Terms of service

These Subscription Box Service Terms and Conditions ("Terms") govern the purchase and ongoing supply of subscription boxes offered by Chapter & Child ("we", "us", "our").

Please read these Terms carefully before subscribing. By placing an order for a subscription, you confirm that you have read, understood and agree to be legally bound by these Terms.

These Terms form the entire agreement between you and us regarding your subscription unless otherwise agreed in writing.

1. ABOUT US

1.1 We operate a subscription-based business supplying monthly children's book and toy subscription boxes throughout the United Kingdom.

1.2 Our business details are as follows:

Business Name: Chapter & Child

Business Structure: Sole Trader

Registered Address: Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA

Email: Chapterandchild@outlook.com

Website: Www.chapterandchild.co.uk

1.3 If you have any questions regarding your subscription, you may contact us using the details above.

2. DEFINITIONS

For the purposes of these Terms:

Ø  Account means your customer account created on our website.

Ø  Billing Date means the first (1st) calendar day of each month on which subscription payments are collected.

Ø  Business Day means Monday to Friday, excluding public holidays in England and Wales.

Ø  Consumer has the meaning given by the Consumer Rights Act 2015.

Ø  Dispatch Date means the intended dispatch date of subscription boxes, normally the tenth (10th) day of each month.

Ø  Goods means the products contained within each subscription box.

Ø  Order means your request to purchase a subscription.

Ø  Pause means the temporary suspension of your subscription in accordance with these Terms.

Ø  Subscription means the recurring monthly agreement under which we supply subscription boxes.

Ø  Subscription Box means the monthly package containing books, toys and any additional items selected by us.

Ø  Website means Www.chapterandchild.co.uk

Ø  You and Your refer to the customer purchasing the subscription.

 

 

 

 

3. INTERPRETATION

3.1 References to legislation include any amendment, replacement or re-enactment of that legislation.

3.2 Headings are included for convenience only and shall not affect interpretation.

3.3 Words importing the singular include the plural and vice versa where the context permits.

3.4 References to one gender include all genders.

3.5 Any reference to "including" shall mean "including without limitation".

4. ELIGIBILITY

4.1 You must be at least eighteen (18) years of age to purchase a subscription.

4.2 By subscribing, you confirm that you have the legal capacity to enter into binding contracts.

4.3 Our subscription service is intended solely for consumers purchasing for personal or household use.

4.4 We reserve the right to refuse or cancel any subscription where we reasonably believe these eligibility requirements have not been met.

 

 

 

5. OUR SUBSCRIPTION SERVICE

5.1 We provide a recurring monthly subscription service supplying carefully selected children's books together with a small toy and, where applicable, additional themed items.

5.2 Each monthly subscription box is curated by us.

5.3 Box contents may vary from month to month.

5.4 Images displayed on our website are illustrative only.

5.5 We reserve the right to alter the specific contents of any subscription box where necessary due to supplier availability, stock shortages, product improvements or circumstances outside our reasonable control.

5.6 Any substitute item supplied will, wherever reasonably possible, be of comparable quality and value.

5.7 Toys included within our subscription boxes are selected from reputable suppliers and are intended to be appropriate for the stated age category of the subscription. Parents and guardians remain responsible for supervising children while using any products supplied.

5.8 While reasonable care is taken in selecting age-appropriate products, individual children may have different developmental needs or sensitivities. Customers should always follow any manufacturer's instructions, warnings and age recommendations accompanying each product.

 

 

6. UK TERRITORY   

6.1 Our subscription service is currently available only to customers with delivery addresses within the United Kingdom.

6.2 We do not currently accept international subscription orders.

6.3 We reserve the right to expand or restrict our delivery areas at any time.

7. ACCEPTANCE OF ORDERS

7.1 Your subscription order constitutes an offer to purchase our subscription service.

7.2 Your subscription shall become legally binding only when we send written confirmation accepting your order.

7.3 We reserve the right to refuse any order where:

a)     Products are unavailable.

b)    Payment cannot be authorised.

c)     Fraudulent activity is suspected.

d)    Incorrect pricing has occurred.

e)     We reasonably believe accepting the order would breach applicable law.

7.4 If we cannot accept your order after payment has been received, any sums paid will be refunded promptly using your original payment method.

 

 

 

8. SUBSCRIPTION TERM

8.1 Your subscription commences on the date we accept your order and continues on a rolling monthly basis unless cancelled in accordance with these Terms.

8.2 By subscribing, you authorise us to provide the subscription service until it is paused or cancelled by you or terminated by us under these Terms.

