Terms & Conditions_
BOX OF HEAT
TERMS & CONDITIONS FOR THE SUPPLY OF BOXES
Before placing your order for a Box, please note that we do not guarantee any particular items advertised on our Site will be included in your Box. All items are subject to availability.
Last updated 30/04/2020
These terms and what they cover
- These are the terms and conditions on which we will supply Boxes to you (terms) (see clause 3 below for details about what is in a Box).
- Please read these terms carefully before you place your order with us. These terms tell you who we are, how we provide Boxes to you, how you and we may change or end the contract, what to do if there is a problem with your Box or its contents and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- You may only buy Boxes from our Site for non-business reasons.
- By ordering a Box from our site https://heat.io (our Site) you agree to be bound by these terms and that they form basis of the contract between you and us for the supply of the Box.
We draw your attention in particular to our Privacy Notice, Returns Information and the following clauses of these terms:
- clause 3 (What is a Box);
- clause 6 (Changes);
- clause 7 (Price and payment)
- clause 8 (Delivery);
- clause 9 (Your right to change your mind and end the contract);
- clause 10 (Our rights to end the contract);
- clause 14 (Our responsibility for loss or damage suffered by you).
- In these terms:
- we, us, or our means Box of Heat Ltd, a company incorporated in England and Wales with Company Number: 12290896. Our registered office is 10 Philpot Lane, London, England, EC3M 8AA. Our VAT number is 337137210;
- you or your means the person whose details are set out in the order to be submitted to our Site.
How to contact us
- You can contact us by emailing us at firstname.lastname@example.org or writing to us at: 10 Philpot Lane, London, England, EC3M 8AA.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
What is a Box?
- Each Box contains a selection of designer items hand-picked by our team. 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. Any descriptions of items that may be included in a Box are for illustration purposes only. All items we advertised are subject to availability and the actual contents of your Box will be dependant on what items we have in stock at the time of your Order Confirmation.
- Whilst we endeavour to pick items for your Box similar to those shown on our Site; we cannot guarantee that your Box will contain any specific items either as advertised by us or requested by you.
- Pre-Order Boxes – We may occasionally make Boxes available on our Site on a pre-order basis, either as part of an upcoming promotion or when we need to source further items to supply a particular Box.
- We will inform you at the time of your purchase if the Box 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.
- Our contract with you
- 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 always guarantee that we can amend mistakes for you.
- 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.
If we cannot accept your order - We may contact you to say that we are unable to accept your order. This is typically for the following reasons:
- Boxes or items 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 from us;
- we are not allowed to sell Boxes to you;
- you have ordered too many Boxes; or
- there has been a mistake on the pricing or description of the Box.
- Acceptance of your order (Order Confirmation) and completion of the contract between you and Heat will be completed when we email you to confirm the goods have been dispatched.
- Your order number will be assigned to your once you accept your order. It would be helpful if you could refer to it in all following correspondences when contacting us.
- We reserve the right to only accept orders from people who are over the age of 18.
- 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.
- Box packaging may vary - The packaging of your Box may vary from that shown in images on our Site.
- Your rights to make changes - 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 (see clause 9 - Your right to change your mind and end the contract).
- Our right to make changes - We may change the items in your Box prior to dispatch to reflect changes in relevant laws and regulatory requirements.
Price and payment
- Boxes are priced according to the type of Box and number of items in the 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 (see clause 1 below). The total price payable will be displayed to you during the checkout process.
- If the rate of any applicable VAT or other sales tax changes between your order date and the date we supply the Box, we will adjust the rate of VAT or other sales tax that you pay, unless you have already paid for the Box in full before the change in the rate of VAT or sales tax takes effect.
- We are not liable for any applicable charges you may incur when your parcel arrives in your country. Any additional charges for custom clearance are our 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 policies in your country, please refer to your government's website.
- It is always possible that, despite our reasonable efforts, some of Boxes we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Box’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Box’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Boxes dispatched to you.
- 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.
- Save where your Box is to be supplied on a pre-order basis, provided we have the items in stock, we aim to have your items picked, packed and your Box dispatched within 5-7 working days of our Order Confirmation.
- Where your Box is to be supplied on a pre-order basis, we will aim to dispatch your Box in accordance with the estimated time provided to you at the time you place your order.
Delivery options - Where you have chosen and paid for:
- standard delivery: your Box will be delivered between 7-10 working days following the date of dispatch;
- express delivery: your Box will be delivered between 1-3 working days following the date of dispatch.
Please note that unfortunately we cannot deliver on Saturdays, Sundays, Bank Holidays, Christmas Day, Boxing Day and New Years Day.
- Our Order Confirmation may contain an estimated delivery date and we reserve the right to deliver your Box at any time on the estimated day of delivery.
- Your order will be dispatched once: (a) payment has been approved; and (b) your delivery/billing address has been verified.
- Our courier will make reasonable efforts to deliver your Box. If you are not at the address provided for delivery when a delivery attempt is made and you have not provided us or our courier with any further instructions in relation to delivery (e.g. to leave the Box in a safe place), our courier will try to contact you or leave the Box with a neighbour. You will receive an email from the courier with the attempted delivery action that has been taken. Unfortunately, our couriers cannot leave Boxes on a high street or enter a tower block without entry access. If despite our (and our courier’s) reasonable efforts, we are unable to contact you or re-arrange delivery or you fail to collect them from the delivery depot we may end the contract and clause 2 will apply.
- A Box will be your responsibility from the time our courier delivers the Box to the address you have provided to us during the order process. You will own the Box and items contained in the Box once we have received payment in full and the Box has been delivered to you.
- 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 and may end the contract. We will not be responsible for supplying a Box 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.
