Terms and Conditions
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Product(s) (Product(s)) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Product(s) from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time. These Terms came into effect when updated on 11 October 2016 and replace the previous Terms and Conditions.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.wowboxme.com. We are Wowboxme Limited a company registered in England and Wales under company number 10217721 and with our registered office at Unit 10 apex park fraserfields way Leighton buzzard LU7 3RE.
1.2 Contacting us if you are a consumer: (a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. This should be done by completing the form on our website and selecting the enquiry type ‘Cancellation’. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44(0)15 2521 3864 or by post. If you are emailing us or writing 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.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44(0)15 2521 3864, by e-mailing us at firstname.lastname@example.org or via our site.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at +44(0)15 2521 3864 or by e-mailing us at email@example.com or via our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.
2. OUR PRODUCT(S)
2.1 The images of the Product(s) on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Product(s). Your Product(s) may vary slightly from those images.
2.2 The packaging of the Product(s) may vary from that shown on images on our site.
By placing an order through our site you warrant that
2.3 You are legally capable of entering into binding contracts
2.4 You are at least 18 years old
2.5 You are a resident of the U.K and placing an order from the U.K.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.2 By providing your details to us on our site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
4.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery carrier.
4.4 We will use information about you to make marketing offers via email, telephone and mail based on your Product(s) preferences from time to time.
4.5 If you opt-out from receiving our marketing communications or from approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Product(s) from our site if you are at least 18 years old.
5.2 If you are buying any Product(s) as a gift the recipient must also be over 18 years old.
5.3 If our carriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Product(s) is unable to produce appropriate ID, unfortunately our carrier will be unable to leave the Product(s) with you.
5.4 After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation).
5.5 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Terminate your subscription for the following month in writing before the 10th of the month of desired termination.
5.6 By subscribing to wowboxme.com you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with 5.6 below. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
5.6 Auto-renewal. Following your initial subscription period of one, 3 or six months, your wowboxme subscription will be automatically renewed. If you cancel during this period, your subscription will be ended and you will be sent the remainder of the boxes you have paid for. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
5.7 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Any wowboxme customer is eligible for only one account, if a user has more than one account, wowboxme limited reserves the right to delete the accounts without notification to the user and block them from further activity within the wowboxme community.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Product(s). These clauses are in addition to those set out in clause 5 to 5.7 inclusive.
6.2 These Terms together with our current Privacy, Cookie and Returns Policy and website prices constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2 After you place an order and make payment in full, you will receive an e-mail from us acknowledging that we have received your order and payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail Dispatch Confirmation. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product(s) is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Product(s) from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; an/ or
(b) circumstances affecting us
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. 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 the Product(s), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) sealed Product(s) once these Product(s) are unsealed after you receive them;
(b) any Product(s) which become mixed inseparably with other items after their delivery;
(c) contract for the supply of alcoholic Product(s) where price is agreed when the sales contract is concluded, delivery can only take place after 30 days, and the value is dependent on fluctuations in the market which cannot be controlled by us.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is email firstname.lastname@example.org or contact us via our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Product(s). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid if the goods have not been dispatched, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product(s) within [3-5] days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5 If you have returned the Product(s) to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 We will refund you on the credit card, debit card, paypal account or amazon account used by you to pay. If you used vouchers to pay for the Product(s) we may refund you in vouchers.
9.7 Because you are a consumer, we are under a legal duty to supply Product(s) that are in conformity with this Contract. As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date which will be within 30 days of confirmation of order. Occasionally our delivery to you may be affected by an Event outside Our Control. See clause 16 for our responsibilities when this happens.
10.2 In the event you order Product(s) from us and we have agreed with you by email or telephone of a specific delivery time or date, if you are then not available to accept the Product(s) at the agreed time and date we will not be liable for any re-delivery charges to deliver the Product(s) to you.
10.3 We or our authorised carrier may send you an email or SMS notification to advise you of an estimated delivery time prior to delivery.
