Terms and Conditions of Gadget Crate (last revision February 2017)
This page tells you the terms and conditions on which we will supply to you the product/s listed on our website www.thegadgetcrate.com (our Site) either with our bi-monthly subscription GadgetCrate service or our ‘one off’ Gifts. Please read these Terms and Conditions carefully and make sure you fully understand that by subscribing to our bi-monthly subscription box or placing an order for a one off gift that you agree to be bound by these terms and conditions. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. Your use of the website after changes are made means that you agree to be bound by such changes.
1. INFORMATION ABOUT OUR COMPANY
We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of our site being down, we will place a notice on our social media to this effect.
2. SERVICE AVAILABILITY
2.1 Our Site is only intended for use by people residing in most European and Worldwide countries.This includes BFPO addresses and excludes PO Box addresses. We do not accept automatic orders from individuals outside of the United Kingdom and Northern Ireland without the customers intention to pay for shipping. Please email us on firstname.lastname@example.org with a full delivery address for an accurate worldwide shipping quote.
2.2 We are a bi-monthly subscription box company. Our GadgetCrate boxes are currently available for any ages and any gender. We recommend anyone under the age of 18 getting full consent by parents or guardians before purchasing.
The service we provide on our website www.thegadgetcrate.com allows users to subscribe to a bi-monthly subscription box or to send or receive a one off gift box from our online store, to receive newsletters by post or by email, enroll in our Reward Points Programme, receive sample, offers, coupons, articles and any other useful information Gadget Crate sees appropriate, to review individual products from our boxes as well as the presentation of the boxes, packaging, delivery and the Gadget Crate experience on our website or elsewhere, upload photographs and videos of our boxes.
2.3 The contents of each box will vary according to the month you ordered. We make no guarantee that you will receive a particular product in a box. Our buyers are constantly sourcing new products which are then tested by our expert panel for suitability to be included in a box. Some of our suppliers products are only available in limited quantities, thus that they may not always be available in the future. The products in the boxes, apart from personalised items are not manufactured by Gadget Crate. Should you have any questions about any product that we have supplied to you that is unanswered in our FAQ’s should be directed to our dedicated team at email@example.com or contact the brand themselves.
2.4 Your order will be fulfilled by the delivery date set out in our dispatch confirmation. (You will not hold us responsible for any delays outside of our reasonable control, which relate to the delivery of boxes. It is your responsibility to report all lost or undelivered boxes online within 7 days by email to firstname.lastname@example.org
3. YOUR STATUS
3.1 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website, you agree to our Terms and Conditions. If you do not agree to these Terms and Conditions, you must exit our website immediately.
3.3 You are a resident in one of the serviced Countries and
3.4 You are accessing our Site from that Country.
3.5 Customers are obliged to comply with either Royal Mail’s claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered boxes. If you change address, you must update your address details in the relevant section of our website to ensure that boxes are not sent out to the wrong address or an incomplete address. Please ensure that this is done in time to take effect before you move as you will not be refunded for any boxes posted to the wrong location and there is a subsidised charge of £10 (plus paypal fee) for having your box resent out to you at your correct address .You agree to provide accurate up to date information of your name and current address.
3.6 If you place an order for one of our one-off boxes, please be aware that they will still be sent via your local postman and may be subject to delays. We cannot therefore guarantee delivery on a specific day and will not be held liable for delays outside of our control. The risk of loss of boxes and merchandise purchased by you, pass to you upon Gadget Crate’s delivery of the item/s to the Carrier.
As our boxes are made-to-order and personalised, they cannot be returned for any reason unless faulty and you do not have the right to cancel an order for the purchase of a box under the Consumer Protection (Distance Selling) Regulations 2000 (now been replaced as of 13th June 2004 by the new Consumer Contracts Regulations) (To be further amended by the Consumer Rights Act in October 2015) with numerous changes.
3.7 Subject to these Terms and Conditions, Gadget Crate grants you a limited, revocable, non-transferrable and non exclusive license to access and use the Site for your own non-commercial personal use. You many not use the site for the benefit of another business, unless explicitly permitted by Gadget Crate in advance and in writing. Gadget Crate reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Gadget Crate believes that its client conduct violates application law or is harmful to Gadget Crate’s interest. Any discount code usage for Gadget Crate’s subscription is reserved for new customers only (one code per customer/household) unless otherwise agreed by Gadget Crate.
3.8 Application laws require that some of the information or communications we send you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications should be in writing. This condition does not affect your statutory rights.
