Dull, but important
Terms and Conditions
Effective as of November 2022
Please read the following important Terms carefully, and check that you agree with them, before you set up an Account, subscribe to our Monthly Big Red Box Subscription service or place an order on our online shop.
If you would like this contract in another format, such as large print or audio) please contact us.
You must be at least 18 years old to create an account with us for a subscription to our Big Red Box Subscription and to buy goods in our online shop.
By selecting the “Create my account” button, you agree to enter into a legally binding agreement with us subject to these Terms.
1. WHO WE ARE
“When we say we, us or our, we mean Big Red Box, Inc., a general LLC registered in the State of North Carolina.
2. HOW TO CONTACT US
If you wish to contact us for any reason, including because you have any complaints, you think our Products are faulty or misdescribed, or to cancel your contract with us, you can contact us:
(a) using the contact form available on our Website at: www.bigredsbox.com;
(b) by e-mail at email@example.com ;
(c) by calling our customer support on (910)-317-0304;
We also have a chat feature available on our website (but this cannot be used to cancel your contract with us).
How we may contact you. If we have to contact you we will do so by e-mail, text, phone or post using the contact details you have provided to us.
3. ABOUT THESE TERMS
3.1 Definitions used in these Terms have the meaning given to them below:
Account means the account you create with us on our Website to subscribe to our Big Red Box Subscription and have the option to purchase Gifts and goods we make available in our shop;
Gifts means a gift of cookies chosen by you and purchased by you to be delivered to someone you choose which can be purchased as a one off gift monthly basis and paid for by you as a one-off order. For details see clause 5.2.
One-Off Order means a one-off order placed with us for goods we make available in our Shop or one-off orders of Gifts. For details, see clause 5.2;
Products means, together, the goods we make available in our Shop, Gifts and the Big Red Box Subscription;
Shop means our online shop on the Website, which you can access via your Account dashboard once you have registered for our Big Red Box Subscription;
Big Red Box Subscription means our monthly subscription service as subscribed to by you where we deliver to you monthly, a box of cookies as chosen by you. . For details, see clause 5 (Big Red Box Subscription and One-Off Orders).
3.2 You must set up an Account with us on our Website to subscribe to our Big Red Box Subscription and order any Products from our Shop or Gifts. In order to create an Account, you must complete the sign-up process on our Website. You must use accurate information, including your first and last name, email address, phone number, delivery address, delivery instructions, payment details and your chosen secure password. If your details change after registration, you must let us know or update them on our Website. You must keep details of your Account (including your password) secure and not share them with anyone else. You must not allow others to use your Account.
1.1 When you agree to these Terms and create an Account with us, a legally enforceable contract between you and us will come into existence. That contract will continue indefinitely, unless you end it in accordance with clause 11 (Your rights to end the contract), or we end it in accordance with clause 12 (Our rights to suspend or end this contract).
1.2 We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our Products. Such changes shall take effect on the date specified in any email to you notifying you of an update, or at the time the revised Terms are posted (whichever is the earlier). If you choose not to accept the new terms, you can close your Account and end your contract with us as described in clause 12 (Your rights to end the contract).
1. YOUR PRIVACY
Under data protection legislation, we are the data controller of your personal data processed through our Website, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our [add in link to privacy notice].
2. MONTHLY SUBSCRIPTION SERVICES, OUR SHOP AND GIFTS
1.1 Big Red Box Subscriptions. To receive our Big Red Box Subscription Service, you will need to click on the [“Confirm and Subscribe”] button. Once set up and you have received our confirmation email confirming the set up of your Account and subscription to our Big Red Box Subscription, we will make monthly deliveries of our boxed cookies chosen by you on the day of the week assigned for your area (as notified at the time of subscribing) and you make recurring monthly payments to us in respect of your order Big Red Box Subscription (see clause 8.4 (How to pay)). Your recurring monthly payment for your Big Red Box subscription will continue indefinitely unless cancelled (see clause 7.1 (How to cancel or change your existing order)) or suspended (see clause 7.2 (Pausing your active orders)) in accordance with these Terms. The cookies delivered for our Big Red Box Subscription service are chosen by you and you will be able to view the up-coming monthly cookies on our Website. We hope you will love your chosen cookies but if for any reason you do not wish to receive a certain months cookies, you can always skip that months delivery in your Account (with prior notice) (see how to skip deliveries in clause 7.2). You may also sign up to receive an email to be notified of the up-coming monthly cookies though your Account.
