If you placed an Order or subscribe before March, 1, 2021: please see applicable terms here.
Who we are: Welcome to Birchbox UK! Beautycom UK LTD (“Birchbox”, “us” or “we”) is the operator of www.birchbox.co.uk (the "Site"), and developer and operator of the Birchbox mobile application (the “App”). We are registered in England and Wales under the company registration number 07435248. Our registered office is at 29/30 Fitzroy Square, London W1T 6LQ, UK. Our VAT number is 109642515.
Changes to these Terms: Latest Updated Date March 1, 2021 These Terms may be modified from time to time to reflect changes to our products and offerings and changes in the law, and where they are, we will post an update on the Site. If any of those changes are ever material or significant, we will of course write to you in advance and let you know of it and ask you how you wish to proceed. Any changes to the Terms will be in effect as of the ‘Last Updated Date’ referenced on the Site. You are encouraged to review these Terms each time you use the Site or App and prior to purchasing any product or service that is available through this Site or the App. Your continued use of the Site and App means that you agree to those changes and accept them. Please note that we will never change the Terms and apply them retrospectively unless you agree to it.
Changes to this Site: We also reserve the right to update, change or take down the Site, App and anything on it without notice, and without liability to you or any third party. Continued use of the Site shall be deemed as your acceptance of such changes.
Why you should read these terms: Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide products and services 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 there is a mistake in these terms, please contact us to discuss. If you do not agree to these Terms, then you are not authorised to use Birchbox, purchase any subscriptions or products and you must promptly cease using this Site and the App.
How to contact us: You can contact us writing to us at firstname.lastname@example.org.
How we may contact you: If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your Order. Whenever we use the words “writing” or “written” in these terms, this will include by email.
1. Use of the Site and the App
You may only use the Site and the App for your own non-commercial personal use and only when in compliance with these Terms.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site and the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and the App and to change, suspend or discontinue any aspect of the Site and the App 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 the use of the Site and the App or restrict your access to part, or all, of the Site and the App without notice or penalty. Your continued use of the Site and the App will constitute your acceptance of any such changes.
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 or the App. 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 or the App without the express written permission of Birchbox. You may not modify, publish, transmit, participate in the transfer of or sell create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site or the App.
We require all Members and Guests (as defined below in section 4) to agree not to use the Site or the App, and specifically prohibit any use of the Site or the App, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any Intellectual Property Rights (as defined in section 18) of another person or entity.
- Posting any information or content which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading (which may include but not be limited to use of filters in such content, that has the effect of exaggerating or misleading the effect of any products), inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature.
- Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation.
- Attempting to interfere in any way with the Site’s or the App’s or Birchbox’s network security, or attempting to use the Site’s or the App’s service to gain unauthorised access to any other computer system.
- Using the Site or the App to drop ship merchandise to third parties.
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 or the App. Further, you may not use any such automated means to manipulate the Site or the App, 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 the App or any other user's use of the Site or the App, including, without limitation, via means of overloading, ‘flooding’, ‘mailbombing’ or ‘crashing’ the Site or the App, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site or the App within another web site. You may not resell use of, or access to, the Site or the App to any third party without our prior written consent.
2. 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.
3. Additional Terms and Conditions
5. 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.
6. Our Products
Our Site and App is solely for the promotion of our Products in the UK and Ireland. Unfortunately, we are not able to accept orders from nor deliver to addresses outside of the UK and Ireland.
If you wish to purchase any product or service made available through the Site or the App (each such purchase, an "Order"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilised in connection with any transaction. By submitting such information to Birchbox, you grant to Birchbox the right to provide it to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
The images of any products on our Site or App 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 App.
All descriptions, images, references, features, content, specifications, products, prices of products and services described or depicted on the Site and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site and the App. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Pricing and Pricing errors: The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. Whilst we use our best efforts to ensure that the price of the product advised to you is correct, it is always possible that despite our best efforts, some products may be incorrectly priced. We normally check prices before accepting orders 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 further instructions on how you wish to proceed before we accept your Order. Where we have already accepted and processed your Order, in the event of an obvious and unmistakeable error that could reasonably have been recognised by you as a mispricing, we may elect to end the Contract, refund you any sums you have paid and require the return of any products already provided to you.
VAT increases: Please note that 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. Birchbox reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site or the App, you are entering into a binding contract with Birchbox and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. Please see our FAQ for details of when delivery charges apply. The costs of delivery will be as displayed to you on our Site and App.
7. E-Shop Order
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 email@example.com.
If we cannot accept your order: Where we have exercised our right to reject any offer or part of it purchased by you, or where we are unable to accept your Order or part of it, we will endeavor to inform you of this and will not charge you for any unavailable Order or Products. We might do this because an item you have ordered is out of stock, where it is necessary for legal or regulatory reasons, where we are unable to meet a delivery deadline you have specified, if we have identified a Product or pricing error, if we are unable to obtain authorisation for your payment, because of unexpected limits on our resources which we could not reasonably plan for, where placing your Order or a number of Orders from you indicates to us that you have breached the Terms or any Additional Terms or for other reasons that make this necessary.