3.9 Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
4. JOINING AND REGISTERING WITH GADGET CRATE
4.1 Once we accept your subscription or ‘one off gift box’ that is when the contract is made. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.
4.2 You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account and password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.
4.3 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy, which is subject to change from time to time.
4.5 You understand and agree that the contents of Gadget Crate boxes are tailored especially for gadgets based on the information provided by you. Your delivery address and choices (for personalisation) should also be entered correctly. Gadget Crate do not accept responsibility for any associated costs should you receive any incorrectly spelt names by you or ourselves unless you advise us immediately after receiving the box. Should you make a genuine error, we will be happy to update your details for you for future boxes, once we are advised. You agree that you cannot change your information within your account.
4.6 You are responsible for providing the correct address or any another recipient you are sending a box too.
4.7 By submitting or posting any materials or content, featuring products that you have received from Gadget Crate, you grant Gadget Crate a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Gadget Crate the rights set out in this paragraph, please do not submit your content. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Gadget Crate the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Gadget Crate will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
5. YOUR CONDUCT
5.1 You are solely responsible for all reviews, blog comments, video, photographs, messages and any other material (‘Content’) that you upload, email or transmit in any way (‘Post’) to the website via the Service. You agree that you will not Post any Content where you do not have the legal right to do so. Nor will you Post any Content that is defamatory, libelous, pornographic, unlawful, excessively violent, promoting violence, promoting illegal activities, discriminatory based on race, sex, age, religion, disability or anything else that is generally accepted as being objectionable or that Gadget Crate deems as being objectionable. In addition you agree not to post any content that is likely to harass, upset, embarrass, alarm or annoy any other person.
5.2 You must not use the Service to impersonate any person, or to misrepresent your identity or affiliation with any person. You also agree that you will not Post any unauthorised advertising, any Content for financial gain through commercial enterprises, including but not limited to promotions, links to other websites, voucher codes and any other form of solicitation. You agree that Gadget Crate, without limitation, may use as it sees fit, any content that you upload to the website or anywhere else that features Gadget Crate boxes. Gadget Crate reserve the right to remove any amount of reward points at any time without explanation. Such examples may include, but are not limited to activity where reward points have been gained through or attempted to be gained through abusing our reward system including using Gadget Crate pages or posts to promote your referral code. We may also terminate your account(s) and you understand that Gadget Crate may seek compensation from you.
6. YOUR PRIVACY
7.1 Gadget Crate takes payment for goods that you purchase through the Service via PayPal (UK) Ltd who is authorised by the Financial Conduct Authority under the Payment Service Regulations 2009 (No. 530923) for the provision of payment services. Gadget Crate may change our prices at any time, if you do not wish to accept the new price you may cancel your subscription as below otherwise payments will be at the new price. Gadget Crate is not privy to any of your credit/debit card information and no card details are stored on the Gadget Crate website or its servers.
8.1 All boxes purchased through Gadget Crate auto-renew, except our gift boxes. If you subscribe to the Service, you agree that you will promptly update your account information with any changes (for example, a change to your billing address or debit/credit card expiry date). You agree to pay Gadget Crate the amount that is specified in the ‘Service’; in accordance with these Terms of Service. You hereby authorise Gadget Crate to charge your debit/credit card in advance of the dispatch of your next box(s), in accordance with the terms that are applicable to the subscription you purchased, until you terminate your account, cancel your subscription or change your subscription to a different subscription.
8.2 You understand and accept that, unless otherwise expressly stated, our Service is a subscription that operates on an auto-renewal basis and once your initial pre-paid subscription has ended, you agree to your debit/credit card being charged again. For example, if you have purchased a bi-monthly box your credit/debit card will be charged monthly. If you have purchased a 3 month subscription your credit/debit card will be charged every 3 months. The same principal applies for subscriptions of different lengths. Should you not wish for the renewal to take place, you should email as below (see Cancelling a Subscription) as soon as your last box has been received and before the renewal payment has been taken. You will have 28 days to do this. All payments made are non-refundable. Dispute of any charges must be notified to Gadget Crate within thirty one (31) days of the charge being made. We reserve the right to change the price(s) of our subscription and will give you at least thirty one (31) days notice of any such change. The notice of the price change will be on the website and we will also email it to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
9. CANCELLING A SUBSCRIPTION
9.1 We would hate to see you go, but if you need to go you can cancel a bi-monthly subscription with thirty one (31) days notice after the first box has been received within your account. This must be done within your account under the ‘my boxes’ tab. You will need to follow the cancellation procedure and will be given clear instructions when your account has been cancelled and your 31 days notice given. You will also receive an email confirming this. Please note that we are unable to accept cancellations by email or live chat. Prepaid subscription boxes i.e 3, 6, 12, 24 months may not be cancelled before the duration has been completed.