1.2 One-Off Purchase - Our Shop and Gifts – One-Off purchases
(a) If you sign up to our Big Red Box Subscription service, you can also:
(i) purchase goods from our Shop or Gifts on a one-off basis, whereby you make a one-off payment for those Products at the time of purchase. One-off -Orders of goods from our Shop will be added to your next Big Red Box Subscription and Gifts will be delivered to your chosen address on the delivery date selected (see clause 6, Delivery); and
(ii) purchase recurrent cookie delivery Gifts for delivery of cookies monthly via your Account by clicking on the “Send a Gift” button and selecting from the options available (i.e. the delivery recurrence and number of months) and completing the relevant delivery details for the Gift recipient . You will be required to pay upfront for all the monthly deliveries at the time of purchasing as a one-off payment. We will deliver the recurrent cookie delivery Gifts to your chosen recipient and according to the delivery details you provided at the time of purchase. Deliveries will be made on the day of the week available for delivery in your areas as notified at the time of purchasing.
1.3 How to make changes to your order before placing it. Please check your order carefully before submitting it. If you need to cancel your order or correct any errors in your order before submitting it to us, you can do so using the buttons available on screen during the ordering process. For information on cancelling and changing orders once submitted to us, please see clause 7 (Cancelling or changing your order).
1.4 Order acknowledgement and acceptance. When you (a) set up your Account for the Big Red Box Subscriptions and confirm your Account set up and subscription at the end of the set up process or (b) you place your order for One-Off Orders at the end of the online checkout process, we will acknowledge it on screen, followed by an email. The on screen acknowledgement does not mean that your order has been accepted. We will only accept your order when we email you to confirm this. At this point, a legally binding contract will be in place between you and us in respect of that order.
1.5 If we cannot accept your order. If we are unable to accept your order, Account set up and/or subscriptions, we will email you to inform you about it, and no contract between us will come into force. This might be, for example, because: we cannot authorize your payment; or there has been a mistake on the pricing or description of the Products. If we do not accept your order, if you have already paid for the Products we will refund your payment for your order by the method you used for payment within 48 hours.
1.6 Costs. The cost of delivery is included in the pricing for the Products shown when you are placing your order.
1.7 Delivery address and instructions.
(a) You can only subscribe to our Big Red Box Subscription service and/or place an order in our Shop if we cover your area. Deliveries will be made to your address as registered in your Account (save as set out below). The areas we deliver to will be confirmed when you set up your Account. If we do not cover your area, you will not be able to create an Account with us. We may add or remove delivery areas as we, in our complete discretion, see fit. If we cease to service a particular area in which you order our Products, then we will notify you in advance in accordance with clause 6.4.
(b) You can add any specific, reasonable, delivery instructions to your Account (for example, “leave on the doorstep”). The address and any other information you provide to us must be accurate and complete. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it, or by you giving us incorrect or incomplete information.
(c) We may make deliveries at any time during the day. For those reasons, if you are not going to be in to accept the delivery, please specify delivery instructions in your Account to enable us to deliver the cookies to you on your specified delivery day or if you are going to be away (for example, if you are going on holiday), you must suspend/pause your order (see clause 7, Cancelling, pausing or changing your order). We will not be responsible for any loss or damage to your delivery as a result of your chosen place of delivery detailed in your Account (provided that we have delivered as reasonably specified in your Account) or if no one is available at your address at the time of delivery.
(d) If you change your address, you must update your details on your Account or let us know using one of the methods set out in clause 2 (How to contact us). Changing your address may result in a change to the available delivery days for the area of your new address or a cancellation of your active orders from the date of the address change if for any reason we do not deliver to the area of your new address. If there is a change in the delivery day, this will be shown in the updated delivery schedule calendar on the page where you update your address. If for any reason we do not deliver to the area of your new address, we will notify you of this at the time of changing your address and you will need to contact us to cancel your Account and existing orders. To arrange cancellation, please contact us. Please (see clause 7.3(b).
