registered office and trading address at 11 Waltham Glen, Chelmsford, CM2 9EL. Our email address is firstname.lastname@example.org.
2. About You
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party. If you are an individual, you represent and confirm that you are at least 18 years of age and that you will use our Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by manufacturers. If you are placing an order on behalf of any other person, company, partnership or other entity, you represent and warrant that you have authority to do so on their behalf.
3. Your Account
3.1 You are responsible for setting up your account with us (Account). You will ensure that all information provided by you is true, accurate, up to date and not misleading in any respect and you will keep your Account information updated on an ongoing basis.
3.2 You will keep all Account information, including username(s) and passwords(s), (Account Details) secure and strictly confidential and will employ reasonable security processes in your use of our Site. You will be liable for all activities and/or transactions carried out using your Account Details, whether authorised by you or not, including any related charges or expenses. Your account is for your use only and you will not authorise or permit anyone else to use your account and you may not transfer or assign it to anyone else. You agree to notify us immediately if you become aware of any unauthorised use of your account and you undertake to keep your Account Details, including your profile and payments, updated at all times. You agree that we are not responsible for any errors or failures in payment arising from incorrect payment or bank details provided by you.
4. Contract Formation
4.2 Where you purchase as a consumer (i.e. for your own personal use and not for resale or other use in the course of business) (‘Consumer’), your consumer rights are not affected.
4.3 Any order placed by you constitutes only an offer by you to buy the Subscriptions or Products you have selected. Placing an order carries with it an obligation for you to pay but places no obligation on us to accept that order. When we receive your order, we will confirm receipt by email and/or confirm the details of your order, including the applicable charges but that email only confirms the details of your order and the fact that your order has been received. It does not comprise acceptance of your order.
4.4 A contract between you and us (‘Contract’) will only be formed if/when we (i) expressly accept your order in writing (including by email) or (ii) despatch Products in fulfilment of your order. Each Contract relates to the Products or Subscriptions we accept by those means (Acceptance). We will be under no obligation to supply anything until we have confirmed Acceptance of your order. All orders are subject to Acceptance or rejection by us in our absolute discretion. In the event we are unable to accept your order, we will endeavour to notify you as soon as possible.
5. Product image, description and price
5.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Products and packaging may vary slightly from those shown on our Site. We have taken reasonable care to describe all Products accurately but, despite this, it is possible that errors or mis-descriptions may occur.
5.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Our prices include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time.
5.3 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures, so that where a Product’s correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our Site, we will either contact you for instructions before despatching the Product or notify you of rejection of your order.
5.4 We are under no obligation to provide the Product(s) to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.
6.1 Subscriptions are available on a 1, 3, 6 and 12 month basis. You will select your chosen subscription term (Term) when placing your order. In doing so, you agree and accept that the following conditions apply to your Subscription:-
(a) The Subscription is a commitment for the entire Term;
(b) All payments are due in full upon placement of your order;
(c) All Subscriptions, aside from gift Subscriptions, will automatically renew for a period equivalent to your chosen Term unless they are terminated by you by email (to email@example.com) upon not less than 14 days.
(d) Where you properly serve notice under (c) above, the earliest the notice will take effect is at the end of your current Term [i.e. you cannot cancel earlier than the end of the Term you are currently in];
(e) The exception to the above is the limited consumer right of cancellation set out under clause 11 below.
(f) If you cancel your Subscription, you will have no entitlement to a refund unless (i) it is justified owing to our breach of these Terms of Sale, or (ii) you are entitled to a refund owing to your exercise of your consumer rights as set out under clause 11 below.
6.2 We reserve the right to cancel your Subscription at any time if you breach any these Terms of Sale (including any terms referred to or incorporated herein).
7.1 Payment for all Products must be made via the payment methods indicated on our Site (currently, credit card, debit card or PayPal) (Payment Methods). You are responsible for ensuring the accuracy of all information provided regarding payment. Incorrect information may cause a delay in processing your order.
7.2 Please note that we cannot accept payment for website orders over the phone. In order to maintain a high level of security we ask that you process your payment via the Payment Methods during the checkout process. We do not accept cheques as payment for online orders.
7.3 We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds.
8.1 We endeavour to ensure the availability of the Products shown on our Site (unless shown as ‘not in stock’) but we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
(a) to offer you an equivalent or alternative Product(s), which you may decide to accept or reject;
(b) to notify you of the date we expect to have the Products in stock; or
(c) to notify you that we are unable to fulfil your order.
8.2 If you reject our offer of an alternative Product or in-stock dates or we are unable to fulfil the order we shall have no further liability to you, save that we will refund payments already taken from you for the relevant Product(s).
9.1 Your order will be fulfilled without undue delay and by any delivery date confirmed by us or, if no delivery date is specified, then within 30 days of our Acceptance of your order. Delivery will be made to the delivery address specified in your order.
9.2 If delivery is delayed we shall inform you but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
9.3 Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”.
9.4 We deliver on a worldwide basis. However there are restrictions on some Products for certain countries. If restrictions apply, you will be notified.
