1.The Subscription Contract Between You And Us
Babacorn-Bricks offers a number of subscription (“Subscription” or “Subscriptions”) types:
Rebillable monthly Subscriptions (“Month-to-Month Rebillable Subscriptions”);
Rebillable monthly billed Subscriptions with a choice of a minimum commitment of:
three months (“3-Month Subscription”);
six months (“6-Month Subscription”);
- twleve months ("12-Month Subscription");
2. How we will accept your order:
After placing your Order, the first email you will receive from us, will be us confirming to you that we have received your Order. We will send you this first email as soon as possible after you place your Order. Please note that all Orders are subject to further confirmation from us that we have accepted your Order in part or in full, and we will do this by sending you a second email confirming which Products have been dispatched (“Dispatch Confirmation”). A legally binding contract (“Contract”) between us will only be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) and only for those items we have confirmed in the Dispatch Confirmation. In some circumstances and at any time, we may choose to reject your Order in whole or in part. Where we do this, no Contact will be formed and we will not be liable for any losses that you or any other person may incur. If at any point you require any information concerning your Order please email us at firstname.lastname@example.org.
With respect of Babacorn-Bricks Subscriptions that are subject to automatic renewal, you agree that once you have expressly agreed for your credit/ debit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Babacorn-Bricks will submit periodic charges (e.g., monthly) to your chosen payment method in respect of the payment of your Babacorn-Bricks Subscription without further authorisation from you. You agree that such notice will not affect charges submitted before Babacorn-Bricks reasonably could act. Information on how to cancel is described below.
4. MONTH-TO-MONTH REBILLABLE SUBSCRIPTIONS (CANCEL AT ANYTIME)
By purchasing a Month-to-Month Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Babacorn-Bricks after the expiration date of your payment card.
5. Automatic Monthly Renewal Term: Your Subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current Subscription rate until you cancel your Month-to-Month Rebillable Subscription renewal.
6. Cancellation Policy For Month-to-Month Rebillable Subscription Renewals: To cancel your Month-to-Month Rebillable Subscription at any time, you may (i) login to your Babacorn-Bricks account and follow the cancellation procedures there or (ii) send us a message at email@example.com and we will do it for you. If you cancel, you will not be rebilled during your next monthly billing cycle.
7. Automatic 3, 6 & 12 Month Billed Subscriptions With Commitment Renewal Terms:
Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.
8. Cancellation Policy For 3, 6 & 12 month Subscriptions Auto-renewals:
To cancel the renewal of your 3/6 month Subscription, at any time after you were billed for the then-current term, you may (i) login to your Babacorn-Bricks account and follow the cancellation procedures there or (ii) send us a message at firstname.lastname@example.org and we will do it for you. IF YOU CANCEL THE AUTO-RENEWAL, YOUR SUBSCRIPTION WILL REMAIN ACTIVE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM.
9. Changes to the terms of your Babacorn-Bricks Box subscription plans:
We can vary the terms of your Subscription at any time. This could be because:
- It is necessary for legal or regulatory reasons.
- Due to changes in costs of us providing our services.
- For other reasons that make this necessary.
We will publish any changes on our website and will write to you to let you know. We will try to give at least 6 weeks’ notice. If the changes are substantial or you are likely to be negatively affected by them, you may cancel your Subscription as follows: (1) immediately if the changes are intended to apply to your current Subscription, (and) in which case you will be eligible for a prorated refund of the proportion of the Subscription fee for the current term not yet used or (2) upon renewal, in which case such changes shall not be applied to your current Subscription which shall remain in full force and effect on the terms of your original Subscription.
10. Changes to the price of Babacorn-Bricks subscriptions plans:
If we change the price of your Subscription, we will give you at least six (6) weeks’ notice. If you are not happy with the new price, you can cancel your Subscription at any time before the price increase takes effect. Where a change in price is intended to come into effect upon your renewal, we shall write to you to let you know and we will try to give you at least 6 weeks' notice of this prior to the end of your current Subscription term. If you are not happy with the price increase, you can cancel the renewal of your Subscription at any time before the price increase takes in effect but you will not be able to cancel your current Subscription which shall remain unchanged in terms of price.
11. Consumer Rights and Cancellation: Our rights to end the Contract.
(b). Exercising your legal right to change your mind:
We hope that you are delighted with your Order, however, because you are a consumer and have purchased your Products or Subscription online you have a legal right to change your mind within 14 days and receive a refund for most Products bought, under the Consumer Contracts Regulations 2013. Therefore if you do happen to change your mind and decide that you do not want to receive or keep a Product, just notify us of your decision to cancel the Order within 14 days (subject to the below exclusions) after you take receipt of your delivery, and you will receive a refund.