8.3 There is no fixed minimum subscription period unless expressly stated at the time of purchase.

8.4 Your subscription will continue to renew automatically each month unless cancelled before the applicable billing date.

9. AUTOMATIC RENEWAL

9.1 Your subscription is a recurring subscription and will automatically renew each month.

9.2 By placing an order, you expressly acknowledge and agree that recurring payments will be taken using your chosen payment method until your subscription is cancelled.

9.3 The amount charged for each renewal will be the price displayed at the time of renewal unless you have been notified of a price change in accordance with these Terms.

9.4 We will present clear information regarding automatic renewal before you complete your purchase.
9.5 You may cancel your subscription at any time through your online account or by contacting our customer support team. Cancellation will take effect in accordance with Clause 15.

10. SUBSCRIPTION PRICE

10.1 Subscription prices are displayed on our Website and include VAT where applicable.

10.2 Delivery charges, if any, will be clearly displayed before you complete your purchase.

10.3 We reserve the right to amend subscription prices from time to time.

10.4 Where a price increase affects an existing subscription, we will provide reasonable advance notice before the revised price takes effect.

10.5 If you do not agree with a revised subscription price, you may cancel your subscription before the next renewal payment is collected.

11. BILLING AND PAYMENT

11.1 Subscription payments are collected on the 1st day of each calendar month.

11.2 Payments are processed using the payment method selected when you subscribe.

11.3 By subscribing, you authorise us to charge your chosen payment method on each recurring billing date.

11.4 You are responsible for ensuring your payment information remains accurate and up to date.

11.5 We accept payment only through the payment methods displayed on our Website.

11.6 If payment cannot be collected, we may attempt to process payment again within a reasonable period.

11.7 We reserve the right to suspend or cancel your subscription if payment remains outstanding.

12. FAILED OR DECLINED PAYMENTS

12.1 Where a payment is declined or otherwise fails, we may notify you and request updated payment details.

12.2 We may retry collection of the outstanding payment using the same payment method where permitted.

12.3 We are not obliged to dispatch any subscription box until payment has been successfully received.

12.4 Continued failure to make payment may result in suspension or termination of your subscription without further obligation to supply future subscription boxes.

13. DISPATCH OF SUBSCRIPTION BOXES

13.1 Subscription boxes are normally dispatched on or around the 10th day of each calendar month.

13.2 Dispatch dates are estimates only and are not guaranteed delivery dates.

13.3 Seasonal demand, courier delays, adverse weather, supplier shortages or other circumstances beyond our reasonable control may affect dispatch times.

13.4 We will make reasonable efforts to notify customers where significant delays occur.

 

 

 

14. DELIVERY

14.1 Delivery is available only to addresses within the United Kingdom.

14.2 Delivery times are estimates and may vary depending upon courier performance and destination.

14.3 Delivery shall be deemed complete when the subscription box is delivered to the delivery address provided by you.

14.4 Risk in the Goods passes to you upon delivery.

14.5 Ownership of the Goods passes to you once full payment has been received.

14.6 You are responsible for ensuring your delivery address is accurate before each billing cycle.

14.7 We shall not be responsible for delays or losses resulting from inaccurate delivery information supplied by you.

15. PAUSING YOUR SUBSCRIPTION

15.1 You may pause your subscription at any time through your customer account or by contacting us.

15.2 Any request to pause your subscription must be received before the applicable monthly billing date in order to take effect for the following month's subscription.

15.3 If a pause request is received after payment has already been processed, the current month's subscription will still be supplied and the pause will take effect from the next billing cycle.

15.4 During the pause period, no subscription fees will be charged and no subscription boxes will be dispatched.

15.5 You may reactivate your subscription at any time.

16. CANCELLATION BY YOU

16.1 You may cancel your subscription at any time.

16.2 To avoid being charged for the next monthly subscription, cancellation must be completed before your next billing date.

16.3 Where cancellation is submitted after the monthly payment has been successfully processed, that month's subscription box will still be supplied and the cancellation will take effect before the following renewal.

16.4 Once your cancellation becomes effective, no further recurring payments will be collected.

16.5 Cancellation does not affect any rights or obligations that accrued before the cancellation became effective.

17. CANCELLATION BY US

17.1 We reserve the right to suspend or terminate your subscription immediately where:

(a) payment remains outstanding

(b) fraudulent activity is suspected

(c) you materially breach these Terms

(d) you misuse our services or engage in abusive conduct towards our staff or

(e) we are required to do so by law.

