Welcome to Birchbox UK (the "Site"). This Site is maintained and operated by Beautycom UK LTD trading as Birchbox UK. ("Birchbox" or "Company"). We are registered in England and Wales under number 07435248. Our registered office is at 19 Albemarle Street, London W1S 4HS, UK. Our VAT number is 109642515
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BIRCHBOX RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY BIRCHBOX BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Birchbox. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Birchbox. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site’s or Birchbox’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
5. Orders and Contracts
Products and Box subscriptions may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the checkout page.
Your order constitutes an offer to Birchbox to buy a box subscription or product. All orders are subject to acceptance by Birchbox. Birchbox is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Birchbox accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 1st of every calendar month (if you signed up after 18 January 2014) or the 5th day of every calendar month (if you signed up before 18 January 2014). Any cancellations need to be done prior to 5pm of the last day of the previous month to prevent the charge for that month. To cancel your subscription at any time, you must logon to your account or email us at firstname.lastname@example.org and we will do it for you. If you cancel, you may use your subscription until the end of the then-current month. Birchbox may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.
For multiple month subscriptions (3, 6, & 12 months), your subscription will not be renewed after your then-current term expires. If you cancel your subscription other than as a result of a material breach by Birchbox of these Terms, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Section 6 below).
Prices include VAT and delivery costs (where applicable), which will be added when you view the items in your shopping basket. Please see our FAQ for details of when delivery charges apply.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognize, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
6. Consumer rights & cancellation
You may cancel an order and receive a refund at any time before your order is delivered and up to seven working days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Birchbox refunds policy (see below).
Each box subscription is for these purposes a single order, so for example you can only cancel a box subscription and receive a refund within seven working days of receiving the first monthly box. You can of course cancel any subscription at any time, but it is only if you do it within this initial seven day period that you will be entitled to a refund (as required by UK legislation known as the Distance Selling Regulations).
To cancel an order in this way, you must inform Birchbox by email, giving us your name, address and order reference. You must also return the Products to Birchbox within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, Birchbox may have a right to claim the cost of any deterioration from you.
Birchbox' refunds policy is: if you cancel an order within the seven-day cooling-off period (see above), Birchbox will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. Birchbox will refund the price of the product in full, including the cost of delivery. However, you will be responsible for the cost of returning the item to Birchbox. Birchbox will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
8. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Birchbox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Birchbox and the Birchbox logo are registered trademarks, and Discover Beauty Better is a trademark, of Birchbox, Inc. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2013 Beautycom UK LTD or its affiliates. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Beautycom UK LTD and its affiliates.
9. Submitted Content
By submitting or posting any materials or content on the Site, you grant Birchbox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Birchbox the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Birchbox the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Birchbox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Birchbox values your feedback. When writing your review, please consider the following guidelines:
- Focus on the product and your individual experience using it
- Provide details about why you liked or disliked a product
We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
- Obscenities, discriminatory language, or other language not suitable for a public forum
- Advertisements, "spam" content, or references to other products, offers, or websites
- Email addresses, URLs, phone numbers, physical addresses or other forms of contact information
- Critical or spiteful comments on other reviews posted on the page or their authors
Birchbox is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Birchbox' control. If you cannot access the Site properly or at all because any of these reasons, Birchbox will not refund any money you have paid or compensate you.
Making the Site enjoyable means Birchbox needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Birchbox will try to do scheduled maintenance during what Birchbox anticipates will be relatively low levels of online use. Birchbox also need to be able to do emergency maintenance and/or suspend access to the servers where, in Birchbox' reasonable discretion, Birchbox sees the need to do that. Birchbox will try to have the Site available again as soon as Birchbox thinks it is safe to do so.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Birchbox is not responsible for the content of these websites or products or services.
You agree to indemnify Birchbox and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or Birchbox's Review Guidelines.
12. Limitation of Liability
Birchbox excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Birchbox at the start of your membership.
Birchbox will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for 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 or (d) any other liability that cannot by law be excluded or limited.
14. Copyright Infringement; Notice and Take Down Procedures
Birchbox specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
16. Waiver; Remedies; Variations, Entire Agreement
The failure of Birchbox to partially or fully exercise any rights or the waiver of Birchbox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Birchbox or be deemed a waiver by Birchbox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Birchbox under these Terms and any other applicable agreement between you and Birchbox shall be cumulative, and the exercise of any such right or remedy shall not limit Birchbox’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
17. Governing Law
The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Should you have any questions regarding these Terms you may contact us at email@example.com