1.8 Delivery days. When you first set up your Account to subscribe to the Big Red Box Subscription service, we will notify you of the assigned delivery day (which will be on a week day, Monday to Friday) which is determined by your address location. The delivery days will vary in different geographical areas we cover. When selecting goods in our Shop, these will be added to your next scheduled Big Red Box Subscription. For Gifts, you can select the relevant delivery day of the week (Monday to Friday) as we have available in the area for a one off order and for Gift subscriptions of 2 or more weeks, you will be notified of the assigned delivery day as with our Big Red Box Subscription service. Note that if delivery falls on a US public holiday, we may not deliver on that day but your cookies will be delivered on the next day which is not a public holiday in the US. Should this be the case, we will notify you in advance.
1.9 Changes to the areas and days we cover. We reserve the right to cease delivering in your area or change the days of deliveries in your area. We will give you at least 14 days’ notice of any change by sending you an email with details of the change, except this notice period may be shorter where clause 6.6 applies.
(a) If we cease delivering in your area, this contract will automatically end at the expiry of the above-mentioned notice. We will refund to you any sums paid by you in relation to orders placed before the end of the contract, which will not be delivered to you after the contract ends .
(b) If we change the weekdays on which we deliver in your area, and this affects your active orders: (1) delivery days for your active orders will be changed to the new weekdays at the end of the 14 days’ notice period; and (2) if you choose not to accept the new delivery days, you can cancel your orders as described in clause 7.1.
1.10 If we cannot supply the goods you paid for. If we cannot supply you with the Products that you ordered and already paid for or we discontinue a Product and that change affects your active order we will let you know in advance and will usually let you know if we intend to deliver an unavailable product late or otherwise agree with you on whether you want to receive a substitute product, if available, or you want to cancel the Product order and receive a refund for that Product.
We will refund you as soon as possible and for any discontinued Product within 14 days of the cancellation. Please see clause 7 (Cancelling, pausing or changing your order) for further information on cancelling orders, pausing orders and refunds.
1.11 Delays and events outside our control. If our supply of the Products is delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or event preventing delivery. Provided we notify you of such delay or non delivery, we will not be liable for delays or failure to deliver caused by the event, but if there is a risk of substantial delay or we inform you that we are not able (in our discretion) to work around the event preventing delivery, then either we or you may end the contract upon written notice and you will receive a refund for any products you have paid for but not received. Events outside our control include (but are not limited to) bad weather, fire, flood, hostilities and civil disturbance that may affect the safety of our drivers or delivery of our Products, acts of government or other authorities and labour disputes.
1.12 Late delivery. We will use our best endeavours to deliver on the specified delivery date but if for any reason we do not deliver your goods on the agreed day, we will deliver the missed order to you the next working day or if the next day is a weekend day or US public holiday, then we will provide you with a refund. However if you do not want us to redeliver on the next working day, please contact us to cancel that redelivery or set a different delivery date. If you prefer to treat the contract as at an end and receive a refund, please let us know using one of the contact methods set out in clause 2 (How to contact us). Please see clause 7 (Cancelling, Pausing or changing your order) for information on cancelling orders. This doesn't affect your statutory rights.
1.13 Notifying us of no delivery. You must notify us if you believe we have not delivered your Products, as soon as possible (in any event within 3 days of the scheduled delivery), so we can rectify matters. In the event that we have failed to deliver the goods, then we will arrange redelivery or a refund at your request.
1.14 Completion of delivery. Delivery of the Products will take place when our delivery provider delivers them to the address that you gave to us as per your reasonable delivery instructions (if provided) or otherwise left on your doorstep.
1.15 Responsibility for the Products. We are responsible for the Products until they are delivered to you. You are responsible for the Products once delivery has taken place (as set out in clause 6.9 above). In other words, the risk in the Products passes to you when they are delivered to you.
4. CANCELLING, PAUSING OR CHANGING YOUR ORDER
1.16 Cancelling or making changes. You can cancel or make changes to your orders at any time up to 12 noon, 2 days prior to the scheduled delivery day of your next Big Red Box Subscription, or for Gifts, the scheduled delivery day for your Gift. You can view details of your subscription to the Big Red Box Subscription service, One-off orders and Gift orders, make changes to your subscription and orders, and skip or pause a delivery within your Account as further described in this clause 7. You must contact us if you want to cancel your Big Red Box Subscription subscription. If you do not let us know by the required cut off period noted above, you will still be charged for your scheduled order delivery.
