PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS GOVERN YOUR USE OF THE SERVICES IN GENERAL. BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. YOUR USE OF THE SERVICES IS ALSO GOVERNED BY OUR PRIVACY NOTICE AVAILABLE HERE AND YOU CONSENT TO ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION CONSISTENT WITH OUR PRIVACY NOTICE.
IF YOU ARE IN THE UNITED STATES – ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
- Eligibility for purchases. You represent to us that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether simply browse, use, or access the Website, or whether you simply purchase any of the products offered. By using the Services, you represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) your use of the Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue inaccurate, not current or incomplete, we have the right to suspend or terminate your orders and/or purchases and refuse any and all current or future use of the Services (or any portion thereof). If you do not agree to the Agreement, you may not use the Services.
- Age for purchases. You must be at least 18 years old to effect a purchase on the Website.
- Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Services or changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through the Services, the third party that makes Services available to you, or on the Website. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Services you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Website.
- Prohibited Activities.You may not access or use the Website for any other purpose other than that for which we make it available. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, fraud, spamming, copyright infringement, patent infringement;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another person;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
- Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
- Termination or Suspension. We may terminate or suspend your access to any Services, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Services in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Services.
2. Intellectual Property Rights
- The content on the Website, including without limitation, the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under the applicable laws and where relevant foreign laws and international conventions. Products on the Website are provided to you AS IS for personal use only and may not be used, reproduced, distributed, displayed, or otherwise exploited for any other purposes whatsoever without the prior written consent of us. Company reserves all rights not expressly granted in and to the Website and such products. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or enforce limitations on use of the Website or the products therein.
3. Usage Rules
- Changes to the products. The products shown on the Website are constantly evolving and might change over time. We reserve the right to make such changes or, if necessary, discontinue such products. If required by law, we may also need to suspend, restrict, or terminate your access to the Services.
- Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services. You are required to review the minimum requirements necessary for use of the specific Services.
- Mobile Networks. When you access the Services through a mobile network, data and other rates and fees will apply.
- Consent to Notifications. When you use the Services, you may be given the opportunity to consent to receive communications and notifications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, or through the relevant settings on the Website (as applicable).
- Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Services, or our other intellectual property, that are commercial or business related, including used in marketing or branding, or that advertise or offer to sell or promote Services or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
- Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website.
4. Reliance on information posted
- You understand that the Services and the products offered for purchase on the Website are for your personal, noncommercial use as a consumer, and are intended for informational and entertainment purposes only (where applicable).
- We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor and/or user of the Services, or by anyone who may be informed of any of its contents.
5. Pricing and Payments
- As part of the provided Services, we offer hobby and craft boxes, as well as other related services, for a specific amount. You agree to pay such amount(s)for products that you purchase or pre-order, and you authorize us to charge you for the same with your selected payment method. Such amount(s) will be charged whether you eventually use the purchased or pre-ordered products or not. You are responsible for paying all amounts charged, as well as any applicable, delivery charges and subsequent taxes in a timely manner. No order will be processed unless we have received adequate payment for the purchased or ordered products.
- Delivery charges may vary based on your location and other factors. All amounts charged to you will always be calculated in US dollars; therefore, the final amount(s) charged to you may vary depending on prevailing currency exchange rates offered by our payment providers.
- We may run promotions and sales for our products, during which certain product is available at discounted prices for a set period of time. The price applicable to the product will be the price at the time you complete your purchase.
- You shall provide us with information regarding your credit card or other payment instrument. You represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that we may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then applicable amount(s) to your updated payment method.
- Some products shown on the Website might be available for pre-order.
- Pre-ordered products will be charged at the time of placing the pre-order and processed via the same methods of payment.
- The expected release date of the pre-ordered product will be expressly noted on each product’s page, subject to reasonable delays. The expected release date is only an estimate, and may be subject to change, and we do not represent or warrant that it will be available for release on the expected release date.
- You shall be informed via the provided contact email, should there are any delays to the expected release date of pre-ordered product.
- Refunds for pre-ordered products may be requested as per the Refund’s section of this Agreement and are subject to the terms and conditions mentioned therein.
7. Returns and Refunds
- If within the first 30 days after you purchased or pre-ordered a product you changed your mind, we will refund the full amount of your purchase and subsequently terminate the order.
- In case you wish to proceed with a full refund, please note the following:
- Refunds are not be available if requested after the 30-day period after delivery of the purchased product;
- If you have paid for pre-ordered product, refunds will be available if they are made before the declared released date, or within 30 days of placing the pre-order;
- Purchased products must be returned to us within 30 days from informing us of such intention of yours. You agree to bear such return shipping costs.
- To request a refund please contact us at firstname.lastname@example.org and include the following information:
- your email associated with your account,
- the exact name of the box that you want the refund to be issued, and
- the reason why you’d want a refund for this box.
- Successful refund requests will be applied to your original payment method less an admin cost charged directly by the payment provider for the transaction usually not exceeding 3%. Please, remember that this may take several days to be reflected in your account, depending on the time your bank takes to handle these payments.
- Partial refunds are not available.
- If the original charge underwent currency conversion, the refunded amount converts back using the same process. There are no fees to refund a charge, but the fees from the original charge will not be returned.
- You will normally see the refund as a credit within 30 days of receiving your request. This period of time may be extended if we haven’t received the purchased products or solid evidence that you have returned them. Refund payments cannot be cancelled after they are issued, and disputes and chargebacks are not possible on credit card charges that are fully refunded.
