Last updated 12th January 2021
Box of Heat Limited’s (“Heat”, “we”, “us”, “our”) website(s) (our “Site”, or “Sites”) and related services are made available to you in accordance with our Terms & Conditions and any other rules posted on our Sites (collectively, our “T&Cs”). Please read the T&Cs carefully before placing any orders on www.heat.io. We recommend you should keep a copy of the T&Cs for your future reference.
If you have any questions about this site you can email us at firstname.lastname@example.org.
1.1 This Site is an e-commerce website, which enables Customers to purchase Boxes of Heat (“Boxes”, “Products”), containing items from a range of fashion brands.
2.1 "Customer" refers to individuals who have registered an account on this Site or who use Heat’s services.
2.2 “Box of Heat” refers to a box containing a selection of designer fashion items. Item quantities per Box will differ, depending on its combined retailed price. The items in each Box will amount to a total recommended retail price higher than the price of the Box. All Boxes are sold strictly on the basis that they contain mystery items, no confirmation of the contents of any Box is advised pre order. Any descriptions of items that may be included in a Box are for illustration purposes only. All items we advertise are subject to availability and the actual contents of your Box will be dependent on what items we have in stock at the time of your Order Confirmation. We cannot guarantee that your Box will contain any specific items either as advertised by us or requested by you. In the case of repeat orders, we cannot guarantee that items will not be duplicated unless multiple boxes are purchased on the same order.
2.3 “Pre-Order Boxes or Products” refers to when we make Boxes or Products available on our Site on a pre-order basis, usually as part of an upcoming promotion or collaboration. We will inform you at the time of your purchase if the Box or Product you are ordering is to be supplied on a pre-order basis. In these instances, we will provide you with an estimated dispatch date. If the estimated dispatch date does not meet your requirements, please do not continue with your order.
3.1 These T&Cs govern all use of the Site and of the Site's offered services. Access to and use of our Site and its services implies the express and unreserved acceptance of these T&Cs. Customers therefore confirm that they have read and understood these T&Cs before accessing the Site and/or using the services, and they undertake to comply with them.
ACCESS TO AND USE OF THE SITE AND ITS SERVICES
4.1 Heat strives to keep the Site accessible to Customers 24/7 unless otherwise specified. However, please note that we may occasionally suspend the service wholly or partially temporarily for technical reasons (including for maintenance purposes) without being liable to Customers.
4.2 In addition, Heat cannot be held responsible for:
- any exceptional circumstances such as, but not limited to, an event constituting force majeure or due to a third party;
- any technical harm related to and including programs, hardware, software or the Internet.
REGISTRATION ON THIS SITE
5.1 REGISTRATION BY CUSTOMERS
5.1.1 Customers may choose to create a Customer Account.
5.1.2 Customers undertake to provide all the information requested from them with accuracy and sincerity. Customers agree to update their information regularly in order to be as up-to-date as possible on the Site.
5.1.3 The Customer undertakes to refrain from any infringement of the rights of third parties.
5.2 VALIDITY OF INFORMATION
5.2.1 Customers agree to:
- deliver real, accurate, current information at the moment of their order and in particular not to use false names or addresses, or names or addresses without authorization;
- keep up to date the information provided to ensure accuracy of the service;
- not make available or distribute any unlawful, reprehensible (such as defamatory or racist information) or harmful (such as viruses) content in violation of applicable law.
5.2.2 In case of a breach of these provisions, Heat may suspend or terminate the access of a Customer to Heat’s services.
5.2.3 When a Customer adds information on their Customer Account, it claims to be the rightful owner of the information provided or is duly authorized to make public, as well as being in position to accept these present terms.
6.1 The use of this Site as a Customer is free of charge.
6.2 However, this Site enables Customers to buy Products. With regard to the sale of those products, specific conditions are set out in our T&Cs available here.
USE OF CONTENT
7.1 Heat grants you a personal, non-exclusive, non-transferable, revocable, limited licence, strictly to do the following only, for your personal, non-commercial use, to view; reproduce; print; cache; store; and distribute content retrieved from this Site via a generally available consumer web browser. The foregoing licence is granted on the condition that you comply with the restrictions on use described in these T&Cs and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on such content. You may not reproduce, print, cache, store, link to, frame, or distribute content retrieved from this Site for any commercial purpose whatsoever without the prior written permission of Heat or the copyright holder identified in the relevant copyright notice.
7.2 You agree not to modify the services that are provided on this Site in any manner or to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorised access to the services. You agree not to access the services by any means other than through the interface provided by Heat for use in accessing the services.
7.3 Except as expressly provided in these T&Cs, nothing in these T&Cs or on this Site shall be construed as conferring any other licence or right (whether expressly, by implication or otherwise) with respect to any intellectual property rights belonging to Heat and/or its licensors. All rights not expressly granted herein are reserved.
