Legal « Boxfresh

Legal

Legal
Website Terms & Conditions
Welcome to our Website! There are a few rules that our visitors must follow when using our site, so we ask all our visitors to read our Terms and Conditions of Use (the “Terms and Conditions”) carefully.

This Website is brought to you by Boxfresh International Ltd, and all rights, including copyright, in the content of these Boxfresh.com web pages are owned or controlled by Boxfresh International Ltd.

If you have any comments or queries relating to this Website, please contact us via email at info@boxfresh.co.uk or by post at: Boxfresh International, 27 Charlotte Road, London, EC2A 3PB.

1. What do I agree to by entering the Website?

You (”the User”) are invited to use www.boxfresh.com and www.boxfresh.co.uk (the “Website”) on the basis of the terms and conditions of use set out below.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

Boxfresh may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

2. The Features

The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).

3. Conditions of Using Features on the Website

You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

a) Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;

b) Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party

c) If you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible;

d) That all Features will be used entirely at your own risk and Boxfresh accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

If Boxfresh is informed or has any reason to believe that any of the Features on our Website are being used by a User other than in accordance with these Terms and Conditions, Boxfresh reserves the right to suspend or permanently prevent access by the User to the Features and shall have no liability to the User whatsoever in such event.

4. Sending Us Information

We are happy to receive from you any ideas, suggestions, graphics, pictures or anything else, but do please remember that, by sending us such material, you assign all your interest in it to Boxfresh (and any of its subsidiaries or associated companies), and depending on which law applies, Boxfresh (and any of its subsidiaries or associated companies)will either own the material you send to us on this site or you will be deemed to have granted Boxfresh (and any of its subsidiaries or associated companies) a non-exclusive and perpetual licence to use it.

That means that all stories, comments, suggestions, ideas, graphics or other information sent to us are automatically deemed to be either the property of Boxfresh (and any of its subsidiaries or associated companies), or can be used by it as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your submission for any purpose.

So remember don’t send us your material if you don’t want us to use it or the world to know it.

5. Privacy Policy

Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

6. Website Content – Accuracy and Permitted Use

Boxfresh makes every effort to ensure that the content of the Website is accurate and up-to-date, but Boxfresh does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

Boxfresh may remove material or Features, from the Website at its own discretion and without any notice.

You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Boxfresh.

This Website is intended to provide amongst other things, information relating to Boxfresh products and is designed for personal, non-commercial use only.

Users may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to ebay or any other auction site advertising or to promote or encourage traffic to any other website.

7. Intellectual Property Rights

You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (”Intellectual Property Rights”), shall remain at all times vested in Boxfresh and that these are protected by copyright and other laws and international treaty provisions.

Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Boxfresh to do so.

All trade marks appearing on the Website are used by Boxfresh with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

8. Limitation of Liability

The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

While Boxfresh takes all reasonable steps to ensure that the Website is properly functioning at all times, Boxfresh does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

Boxfresh has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Boxfresh shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

Boxfresh does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions, you accept that Boxfresh cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

9. Governing Law

These terms and your use of this Website shall be governed by and construed in accordance with English Law.

By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

This Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

Terms & Conditions of Sale
Welcome to our website. Boxfresh and its affiliates provide access to the www.boxfresh.com and www.boxfresh.co.uk website (the “Website”) and sell our products to you subject to the conditions set out on this page.

Please carefully read these conditions before using the Website. By using the Website, you agree to be bound by these terms and conditions.

1. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.

Boxfresh only sells products to individuals, who can purchase with a credit card/debit card. If you are under 16, you may use boxfresh.com only with the involvement of a parent or guardian.

Boxfresh reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy
Please review our Privacy Notice, which also governs your visit to the Website, to understand how we use your information.

3. Access to the Website
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for Website access
Boxfresh grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Boxfresh. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use similar techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boxfresh. You may not use any meta tags or any other ‘hidden text’ utilising Boxfresh’s company names, product names or trade marks. Any unauthorised use terminates the permission or license granted by Boxfresh.

You may not use any logo or trade mark which is featured on the Website or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You must not use the Website:

▪ for fraudulent purposes, or in connection with a criminal offence       or other unlawful activity
▪ to send, use or reuse any material that is illegal, offensive,
    abusive, indecent, defamatory, obscene or menacing; or in
    breach of copyright, trade mark, confidence, privacy or any other
    right; or is otherwise injurious to third parties; or objectionable; or
    which consists of, or contains, software viruses, political
    campaigning, commercial solicitation, chain letters, mass
    mailings or any ’spam’
▪ to cause annoyance, inconvenience or needless anxiety.

