Agreement to Terms and Conditions
1.1 Acceptance to Terms and Conditions
1.1.1 This website www.tiddlybox.com (“the website”) is owned by Tiddly Box Ltd. References to ‘our’ ‘we’ or ‘us’ are references to Tiddly Box Ltd. We are a registered company in England and Wales (company number 10773757) and our registered office and address is:
Tiddly Box Ltd
71-75 Shelton Street
1.1.2. By accessing, browsing or using the website, you acknowledge that you have read and agreed to be bound by these Terms and Conditions. If you do not agree to these, you should not use or access the website.
1.2 Changes to Terms and Conditions
1.2.1 At our sole discretion, we reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions. The Terms and Conditions applicable to your access to and use of the website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 1st December 2017.
1.3 Accounts and Billing
1.3.1 By logging into your account and clicking on the relevant section of the website, you can find the details regarding your Tiddly Box subscription.
1.4 Other applicable terms
Use of the website
2.1 You agree not to email, post, upload, send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the website.
2.2 You agree not to interfere with the servers or networks underlying or connected to the website or our services or to violate any of the procedures, policies or regulations of networks connected to the website.
2.3 Use of the website is restricted to personal, non-commercial use only. All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not copy, modify, reproduce, de-compile or reverse engineer any of the materials, software or content on the website without our written permission.
2.4 When using the website, you agree not to impersonate any other person or conduct yourself in an inappropriate manner while using our website, or use the website for any harmful, illegal or immoral purpose.
2.5 Using the website in an unlawful manner or any way that may damage our name or reputation or that of our affiliates, is strictly prohibited.
2.6 As a user, you are responsible to ensure that your computer system is compatible with the website and meets all the necessary technical specifications to enable you to use and access the website.
2.7 At our sole discretion, we may occasionally restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
2.8 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
2.9 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.1.2 below) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org
Intellectual Property Rights
3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
3.1.2 “User Material” refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including in your User Material) regarding the website or our service (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
3.2 External Links
3.2.1 Occasionally the website may also include links to other websites that we do not control, for example this website, www.flowersbyflourish.com here. They do not imply that we endorse the third party website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
4.1 In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.
4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
4.3 When signing up you need to provide:
- your full name;
- a child’s full name, gender and date of birth;
- a valid and current email address;
- your delivery address; and
- your payment card details
4.4 You permit that all information you provide to us when registering an account is true and accurate to the best of your knowledge. You must ensure the information in your account is updated with any relevant changes.
4.5 By signing up and creating an account you agree to receive direct marketing offers from Tiddly Box Ltd using information provided during the registration process.
We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.
4.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
Availability of Website
5.1 We strive to provide our customers with the best service, however, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs whilst using the website, please report it to us (see below for contact details) and we will correct the fault as soon as possible.
5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as possible. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at email@example.com
Purchase of Boxes
6.1 Except for orders placed on our Gift page, when you purchase a subscription and register an account on the website you will automatically be signed up to receive a regular delivery of our products (monthly). You can manage your orders at any time. Please see our FAQs for more details.
- Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
- No order is accepted from you until our website displays an order confirmation message followed by an email.
- We select the products included in the boxes sent to you based on the age of your child(ren) and reserve the right to decide what boxes are sent.
- With any subscription, you cannot choose the products that you receive.
Discounted Offers & Competitions
7.1 Discount introductory offers are only available to new users of the website. Except where stated, previous users of the website do not qualify for an additional special offer.
7.2 Discount introductory offers apply only to the first account opened per household. It must not be used in connection with multiple accounts created or controlled by the same person.
7.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
7.4 You must have internet access and valid payment details to redeem a discounted offer.
7.5 You will be charged the full price for boxes after your discounted offer. We will continue to bill you by your chosen payment method for the service until you cancel scheduled boxes.
7.6 Discounted offers are only valid for deliveries within the United Kingdom.
8.1 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Tiddly Box Ltd will submit periodic charges (e.g. monthly, quarterly, half yearly or annually depending on your chosen plan) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Tiddly Box Ltd could reasonably act. To terminate your subscription (in accordance with section 10) or change your payment method, log in to your customer account.