1.17 Skip or pause Big Red Box Subscription Deliveries. If you wish to skip or pause a delivery of a Big Red Box Subscription for any reason you can temporarily suspend (up to a maximum of 2 months) your Big Red Box Subscription within your Account any time up to 12 noon, 2 days day prior to the scheduled delivery day. Your Big Red Box Subscription Delivery will get automatically reactivated at the end of the suspension period set by you. When your Big Red Box Subscription is paused in accordance with this clause 7.2, we will not charge you in respect of Products not delivered to you within the suspension period. If you do not let us know by the required cut off period noted above, you will still be charged for your scheduled Big Red Box Subscription.
1.18 Effect of cancelling. If, in accordance with clause 7.1, you:
(a) cancel your Big Red Box Subscription, Gift or One-Off order, it will end that subscription, Gift or order, and all payments received from you in respect of supplies under that order that will not be made after the date of the cancellation will be credited to your Account; or
(b) make a change to your Big Red Box Subscription, Gift or One-Off order then:
(1) any payments which you already made in respect of any cancelled items will be credited to your Account; and
(2) the prices charged for any new items added by you to your existing order will be the prices applicable to the Products at the time when you submit changes to your original order, as displayed in our Shop or in your Account dashboard, as applicable, which may be higher or lower than the prices that applied to your original order.
In each case, we will send you an email confirming the cancellations or changes you make to your order.
(a) All refunds under clause 7.3 will be automatically credited to your payment card that you provided to us when setting up your Account (or as otherwise updated): without undue delay, and no later than within seven days after we receive your request; and
(b) to your original method of payment (unless you expressly agree otherwise). In any event, you will not incur any fees as a result of the reimbursement.
1.19 Your statutory cancellation rights.
(b) We may make a deduction from the reimbursement (excluding delivery costs) to reflect any reduction in the value of the Products caused by unnecessary handling by you in a way which would not be permitted in a shop. You must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any storage instructions provided on the product packaging) and not use them before we collect them from you.
5. PRICE AND PAYMENT
1.20 Big Red Box Subscription and Gift prices. Your Big Red Box Subscription is $35 per delivery (unless you have received a discount or select the Mystery Box). One off cookie delivery Gifts are ADD per delivery. Our prices for Big Red Box Subscription and cookie delivery Gifts (whether one off or recurrent) exclude sales tax however this will be added at the final payment stage of sign up.
1.21 Product prices. The price of Products will be indicated on the order pages when you place your order and include VAT at the applicable rate. Delivery is also included as they will be delivered with your next Big Red Box Subscription date. Please see clause 6.3(b) (The effect of cancelling or changing your order) for the effect of making changes to your existing orders on the price you pay for the goods.
1.22 Payment. We accept the following methods of payment: credit cards and debit cards as listed in your Account (and as, applicable our discount codes) as detailed below:
For information on cancelling or changing your orders and refunds following such changes, please see clause 7 (Cancelling or changing your order).
1.23 Discount codes. We may from time to time make available a discount code to be used by new customers only to reduce the total price new customers must pay to us for your initial order. To benefit from your discount code, you need to apply it during the Account set up process before completing your subscription order for the Big Red Box Subscriptions. These discount codes are valid for 3 months only and they can only be used once per household/customer/address. We also provide you with codes for our Refer A Friend program within your Account or sometimes in the box your Big Red Box Subscription is delivered in. Please see clause 12 for the terms which apply to the Refer A Friend program and codes.
1.24 Payment failures. If you place an order with us:
(a) recurring payments for the Big Red Box Subscription service must be made using a recurring card payment facility. In order to set this up, you will need to enter your payment card details on the payment section when setting up your Account and subscribing to our Big Red Box Subscription service during the ordering process (see clause 5.1). Once you sign up to the Big Red Box Subscription service, we will send you an email confirming details of the order, including the monthly amount to be charged to your card and the day of the week on which we will charge that amount. You can also view this information and change your payment card details, at any time, in your Account.
(b) For any One-Off orders of Products and for Gifts, payment will be taken in full at the time of order. Your credit card or debit card will be charged when you place your order.
(a) We may automatically update your payment card details. We may use a secure payment card update service provided by Visa and Mastercard in order to minimise the risk of a failed payment due to expired, lost, stolen, re-issued or out-of-date payment details. This service will automatically update your payment card details to prevent your recurring monthly payment to us from failing. If we are unable to update your payment card details using this service, we will send you an email asking you to update your payment card details on your Account on our Website.