COPYRIGHTS AND INTELLECTUAL PROPERTY
8.1 All contents of this Site including text, presentations, illustrations, photographs, graphics and HTML codes are the exclusive property of Heat or its partners accordingly.
8.2 As such, representation, reproduction, nesting, distribution and redistribution, partial or total, is prohibited.
8.3 Any person, entity or group doing so without being able to prove the express consent of the copyright holder will incur the penalties for copyright infringement under applicable law.
8.4 Any authorized reproduction of all or parts of the Site's content, bear the marking “Copyright Heat. All rights reserved”, unless such requirement is expressly waived by the copyright holder.
BRANDS AND DOMAIN NAMES
9.1 The trademarks, logos and domain names on this Site are trademarks of Heat, or possibly one of its partners.
9.2 As such, any person, entity or group making any representation, reproduction, nesting, distribution or redistribution may incur the penalties provided under applicable law.
10.1 Heat’s activity entails the processing of personal data in accordance with Heat’s website Privacy Notice available here.
PASSWORDS AND SECURITY
12.1 Access to certain services on this Site may require you to choose a password. If you do so, you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session.
12.2 In creating an account, you agree not to (i) impersonate another person; (ii) use a name or email address which is subject to the rights of any person without their permission; or (iii) use a name that is offensive, illegal, or infringing. You are responsible for all activities that occur under your password or account.
12.3 You agree to notify Heat immediately of any unauthorised use of your password or account or any other breach of security. Heat accepts no liability for any loss or damage arising from your failure to comply with this paragraph.
THIRD PARTY SITES
13.1 The Site provides links to other sites on the internet operated by third parties. Because Heat has no control over such sites, you acknowledge and agree that Heat is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available through such sites.
13.2 You further acknowledge and agree that Heat shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site.
13.3 Finally, you acknowledge that Heat has no control over the terms and conditions and/or privacy policies of such third party sites and that such terms and conditions and/or privacy policies will govern your rights and obligations with respect to the use of those websites.
14.1 If you are under the age of 18, you should not register on this Site. If you use our Site or register for any services, we will assume, and you confirm, that you are 18 years of age or older.
OUR CONTRACT WITH YOU
15.1 Please check the details of your order carefully and correct any errors before completing the checkout process and placing your order (your order). We cannot guarantee that we can amend mistakes for you.
15.2 Once you have placed an order, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.
15.3 If we cannot accept your order, we will attempt to contact you to say that we are unable to accept your order. This is typically for the following reasons:
- Boxes or Products are unavailable (this may occur if we experience a significant volume of orders and we are unable to fulfil them);
- we cannot authorise your payment;
- you are not allowed to buy Boxes or Products from us;
- we are not allowed to sell Boxes or Products to you;
- there has been a mistake on the pricing or description of the Box or Product.
15.4 Acceptance of your order (Order Confirmation) and completion of the contract between you and us will be completed when we email you to advise the goods have been dispatched and to confirm your order number. Please make a note of this order number as you will need it if you have to contact us.
15.5 For Box purchases, items may vary from the pictures on our Site - the images of items on our Site are for illustrative purposes only and we do not guarantee that your Box will contain any specific items. 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 items. Your items may vary from those images.
15.6 Where we offer different types of Boxes, if you wish to make a change to the Box or Boxes you have ordered, please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Box, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
15.7 Garment sizing varies for each designer. Our curation team will select the best fit based on your selected size preference. So, for example, if you select a medium top, then the team may select a smaller or larger size, subject to the designers sizing, to accurately reflect a medium size garment.
15.8 We may change the items in your Box prior to dispatch to reflect changes in relevant laws and regulatory requirements.
15.9 We only supply Boxes and Products for domestic and private use. If you use any items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.
PRICE & PAYMENT
16.1 Boxes are priced according to the type of Box. The price of a Box includes any VAT or other sales tax (if applicable) but does not include the cost of delivery. The total price payable for your order will include the total price of all Boxes in your order and delivery charges. The total price payable will be displayed to you during the checkout process. Other Products displayed on our site are priced individually.
16.2 If the rate of any applicable VAT or other sales tax changes between your order date and the date we supply the Box or Products, we will adjust the rate of VAT or other sales tax that you pay, unless you have already paid for the Box or Products in full before the change in the rate of VAT or sales tax takes effect.
16.3 All Import taxes and duties are payable by the customer. We are not liable for any charges you may incur when your parcel arrives in your country. Any additional charges for custom clearance are out of our control and we cannot predict the value of what these charges may be. We receive no part of these fees and cannot provide you with a refund for these additional charges. For further information on custom charges policies in your country, please refer to your government's website.
