1.1 These are the terms and conditions on which we supply Bookabees Boxes to you. In these terms and conditions, 'You' or 'your' means the person using our site to buy a Bookabees Box or Bookabees Boxes (as defined below) from us. You can only purchase Bookabees Boxes from us if you are eligible to enter into a contract and are at least 18 years old.
1.2 Please read these terms carefully before you submit your order to us. If you buy a Bookabees Box on our Website (as defined below) or agree to subscribe for Bookabees Boxes through our membership program, you agree to be legally bound to this contract. These terms tell you who we are, how we will provide Bookabees Boxes 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 please contact us to discuss.
1.3 We keep these terms updated and we amend them from time to time, so remember to check back in before you shop as the latest set of terms and conditions will apply.
2.1 The Website www.bookabees.com (the "Website") is owned and operated by Bookabees Ltd, a company in England and Wales trading under the name Bookabees. Our company registration number is 09840645 and our registered office is 20 Bexhill Road, London, SW14 7NF. References to 'we', 'us' or 'our' means Bookabees Ltd.
2.2 You can contact us by writing to us at hello@bookabees.com.
2.3 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 When we use the words "writing" or "written" in these terms, this includes emails.
3.1 Your privacy and personal information are important to us. We will collate the information which you give to us in the order form to provide you with our online order service. By giving us this information, you consent to our use of it in order to process your data.
3.2 Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3.3 Our Privacy Policy is available at www.bookabees.com.
4.1 Our acceptance of your order will take place when we email you to accept it (the "Order Confirmation"), at which point a contract will come into existence between you and us.
4.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Bookabees Box. 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 Bookabees Box or because we are unable to meet a delivery deadline you have specified.
4.3 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. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.
5.1 The images of the Bookabees Boxes 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 Bookabees Boxes. Your Bookabees Box may vary slightly from those images.
5.2 The packaging of the Bookabees Box may vary from that shown in images on our Website.
6.1 If you wish to make a change to a Bookabees Box 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 Bookabees Box, 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.
7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as "Statutory Rights"), for example, the goods:
(a) are of satisfactory quality;
(b) are fit for purpose; and
(c) match the description, sample or model.
7.2 The Bookabees Box must comply with your legal rights.
7.3 The packaging of Bookabees Boxes may be different from that shown on the site.
7.4 Any books or other personalised products from the Bookabees Box sold:
(a) at discount prices;
(b) as remnants; or
(c) as substandard,
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
7.5 If we can't supply certain goods (such as a specific book) we may need to substitute them with alternative goods of equal or better standard and value. In this case:
(a) we will let you know if we intend to do this but this may not always be possible; and
(b) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
8.1 Nothing in this contract affects your Statutory Rights. You may also have other rights in law.
8.2 Where the contents of a Bookabees Box are considered to be faulty, please contact us using the contact details at the top of this page, if you want:
(a) us to replace the contents from the Bookabees Box;
(b) a price reduction; or
(c) to reject the Bookabees Box and get a refund.
8.3 For more detailed information on your rights and what you should expect from us, please:
(a) visit our webpage;
(b) contact us using the contact details at the top of this page; or
(c) visit the Citizens Advice Website www.citizensadvice.uk or call 03454 04 05 06.
9.1 The costs of delivery will be as displayed to you on our Website. Please read and check your order carefully before submitting it.
9.2 The Bookabees Boxes can either be purchased individually, as part of a fixed term subscription package or as part of an ongoing subscription.
9.3 You may convert individual purchases or fixed term subscriptions (such as gifts) into longer term or ongoing subscriptions. The terms and conditions that apply to your purchase will depend on the subscription model chosen by you.
9.4 We may provide subscription packages on a rental basis (a "Rental Subscription") or on an ownership basis. The terms and conditions of your subscription package will depend on the subscription model chosen by you.
9.5 Each box will contain a number of books from children's authors and activities in a personalised package (the "Bookabees Box"). The number of books (one, three or five) in each Bookabees Box will depend on your specific order or subscription package.
9.6 The Bookabees Boxes should always be opened by an adult or in the presence of a supervising adult.
9.7 Where the Bookabees Box is purchased as part of a Rental Subscription:
(a) the books can be read and enjoyed for up to 2 months;
(b) you will incur additional charges for each book you retain after the 2 month period; and
(c) the cost of each subscription will automatically be deducted without further notice to you and will renew automatically unless, you end the contract as described in clause 11 or we end the contract by written notice to you as described in clause 13.
9.8 The terms of any subscription may change due to changes in your subscription membership.
9.9 During the order process we will let you know when we will provide the Bookabees Box to you. If the Bookabees Box is purchased as part of a subscription package, we will continue to supply the Bookabees Boxes to you until:
(a) the term specified in your subscription package (if applicable) ends; or
(b) you end the contract as described in clause 11; or
(c) or we end the contract by written notice to you as described in clause 13.
9.10 If our supply of the Bookabees Box 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 Bookabees Boxes you have paid for but not received.
9.11 If no one is available at your address to take delivery and the Bookabees Box cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Bookabees Boxes from a local depot.
9.12 If you do not collect the Bookabees Boxes from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.
9.13 The Bookabees Box will become your responsibility from the time we deliver the Bookabees Box to the address you gave us or you.
9.14 You own the Bookabees Box once we have received payment in full (including the additional costs incurred if you choose to retain any particular book as part of your subscription).
9.15 We may need certain information from you so that we can supply the Bookabees Boxes to you, for example, your name, address, billing information, records of your transactions with us, your purchase history as well as information to optimise our service such as the gender, age and reading preferences of your child. We will not be responsible for supplying the Bookabees Box 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.
9.16 We may have to suspend the supply of a Bookabees Box to:
(a) deal with technical problems or make minor technical changes;
(b) update the Bookabees Box to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Bookabees Box as requested by you or notified by us to you.
9.17 We will contact you in advance to tell you we will be suspending supply of the Bookabees Box, unless the problem is urgent or an emergency. If we have to suspend the supply of the Bookabees Box we will adjust the price so that you do not pay for Bookabees Boxes while they are suspended. You may contact us to end the contract for a Bookabees Box if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 and we will refund any sums you have paid in advance for the Bookabees Box in respect of the period after you end the contract.
10.1 At our discretion, we may provide discounts to the price of selected Bookabees Boxes for new customers.
11.1 You have the right to cancel this contract within 14 days without giving any reason.
11.2 Outside this 14 day period, you have the right to cancel an ongoing subscription as long as you provide 7 days notice and we have not yet started processing the Bookabees Box. This right of cancellation does not extend to pre-paid, fixed term subscriptions.
11.3 To exercise this right to cancel, you can electronically fill in and submit a clear statement of your decision to cancel the contract on our Website. This form of exercise is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email without delay.
11.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.1 If you have received the Bookabees Box:
(a) you shall send back the Bookabees Box back to us by post or by hand to 20 Bexhill Road, London, SW14 7NF without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us;
(b) the deadline is met if you send back the Bookabees Box before the period of 14 days has expired;
(c) we will bear the of returning the Bookabees Box; and
(d) you are only liable for any diminished value of the Bookabees Box resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Bookabees Box.
12.2 If this contract is ended it will not affect our right to collect and receive any money which you owe (including, for the avoidance of doubt, any reasonable interest and administration charges incurred in recovering the debt) to us under this contract.
13.1 We may end the contract for a Bookabees Box at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Bookabees Boxes, for example, the delivery address or billing information; and
(c) you do not, within a reasonable time, allow us to deliver the Bookabees Boxes to you or collect them from us;
13.2 If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Bookabees Boxes we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may write to you to let you know that we are going to stop providing the Bookabees Box. We will let you know at least 14 days in advance of our stopping the supply of the Bookabees Box and will refund any sums you have paid in advance for Bookabees Boxes which will not be provided.