(b) We may suspend your order if your payment fails. We may suspend your Monthly Cookie Deliveries and/or active orders if your payment fails three consecutive times; we are refused authority to charge your payment card to fulfil your Monthly Cookie deliveries and/or order; and/or we have reasonable grounds to believe that a scheduled payment will be refused. If we suspend your active order(s) and/or Monthly Cookie Deliveries in these circumstances, we will not deliver any Monthly Cookie Delivers or orders to you during the period of suspension, and will not be liable to you for late or failed delivery.
(c) You must compensate our costs if your payment fails. It is your responsibility to ensure that your payment card details are correct and up-to-date and that you have sufficient funds to cover payments under your orders. If, as a result of you breaking this condition, we are unable to collect a payment from you under an order you have placed with us, you must compensate us for the net costs we will incur.
1.25 We may increase our prices. We may vary the prices of our Products from time to time. If a proposed increase in price affects your existing Big Red Box Subscription, we will give you at least 7 days’ notice by sending you an email with details of the change. The new price will come into effect at the end of that 7 days’ period. If you choose not to accept the price increase, you can cancel your order as described in clause 7.1 (How to cancel your existing order).
1.26 If you receive the Products before you pay. If your payment is not received by us and you have already received the Products, we will follow the process in clause 8.6 (payment failures)
6. YOUR RIGHTS IF THERE IS A PROBLEM WITH A PRODUCT
1.28 Your consumer rights. As a consumer, we are under a legal duty to supply products that are in conformity with this contract and nothing in these Terms affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law. Below is a summary of your key legal rights which are subject to certain exceptions. For more detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call (213)444-2804.
The Consumer Rights Act 2015 says goods must be as described on our website (however we refer you to clause 9.2), be fit for purpose and be of satisfactory quality (except where we have specifically brought a flaw to your attention before the contract is made – we refer you to clause 9.2).
1.29 Images. The images of our monthly cookies and the products in our Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the goods may also be different from that shown in our Shop.
1.30 Problems with a Product. If you have any questions or complaints about the Products, please contact us using one of the contact methods set out in clause 2 (How to contact us). This includes, if you wish to exercise your legal rights when a Product does not comply with the Consumer Rights Act and want:
(a) us to replace the Products;
(b) a price reduction; or
(c) to reject the Products and get a refund.
If you wish to exercise the above rights, we may ask you to provide evidence that the Products do not meet the legal requirements (see clause 9.1 (Your statutory rights)).
1.31 Notifying us when exercising your rights. If you inform us that you wish to exercise your legal rights to reject Products (see clause 9.3 above) that do not meet the legal requirements (see clause 9.1 (Your statutory rights), you must make them available for collection by us on the next delivery day in your area, as instruc ted by us, unless we inform you that it is not necessary on the occasion.
1.32Your rights under this clause 9 do not apply to faults, which result from fair wear and tear.
1.33 When you exercise your right to reject the Products as they do not comply with the Consumer Rights Act and get a refund, and we agree that you are entitled to a refund, we will reimburse the total price you paid for the rejected Products. When you exercise your right to price reduction, we will refund to you the difference between the price you paid for the Products and the reduced price.
1.34 Where any Product is reasonably expected to last more than six months, and you reject that Product after the first six months after delivery, we may reduce the refund amount by a deduction for use, to take account of the use you have had of the Product in the period since they were delivered.
1.35 We will make the reimbursement using the same method of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We will make the reimbursement without undue delay, and not later than within 14 days beginning with the day on which we agree that you are entitled to a refund.
7. ‘REFER A FRIEND’ PROGRAMS
1.36 Our referral programs. We provide a referral program after you sign up to our Big Red Box Subscription service where we give you a discount of 50% off your next full priced Big Red Box Subscription when you recommend us to your friend who subscribes to our Big Red Box Subscription service. Your friend will also receive their first delivery of cookies free of charge once they have subscribed to our Big Red Box Subscription service. You are given the “Refer a Friend” code in your Account which is specific to you and your Account after you have set up your Account and subscribed to our Big Red Box Subscription service. You can use this code up to a maximum of 4 times in each given 30 day period of your subscription for the Big Red Box Subscription service. We may from time to time also add other refer a friend code vouchers in the cookie delivery box you receive. However these codes do not give you any reward or discounts but your referred friend will receive their first delivery of cookies free of charge if they subscribe to our Big Red Box Subscription Service. Further details of the referral program will be set out on the relevant page on Website or on the voucher in your delivery box. This clause 10 applies to all such programs in addition to the specific referral program terms set out on our Website.