- If your Box 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 set backs caused by extenuating events. However, if there is a risk of substantial delay (anything exceeding 25 working days), you may contact us to end the contract and receive a refund for any Boxes you have paid for but not received.
Your legal rights if we deliver Boxes late - You have legal rights if we deliver a Box or where the contract is for multiple Boxes, the Boxes late. If we miss the delivery deadline for the Box then you may treat the contract for such Box as at an end straight away if any of the following apply:
- we have refused to deliver the Box;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery - If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 12, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery - If you do choose to treat the contract as at an end for late delivery under clause 12 or clause 8.13, you can cancel your order for the Box or the Boxes where the contract is for multiple Boxes. Where the contract is for multiple Boxes you can reject or cancel the order for some of the Boxes (and not all of them). Any Boxes you wish to return must contain their original items, you cannot mix items from different Boxes in order to return a Box as items have been specifically picked for a particular Box so that the recommended retail price for all items contained in the Box meet our minimum requirements. If you split items up (from their original Boxes) you will be required to keep all Boxes, as splitting items up from their original Boxes could significantly reduce the value of a returned Box. After that we will refund any sums you have paid to us for the cancelled Boxes and their delivery. If the Box(es) have been delivered to you, you must post them back to us.
Your rights to change your mind and end the contract
- Your rights to end the contract will depend on whether there is anything wrong with the items in your Box, how we are performing the contract and when you decide to end the contract.
- You have the right to change your mind and end the contract without giving any reason during the 14 days from the date we deliver the Box(es) set out in our Order Confirmation by emailing us at email@example.com confirming that you wish to end the contract, your order number and delivery address or you can use the model withdrawal form at the end of these terms.
- Your right to change your mind relates to:
- all items in the Box; and
- where more than one Box is delivered or to be delivered to you (as confirmed in our Order Confirmation) all Boxes which are the subject of the contract.
Each Box is counted as a whole product, it is not to be partially returned or interchanged with the contents of another Box. We will only provide refunds for the return of your Box, in its original, untampered condition. Returns that do not meet our policy will not be accepted and will be sent back to you.
- You may also end the contract for the following reasons by emailing firstname.lastname@example.org and providing us with your order number and delivery address:
- if we have told you about a material error in the price or description of the Box you have ordered and you do not wish to proceed;
- we have suspended supply of the Box for technical or sourcing reasons, or notify you we are going to suspend them for technical or sourcing reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong (you may have a legal right to end the contract where, for example, the Box you have bought contains items that are faulty or mis-described or we have breached these terms).
Under these circumstances, we will refund you in full for any Boxes which have not been provided.
- Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Box is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Boxes not delivered but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- If you end the contract for any reason after a Box has been dispatched to you or you have received the Box, you must return the Box to us. Further information on returning Boxes please see our Returns Information.
Our rights to end the contract
- We may end the contract at any time by writing to you if:
- 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;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Box, for example, delivery address or arrange for re-delivery where our courier has been unable to deliver your Box;
- you do not, within a reasonable time, allow us to deliver the Box to you.
- If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for any Box we have not delivered but have received payment for but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract at any time by writing to you if:
- Cost of returns
- We will cover the costs of returning a Box to us if:
- Any items in your Box are faulty or misdescribed
- You have been informed of an upcoming change to the items in your Box of these terms, an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.
- We will cover the costs of returning a Box to us if:
Unless we are at fault, we are not liable for any return costs from events beyond our reasonable control.
In all other circumstances, if you wish to fulfil a return (including where you are exercising your right to change your mind) you must pay the cost of return yourself. We can assist you with a collection service by our preferred courier. However, the price of delivery fluctuates and may not always match the standard delivery cost.
We prefer that items are returned to us via our delivery partners to ensure that they are protected and insured. You can return your Box using any delivery courier of your choice, but we may not accept liability.
- Refunds and deductions from refunds if you are exercising your right to change your mind
- We will refund you the price you paid for the Box including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- If you are exercising your right to change your mind:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the items in your Box, if this has been caused by your handling them in a way which would not be permitted in a shop, for example if you have removed any tags, worn or used any of the items. If we refund you the price paid before we are able to inspect the items and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer, which in most cases will be standard delivery costs. For example, if we offer delivery of a product within 7-10 working days at one cost but you choose to have the product delivered by express delivery within 1-3 working days at a higher cost, then we will only refund what you would have paid for the cheaper (standard) delivery option.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- if you are arranging for the return of the Box, your refund will be made within 14 days from the day on which we receive the Box back from you or, if earlier, the day on which you provide us with evidence that you have sent the Box back to us;
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind and you have posted back the Box to us.
If there is a problem with the items in your Box
- If you have any questions or complaints about the items in your Box, please contact by emailing email@example.com.
- 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.
- We promise that any items purchased through our Site will, on delivery, be as described on our Site, of satisfactory quality and fit for their purpose. If any items contained in your Box do not meet this promise, you may request for a full refund.
- Our responsibility for loss or damage suffered by you
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; and
- breach of your legal rights in relation to Boxes and items contained in Boxes; and
- for defective products under the Consumer Protection Act 1987.
- We only supply the Boxes and their items 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.
- How we may use your personal information
Other parties who may perform the contract
- 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.
- Other important terms
- We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- The contract is between you and us. No other person shall have any rights to enforce any of its terms.
- When we use the words writing or written in these terms, this includes emails and notices posted on our Site.
- Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which country's laws apply to any disputes?
- Both you and we agree to the non-exclusive jurisdiction of the English Courts, and therefore you can bring legal proceedings in England or the country where you live.
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Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To : Box of Heat Ltd, 10 Philpot Lane, London, England, EC3M 8AA
Boxes to be returned to : Agenzie Riunite SRL, Via Carabelli 1, Cassano Magnago 21012 (Varese)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate