# **ODDBOX DELIVERY LTD** TERMS & CONDITIONS OF USE ## **INTRODUCTION** These terms and conditions apply between you, as User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Oddbox Delivery Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, **User** or **Users** means any third party that accesses the Website and is not either (i) employed by Oddbox Delivery Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Oddbox Delivery Ltd and accessing the Website in connection with the provision of such services. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. ## **INTELLECTUAL PROPERTY AND ACCEPTABLE USE** 1. All Content included on the Website, unless uploaded by Users, is the property of Oddbox Delivery Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission. 2. You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a computer screen 3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Oddbox Delivery Ltd. ## **PROHIBITED USE** 4. You may not use the Website for any of the following purposes: a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner. ## **REGISTRATION & SUBSCRIPTIONS** 5. You must ensure that the details provided by you on registration or at any time are correct and complete. 6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. 7. We may suspend or cancel your registration with immediate effect for any reasonable purposes, including if you do not live in our delivery area, or if you breach these terms and conditions. 8. You can cancel your subscription at any time in the ‘manage subscriptions’ page of your account. If you’d like to delete your account entirely, email [hello@oddbox.co.uk](mailto:hello@oddbox.co.uk). Cancelling or suspending your subscription doesn’t affect your statutory rights. 9. If you have an order from The Market scheduled to arrive with your next subscription box but then cancel your subscription, your Market order will still be delivered on the date your subscription box was originally scheduled. ## **PAYMENT** _Home boxes/products_ 10. If you wish to purchase a home box, you must ensure that Oddbox Delivery Ltd are provided with details of a valid credit or debit card bearing either the MasterCard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the 'My account' section of the Website or by calling us via the contact details on the Website. 11. Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Oddbox Delivery Ltd staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders. 12. We will submit our request for payment to your bank 1000 (AM) four days before your delivery date. For instance if your delivery date is Fridays, we will make the first payment attempt at 1000 (AM) on Mondays. 13. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions. 14. If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again. You can, however, change orders by emailing us (contact details are on the website), during our office opening hours and subject to our order deadlines. 15. The Market orders are charged separately at checkout when you place an order. These are not included in your subscription billing cycle. Payment must be completed at the time of checkout for ambient products. ## **PRODUCT PURCHASES** 17. For home boxes/products, you may submit orders for products by using our online ordering facility on the website at any time after you have created an account. 18. For home boxes/products, each product for which you click ‘Add to Delivery’ is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to view your basket details by clicking the basket icon. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking 'Checkout securely'. 19. Our opening offers may be used only once per customer and/or once per delivery address. Our opening offers cannot be used in conjunction with any other offer and can only be used for delivery to UK addresses that are within Oddbox delivery areas. 20. We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever. 21. Your submission of an order amounts to an offer to enter a contract to buy the products from us; subject to paragraph 17; you cannot then withdraw or cancel your order except as stated below. 22. For home boxes/products/The Market, no order is accepted from you until our website displays an order confirmation message. This message is displayed after you click 'Checkout securely' in the shopping basket 'order summary' page. When you order by email for our office boxes, your order will be accepted (or rejected, as the case may be) in writing by our staff. A contract for our sale of Products to you arises on our acceptance of your order. 23. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. ## **DELIVERY OF PRODUCTS AND INSPECTION BY YOU** 30. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. 31. If you ordered from The Market order with "Deliver with my box" and then change your delivery address after purchase, your Market order will not be updated and will be delivered to your original address. 32. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so. 33. Where we agree with you that we will hold a key to your premises and make delivery of the products to a place within those premises by using the key, the following terms shall apply: we will use our reasonable endeavours to ensure that we hold the keys securely; we will use our reasonable endeavours to ensure that the products are delivered to a place within the premises that you and we have agreed; … ## **YOUR CONSUMER RIGHT OF RETURN AND REFUND** As our Products contain fresh and perishable food, you are not entitled to the "normal" right to return goods within 14 days after the day you receive them, simply if you change your mind. ## **LINKS TO OTHER WEBSITES** 44. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oddbox Delivery Ltd or that of our affiliates. ## **PRIVACY POLICY** 47. Use of the Website is also governed by our Privacy Policy below. ## **AVAILABILITY OF THE WEBSITE AND DISCLAIMERS** 55. Any online facilities, tools, services or information that Oddbox Delivery Ltd makes available through the Website (the **Service**) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. ## **LIMITATION OF LIABILITY** 59. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation. ## **GENERAL** 62. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.