1.37Our terms that apply to all referral programs.
(a) To qualify for a reward your friend referral must be in respect of a person who is at least 18 years old, is not our existing customer, and meets all other specific program conditions as set out on our Website in respect of the relevant referral program.
(b) Before sharing your friend’s name or email address with us, you must ensure that your friend is happy for you to do so.
(c) You will only receive your 50% off your next Big Red Box Subscription where we have verified the referral and confirmed the account set up by your referred friend and you have not already applied any other discounts or offers to that Big Red Box Subscription. The refer a friend code voucher on your Account is for your use only and is connected to your Account and may only be used by you up to a maximum of 4 times in any given month.
(d) We may change or discontinue a referral program at any time and we do not represent that any referral program will continue to be available indefinitely. We will not be responsible to you for any loss you may incur as a result of us discontinuing a referral program.
(e) You must in connection with our referral programs:
(1) not contact or share any information (for example, a referral link or code) with any person you do not personally know;
(2) not send any spams, or undertake any bulk messaging or auto messaging;
(3) not request personal data from any person who is less than 18 years old, or display, reference, “tag”, or otherwise identify anyone who is less than 18 years old;
(4) not engage in any practices or communications which are misleading, offensive, deceptive, harmful, fraudulent, threatening, intimidating, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory, inflammatory, cause annoyance or needles anxiety to any person, are libelous or maliciously false, obscene, suggestive or sexually explicit;
(5) comply with all requests to stop communications about our referral program; and
(6) if you share your referral code or link or otherwise promote us on any social media, you must comply with the terms and conditions and the applicable policies of the relevant social media platform.
2. YOUR RIGHTS TO END THE CONTRACT
2.1 Closing your Account. You can close your Account and end the contract with us any time:
(a) If you do not have any active orders from our Shop or for Gifts, and you notify using one of the contact methods set out in clause 2 (How to contact us)) by 12 noon at least 2 days prior to your next Big Red Box Subscription Date. Your contract will end within 7 days after we receive your notification; or
(b) If you have any active orders from our Shop or for Gifts, you need to cancel your orders or Gifts as described in clause 7 (Cancelling, pausing or changing your order), and tell us that you wish to close your Account using one of the contact methods set out in clause 2 (How to contact us)) by 12 noon at least 2 days prior to your next Big Red Box Subscription Date. Your contract will end within 7days after we receive your notification and all your active orders have been cancelled.
2.2 You may end this contract if what you have bought is faulty or misdescribed . For details, please see clause 9 (Your rights if there is a problem with the Product).
2.3 If you are ending a contract with us for a reason set out at sub-clauses 11.1 (a) to (b) below, the contract will end immediately and we will refund you in full for any Products which have not been provided but have been paid for. The reasons are:
(a) there is a risk that supply of the Products may be significantly delayed or not delivered at all because of events outside our control (see clause 6.6); or
(b) you have a legal right to end your contract with us because of something we have done wrong, including because we have delivered late (see clauses 6.7) or because we have not or cannot supply the goods you paid for (see clause 6.5).
8. OUR RIGHTS TO END THE CONTRACT
2.4 We may end your contact with us at any time by writing to you if you break it in a serious way. For example if you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due (see clause 8) or do not provide us within a reasonable time of asking, information necessary for us to provide the Products to you
2.5 If we end the contract in the situations set out in clause 12.1:
(a) it will not affect our right to receive any money which you owe to us under this contract for Productss provided to you; and
(b) we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract;
2.6 Other reasons for ending the contract. Your contract with us may end:
(a) for the supply of a product if we withdraw a product (for details, see clause 6.5(b).
(b) automatically if we cease delivering in your area (for details, see clause 6.3).
(c) for the supply of Products to you if, after accepting your order, we notice that there was an obvious error in the pricing of a Product.
