Terms & Conditions
When the following words with capital letters are used in these Terms, this is what they will mean:
- Event Outside Our Control: is defined in clause 10:
- Boxes: the boxes that We are selling to you as set out in the Order;
- Order: your order for the Boxes;
- Postcards: the information postcards which We may from time to time include in the Boxes;
- Products: the products contained within the Boxes;
- Service: the supply of Boxes in accordance with your subscription to Project B;
- Terms: the terms and conditions set out in this document; and
- We/Our/Us: Azaria Limited, a company incorporated and registered in England and Wales with Company Number 05171565 whose registered office address is at Unit 1, Parkhill, Castle Ashby, Northamptonshire, NN7 1LF.
When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
These Terms will apply to any contract between Us for the sale of Boxes to you ("the Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Boxes from Our site. Please note that before placing an Order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Boxes from Our site.
After placing an Order on Our standard order form, you will receive an e-mail from Us acknowledging that We have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy Boxes by subscribing to Our Service. All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the first Box you are due to receive as part of the Service has been dispatched (Dispatch Confirmation). The contract between Us will only be formed when We send you the Dispatch Confirmation.
Your Boxes will be delivered by several instalments, each such instalment shall be treated as a separate and identifiable contract. We will send you a Dispatch Confirmation via email to confirm when each Box you are due to receive as part of the Service has been dispatched. We shall be entitled to suspend or cancel delivery of any Box whilst payment is overdue in respect of any previous instalment or under any other contract with you, without prejudice to the exercise of any other rights hereunder or under any other such contract.
Our website is only intended for use by people resident in the United Kingdom and for the promotion of Our Service in the United Kingdom. Unfortunately, We do not accept Orders from individuals outside the United Kingdom.
The images of the Boxes and the Products on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Boxes or the Products. Your Boxes or Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on Our site.
We welcome Project-B being given as a gift. The gift purchaser is bound by the Terms. It is the sole responsibility of the gift purchaser to ensure that the recipient is aware of these Terms.
You may only subscribe to Our Service and purchase Boxes from Our site if you are at least 18 years old.
The Postcards contain general information about wellbeing related matters and are provided for information purposes only. Whilst We have taken reasonable steps to ensure that the information contained within them is correct no warranty is made, either express or implied, as to their accuracy or fitness for purpose. The material is not intended to be a statement of fact or procedure and should not be relied upon by you, or be conveyed to a third party, as such. Responsibility cannot be accepted by Us, or on behalf of Us for errors, omissions, misleading statements or the consequences thereof.
Changes to order or terms
We may revise these Terms from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 5.5.
Price and payment
The prices of the Boxes will be as quoted on Our site from time to time. We use Our best efforts to ensure that the prices of Boxes are correct at the time when the relevant information was entered onto the system. All prices are inclusive of delivery charges.
These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Boxes in full before the change in the rate of VAT takes effect.
Prices for Our Boxes may change from time to time, but changes will not affect any order which We have already confirmed with a Dispatch Confirmation.
Where you have chosen to pay for Our Service in a one-off upfront lump sum, you must make payment for the Service in advance. We accept payment through the WorldPay service only. We will not charge your WorldPay account until We dispatch the first Box to you.
Where you have chosen to take advantage of Our subscription plan, your subscription shall consist of an initial payment followed by recurring monthly charges as agreed to by you, up to and including your final 'Project Complete' Box once your baby has arrived. By choosing to use Our subscription plan, you acknowledge that you shall be responsible for the payment of all recurring charges from the date of the Contract until your final 'Project Complete' Box has been dispatched. You must make the initial payment for the first Box in advance. We accept payment through the WorldPay service only. Thereafter you agree that We are permitted to charge our monthly subscription fee and any other charges that you may incur in connection with your use of Our Service. This charge will continue monthly unless and until you cancel in accordance with clause 5.5 or until the dispatch of your 'Project Complete' Box. We will automatically charge your WorldPay account each month when We dispatch the next Box to you.
Please note that should your account fall in to arrears, We reserve the right to cancel your Order with immediate effect and seek payment in full of the outstanding amount.
If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
However, if you dispute any amount that is due to Us in good faith and contact Us to let Us know promptly that you dispute any amount due to Us, clause 4.7 will not apply for the period of the dispute.
We use Sage Pay to securely collect/process transaction information. You can find out more about their security policy here.
Right to Cancel and Refunds
You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep your first Box, you can notify Us of your decision to cancel the Contract and receive a refund.