6. Copyright, legal statement and database rights
All content and compilation of such content included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Boxfresh International Limited. or its content suppliers and is protected by UK, European and international copyright and database right laws.

All software used on this Website is the property of [Boxfresh International Limited.], or our software suppliers and is protected by UK, European and international copyright laws.

You may not extract and/or re-utilise parts of the contents of the Website without Boxfresh’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this Website.

Please also refer to our Legal Statement below.

7. Legal Statement
boxfresh.com and boxfresh.co.uk are the registered domain names of Pentland Brands Limited;
BOXFRESH, the BOXFRESH Logo and the Blocks Device are the registered trademarks of Boxfresh Global Limited. and
PENTLAND is the registered trade mark of Pentland Industries Limited

8. Our contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we ship that product to you and is confirmed by an email we send to you confirming that we have shipped (the ‘Shipping Confirmation E-mail’) (all orders will be shipped by post (UK) or parcel delivery service (overseas). That acceptance will be complete at the time we send the Shipping Confirmation Email to you. Any products on the same order which we have not confirmed in a Shipping Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with Pentland Brands Limited when you place an order. Boxfresh will retain the title in the products until full payment has been made by you and has been received by Boxfresh.

9. Deliveries
We will endeavour to deliver all products you have ordered within the time period specified on your Shipping Confirmation Email.

All products purchased from the Website are made pursuant to a shipment contract. Which means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received confirmation of shipping but your products have not arrived, please ensure that you have allowed sufficient time according to the estimated delivery times provided to you on your Shipping Confirmation Email. Except in relation to Special Orders, unless you have opted for express delivery of your order in which case your products should arrive within three (3) days, your Boxfresh order should arrive within seven (7) days of receipt of your Shipping Confirmation Email. However please allow up to twenty eight (28) days for delivery, subject to bank holidays. Please note that Special Orders may be subject to different delivery dates- please check with boxfresh.com when you make your order for Special Products.

If after this time your products have still not arrived, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.

10. Returns Policy
You may return new, unworn or unused products within fourteen (14) days of delivery for a full refund as outlined in our Returns Policy. Items should be returned in their original packaging and where relevant, with their original hygiene slips in place. Boxfresh will only pay the return shipping costs if the return is a result of our error. However, in the interests of hygiene, we regret that Boxfresh will not accept refunds for unwanted underwear and cosmetic products.
Boxfresh reserves the right to reject the returns of goods which are not returned in accordance with our Returns Policy and we may request that you pay for the shipping of such goods back to you.

If you wish to return products you have ordered your please telephone the Customer Service team on the number(s) stated on the Website, a member of the Customer Service team will then advise you how to the return of the products. If the returned goods comply with our returns policy We will refund the relevant part of the purchase price for that order as soon as possible and in any case within 30 days after we receive your returned products. Our returns policy does not affect your statutory rights.

11. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing.

We aim to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

12. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated despatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order end up being unavailable.

Despite our best efforts, a small number of the products in our catalogue may be mis-priced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
Please note that Boxfresh does not guarantee the availability of any Special Products at any time.

13. Customs
When ordering products from Boxfresh for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from Boxfresh, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

14. Disclaimer and limitation of liability
This Website is provided by Boxfresh “as is” and “as available” Boxfresh makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. it is expressly agreed by you that your use of this Website is at your sole risk.
Boxfresh disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Boxfresh does not warrant that this Website, its servers, or e-mail sent from the Website are free of viruses or other harmful components. Boxfresh will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

15. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. Disputes
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Boxfresh’s intellectual property rights, Boxfresh may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

18. Events beyond our reasonable control
Boxfresh will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

19. Waiver
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

20. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Your statutory rights are not affected by these terms and conditions

21. Our details
The Website is owned by Boxfresh International Limited, The Pentland Centre, Squires Lane, London, N3 2QL, England.

▪ Company registration number: 05564730
▪ Company registration address: 8 Manchester Square, London,
W1U 3PH
▪ V.A.T. Registration number: 231 0451 21 GB
▪ Where the company was registered: England and Wales

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