Suspension for non-payment: You should also be aware that where you have not paid us for any Products, Order or Subscriptions (“Unpaid Amounts”) when you are supposed to, and you still do not make payment within twenty-one days of that amount being owed we may suspend supply of the Products or Order (or any aspect of it, for example in relation to current and future Monthly Billed Subscriptions) until you have paid us the outstanding amounts or we may choose to end the Contract. This suspension right will not apply to any Products or Order where you genuinely dispute an unpaid invoice. If you think that an invoice or any amount charged to you is wrong, please contact us promptly to let us know. Please note that any such suspension by us, or any other failure or delays to exercise our rights or remedies under these Terms or at law in respect of your non-payment, shall not constitute our waiver of our rights or remedies and shall not prevent nor restrict the further exercise of that right or any other right or remedy by us.
Your rights if we have to suspend the supply of your Products or your Order: Where we do have to suspend the supply of any Product or your Order, we will contact you in advance to tell you, unless the problem is urgent or an emergency. In the event of an extended period of suspension, we will contact you and discuss any adjustments to the price so that you do not pay for Products or your order while they are suspended. You may contact us to end the Contract for the supply of a Product or your Order if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Product or Order in respect of the period after you end the Contract.
Your right to make changes to your Order: If you wish to make a change to the Products you have ordered or to your Order 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.
Our right to make changes to your Order: Occasionally we may make minor changes to your Order or specified Products in your Order, for example to reflect changes in relevant laws and regulatory requirements. In addition to these minor changes, as we informed you in the description of the product on our Site and App, occasionally we may make more significant changes to any product or services, but when we do we will notify you in writing and you may then contact us to end the Contract before the changes take effect and receive a refund for any Order or Products paid for but not received.
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 or from the point at which you collect it from us.
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.
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 to 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.
8. The Subscription Contract Between You And Us
Birchbox offer a number of subscription (“Subscription” or “Subscriptions”) types:
- rebillable monthly Subscriptions (“Month-to-Month Rebillable Subscriptions”);
- prepaid three, six- or twelve-month Subscriptions (“Prepaid Subscriptions”);
- rebillable monthly billed Subscriptions with a choice of a minimum commitment of:
(collectively “Monthly Billed Subscriptions With Commitment”)
- and prepaid gift Subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of Birchbox Subscriptions that are subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Birchbox will submit periodic charges (e.g., monthly) to your chosen payment method in respect of the payment of your Birchbox Subscription without further authorisation from you. You agree that such notice will not affect charges submitted before Birchbox reasonably could act. Information on how to cancel is described below.
- 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 Birchbox after the expiration date of your payment card.
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.
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 Birchbox account and follow the cancellation procedures there, (ii) send us a message at firstname.lastname@example.org and we will do it for you, or (iii) go to support.birchbox.co.uk and schedule a call with one of our Discovery Specialists who can help you cancel. If you cancel, you will not be rebilled during your next monthly billing cycle.
Changes to the terms of your Birchbox 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 the cost 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.
Changes to the price of Birchbox 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.
9. Consumer Rights and Cancellation: Our rights to end the Contract.
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. So, 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.
Our ‘goodwill 30 day right to change your mind’: On top of your legal rights, we offer our customers a more generous goodwill guarantee of up to thirty (30) days to change your mind (again subject to the below exclusions), just follow the instructions on ‘How do I make a return’. Please do ensure that you take care to package your return items well and correctly, as we cannot accept liability for returned goods that we do not receive, nor for those that get damaged in shipping on their return. It is your responsibility to ensure returned goods are in the best possible condition, so please take reasonable care of them keeping and returning all original packaging where possible.
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.
What to do if there is a problem with the Products: 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].
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. The easiest way to do this is to complete the cancellation form available in the [link to FAQ and How do I make a make a return] on our Site and include the copy of the cancellation form in hard copy form with your return order packaging. You must return the Products to Birchbox within 14 days of notifying us of the cancellation request and return the Products in the same condition in which you receive them. You should note that any such returns will be at your risk. Birchbox has a 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 to establish the nature, characteristics and functioning of the Products.
If you cancel your Order we will:
- refund you the price you paid for the Products, minus any reduction in the value of the goods, if this has been caused by your handling of them in a way which would not be permitted in a shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). See here for information about what handling is acceptable and examples. 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.
- refund any return delivery costs you have paid for, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. You can alternatively generate a free returns label with Royal Mail by following this link: https://www.royalmail.com/track-my-return/create/3279.
- make any refunds due to you as soon as possible and in any event within fourteen (14) days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
- refund you on the credit card or debit card or other payment method used by you to pay. You will receive an email notification of your refund from our Customer Services Team.
Our rights to end the Contract: We may end the Contract if you break it. Specifically, we may end the Contract for a Product or Order at any time in writing to you if:
- you do not make payment to us when it is due and despite reasonable reminders to you, you still do not make payment to us.