- Refunds can only be sent back to the original payment method used in a charge. It is not possible to send a refund to a different destination (e.g., another card or bank account).
- Refunds to expired or cancelled cards are handled by the customer’s cards issuer and, in most cases, credited to the customer’s replacement card. If no replacement exists, the card issuer usually delivers the refund to the customer using an alternate method (e.g., bank account deposit).
- Refund expenses are usually 1.4% + 0.25EUR for European Economic Area cards (+1.1% for UK cards) and 2.9% + 0.25EUR for international cards.
- You, as a consumer, have a 2 (Two) year legal guarantee, as a protection against faulty goods or goods that don’t look or work as advertised.
- If the product turns out to be faulty or doesn’t look as advertised or has a particular defect, you may submit a request at the email address mentioned hereinabove, requesting to either replace the product, reduce the price, or cancel the agreement and obtain a reimbursement in full. Depending on the circumstances you will not bear any charges (e.g., postage) for exercising this right of yours. It is hereby understood that we may offer price reduction or a full refund if replacement is (a) not possible, (b) it would be too expensive, given the nature of the product / defect, (c) cannot be completed by us within a reasonable time.
- We shall follow all reasonable and acceptable business practices so to ensure that there are no interruptions or shortages within our supply chain. However, should there is any shortage of stock or if there are any other reasons causing the purchased or pre-ordered product to become unavailable, we reserve the right (at our sole and absolute discretion) to proceed with either a refund or suggest an alternative product for your consideration. In the case where you are offered an alternative product and you refuse such proposal, we shall proceed immediately with a refund.
- It is hereby clarified that upon receipt of the refund amount or delivery of any alternative product(s) pursuant to the terms of this section (as the case might be under the circumstances), all claims and/or demands relating to this matter shall be deemed settled and you shall not pursue any further claims against us whatsoever.
8. Shipping and Deliveries
- Shipping and delivery of all purchased products shall be handled and processed by an internationally recognized courier service company. Subject to the terms and conditions contained herein, we shall not assume any responsibility for any non-delivery or any other reason whatsoever following dispatch and collection of the purchased products by such a courier service company.
- Shipping times and delivery charges may vary depending on your delivery location. After you have selected the delivery location, you will be given an estimated delivery date.
- Any date or period of delivery shall be considered as indicative only. It is our policy to try to dispatch all orders (available in stock and ready to ship) within 5 (Five) working days. Any products not available at the time of your order, or pre-orders, will be shipped as described on each product’s page.
- Delivery may be delayed due to situations beyond our control, e.g., customs delays, adverse weather conditions or increase in demand. We shall not bear any responsibility for such delays.
- Delivery charges will be confirmed at checkout.
- When your order is placed, you will receive a confirmation email with the order details and the delivery information, including information on how to track your order (as provided by the shipping / delivery courier).
- Depending on your location, the shipping / delivery courier may charge you an additional custom’s clearance fee, payable on site and at delivery. You may want to contact your local customs office for further information before placing your order. Please note that we have no control over these charges and we cannot predict such fees.
- We deliver to the countries listed on the Website, subject to our absolute discretion. However, there might be some restrictions on some products for certain destinations, so kindly review the relevant information carefully before placing an order.
- You will assume the risk of the products once they have been delivered to the address specified on your order. We will not accept any liability for undelivered products where you provide an incorrect or invalid delivery address and/or fail to collect the products from the delivery address specified, following our reasonable efforts to contact you to deal with this. In the event of an order being lost by a third party which has either been authorized by you to accept the products or a courier commissioned by you to deliver the same, we bear no risk once it has delivered to them.
- If you believe that the parcel has been tampered with, it is your responsibility to refuse acceptance of the product and contact us for further information.
9. Disclaimers and Limitation on Liability
- THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
- It is your responsibility to ensure you follow the Website instructions, have the minimum system requirements, update any required software as recommended, and consult us if you encounter a problem with the Services.
- We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
- We are not liable for business losses. We only supply Services for your personal, non-commercial, and domestic use. If you use the Services for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
- WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE SERVICE(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
- WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
- IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT OF THE PURCHASED SERVICES.
- ANY RECALLED ITEMS AND RELEVANT INFORMATION AND GUIDELINES WILL BE POSTED ON THE WEBSITE.
10. Health and Safety
- All products sold on the Website, undergo rigorous quality and safety inspections as part of a US and EU accredited and certified manufacturing process.
- You undertake and warrant that you will follow all instructions and/or any warning labels written on the packaging of the purchased product and/or in any instructions contained therein as to age recommendations, age warnings, general suitability or supervision warnings, health and safety parameters and/or warnings and/or general hazards (list should not be regarded as exhaustive).
- No responsibility shall be borne by us for your non-compliance with any instructions and/or warnings described in this Agreement.
11. Binding Arbitration and Class Action Waiver (Applicable to US users only)
- PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor us will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
- You and our agreement to arbitrate, as provided below, all disputes between you (including any related disputes involving us, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and us empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
- In the event of a dispute, you or us must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to email@example.com, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and us will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
- If you and us do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and our agreement to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
- In accordance with the JAMS Rules, the party initiating the arbitration (either you or us) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
- Except as provided above with respect to jurisdiction in Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by us to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or this Agreement.
12. Additional Provisions
- Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, only before the courts of the Republic of Cyprus and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Choice of Law. This Agreement is governed by and construed in accordance with the laws of the Republic of Cyprus, without giving effect to any conflict of law principles.
- Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution.
- Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.