12. Cancelling Subscription Boxes:
Please note that each box Subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within thirty (30) days of receiving your FIRST monthly box (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (or as otherwise set out in section 8) and only where unopened and in the original packaging.
When you don’t have the right to change your mind (exclusions):
Your right to return goods does not apply to goods:
- made to your specification; or
- which have been clearly personalised (such as by being engraved); or
- which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
- where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they have become unsealed after delivery, for example edible products.
13. What to do if there is a problem with your Babacorn-Bricks Box
We are under a legal duty to supply Products to you that are in conformity with the Contract, although you should note that those rights are subject to certain exceptions. That legal obligation to you requires us to ensure that all Products we supply, are as described, are fit for purpose and are of satisfactory quality. Further, during the expected lifespan of the Products supplied, your legal rights entitle you to: (1) an immediate refund for a period of up to 30 days from your receipt of such Products, if you discover that they are faulty; (2) for up to 6 months: a full refund, in the event that they can’t be repaired or replaced (where relevant). If you would like to find out more about the exceptions that apply, they can be found by visiting the Citizen’s Advice website [www.adviceguide.org.uk or by calling 0345 04 05 06].
14. How to cancel your Order:
To cancel your Order, you just need to let us know that you have decided to cancel and the reason why.
You can contact us via email at email@example.com or via our Facebook/ Instagram messenger. You must return the Products to us within 14 days of notifying us of the cancellation request and return the Products in the same condition in which you receive them to our postal address:
University Of Wolverhampton
You should note that any such returns will be at your risk. Babacorn-Bricks has the right to deduct from your refund amount any reduction in value of the Products caused by your handling of the Products (beyond what is necessary) or that of any missing items/ pieces.
15. Delivery; When you will own the Products and Order contents:
During your order process we will let you know when we will deliver the Products and your Order to you. You will own a Product and the contents of your Order once we have received payment for it in full, and it will become your responsibility from the time we deliver it to the address you gave us.
16. Incorrect or incomplete information:
We accept no liability where you provide us with incorrect or incomplete information, for example an incorrect delivery address, or, where you fail to collect the products from the delivery address which you specified. In the event of such incorrectly provided information, we reserve the right to make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying your Order or any Products late if this is caused by you not giving us correct, accurate or complete information.
17. Delays outside of our control:
If our supply of the Products or your Order is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this for you, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products or order that you have paid for but not received.
18. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your Order or we may contact you at the phone number or email address you provided to confirm your Order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures in order to protect our customers, as well as ourselves, from fraud or other unauthorised or illegal activity.
19. Registration and Passwords
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
20. Refer a Friend Loyalty Program
Our loyalty program is in place to benefit our members so that they may receive £5 credit towards any Babacorn-Bricks products on referring a friend and their friend upon becoming a Babacorn-Bricks customer will also benefit from the same £5 credit. If it has been found that one person is creating duplicate accounts in order to exploit the loyalty program and therefore unlawfully obtaining discount and credit, their account will be disabled, any monies paid will be refunded to their credit/ debit card and no items will be dispatched.
Please use the loyalty program fairly and lawfully so that everyone can enjoy and benefit from it.
Website/ Product Images:
The images of any products on our Site/ FB store are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the exact colour of the products. Therefore, your Product may vary slightly from those images and in some cases the packaging of products may vary from that shown in images on our Site or FB store.
Copyright Infringement; Notice and Take Down Procedures
Babacorn-Bricks specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including without limitation any rights of privacy and publicity) (collectively “Intellectual Property Rights”) of any person or entity. If you believe that any material contained on this Site or the App infringes your copyright or other Intellectual Property Rights, you should notify us of your copyright infringement claim.
Your privacy is important to us. It is Babacorn-Bricks' policy to respect your privacy regarding any information we may collect from you across our website, https://www.babacorn-bricks.com, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 1 March 2019.
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Babacorn-Bricks Terms of Service
By accessing the website at https://www.babacorn-bricks.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Babacorn-Bricks' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Babacorn-Bricks' website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Babacorn-Bricks at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Babacorn-Bricks' website are provided on an 'as is' basis. Babacorn-Bricks makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Babacorn-Bricks does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Babacorn-Bricks or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Babacorn-Bricks' website, even if Babacorn-Bricks or a Babacorn-Bricks authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Babacorn-Bricks' website could include technical, typographical, or photographic errors. Babacorn-Bricks does not warrant that any of the materials on its website are accurate, complete or current. Babacorn-Bricks may make changes to the materials contained on its website at any time without notice. However Babacorn-Bricks does not make any commitment to update the materials.
Babacorn-Bricks has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Babacorn-Bricks of the site. Use of any such linked website is at the user's own risk.
Babacorn-Bricks may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Telford, Shropshire, UK and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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