16.4 In the unlikely event that the Box or Product we sell you is incorrectly priced, where this pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, cancel your order and refund you any sums you have paid or require the return of any Boxes or Products dispatched to you.
16.5 If you are a customer whose credit/debit card is not denominated in sterling (GBP), the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay. Any payment returns administered by us will be repaid in GBP at the same rate as was paid at the time of the transaction. This means that you may receive more or less than you paid at the time of the transaction, subject to the applicable exchange rate on the date of the return payment being administered.
17.1 The cost of delivery will be as displayed to you during the checkout process and will depend on the method of delivery you have chosen.
17.2 We are unable to deliver to PO boxes or forwarding addresses at this time.
17.3 Your order will be dispatched once: (a) payment has been approved; and (b) your delivery/billing address has been verified.
17.4 We may contact you if we need any information from you to complete your order. If you do not give us (or our courier dealing with delivery) this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to deliver your Box or Product and may end the contract. We will not be responsible for supplying a Box or Product to you late or at all if this is caused by you not giving us (or our courier) the information we need within a reasonable time of us asking for it.
17.5 If your Box or Product is delayed by circumstances out of our control, we will contact you to provide an estimated timeframe and reasoning where applicable. We will not be liable for any delivery setbacks caused by extenuating events.
17.6 Your order is insured against theft and accidental damage during delivery. Once your purchases have been delivered to the specified address and signed for, they are no longer covered by insurance. If you are unavailable when your package arrives, our courier will make two more attempts to deliver your purchase.
17.7 You may be able to waive the signature requirement with the courier if they offer flexible delivery options. Please be aware that if you opt for the no signature option, you take full responsibility for any loss or damage that may occur.
17.8 Please note that our couriers cannot leave Boxes or Products on a high street or enter a tower block without entry access.
17.9 Once your order has left us, you will receive an email containing a tracking number to track its progress online. If you are a registered customer, you can also follow your delivery by signing into your account and selecting 'My Orders'.
17.10 We aim to have all orders dispatched within 3-5 working days of your Order Confirmation. However, due to the increase in orders from 27th November 2020, including our Black Friday promotion, all orders will be dispatched in accordance with our logistic partner’s (DHL) schedule for Christmas delivery. Our aim being for all customers to receive their boxes in time for Christmas.
17.11 Where your Box or Product is to be supplied on a pre-order basis, we will aim to dispatch your Box or Product in accordance with the estimated time provided to you at the time you place your order.
17.12 Please note that unfortunately we cannot dispatch orders on Saturdays, Sundays, Bank Holidays, Christmas Day, Boxing Day and New Year’s Day.
YOUR RIGHT TO CHANGE YOUR MIND
18.1 If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to change your mind and end the contract at any time during the 14 days from the date you place your order. To exercise the right to cancel, you must inform us by letter, which must include your order number and delivery address to: Notice of Contract Cancellation, Customer Care Department, Box of Heat Limited, Unit 12 A, 31 East Business Park, Kingfisher Way, Dinnington, S25 3AF, England or email us at: email@example.com.
18.2 The cancellation period will expire 14 days from the day after the day on which your order was placed.
18.3 We are under a legal duty to supply products that are in conformity with the contract and nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
18.4 We promise that any items purchased through our Site will be of satisfactory quality and fit for their purpose. If this promise is not met, you may request for a full refund.
18.5 For orders cancelled under the ICACR, we will issue you with a full refund including the shipping cost paid by you, if the Box or Product has not at that stage been dispatched. If the Box or Product has been dispatched, you will not be reimbursed the delivery charge and will need to follow our returns process (see 20. Below).
18.6 We will make reimbursement without undue delay, and not later than:
18.6.1 14 days after the day we receive back from you any of the Box or Product supplied; or
18.6.2 If no Box or Products were dispatched, 14 days after the day on which we are informed in writing about your cancellation.
OUR RIGHT TO END THE CONTRACT
19.1 We may end the contract at any time by writing to you if:
19.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
19.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Box or Product for example, delivery address or arrange for re-delivery where our courier has been unable to deliver;
19.1.3 you do not, within a reasonable time, allow us to deliver the Box or Product to you.
19.2 If we end the contract in the situations set out in clause 19.1 we will refund any money you have paid in advance for any Box or Product we have not delivered but we may deduct a sum as reasonable compensation for the net costs we will incur as a result of you breaking the contract.
19.3 If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or if you fail any of our fraud detection or anti money laundering detection checks, HEAT has the right to stop or cease to fulfil the order (or part thereof) at any time and shall incur no liability in such circumstances.
20.1 If you wish to return your Box or Product, you must do this within 14 days of receiving your order. The Box or Product must be received by us within 14 days or proof that it has been mailed within the 14 day period for the return to be valid.