17.2 Where reasonably practicable, we will notify you before terminating your subscription.

17.3 Termination under this clause shall not affect any rights accrued before termination.

18. YOUR STATUTORY CONSUMER RIGHTS

18.1 Nothing in these Terms excludes, limits or affects any rights or remedies you are entitled to under applicable consumer protection legislation, including the Consumer Rights Act 2015 and other mandatory laws applicable within the United Kingdom.

18.2 If any Goods supplied under your subscription are faulty, damaged, not as described or otherwise fail to conform to the contract, you may be entitled to a repair, replacement, price reduction or refund in accordance with your statutory rights.

18.3 Any rights expressly granted under these Terms are in addition to, and do not replace or limit, your statutory consumer rights.

19. COOLING-OFF RIGHTS

19.1 Where you purchase your subscription online or by another distance selling method, you may have a legal right to cancel your initial subscription within fourteen (14) days beginning on the day after your contract is formed, subject to applicable law.

19.2 If you exercise your cooling-off rights before the first subscription box has been dispatched, we will refund all payments received from you without undue delay and, in any event, within the period required by law.

19.3 If you have expressly requested that the subscription service begins during the cooling-off period and any part of the service has already been performed before cancellation, we may make a proportionate deduction from your refund where permitted by law.

19.4 Your statutory cooling-off rights apply only where required by law and do not affect your ongoing right to cancel future renewals in accordance with Clause 16.

20. REFUNDS

20.1 Refunds will be considered in accordance with these Terms and your statutory consumer rights.

20.2 We will not normally provide refunds for subscription boxes that have already been dispatched unless the Goods are faulty, damaged, materially different from their description or a refund is otherwise required by law.

20.3 If a refund is approved, it will be made using the same payment method used for the original transaction unless otherwise agreed.

20.4 Approved refunds will be processed within a reasonable period and, where required by law, within the applicable statutory timeframe.

20.5 Nothing in this clause limits any statutory right you may have to reject Goods or obtain another legal remedy.

21. FAULTY, DAMAGED OR INCORRECT GOODS

21.1 You should inspect each subscription box promptly upon delivery.

21.2 If any item is damaged, defective, incomplete or incorrect, you should notify us as soon as reasonably practicable.

21.3 We may request photographs or other reasonable evidence to assist in assessing your claim.

21.4 Where appropriate, we may:

(a) replace the affected item;

(b) provide a substitute item of equivalent value;

(c) provide a partial or full refund; or

(d) offer another suitable remedy consistent with your statutory rights.

21.5 We may require the return of defective Goods where reasonably necessary, in which case we will advise you of the return process.

22. PRODUCT AVAILABILITY AND SUBSTITUTIONS

22.1 Every effort is made to ensure that the contents of each subscription box correspond with our intended monthly selection.

22.2 From time to time, individual products may become unavailable due to supplier shortages, manufacturing issues, transport disruption or circumstances beyond our reasonable control.

22.3 Where this occurs, we reserve the right to substitute an item with another product of broadly comparable type, quality and value.

22.4 We will always seek to ensure that any substitute product remains appropriate for the intended age group and theme of the subscription.

22.5 Product images shown on our Website are provided for illustrative purposes only and may not precisely reflect the items ultimately supplied.

 

 

23. CHILDREN'S PRODUCTS

23.1 Our subscription boxes are intended to contain age-appropriate books and toys selected for children within the relevant age category specified by the customer.

23.2 Toys are sourced, so far as reasonably practicable, from reputable manufacturers and suppliers.

23.3 Customers remain responsible for ensuring that products are suitable for the individual child who will receive them, taking into account any allergies, medical conditions, developmental needs or other personal circumstances.

23.4 Parents and guardians should supervise children while using any products contained within the subscription box and should carefully read all manufacturer instructions, safety warnings and age recommendations before use.

23.5 We shall not be responsible for injury or damage arising from misuse of any product or failure to follow the manufacturer's instructions or safety guidance.

24. CUSTOMER RESPONSIBILITIES

24.1 You agree to provide accurate, complete and up-to-date information when placing an order.

24.2 You are responsible for maintaining accurate billing and delivery details throughout the duration of your subscription.

24.3 You agree to notify us promptly of any changes to your contact details or delivery address.

24.4 You must not use our Website or subscription service for any unlawful or fraudulent purpose.

25. LIMITATION OF LIABILITY

25.1 Nothing in these Terms excludes or limits liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of your statutory consumer rights; or

(d) any other liability which cannot lawfully be excluded or limited.

25.2 Subject to Clause 25.1, we shall not be liable for any indirect, incidental, special or consequential loss, including loss of profit, business opportunity, goodwill or anticipated savings arising from your subscription.

