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EST. 1998
Not For Everyone

Firebox App Terms and Conditions

We are Firebox.com Limited (“Firebox”, “we”, “us” or “our”) and we are registered in England and Wales with Company number 3874477. Our registered office is 21-27 Lamb’s Conduit Street, London, WC1N 3GS. Our UK VAT number is GB 798659341. Our Irish VAT number is IE 9814224O. Our Italian VAT number is IT 00152439998. Our Spanish VAT number is ES N82628431. Our trading address is Firebox.com Limited, 6.10 The TEA Building, 56 Shoreditch High Street, London E1 6JJ.

Please read this document carefully. It (together with our privacy policy) (www.practicallaw.com/2-201-7192) (www.practicallaw.com/5-201-7195) tells you information about us and the legal terms and conditions (“Terms”) regarding:

PART 1: your use of our mobile application (the “App”) (please see the ‘Terms of App Use’ section) ; and

PART 2: the sale of our products (“Products”) listed on the App (please see the ‘Terms and Conditions of Sale’ section).

If you wish to use www.firebox.com (“our site”) and/or purchase Products on our site you are advised to read our separate terms and conditions relating to the purchase of Products on our site.

CONTENTS

PART 1: Terms of App Use PART 2: Terms and Conditions of Sale

Part 1: Terms of App Use

ACKNOWLEDGEMENTS

  1. In consideration of you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive licence to use the App on your mobile device or tablet, subject to these Terms and the rules of the app store from which you downloaded the App. We reserve all other rights.
  2. We do not sell the App to you. We remain the owners of the App at all times.
  3. If you do not agree to these Terms, we will not license the App to you and you must remove the App from your device.
  4. From time to time updates to the App may be issued through the app store from which you download the App. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
  5. You must reimburse Firebox for any loss or damage caused as a result of any breach of these Terms.

Licence Restrictions

  1. You shall not copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security or otherwise as required to be permitted by law.
  2. You shall not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App except as required to be permitted by law.
  3. You shall not make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs except as required to be permitted by law.
  4. You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent as required to be permitted by law.
  5. You shall keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App.
  6. You shall include our copyright notice on all entire and partial copies you make of the App on any medium.
  7. You shall not provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.
  8. You shall comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

  1. You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system.
  2. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material or information.
  3. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.
  4. You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
  5. You must not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.

INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge that all intellectual property rights in the App belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use the App in accordance with these Terms.
  2. The intellectual property rights extend to the design, look and feel of the App, all photographs on it and our marketing materials.
  3. You acknowledge that you have no right to have access to the App in source-code form.
  4. “FIREBOX” is our registered trade mark and our logos and domain names are trade names or trade marks of Firebox and may not be used by anyone else without our express permission.

YOUR INFORMATION

  1. You undertake that all information provided by you for the purposes of using the App are accurate and complete. You will be asked to verify that your phone number is accurate so that we can verify your identity.
  2. You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on the App. You will notify us immediately of any unauthorised use of them or any other breach of security of the App of which you become aware.

WARRANTY

  1. Whilst we endeavour to ensure that any material available for downloading from the App is not contaminated in any way, we do not warrant that such material will be free from bugs, viruses and/or similar code.
  2. Due to the nature of software and the internet, we do not warrant that your access to or the running of the App will be uninterrupted or error free.
  3. We make no warranty or guarantee that the App or information available in it complies with laws other than those of England.
  4. To the extent that is required to be permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.

LIMITATION OF LIABILITY

  1. We will not be liable for any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
  2. We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your device.
  3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise (except loss which is reasonably foreseeable) arising under or in connection with:
    1. use of, or inability to use, the App; or
    2. use of or reliance on any content or information displayed on the App.
  4. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your device, data or other proprietary material due to your use or download of the App.
  5. We do not exclude liability for death or personal injury. This clause does not apply to the purchase of Products which is subject to separate liability exclusions set out below in 12.3 Liabilities.
  6. As part of its functionality, the App will permit you to upload the name and mobile number of the Gift Recipient (as defined in clause of the ‘Terms and Conditions of Sale’ section). We do not accept liability for your failure to obtain consent of the Gift Recipient regarding your supply to us of their personal information and our use of that information to perform our obligations set out in these Terms.

TERMINATION

  1. We may terminate these Terms immediately by written notice to you:
    1. if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
    2. if you breach any of the restrictions in clause or clause .
  2. You may terminate these Terms at any time by uninstalling the App; you do not need to give us notice.
  3. On termination for any reason you must immediately cease using the App and delete the App from your device and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
  4. Nothing in this clause will affect:
    1. any orders for Products made by you before termination;
    2. any consumer protection rights available to you by law (including your statutory right to cancel as described in clause 11 in the ‘Terms and Conditions of Sale’ section of these Terms).