10.4 We or our authorised carrier will not be held liable for any loss or damage suffered by you if you give instructions for us to leave your Product(s) outside your house or outside any other address provided by you and the Product(s) get lost or stolen.
10.5 If no one is available at your address to take delivery, our authorised carrier will leave you with a note advising you of where to collect the Product(s).
10.6 Delivery of an Order shall be completed when we or our authorised carrier deliver the Product(s) to the address you gave us or when you collect the Product(s) from the place our authorised carrier has notified you of. From this time the Product(s) will be your responsibility.
10.7 You own the Product(s) once we have received payment in full, including all applicable delivery charges.
10.8 If we miss the 30 day delivery deadline for any Product(s) then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Product(s);
(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.
10.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.10 If you do choose to cancel your Order for late delivery under clause 10.8 or clause 10.9, you can do so for just some of the Product(s) or all of them, unless splitting them up would significantly reduce their value. If the Product(s) have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Product(s) and their delivery.
11. PRICE OF PRODUCT(S) AND DELIVERY CHARGES
11.1 The prices of the Product(s) will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Product(s) are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Product(s) may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product(s) includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.
11.4 The price of a Product(s) does include delivery charges. The price of the subscription includes both the delivery and product.
11.5 It is always possible that, despite our reasonable efforts, some of the Product(s) on our site may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you by e-mail to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
11.6 We reserve the right to terminate any special offer or promotion at any time, without notice. All give-away, value-added and promotional items are only available whilst stocks last and carry a value of £0.00.
12. HOW TO PAY
12.1 You can pay for Product(s) using the electronic payment methods set out on the check-out page including but not limited to PayPal, Payments by Amazon, Debit Cards or Credit Cards.
12.2 Payments by an electronic method for the Product(s) are charged when you complete the check-out process and are directed to the order success page on our site.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if you are a business customer.
13.1 We only supply the Product(s) for internal use by your business.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Product(s) under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product(s). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If the Product(s) we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery to you of the Product(s) in question. We may ask you for evidence of the damaged or defected Product(s).
14.2 If you do not receive Product(s) ordered by you within 15 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address within 5 days of the date on which you ordered the Product(s).
14.3 If you notify a problem to us under condition 15.2, our only obligation will be, at your option
(a) to make good any shortage or non-delivery;
(b) to replace or repair any Product(s) that are damaged or defective; or
(c) to refund to you the amount paid by you for the Product(s) in question in whatever way we choose.
14.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product(s) in question under clause 9 of these terms and conditions.
14.5 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(a) loss or damage was not foreseeable to both parties when the contract was formed;
(b) loss or damage was not caused by any breach on the part of the supplier;
(c) loss or damage relates to business and/or non-consumers.
14.6 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Product(s) under the Consumer Protection Act 1987.
14.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Product(s) from our site. The importation or exportation of certain of our Product(s) to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Product(s) you purchase.
14.8 We only supply the Product(s) for domestic and private use. You agree not to use the Product(s) for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.9 Customers should also be aware of the following inherent risks and warnings relating to the Product(s):
(a) Alcohol should be consumed in moderation.
(b) The Product(s) supplied can be heavy so extra care should be taken when lifting them.
(c) Red wine in particular may cause staining if spilt so extra care should be taken.
(d) Sparkling wines and champagnes can be volatile due to the build-up of gasses extra care should be taken when opening these.
14.10 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. DATA PROTECTION AND PRIVACY
15.1 By providing your details to us on our web site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
15.2 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery company.
15.3 We will use information about you to make marketing offers via email, telephone and mail based on your Product(s) preferences from time to time.
15.4 If you opt-out from hearing from us or approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Product(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will refund the price you have paid, including any delivery charges.
17.1 We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
17.2 It is your responsibility to protect your user name and password information from being disclosed to any third party.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the 2nd Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or inconnection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
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