Terms of service
OVERVIEW
This website is operated by UNMRKD BEAUTY. Throughout the site, the terms “we”, “us” and “our” refer to UNMRKD BEAUTY. UNMRKD BEAUTY offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Here
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: Here
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Here
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall UNMRKD BEAUTY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless UNMRKD BEAUTY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at beckadakin@icloud.com.
Our contact information is posted below:
The LOA Box
beckadakin@icloud.com
26 Hiltons farm close M34 5JP
07999451957
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
These Terms and Conditions are the standard terms and conditions that apply to the sale of LOA Box by us, The LOA Box, a company registered in England and Wales under number 12563993 26 Hiltons Farm Close, Audenshaw, Manchester, England, M34 5JP (“we/us/our”).
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the LOA Box, as explained in clause 3;
“Customer” means you, the individual placing an Order with us;
“LOA Box” means the goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the LOA Box;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3; and
“Website” means www.theloabox.com
- Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
- Access to and Use of Our Website
- Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
- Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
- Use of our Website is subject to our Website Terms of Use, which are included on our Website. Please ensure that you have read them carefully and that you understand them.
- The Contract
- These Terms and Conditions govern the sale of all LOA Box’s by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
- Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
- No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
- We then send an Order confirmation to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the LOA Box be available as detailed on our Website then you have entered into a legally binding agreement to purchase the LOA Box.
- Once we have received confirmation that the LOA Box are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery.
- Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us. Delivery Confirmations will be provided in writing and will contain the following information:
- Confirmation of the LOA Box ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
- An Order number to be used in any future correspondence
- Our identity and contact details;
- The estimated delivery date(s) and time(s), where applicable.
- It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should you email address be incorrect.
- If we, for any reason, do not accept or cannot fulfil your Order, If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
- Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
- Description and Specification of LOA Box
- We have made every reasonable effort to ensure that the LOA Box conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note in particular, certain colours may look different to the actual colour of the goods inside the LOA Box, when displayed on your computer, phone or tablet.
- We reserve the right to make any changes in the specification of the LOA Box that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
- We neither represent nor warrant that the LOA Box will be available. Stock indications are not provided on our Website. If the LOA Box is not available, the provisions of clause 3.9 will apply.
- The LOA box in no way to be construed as advice, psychological counselling or any type of therapy.
- The LOA box is not guaranteed to produce results, we cannot be held responsible for the quality and/or outcomes of the LOA box and the contents of what we have provided.
- Price and Payment
- The price of the LOA Box will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
- All LOA Box are priced in pounds sterling (£GDP) and exclude delivery charges which will be applied at checkout before you complete your order.
- We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
- If there is an obvious pricing error on our Website, we will be under no obligation to provide the LOA Box to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
- All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
- Delivery charges are not included in the price on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
- From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
- Promotional codes have no monetary value and must not be sold or transferred to anyone else unless otherwise stated.
- Promotional codes cannot be used in conjunction with any other offer, and are for personal use and not for trade.
- All payments made via the Website will go through a secure payment gateway. We accept Visa Credit, Visa Debt, and MasterCard. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Stripe terms and conditions. A separate contractual relationship is created between you and Stripe and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by Stripe.
- Payment (and all applicable delivery charges) shall be made by you in advance at the time of Order.
- We do not accept liability if delivery is delayed because you have provided us with incorrect payment details.
- If it is not possible to obtain payment using the payment details you have provide, your order will be rejected.
- Delivery
- Any purchases will normally be despatched within 5 working days after the date of our Delivery Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 12).
- Orders placed by UK customers will be by Royal Mail– you may be required to sign for the order if you choose the sign for option. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
- It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address
- If no one is available at your delivery address to receive your item and the item cannot be left in a safe place nominated by you, Royal Mail will leave a delivery note explaining how to rearrange delivery or where to collect the package.
- As per Royal Mail’s terms if you do not collect or rearrange delivery within 18 calendar days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the LOA Box. If this happens, you will be refunded the purchase price of the LOA Box themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the LOA Box.