- you do not, within a reasonable amount of time, allow us to deliver the Products to you.
- we suspect any Unauthorised Use (as defined in section 17).
- we suspect an abuse of: any promotional code(s) or our referral program; Additional Terms; or any other special terms and conditions that may apply to a purchase or Product from time to time.
You must compensate us if you break the contract: If we end the Contract because you have broken it, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the contract.
Our rights to withdraw a Product: Occasionally we may have to withdraw a Product or stop an Order at our discretion. When we do, we shall write to you to let you know that we are going to do this and we shall refund you any sums you have paid in advance for Products which will not be provided (including delivery costs where applicable).
10. Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App 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 without notice (including after an Order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
11. No Professional Advice
Any product or other information (for example, product ingredients, instructions for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
12. Proprietary Rights
You acknowledge and agree that all content available on the Site and the App, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of Birchbox or our affiliates, partners or licensors, and is protected by copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of us or our affiliates, partners or licensors, and are protected by trademark laws. All other Trademarks not owned by us or our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
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 or the App.
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 or the App. All rights not granted under these Terms are reserved by Beautycom UK LTD and its affiliates.
13. Contributed Content Guidelines
Birchbox values your engagement. When contributing content, please remember the following guidelines:
- By submitting or posting any materials or content on the Site or the App, 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, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant 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 further represent, warrant and covenant that any content 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 compensation to you.
- All contributed content is subject to the Terms, which include our policy regarding copyright infringement, and our User Generated Content Terms;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use obscenities, discriminatory language, or other language not suitable for a public forum.
- Post content that serves to exaggerate the effect a product is capable of achieving, whether such exaggeration is attributable to the use of a filter or otherwise.
- Post advertisements, ‘spam’ content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact or personal information.
- Post unduly critical or spiteful comments of other content posted on the page or its authors.
- Post files that contain software or other material protected by Intellectual Property Laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
- Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
We are under no obligation to screen or monitor any content but may review the content from time to time in our sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.
Under no circumstances will Birchbox be liable in any way for any content or materials of any third party, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on the Site or the App or endorse any opinions expressed therein.
If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com.
14. General Disclaimers
Birchbox is not responsible if you cannot access the Site or the App properly or at all because your internet service provider (“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's control. If you cannot access the Site or the App properly or at all because of any of these reasons, Birchbox will not refund any money you have paid or compensate you.
Making the Site or the App enjoyable means Birchbox needs to fix bugs, install updates and do general diagnosis and maintenance of the Site or the App. Birchbox will try to do scheduled maintenance during what Birchbox anticipates will be relatively low levels of online use. Birchbox also needs to be able to do emergency maintenance and/or suspend access to the servers where, in Birchbox's reasonable discretion, Birchbox sees the need to do that. Birchbox will try to have the Site or the App available again as soon as Birchbox thinks it is safe to do so.
15. Third Party Links
Where the Site or the App contains links to other websites and third-party products or services, these off-Sites pages are provided for your information only. Birchbox is not responsible for the content of these websites or Products or services. Links appearing on the Site or the App are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, Product, service, or supplier. Your linking to or from any off-Site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other sites linked to or from the Site or the App, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.
You agree to defend, indemnify and hold harmless Birchbox and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site and App, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Generated Content or any that is submitted via your account; or (vi) any other party’s access and use of the Site and App with your unique username, password or other appropriate security code.
17. 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 or the App; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site or the App, or of a breach of these Terms.
Birchbox will not be liable to you over the entire period of your use of the Site or the App for any loss in excess of: (a) the total value of Products or subscriptions ordered by you via the Site or the App from time to time; and (b) £250, whichever is the higher. You should also note that supply of our Products is intended to be sold to individuals for domestic and private use only. You may not use any Products, the contents of any Order, or any Subscription for commercial, business, wholesale, retail or other re-sale use (“Unauthorised Use”). Any such Unauthorised Use shall be in breach of these Terms, and if we suspect any Unauthorised Use or cancel the Contract in its entirety (in our discretion) and we shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other losses you or any third party may incur.
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.
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; (c) for breach of your legal rights in relation to the Products including your right to receive Products which are: as described and match any information we provided to you; of satisfactory quality; fit for any particular purpose made known to you; free from defects under the Consumer Protection Act 1987; or (d) any other liability that cannot by law be excluded or limited.
18. 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 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.
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 removed or remain ineffective without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
20. Waiver; Remedies; Variations, Entire Agreement
You agree that any failure or a delay 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 or the App 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.
This Agreement, the Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Birchbox without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
22. Governing Law
The operation of our Site, App and Contracts for the purchase of Goods through our Site and App 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.
For customers from the Republic of Ireland, according to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm. For customers within the United Kingdom, please contact us in accordance with our complaints handling procedure, where we will try to resolve you complaint. Please note that within the United Kingdom we do not nor are we obliged to enter any dispute resolution scheme.
Should you have any questions regarding these Terms you may contact us at firstname.lastname@example.org.