20.2 Your right to return an order will expire 14 days from the day after the day on which your order was received.
20.3 You will have to bear the full cost of returning the goods to us, including any customs charges or duties that may be payable, except in cases where there is damage, defects or incorrect sizes, and in such cases we will issue a returns label at our cost. All damage, defects and incorrect sizes must be reported to us within 48 hours of receipt by email to firstname.lastname@example.org including your name, order number and photographic evidence. If you choose to use our preferred logistics partner, DHL, we can provide a return shipment quotation that will have the flexibility for you to arrange a collection or drop off date to suit you, and for returns from outside of the UK, will ensure that no additional duties or charges will be payable. If you choose to select a carrier other than DHL for returns outside of the UK, your refund, if applicable, will only be issued on receipt of written confirmation from your carrier that all duties and charges have been paid by you. Please be aware that this process can take several weeks.
20.4 When sending a return, please include your order number and sender details inside your box to allow for easy identification and prompt processing. Unidentified returns will not be actioned
20.5 Any Box you wish to return must be returned in its original packaging and must contain its original items. Other Products (i.e. not HEAT Boxes) should be returned in suitable packaging. For any returns from outside of the UK, clearly mark on the box “UK MERCHANDISE RETURN” See attached illustration:
20.6 In the case of multiple boxes being purchased, you cannot mix items from different Boxes in order to return a Box. This is because items have been specifically curated for a particular Box so that the recommended retail price for all items contained in the Box meets our minimum requirements.
20.7 If boxes are returned containing items from different boxes (i.e. not from their original Boxes) you will be required to keep all Boxes and no refund will be made. In these circumstances, we reserve the right to charge a sum as reasonable compensation for the net costs we will incur as a result of you breaking the contract in addition to the return shipping costs which will be paid by you.
20.8 For accepted returns, we may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
20.9 We may make a deduction of £15.00 from the reimbursement for any damage to the original Heat Box provided with your purchase or if the original Heat box is not returned to us.
20.10 The address for returns is: Returns, Box of Heat Limited, Unit 12A, 31 East Business Park, Kingfisher Way, Dinnington, S25 3AF..
20.11 If we choose to supply and you agree to accept a replacement box or boxes, shipping is complementary, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore if any relevant import duty and tax charges apply these will be payable by the customer. Non-UK customers may be able to recover these duties and charges by contacting your local custom’s bureau or by hiring a customs broker.
20.12 Items should be returned unused and with any Heat and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused. In these circumstances the shipping will be paid for by the customer before dispatch. We can advise a shipping cost or the customer can arrange a collection.
20.13 Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
20.14 All shoes should be tried on a carpeted surface before wear.
20.15 Boxers, briefs, and swimwear should be tried on over underwear. Returns will not be accepted if items are soiled.
20.16 Goods are only classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty.
20.17 We make every effort to display as accurately as possible the colours of our products that appear on Heat.io. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
20.18 We are under a legal duty to supply products that are in conformity with the contract and nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
20.19 We promise that any items purchased through our Site will, be of satisfactory quality and fit for their purpose. If this promise is not met, you may request for a full refund.
20.20 We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.
20.21 Please note that we will only ever be able to return the items to you directly, and not to any third party or company.
20.22 Where a refund is agreed, we will make reimbursement without undue delay, and not later than 14 days after the day we receive back from you any of the Box, Boxes or Products supplied.
20.23 All reimbursements will be paid back via the original payment method/account/card.
OTHER PARTIES WHO MAY PERFORM THE CONTRACT
21.1 You agree that we may instruct other persons, companies or firms to carry out our obligations under the contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of your Boxes to you. You may refer to their terms and conditions for further details and information as regards their services.
HOW WE MAY USE YOUR PERSONAL INFORMATION
APPLICABLE LAW AND COMPETENT JURISDICTION
23.1 The T&Cs shall be governed by the laws of England and Wales.
23.2 If a specific clause of these T&Cs is declared null, that clause shall be deemed unwritten. However, this should not invalidate the successful registration of a Customer, the entire T&Cs, or the terms and conditions accepted by the Customer.
UPDATES TO THESE TERMS AND CONDITIONS
24.1 We may modify our T&Cs from time to time. Please read the T&Cs and check back often. If you do not agree with any change to the T&Cs you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make a change by law.
24.2 Except as expressly provided in these Terms, any changes we make to our T&CS will be effective immediately upon being posted on the Site. Your continued use of our Site following the posting of any such changes constitutes your acceptance of them.
If you have any question related to our services or to the T&Cs please contact us at: email@example.com.
Box of Heat Limited is a company registered in England and Wales with Company Number: 12290896. Our registered office is 10 Philpot Lane, London, England, EC3M 8AA. Our VAT number is 337137210