14.1 If you have any questions or complaints about the Bookabees Box, please contact us. You can write to us at hello@bookabees.com or Arch 4, Crucifix Lane, SE1 3JW.
14.2 We are under a legal duty to supply Bookabees Boxes that are in conformity with this contract. Nothing in these terms will affect your legal rights.
15.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies hereby expressly exclude (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any Websites linked to it and any materials posted on it.
15.2 If we fail to comply with these terms, we shall only be liable to you for the purchase price of the Bookabees Box and 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. 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.
15.3 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 Bookabees Box including the right to receive Bookabees Box which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and under the Consumer Protection Act 1987.
15.4 We only supply Bookabees Boxes for domestic and private use. If you use the Bookabees Boxes 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.
16.1 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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Bookabees Boxes not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 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.
16.5 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 Bookabees Boxes, we can still require you to make the payment at a later date.
16.6 These terms are governed by English law and you can bring legal proceedings in respect of the Bookabees Boxes in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Bookabees Boxes in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Bookabees Boxes in either the Northern Irish or the English courts.
17. These terms of use govern your use of our service whether you visit or shop at Bookabees.com, use applications for mobile or use software provided by Bookabees in connection with any of the foregoing. References to access to our site includes access to the mobile version of our Website, including through our mobile application.
18.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
18.2 The site is for your non-commercial use only.
18.3 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
20. Creating an account requires you to set up a username and password. By clicking the "I Agree" button yourself (or "Accept"), you affirm that you have reached the legal age of majority, understand this agreement and accept its terms, and accept the Bookabees Privacy Policy, which is incorporated into and considered part of this agreement. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement and the Bookabees Privacy Policy. The Bookabees Privacy Policy is set out on our Website.
20.1 If you are a parent or legal guardian, you may create a Bookabees account linked to your own account or consent to the creation of an account for your children. If you are accepting these terms as a parent or legal guardian, you represent that you are the parent or legal guardian, you affirm that you accept this agreement and the Bookabees Privacy Policy on behalf of your child and you accept all legal and financial responsibility for their actions and compliance with these terms. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
20.2 You remain responsible for all actions taken under the chosen username and password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
21.1 As the parent or legal guardian, you are responsible for monitoring your child's access to or use of the Bookabees Website, services provided through the Website, as well as any communications made or received by your child on or thorough the Bookabees Website. You are also responsible for the use of your account by your children or others.
21.2 Some content may be objectionable for some users. Please consider what is appropriate for your child and check any content ratings or descriptions where available before you purchase any Bookabees Boxes or permit your child to do so. You may also be able to set other restrictions for your child's account settings, including control of communication features and online accessibility.
23. The information and Bookabees Box included in or available through our Website may include inaccuracies or typographical errors. Changes are periodically added to the information contained in the Website. Bookabees may make improvements and or changes to our Website at any time. Advice received via our Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
23.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when this contract was formed; or
(ii) that were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
24.1 Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by you.
24.2 This Website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
24.3 Nothing in these terms and conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
24.4 The use of any trade marks on the Website is strictly prohibited unless you have our prior written permission.
25.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards stated above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
25.2 While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable ("Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions.
25.3 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards stated above.
26.1 The Website may contain hyperlinks or references to third party Websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party Website does not mean that we endorse that third party's Website, Bookabees Box or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
27.1 We shall have no liability to you for any breach of these terms and conditions caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
28.1 No one other than a party to this contract has any right to enforce any of the terms of this contract.
29.1 No changes to this contract are valid or have any effect unless agreed by us in writing. We reserve the right to vary the terms of this contract from time to time. Our updated terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check the terms and conditions from time to time to verify such variations.
30.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.
30.2 If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.
30.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these terms and conditions.