9.5 If you order Products for certain international destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.6 You must comply with all applicable laws and regulations of the country for which the Products are destined.
10. Risk and title
The Products will be at your risk from the time you (or anyone nominated by you) receive(s) the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.
11. Consumers – Right of Cancellation
11.1 Save where any of the exceptions set out in clause 12 apply, Consumers have a legal right to cancel a Contract during the periods set out in clause 11.2 below, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations”). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract.
11.2 The Regulations give you the right to cancel your Contract within 14 days without giving any reason. Your right to cancel starts from the date of Acceptance of your order and it expires as follows:-
(a) For Subscriptions – the cancellation period expires after 14 days from the day you (or anyone nominated by you) receives your first monthly delivery under your Subscription. For these purposes, each monthly delivery represents a single order which is part of an agreed regular delivery of Products over the term of your Subscription. So, you can only cancel your Subscription and receive a refund if you do so within 14 days of receipt of your first delivery of Products. Otherwise, you have no such right of cancellation under the Regulations; and
(b) For Products not forming part of a Subscription – the cancellation period expires after 14 days from the day you (or anyone nominated by you) receive(s) the Products. However, if your Contract is for the sale of multiple Products with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Products.
11.3 To exercise the right to cancel, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete our standard cancellation form, available here. If you use this option, we will email you an acknowledgement of receipt of your cancellation.
11.4 Alternatively, you can e-mail us at firstname.lastname@example.org or by post to 2 Water Court, Water Street, Birmingham, B3 1HP. If you e-mail us or write to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
11.5 Should you cancel within the above period, you will receive a refund of the price paid for the Products in accordance with clause 12 below, provided that you comply with any applicable terms.
12. Exceptions to the right of cancellation
12.1 The right of cancellation does not apply where:-
(a) the Products have been made to your specification(s) or have been personalized for you;
(b) the Products are of a kind which may quickly deteriorate or expire;
(c) the Products are not suitable for return for hygiene, medical or health reasons, including where the Products have been unsealed by you or have been mixed with other goods or items;
(d) the Products comprise sealed audio or video recordings or software which has been unsealed by you;
(e) the delivery of newspapers, journals or magazines not supplied as part of subscription.
13. Consumer returns and refunds
13.1 If you act as a Consumer and exercise the right of cancellation described in clause 11 above we will:
(a) refund you the price you paid for the applicable Product(s) or Subscription, subject (where applicable) to a reduction to reflect any diminution in the value of any Products if this has been caused by you handling them in a way which would not be permitted in a shop. See our Returns Page for information and guidance regarding returns, packaging and handling of Products;
(b) refund any delivery costs you have paid.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product(s), 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us; or
(ii) if you have not received the Product(s), 14 days after you inform us of your decision to cancel the Contract.
13.2 If you exercise your rights of cancellation but have received Product(s) in connection with the Contract, you:
(a) shall send back the Products, or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us;
(b) will have to bear the direct cost of returning the Products. If the Products cannot normally be sent by post, you will have to bear the direct cost of returning the Products, which we estimate will not exceed the costs we charged you for delivery; and
(c) must take reasonable care of the Products whilst they are in your possession. You are liable for any diminished value of the Products resulting from the handling of the Products other than as required to establish the nature, characteristics and functioning of the Products.
All refunds will be processed via the Payment Methods unless otherwise agreed in writing.
13.3 When you return a Product to us for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of any agreed refund (if any) via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect. You agree to return all Products at your cost and to ensure all returned Products are shipped with a tracking number, to ensure accurate processing.
13.4 When making any return(s) to us, you agree to comply with any returns process notified by us. [INSERT LINK TO YOUR RETURNS PROCESS].
13.5 We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed. You will not incur any fees as a result of the reimbursement but we may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of handling of the Products other than as required to establish their nature, characteristics and function.
13.6 Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.
14. Our liability
14.1 We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that consumer sales in the UK are subject to governance by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute, and subject to codes of conduct, further details of which can be found at http://www.tradingstandards.gov.uk/advice/.
14.2 Nothing in these terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, (d) under section 12 of the Sale of Goods Act 1979, or (e) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
14.3 We supply the Products for domestic and private use only. You agree not to use the Products for any commercial, business or resale purposes, and consequently we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
14.5 You agree that we shall have no liability in respect of any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the Products in accordance with the applicable instructions or guidance; or
(d) any alteration or repair by you or by a third party not authorised by us.
14.6 Subject to clauses 13.2 to 13.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).
15. Data protection & security checks
15.2 By placing an order, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to the authentication of your identity or the authorisation of transactions.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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 that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be sent by email to email@example.com. Failing that, they may be sent to: The At Home Box Company Limited (“Us”, “We”) 2 Water Court, Water Street, Birmingham, B3 1HP. We may give notice to you at either the e-mail or postal address you provide to us when submitting your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
23. Our right to vary these Terms
23.1 We have the right to revise and amend these Terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
23.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before Acceptance (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Third parties
Each Contract is between you and us only. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
25. Law and jurisdiction
These Terms and/or any Contract(s) for the purchase of Products and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the same will be governed by and construed in accordance with English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.