- In the unlikely event that we fail to deliver the LOA Box within 30 calendar days of our Order Confirmation (or as otherwise agreed or specified as under clause 6.1), you may treat the Contract as being at an end immediately if:
- We have refused to deliver; or
- In light of all relevant circumstances, delivery within that time period was essential; or
- You told us when ordering that delivery within that time period was essential.
- If you do not wish to cancel under clause 6.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
- Delivery will be deemed to have taken place when the LOA Box has been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the LOA Box.
- The responsibility (sometimes referred to as the “risk”) remains with us until delivery is complete as defined in clause 6.8, at which point it will pass to you. You own the LOA Box only once we have received payment in full of all sums due (including any applicable delivery charges).
- International Delivery
- We currently only deliver in the UK
- However, if we agree to;
- your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.
- you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before ordering any LOA Box from us.
- you must comply with all applicable laws and regulations of the country that the LOA Box are being delivered to. We will not be liable or responsible if you break any such law
- Faulty, Damaged or Incorrect Goods
- By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen (unless we have made you aware of any differences). If the LOA Box you have purchased does not comply and, for example, is damaged when you receive it, please contact us as soon as reasonably possible to inform us of the fault, damage or error, take a photograph of the damage, send to rebecca@theloabox.com and arrange for the following remedy/remedies:
- Beginning on the day that you receive the LOA Box (and ownership of them) you have a 30 calendar day right to reject the LOA Box and to receive a full refund if they do not conform as stated above. In this case you must return the LOA Box as you found it and we will reimburse Delivery costs should we agree to be at fault.
- If you do not wish to reject the LOA Box, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
- If, after replacement, the LOA Box still does not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the LOA Box at a reduced price, or to reject it in exchange for a refund.
- To return the LOA Box to us for any reason under this clause 8, please contact us to arrange for the return. We will be fully responsible for the costs of returning LOA Box under this clause 8 and will reimburse you where appropriate.
- Refunds under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the LOA Box were originally purchased and will be made using the same payment method that you used when ordering the LOA Box, unless you specifically request that we make a refund using a different method.
- Cancelling and Returning LOA Box if You Change Your Mind
- If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.
- The legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the LOA Box.
- If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience we offer a cancellation form on our Website and will include a link to it with the Order Confirmation. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the contact form available on our Website.
- Please note that you may lose your legal right to cancel under this clause 9 if you have unsealed the LOA Box or any of the items in it after receiving it.
- Please ensure that you return the LOA Box to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 9.
- You may return the LOA Box to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning the LOA Box to us if cancelling under this clause 9. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
- Refunds under this clause 9 will be issued to you within 14 calendar days from:
- the day on which we receive the LOA Box back; or
- if we have not yet provided an Order Confirmation or have not yet dispatched the LOA Box, the day on which you inform us that you wish to cancel the Contract.
- Refunds may be reduced for any diminished value in the LOA Box resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the LOA Box and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the LOA Box have been handled excessively.
- Refunds under this clause 9 will be made using the same payment method that you used when ordering the LOA Box.
- Cancellations by Us
- We may cancel your Order at any time before we despatch the LOA Box to you, if the LOA Box is no longer in stock and we are unable to re-stock for a period of 14 days; or If an event outside of our control occurs (please see clause 12 for events outside of our control).
- If we cancel your Order and you have already paid under clause 5, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
- Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
- We provide advice and guidance on our Website and in our literature available on the Website. Nothing in this information is intended to provide medical or psychological advice. It is intended for informational purposes only and is not a substitute for professional advice, diagnosis or treatment.
- Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
- Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, infectious diseases, epidemic or other natural disaster, or any other event that is beyond our control.
- Communication, Complaints and Feedback
- If you wish to contact us in writing, please use the contact form on our Website or email rebecca@theloabox.com.
- We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
- How We Use Your Personal Information (Data Protection)
- All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and General Data Protection Regulations and your rights under that Act.
- We may use your personal information to provide our LOA Box and services to you, process your payment for the LOA Box, send our newsletter to you; and/or inform you of new LOA Box available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
- Further information about our use of your personal information is available in our Privacy Policy, which is included on our Website.
- Other Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
- The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.
