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Terms and Conditions of Supply

OUR TERMS & CONDITIONS OF SUPPLY

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you. All of the products which we will supply to you are goods (for the purposes of consumer protection legislation), including where we personalise such goods prior to delivery.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are HowCurious? Limited a company registered in England and Wales. Our company registration number is 11031552 and our registered office is at 90 High Street, Brownhills, Walsall, WS8 6EW, United Kingdom. Our website is https://acuriousbox.co.uk.

2.2 How to contact us. You can contact us by writing to info@acuriousbox.co.uk.

2.3 How we may contact you. 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.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Our delivery charges and related costs. Our website will display our delivery charges for delivery to your location prior to placing your order. You are also responsible for all import and export customs, duties, charges and any other cost or expense related to international delivery (including in respect of returns). If your order is held back at the point of export and/or import, then it is your responsibility to obtain release accordingly.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. 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 the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. 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 product, 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 7. - your rights to end the contract)

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. The costs of delivery will be as displayed to you at the checkout stage.

6.2 When we will provide the products. During the order process we will let you know the status of dispatch and your delivery. Please refer to our delivery page for further information.

6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside 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 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 you have paid for but not received.

6.4 Collection by you. We only allow collection in respect of gift fairs that we may be present at, please speak to a member of the team if you would like to collect any products from us. We do not allow collection for online sales.

6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the company providing the delivery service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please refer to our delivery page for further information.

6.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, the parcel may be returned back to us. In this case, we will refund you for the goods, but not for the postage. Please refer to our delivery page for further information.

6.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or from the time we accept payment in person.

6.8 When you own goods. You own a product which is goods once we have received payment in full.

6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, personalisation options for certain handmade products. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or 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 the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

6.10.1 deal with technical problems or make minor technical changes;

6.10.2 update the product to reflect changes in relevant laws and regulatory requirements;

6.10.3 make changes to the product as requested by you or notified by us to you.

6.11 We may provide alongside certain products a link to third party digital content, such as downloadable free MP3 files. Please note that we do not manufacture, sell or otherwise have control over such links, which do not constitute part of the products supplied to you, but are a method by which we support various artists in obtaining a wider audience for their music. It is entirely at your discretion whether or not to utilise such links, and we accept no responsibility for such links.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10;

7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to.

7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

7.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. These rights may not apply for items delivered outside the UK – please ask us before placing your order if you are unsure whether the rights apply to you. 

7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

7.4.1 products that have already been used, such as incense sticks/cones and candles;

7.4.2 products which have been personalised for the consumer (including without limitation where letters, numbers, or other markings or additions have been made to the products at your request);

7.4.3 products that have been damaged by the consumer;

7.4.4 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

7.4.5 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

7.4.6 any products which become mixed inseparably with other items after their delivery.

7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

7.5.1 If you bought goods which are delivered in a single delivery. In this case you have 14 days after the day you (or someone you nominate) receives the goods; or

7.5.2 If you bought goods which are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1 Email us at info@acuriousbox.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.1.2 Write to us at HowCurious? Limited, 90 High Street, Brownhills, Walsall WS8 6EW, United Kingdom, including details of what you bought, when you ordered or received it and your name and address. 

8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at info@acuriousbox.co.uk for details of how to return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

8.3 When we will pay the costs of return.

8.3.1 We will pay the costs of return:

8.3.1.1 if the products are faulty or misdescribed; or

8.3.1.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

8.3.2 In all other circumstances you must pay the costs of return.

8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

8.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

8.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, personalisation options;

9.1.2 you do not, within a reasonable time, allow us to deliver the products to you;

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs and losses we will incur as a result of your breaking the contract (including loss of profit).

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@acuriousbox.co.uk. Please accompany the email with photographs of the product if it is damaged or incorrect. We are open Monday - Friday, 9am - 5pm.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods (as is the case for all of our products), for example physical house decor or physical gifts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
  • See also clause 7.3.

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or (if applicable) collection. Please write to us at info@acuriousbox.co.uk for details of how to return.

11. PRICE AND PAYMENT

11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product'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 product'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 unmistakable 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 goods provided to you.

11.4 When you must pay and how you must pay. We accept online payments with PayPal, Amazon Pay, Google Pay, Apple Pay, and Visa, Mastercard, and American Express debit and credit cards via Shopify Payments. In the case of gift fayres and exhibitions, we accept contactless and swipe card machine payments with Visa, Mastercard, Maestro, and American Express debit and credit cards, Apple Pay and Android Pay via PayPal Here. Payment will be taken immediately, and in any event payment must be made before we dispatch the goods.

11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this 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.

12.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

12.3 We do not accept any liability whatsoever for digital content such as MP3 files obtained by you after following a link provided by us. Any such links provided to you do not constitute the provision of products, services or digital content by us to you – they constitute us making you aware of a third party goods, services and/or digital content provider. If you choose to follow such a link then any loss or damage which you may suffer thereby is a matter between you and the owner of such link.

12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us:

13.1.1 to supply the products to you;

13.1.2 to process your payment for the products; and

13.1.3 as permitted by our privacy policy, which you hereby consent to.

13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

14. OTHER IMPORTANT TERMS

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree for various reasons, including if you have already accepted delivery.

14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 this 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.