10. LIMIT ON OUR RESPONSIBILITY TO YOU
2.7 We do not limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; where section 31(1) if the Consumer Rights Act 2015 does not permit us to exclude or limit liability (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;); for defective products under the Consumer Protection Act 1987; or for any other matter which we may not exclude
2.8 Subject to clause 13.1 above, we are not legally responsible for:
(a) losses that:
(1) were not foreseeable to you and us when the contract was formed; or
(2) were not caused by any breach on our part; or
(3) it would have been reasonable to expect you to limit.
(b) business losses (including business interruption, loss of contracts and loss of profit); and
(c) losses to non-consumers (if for example you made a purchase for a business you own or work for).
12. INTELLECTUAL PROPERTY RIGHTS
2.9 Big Red Box, our logos and our other trade marks are trade marks belonging to us or our licensors. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. All intellectual property rights in our logos and our other trade marks, Shop and Website throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, our logos and our other trade marks, Shop and Website. Any goodwill derived from the use by you of our intellectual property rights will accrue to us or our licensors.
2.10 You must not remove any trade marks, service marks, labels or other legal or proprietary notices included in our Shop and Website, or attempt to modify any content obtained through our Website, including any modification for the purpose of disguising or changing any indications of the ownership or source of such.
13. OUR WEBSITE
2.11 How you may use our Website. In return for your agreeing to comply with these Terms, and subject to the rules and restrictions set out in clause 10.2 (Prohibited actions), clause 10.3 (Acceptable use restrictions), and other provisions of these Terms, you may: view pages from our Website in a web browser; download pages from our Website for caching in a web browser; print pages from our Website; stream audio and video files from our Website; and use our Website services by means of a web browser.
2.12 Prohibited actions. You agree that you will:
(a) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, the Website in any form, in whole or in part to any person without prior written consent from us;
(b) not display (in part or in whole) our Website as part of any public performance or display unless such use would not constitute a copyright infringement or breach legal rights of any person (including corporate entity) or is specifically permitted by us;
(c) not copy the Website, except as part of their normal use or where it is necessary for the purpose of back-up or operational security;
(d) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of our Website nor permit the Website or any part of them to be combined with, or become incorporated in, any other programs, applications or digital content except as necessary to use the Website on devices as permitted in these Terms;
(e) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Website to obtain the information necessary to create an independent program that can be operated with the Website with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the Website; is kept secure; and is used only for the Permitted Objective; and
(f) not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our Website.
2.13 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of the Website;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
(d) upload, store or transmit any data or any other content or material, or use our Website in any way, which is unlawful, and/or breaches any legal rights of any person (including intellectual property rights and data protection rights);
(e) use the Website in a way that could damage, disable, overburden, impair or compromise the App, Website, our systems or security or interfere with other users; and
(f) collect or harvest any information or data from our Website or our systems or attempt to decipher any transmissions to or from the servers running our Website.
2.14 We do not guarantee availability of our Website. We will use reasonable skill and care to provide our Website to you and to keep them safe, secure and error-free but we do not promise that your use of our Website will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our Website to you but we do not guarantee 100% availability. For example, our Website may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
2.15 Our Website may allow you to access, use or interact with third party apps, websites, content or other products or services. For example, you may choose to interact with a content share button on Website. Please note that:
(a) our Terms and our Privacy Notice only apply to our Website and your use of any third party products will be governed by the terms and conditions and privacy policies of the third party providers of such external products;
(b) such links to and integrations with third party products are provided for information or your convenience only and are not recommendations or endorsements by us of those external products or any information you may obtain from them;
(c) you will need to make your own independent judgement about whether to use any third party product. We are not responsible for examining or evaluating the content or accuracy of any third party product, and we will not be liable for any such external product;
(d) you are responsible for any fees incurred from any third parties in relation to your use of third party products.
2.16 You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier and other fees and taxes) in connection with your use of our Website on any device.
14. GENERAL TERMS
2.17 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
2.18 We may transfer our rights and obligations under a contract entered with you under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms .
2.19 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
2.20 Even if we delay in enforcing this contract, we can still enforce it later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
2.21 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible using one of the contact methods set out in clause 2 (How to contact us). If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you; and give you certain information required by law about resolving disputes through alternative dispute resolution, which is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
2.22 These Terms are governed by US law and you can bring legal proceedings in respect of the Products in the US courts. However this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts.