|1. Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website www.allotinabox.com is owned and operated by ALLOTINABOX® Limited, trading as 'ALLOTINABOX'. References to "we", "us", our" or "the website" refer to ALLOTINABOX® Ltd. We are a company registered in England and Wales (company number 7483639), and our address for correspondence is: ALLOTINABOX® Limited, Mount Manor House, 16 The Mount, Guildford, Surrey GU2 4HN.
1.1.2 Your use of this website ALLOTINABOX® Limited is at all times subject to our full Terms and Conditions applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the ALLOTINABOX® Limited website after changes are made means that you agree to be bound by such changes.
2. Website Use Terms and Conditions
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, ALLOTINABOX® Limited will place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
3.1.1 This website and its content is copyright of ALLOTINABOX® Limited 2011. All rights reserved.
3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
4. Joining ALLOTINABOX®
4.1 If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any items posted to the wrong location.
4.2 We may refuse any application to join ALLOTINABOX® Limited or receive our services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
5. Availability of Website
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2. Your access to the ALLOTINABOX® Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
6. Purchase of Items
6.1 Provided that you meet the minimum criteria in the sign up process you may register as a ALLOTINABOX® Limited website member free of charge. If you register as a ALLOTINABOX® Limited website member, all the relevant terms of these Terms and Conditions shall apply.
6.2 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
6.3 No order is accepted from you until our website displays an order confirmation message. This message is displayed after you complete the payment process.
7.1 You agree not to hold us responsible for banking charges incurred due to payments on your account.
7.2 Goods are subject to seasonal changes in supply levels and supply prices. ALLOTINABOX® Limited reserves the right to change the fees for any services at any time.
8. Delivery and Return of Products
8.1 Items can only be delivered to addresses where the customs of that country allows the importing of our products; ALLOTINABOX® is not responsible for products seized by customs in any given country, it is the responsibility of the purchaser to check the legality of the importing of the ALLOTINABOX® product.
8.2 We currently use Royal Mail postage, to deliver our products to you. Actual delivery times may vary for you depending on;
i) our stock availability,
ii) your delivery address,
iii) when you make your selection, and
iv) circumstances impacting delivery by the Royal Mail.
We reserve the right to use alternative delivery methods without prior notification.
8.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of items.
8.4 It is the customer's responsibility to report all lost items online within 7 days. Customers are obliged to comply with either Royal Mail's claim compensation process or ALLOTINABOX® Limited's process. Failure to comply with these processes, as amended from time to time, will result in no refund.
8.5 If you are dissatisfied with any product you receive from us, please contact our customer services team on firstname.lastname@example.org. We retain the right to request a return of any faulty goods by recorded delivery to 12 St Edwards Road, Southsea, Hampshire and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. We will consider refunds for any boxes returned to us within 7 days of receipt. We reserve the right to refuse refund on any product.
9.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the Service including the box.
9.2 All content and programming of the ALLOTINABOX® Limited website is the property of ALLOTINABOX® Limited. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the ALLOTINABOX® Limited website without written permission from ALLOTINABOX® Limited.
9.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason tha t we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'No commercial exploitation'. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
11. Promotion Codes
11.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
12. Disclaimer of Warranties and Limitations on Liability
12.1 Nothing in this clause (13) or otherwise in these Terms and Conditions shall exclude or in any way limit ALLOTINABOX® Limited's liability for;
ii) Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
iv)Liability to the extent the same may not be excluded or limited as a matter of law.
Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
12.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 12.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
12.3 Subject to clause 11.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12.4 Subject to clauses 11.1, 11.2 and 11.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of ALLOTINABOX® Limited Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
13. Applicable Law
13.1 This website is controlled by ALLOTINABOX® Limited. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
14. Assignment by Us
14.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
15. No Waiver
15.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
16. Force Majeure
16.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
17. Third Party Rights
17.1 Subject to clause 11.3, and excluding the provisions of clause 3.1.2 which confers a benefit upon Third Party Licensor's as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
17.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
18. Damaged or Defective Items
18.1 You must inspect the products on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
19. Indemnity by you
19.1 You agree to indemnify and hold ALLOTINABOX® Limited, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
20. Website disclaimer
20.1 The information contained in this website is for general information purposes only. The information is provided by ALLOTINABOX® Limited and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
20.2 This website and its content are copyright of ALLOTINABOX® Limited
20.3 This version last updated 3rd of October 2011