Your legal right to cancel this Contract starts from the date of the first Dispatch Confirmation, which is when the Contract between Us is formed. If the first Box has already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the first Box. Working days means that Saturdays, Sundays or public holidays are not included in this period.
If you cancel this Contract in accordance with clause 5.1, You will receive a full refund of all money you have paid to Us to date for the use of Our Service and any applicable delivery charges you have paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave Us notice of cancellation as described in clause 14.
Unless you confirm otherwise, We shall deliver each Box monthly from the first month of your request. Should your pregnancy end sooner than expected, you have the choice whether to cancel all remaining Boxes or to receive all outstanding Boxes up to your 'Project Complete' Box. We rely solely on you informing Us of any changes to your pregnancy status and therefore Box requirements. We cannot be held responsible for any Boxes that do not coincide accurately with your pregnancy changes or timings, or baby arrival. You can terminate your subscription or change your payment method by logging in to your customer account and edit through the 'Member's Login' tab.
After the time period set out in clause 5.2 has expired, you may cancel your subscription giving us 30 days notice. . You will not be charged any cancellation fee. You can re-subscribe at any time following your cancellation, but We reserve the right not to permit re-subscription where We have previously elected to terminate a subscription by you. On termination of your subscription, your outstanding monthly payments will be cancelled. If you wish to cancel your subscription it is your responsibility to ensure that you provide us 30 days notice. . We are unable to cancel a payment which has already been processed.
Subject to clause 5.1, We are not able to refund any one-off upfront lump sum payments made in full regardless of whether the Boxes are cancelled.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Delivery of goods
Unfortunately, We do not delivery to addresses outside the UK, PO Box addresses or BFPO Box addresses.
Your Boxes will be delivered by the estimated delivery date set out in the relevant Dispatch Confirmation, unless there is an Event Outside Our Control. If We are unable to meet the estimated delivery date because of an Event Outside Our Control, We will contact you with a revised estimated delivery date.
The delivery of each Box shall be completed upon the delivery of each Box to the address you gave Us.
The Box and the Products will be your responsibility and at your risk from the completion of delivery.
You shall own the Box and the Products once We have received payment of all sums that are due to Us in full, including all applicable delivery charges.
It is your responsibility to report to Us through Our website any Boxes which are not delivered within 7 days of the estimated delivery date set out in the relevant Dispatch Confirmation. Customers are requested to cooperate with the delivery company's investigations. Failure to do so will result in no refund being due to you.
If you change your address, it is your responsibility to change the address details for your account to ensure that no Boxes are sent to the wrong address. Please allow a minimum of 14 days' notice for any change of address.
Damaged or Defective Products
We warrant to you that any Boxes purchased from Us through Our site and the Products will, upon delivery, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
You should inspect each Box and the Products as soon as possible after delivery and notify Us within 2 working days of delivery of any defects. We will, at Our discretion, replace any defective Products that are notified to Us as having been damaged or containing a defect within this time and where the Box in question and all relevant Products contained within that Box have been returned to us within 7 working days of delivery. If you do not notify Us of any damage of defects to the Products within 2 working days of delivery or returned the Box together with all relevant Products within 7 working days of delivery you shall be deemed to have accepted the Products.
If you are dissatisfied with a Product in any way, please get in touch with Us via email@example.com. We retain the right to request a return of any defective Products by recorded delivery to Project-B, Unit 1 Parkhill Offices, Parkhill Road, Castle Ashby, Northants, NN7 1LA. If a fault is agree, a full refund will be given for the returned Products.
The Products come with a manufacturer's guarantee. For details, please contact the manufacturer of the Products. This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described.
Our rights to cancel
We may have to cancel your subscription to Our Service at any time before the final 'Project Complete!' Box is dispatched to you due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
If We have to cancel your subscription to Our Service under clause 8.1, any outstanding monthly payments will be cancelled.
Our liability to you
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into this contract.
We only supply the Boxes and the Products for domestic and private use. You agree not to use the Boxes or the Products for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);
breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal for Us to exclude or attempt to exclude Our liability
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, non-performance by suppliers or subcontractors, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will use Our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which Our obligations under the Contract may be performed despite the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the contract in accordance with clause 5.5 if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with clause 8.1.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by Us of any default will not constitute a waiver of any subsequent default.
No waiver by Us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 below.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Transfer Of Rights And Obligations
The Contract between you and Us is binding on you and Us and on Our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
We may give notice to you at either the e-mail or postal address you provide to Us when placing an Order, or such other address as you notify Us of. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
These Terms and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of Us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
Each of Us agrees that Our only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
Law And Jurisdiction
Contracts for the purchase of boxes and the use of Our Service through Our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.