9.2 You understand and agree that once you have cancelled your subscription within your account that you will receive and be charged for and receive one further Box if it is due to be dispatched during the thirty one (31) days notice period. Prepaid subscriptions may be cancelled within 14 days of ordering by emailing email@example.com using as the email subject ‘Cancel Subscription’. For security reasons you may be be asked for your order number, postcode and additional information. If your box has been dispatched or is in the process of being dispatched you will be required to return the order for a refund less a £10 return fee. Please note that are responsible for the cost of returning the Gadget Crate box and for ensuring that it reaches us safely. If you wish to cancel a new prepaid subscription within 14 days of placing your order but not return your box you will be liable for the full cost of a one off box (£39.99) plus a possible £25 early cancellation fee. Prepaid subscriptions cannot be cancelled after 14 days. You agree not to hold us responsible for banking charges incurred due to payments on your account.
9.3 To exercise the right to deactivate, you must inform us by email: firstname.lastname@example.org of your decision to deactivate this contract by a clear statement by way of a electronically sent email.
10.1 You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address. Failure to do so may result in some or all of your boxes being placed on hold due to an incomplete shipping fee being paid.
11.1 If you are unhappy for any reason, please contact our team in the first instance at email@example.com. Gadget Crates complies fully with the Consumer Protection (Distance Selling) Regulations 2000. If you wish to return your box to us you will have fourteen working days to decide to do so. Note: This does not apply to perishable and other items that deteriorate rapidly such as food. Nor does it apply to any tailor-made or personalised goods. Please note that due to the personalised nature of Gadget Crate boxes, we are unable to accept returns after 14 days of receiving your order. In the event of an item being faulty, we will request that you return it to us at your cost for inspection. In this instance, you must return the goods to us securely packaged, in a good condition consistent with your statutory duty to take care of them, at your own cost, by recorded delivery or by any other appropriate method so as to reasonably ensure that we receive them, as soon as possible. If the item is found to be faulty, we will be delighted to provide you with a replacement item and reimburse you for the postage cost for recorded delivery, upon viewing your receipt. This will be confirmed to you in writing to you. We have a large community who love Gadget Crate and our service.
12.1 Please note that Gadget Crates Discounts may not be used for ‘sale’ or products that have already been reduced in price.
13. OUR CONTRACT WITH YOU
13.1 Any order that you place may be cancelled by us at any time prior to dispatch. In the event of this happening, no contract for that or those orders, will exist between Gadget Crate you will be notified by email of the cancellation and the reason for the cancellation.
14.1 Your use of the Service is at your sole risk. You agree that you are entirely responsible for any interactions with other users of the Service and that Gadget Crate will bear no responsibility or have any liability in matters between you and other users of the Service.
14.2 Under no circumstances will Gadget Crate be liable in any way for any Content Posted by third parties, including, but not limited to, any errors or omissions in any Content. Nor will Gadget Crate be liable for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. We reserve the right to refuse or remove any Content that violates these Terms and Conditions or that we find objectionable even if not covered in this agreement. You agree to bear all risks associated with the use of any Content including any reliance on the accuracy such Content
15. LIABILITY LIMITATION
15.1 Gadget Crate makes no warranty that the service, products and Boxes will meet your requirements or expectations. You understand and agree that Gadget Crate will not be liable for any direct, indirect or consequential damages as a result of using the Service. Nor will it be liable for the cost of your procurement of substitute goods for any reason including but not limited to, the non-arrival of an expected Box or your inability to access the Service due to a Service failure. You agree to indemnify Gadget Crate, their officers employees and agents against all losses, damages, expenses, claims, legal actions of any kind as well as injury (including death) arising from or relating to your use of the Service.
16. COMPETITIONS, PROMOTIONS AND FREE GIFTS
16.1 Entrants outside of the UK are not precluded from entering or winning any competition hosted by Gadget Crate but may possibly be asked to pay the shipping costs prior to receiving any prizes. For competitions whereby one or more Gadget Crates boxes are given away as a prize(s), winners must fit the Gadget Crate criteria for the service that is offered. Only one entry per person is permitted, unless otherwise stated.