8.2 By subscribing to Tiddly Box Ltd you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the form you have completed, subject to variation in accordance with 8.3 below. You can cancel your subscription at any time (in accordance with section 10). You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription with you. You will be charged an initial payment for your chosen subscription plan upon checkout. For monthly, three month and six month plans, recurring payments will be taken on the 1st of the expiration month. For twelve month plans, recurring payments will be taken annually on the same date you made the initial purchase.
8.3 Auto-renewal. Following your initial subscription period of a monthly, three, six or twelve month subscription, your Tiddly Box subscription will be automatically renewed.
8.4 Account Cancellations. You may opt out of automatic renewals (in accordance with section 10). Any pre-paid fixed subscriptions or pre-paid gift plans of one, three, six or twelve month subscriptions cannot be cancelled before the term completes and will not be eligible for a refund.
8.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
8.6 The price of products is as quoted on the website. Prices stated include VAT and delivery charges.
8.7 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on firstname.lastname@example.org
8.8 You agree not to hold us responsible for banking charges incurred due to payments on your account.
8.9 We reserve the right to change the fees for any services at any time. We agree to notify you at least thirty (30) days in advance of any change in fees. Please note that you can cancel at any time – see section 10 below.
8.10 Upon registering, reactivating your account or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.
Delivery & Return of Boxes
9.1 Boxes are delivered by your local postage service. Actual delivery times may vary for you depending on your delivery address, when you make your selection and circumstances impacting delivery by the postage service. We reserve the right to use alternative delivery methods without prior notification. You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
9.2 It is your responsibility to report all lost or undelivered boxes online within 7 days by email to: email@example.com. Customers are obliged to comply with either Royal Mail’s claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered boxes.
9.3 Where the correct process is followed the following credit process applies: Where a box is first reported as lost, a credit for half the price of the box is given as the box may still turn up. If the box is reported again as having not arrived, the remainder of the credit for that box will be given.
9.4 If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any boxes posted to the wrong location.
9.5 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
9.6 If you place an order for one-off boxes on our gift page, please be aware that they will still be sent via your local postman and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
9.7 If you are dissatisfied with any product you receive from us, please contact our customer services team on firstname.lastname@example.org. We retain the right to request a return of any faulty goods by recorded delivery to Tiddly Box Ltd, 71-75 Shelton Street, Covent Garden, WC2H 9JQ and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
10.1 You can cancel your subscription at any time by giving ten (10) days notice prior to your next payment being due through your account on the website. You remain responsible for ensuring that any such change or cancellation is transmitted by you and received by us with the correct notice.
10.2 Any pre-paid fixed subscriptions or pre-paid gift plans cannot be cancelled before the term completes and will not be eligible for a refund. Therefore, if you have already been charged for the upcoming box(es), you will still receive those but you will see no further charges or receive subsequent boxes after that.
10.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. This could be if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
10.4 As our boxes are made-to-order, they cannot be returned for any reason unless faulty.
11.1 The prices shown for the personalised products include the item and personalisation element.
11.2 You will be responsible for the personalised data entered and therefore we supply the personalised products with the details you enter.
11.3 Production time varies for each personalised product. Production times are set out in the product descriptions. Please be aware that the delivery time is on top of this time.
11.4 The delivery options and costs for personalised products within the UK are;
Economy – £2.95
Standard – £3.45
Standard tracked – £4.95
11.5 Once an order is placed, you will be unable to cancel the order as the products supplied are made to the customer’s specification or are clearly personalised. Personalised items cannot be returned unless they are damaged (on arrival) or faulty. In the event of this, please contact us once you have received your order.
Limitations of Limited Liability
13.1 Nothing in this clause 13 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
- 13.1.1 fraud or fraudulent misrepresentation;
- 13.1.2 death or personal injury caused by our negligence;
- 13.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- 13.1.4 under Part I of the Consumer Protection Act 1987; or
- 13.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.
13.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
13.3 Subject to clause 13.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
14.1 Your use of the website is governed by these Terms and Conditions and enforced in accordance with the laws of England and Wales. Disputes arising from your use of the website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
Assignment by Us
15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
Accounts are Non-Transferable
16.1 Accounts with Tiddly Box Ltd are not transferable and therefore cannot be sold or traded.
17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
Third Party Rights
19.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
20.1 Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to email@example.com or write to us at:
Tiddly Box Ltd
71-75 Shelton Street