25.3 We shall not be liable for delays or failures caused by events beyond our reasonable control.

25.4 Our total liability in relation to any claim arising from a subscription shall, to the fullest extent permitted by law, not exceed the total subscription fees paid by you during the twelve (12) months immediately preceding the event giving rise to the claim, except where prohibited by law.

25.5 This clause shall be interpreted so as not to restrict any mandatory rights available to consumers under applicable legislation.

 

 

 

26. INTELLECTUAL PROPERTY

26.1 Unless otherwise stated, all intellectual property rights in this Website and its contents, including but not limited to text, graphics, logos, icons, photographs, software, code, videos, audio, databases, layouts, designs, branding, trademarks, service marks and other materials ("Content"), are owned by or licensed to Chapter & Child.

26.2 All intellectual property rights are protected by the Copyright, Designs and Patents Act 1988, Trade Marks Act 1994 and other applicable UK and international intellectual property laws.

26.3 Nothing within these Terms transfers ownership of any intellectual property rights to you.

26.4 You are granted a limited, revocable, non-exclusive and non-transferable licence to access and use this Website solely for lawful personal or legitimate business purposes.

26.5 You must not:

·        copy;

·        reproduce;

·        modify;

·        distribute;

·        publish;

·        transmit;

·        create derivative works;

·        reverse engineer;

·        scrape data;

·        commercially exploit;

·        or otherwise use any Content

without our prior written permission.

26.6 Unauthorised use of our intellectual property may result in legal proceedings.

27. WEBSITE USE

You agree that you will not:

·        use the Website for unlawful purposes;

·        upload malicious software or harmful code;

·        interfere with Website security;

·        attempt unauthorised access;

·        overload our systems;

·        transmit spam;

·        harvest personal information;

·        misuse any contact forms;

·        impersonate another person;

·        breach applicable laws or regulations.

We reserve the right to restrict or terminate access where misuse is suspected.

28. USER ACCOUNTS

Where user accounts are available:

28.1 You agree to provide accurate and current information.

28.2 You are responsible for maintaining the confidentiality of your login credentials.

28.3 You are responsible for all activity occurring under your account.

28.4 You must immediately notify us of any unauthorised access.

28.5 We reserve the right to suspend or remove accounts that breach these Terms.

29. MARKETING COMMUNICATIONS

29.1 Where permitted by law, we may send service updates, promotional emails and marketing communications.

29.2 You may unsubscribe at any time by:

·        using the unsubscribe link; or

·        contacting us directly.

29.3 Essential service communications may still be sent where necessary for the performance of our contract.

30. PRIVACY & DATA PROTECTION

30.1 We process personal data in accordance with our Privacy Policy.

30.2 Personal data will be processed in compliance with the UK GDPR, the Data Protection Act 2018 and all applicable data protection legislation.

30.3 By using our Website you acknowledge that you have read our Privacy Policy.

 

 

31. FORCE MAJEURE

We shall not be liable for delay or failure to perform our obligations where such delay results from events beyond our reasonable control including but not limited to:

·        natural disasters;

·        pandemics;

·        government action;

·        civil unrest;

·        strikes;

·        telecommunications failures;

·        cyber attacks;

·        utility failures;

·        supplier failures.

Performance shall resume as soon as reasonably practicable.

32. COMPLAINTS PROCEDURE

If you are dissatisfied with any aspect of our services you may submit a complaint by contacting:

Email: Chapterandchild@outlook.com

Address: Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA

We aim to acknowledge complaints within 5 business days and provide a substantive response within 28 days, although complex matters may require additional time.

 

33. CHANGES TO THESE TERMS

33.1 We may update these Terms from time to time.

33.2 Updated Terms become effective once published on the Website unless otherwise stated.

33.3 Continued use of the Website constitutes acceptance of the revised Terms.

34. SUSPENSION & TERMINATION

We may suspend or terminate access immediately where:

·        these Terms are breached;

·        fraudulent activity is suspected;

·        unlawful activity occurs;

·        payment obligations remain outstanding;

·        system security is threatened.

Termination shall not affect accrued rights or liabilities.

35. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

36. WAIVER

Failure by us to enforce any provision of these Terms shall not constitute a waiver of any rights or remedies available to us.

37. THIRD-PARTY RIGHTS

A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision unless expressly stated otherwise.

38. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Cookie Policy and any applicable service-specific agreements, constitute the entire agreement between you and Chapter & Child regarding use of the Website and our services.

39. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms unless applicable consumer legislation provides otherwise.