16.2 Automated entries will be invalidated, including multiple entries from the same IP or telephone number range. The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day. Winners will be notified (by email, post or social media) within 21 days of the closing date. Winners should allow 6 weeks for delivery. The judge’s decision is final and no correspondence will be entered into. Prize winners shall not, under any circumstances whatsoever, sell or transfer their prize to any other person(s). Selling or transferring prizes includes, but is not limited to, selling and/or distributing on any website including any auction site whether it is operated by a third party or by a prize winner. Gadget Crate reserves the right to cancel any prize if it has reasonable grounds for believing that a prize winner has, or has attempted to, sell, transfer or exchange their prize. No cash alternative or alternative prize is available on entrants’ request but in the event of the advertised competition prize being unavailable we reserve the right to offer an alternative prize of equal or greater value.
Gadget Crate will not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in a competition.
16.3 Competition winners may be required to take part in or co-operate with publicity. Competition winners agree to keep confidential any knowledge about Gadget Crate and its business and personnel received by them as a result of the competition. No responsibility is accepted for inaccurate prize details supplied by sponsors. Use of false name or address, eg name by which the entrant is not usually known, will disqualify them from receiving any prize. Gadget Crate reserves the right to oblige any potential winner to provide documentary proof of their identity and address as directed by Gadget Crate before such person may claim their prize. In certain circumstances, Gadget Crate shall, at its discretion, require any person to present themselves in person supported by such documentation for identification purposes (we will reimburse all reasonable travel costs incurred) prior to releasing the prize.
16.4 Participants who are rude, abusive or deemed otherwise unsuitable by Gadget Crate will be excluded from the competition. We reserve the right to amend these rules at any time. Entry in the competition implies acceptance of these rules. We will keep your personal details for a reasonable time so that we can send you any prize that you have won, to verify that these rules have been complied with, and for accounting purposes. We may pass your details on to our service providers and agents for the purposes of sending you the prize on our behalf. Gadget Crate may at any time issue specific rules to be read in conjunction with these rules. In the event of a conflict between two sets of rules, the competition-specific rules take priority.
16.5 Any dispute or claim arising out of or in connection with a competition shall be governed by and construed in accordance with English law and entrants irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with a competition. Where a free gift is offered dependent on the length of a subscription and the subscription is cancelled and refunded prior to the end of the subscription, you will be billed the retail price of the free gift. For example, if you purchase a three month subscription and receive a FREE “gadget” (RRP £29.99) and cancel the subscription prior to it ending, you will be billed the RRP of the free gift. Free gifts are limited to one per customer. Gadget Crate from time to time may offer Reward Points or other prizes in exchange for receiving photos or videos relating to Gadget Crate. Gadget Crate reserve the right to re-use any media content (inclusive of photos or / and videos but not restricted to) that is sent to us or posted / uploaded to their Social Media. You may opt out of this by emailing us firstname.lastname@example.org.
16.6 Whereby a reduced price is offered for a box, this may not be used for a ‘One Off Box’ unless specified. Where a promotional introductory reduced price has been offered for a box – you are required to receive your first box before giving Gadget Crate notice should you wish to cancel thereafter. Subsequent boxes and renewals will be at the full price. All promotions (unless specified otherwise) are for new customers only and limited to one per customer and one per household. Cannot be used in conjunction with any other offers. All savings are calculated based on the RRP Value, for example each Gadget Crate box has a minimum RRP value of £40 so a discount code that sees a checkout total value of £20 is displayed as £20 savings. You understand that you may not have more than one active subscription. Subscriptions will renew at the standard price of thirty nine pounds and ninety nine pence each month and you can cancel your subscription at any time, giving thirty one (31) days notice which will be taken from your payment date by emailing email@example.com once the promotional box has been received.
16.7 You may not take out a new subscription using the same or another promotional code. Breach of our terms will result in your order being placed on hold. In the event of this occurring you will liable for the full price of the box. Any promotional codes must be used at the time of purchase and cannot be backdated. Each month Gadget Crate gives customers the chance to win by posting their best photos of them enjoying their latest box. To enter simply post your photo on Instagram, Facebook or Twitter with the #gadgetcrate. You can also enter by emailing us at firstname.lastname@example.org.
17. OUR COPYRIGHT
17.1 Our Copyright: The Gadget Crate website and the Gadget Crate brand are the copyright of Gadget Crate. You may not use any material (‘Service Content’) from the website without our prior written consent. This includes any of Service Content that may appear on other websites where we have permitted its use. You acknowledge and agree that the Service Content is protected by copyright and may also be protected by patent, trademark, trade secret or other proprietary rights and laws.
*Customer feedback is very important to us. We are always looking for ways to serve you better. Please contact us with any questions you may have. We are here to help. By email: email@example.com
– See more at: https://www.thegadgetcrate.com/terms-of-service