Part 2: Terms and Conditions of Sale

SHOPPING WITH THE APP

  1. You can order Products in the following ways:
    1. via the App
    2. online via www.firebox.com. Before doing so you are advised to read the separate terms and conditions relating to the purchase of Products on our site; and
    3. by telephoning 0800 044 5010 (UK) or 0044 20 33683410 (INT)

How a contract is formed between you and Firebox

  1. When you place an order for a Product by using the App you are agreeing to buy it for the price shown on the App, subject to these Terms.
  2. The Gift Recipient is not a party to any contract for the supply of Products between you and Firebox.
  3. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  4. When you place your order:
    1. We will take payment as soon as you place your order as per clause at which point a contract is formed between you and us;
    2. the Gift Recipient will receive an automatic SMS which will be sent from your mobile number and addressed from you in which you inform the Gift Recipient that you have purchased a Product (or Products) as a gift for him or her;
    3. the Gift Recipient will receive another automatic SMS from us informing them you have bought a Product as a gift for him or her and requesting their address details for delivery. We will not deliver the Products until we have received the Gift Recipient’s response; and
    4. we will send to you a SMS asking you to verify your phone with Firebox.
  5. If we do not receive your response to our SMS sent in accordance with clause within 24 hours we will automatically cancel your order.
  6. If you choose to cancel your order or if you fail to respond to our reminder SMS sent in accordance with clause , we will refund the price of the Products in full.
  7. Please be aware that once the following takes place:
    1. you have successfully placed an order;
    2. we have received the relevant delivery address details; and
    3. it has been received by our warehouse
    we are unable to amend the order or details provided.
  8. Firebox may cancel any contract between you and us and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If we cancel your order, any payment made for the Products will be refunded in full.
  9. Each order that you place with us will be a separate contract between you and us and each contract will be subject to these Terms.
  10. Products marked “Firebox UK First” are those where Firebox is (or was originally) the first UK-based internet retailer to supply the Product to the UK market.
  11. Nothing in this clause 2 affects your right to cancel a contract in accordance with clause 11.9.

PRICE

  1. The price for each Product is shown on the website and includes any relevant sales taxes (such as VAT) at the current rate and all delivery costs. Gifts will be despatched on our standard delivery service.
  2. Prices are quoted in the app are in GBP sterling because the app only accepts payments in the United Kingdom and only ships within the United Kingdom. Charges and refunds shall only be made in GBP sterling.

PAYMENT

  1. You must provide full and accurate payment details (e.g. credit card, debit card or gift voucher) at the point of submitting your order.
  2. We will take payment from your credit card, debit card or gift voucher as soon as you place your order.
  3. We currently accept VISA, MasterCard and Paypal.
  4. To ensure that shopping in the app is secure, when paying by credit or debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also carry out additional security checks to confirm it is you making the order. In the event your card is declined please contact your card issuer to authorise the transaction.
  5. Order and invoice details will be sent to the credit card billing address, delivery details will show on the despatch note only.
  6. Where payment is made by you using methods other than Visa, MasterCard or Paypal there may be a delay to your order while we verify your age. Orders may also be subject to delay should we need to carry out additional security checks. Security searches may include: Electoral Roll, credit check, Experian FraudID, and bank - name and address checks.

GIFT VOUCHERS

  1. Gift vouchers must be redeemed within 1 year of purchase and cannot be set off against Products that have already been paid for.
  2. If the value of the order exceeds the value of a gift voucher, the balance must be paid by credit or debit card, or via PayPal.
  3. Unused balances will be held within the recipients voucher for the remainder of the 1 year period referred to in clause 5.1. At the end of that 1 year period the voucher (and any credit remaining on it) will expire.
  4. Gift vouchers have a cash redemption value of 0.001p.
  5. Vouchers can only be used for in-stock Products and not for pre-ordered Products. Vouchers cannot be used to purchase Products which are already subject to other promotional offers.

PROMOTIONAL VOUCHER CODE TERMS

  1. If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.
  2. Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.
  3. Only one promotional voucher code can be redeemed against any single order. If there is an unused balance of discount or credit remaining on the promotional voucher code, that balance will be extinguished and cannot be redeemed with any other orders.
  4. Promotional voucher codes cannot be re-used.
  5. Promotional voucher codes have a cash redemption value of 0.001p and are not transferable.
  6. Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion.
  7. Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.
  8. Certain Products cannot be purchased with promotional voucher codes. Such Products are clearly marked on their respective Product pages.
  9. The issuing of promotional voucher codes may be restricted (for example, one per email address). Please see the promotional page for details.
  10. Firebox promotional voucher codes cannot be used to purchase regular Firebox gift vouchers.

PRODUCTS

  1. 7.2​The images of the Products on the App are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your device’s display accurately reflect the Products. Your Products may vary from those images.
  2. Certain Products advertised on the App (including but not limited to alcoholic beverages and dangerous items like knives) can only be purchased if you or any Gift Recipient satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products. We reserve the right to request proof of age and not to supply Products to users that we suspect do not meet the legal age requirements.

DELIVERY

  1. ​We aim to deliver the Products to the intended delivery address within 30 days from the date of order. If we are unable to meet the estimated delivery date because of an event outside our reasonable control we will email to you a revised estimated delivery date.
  2. ​​Delivery will be completed when we deliver the Products to the intended delivery address.
  3. ​The Products will be your responsibility from the completion of delivery even though they may be delivered directly to the Gift Recipient.
  4. ​​You own the Products once we have received payment in full, including all applicable delivery charges. This is the case even though you may decide to transfer ownership to a third party (e.g. the Gift Recipient).

INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS

  1. We do not give any warranty or representation in respect of the trade marks or trade names of any of the Products or brands featured on the website.
  2. ​We do not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.

​PRIVACY AND DATA POLICY

  1. Firebox makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with our Privacy Policy.
  2. Firebox is registered with the Information Commissioner in accordance with the Data Protection Act 1998.

RETURNS

  1. We believe that you will be delighted with your Products but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these Terms do not affect your statutory rights.
  2. We will try to attend to all return requests as soon as practically possible.
  3. ​Please note that returns are not able to be accepted in person at our registered office address.
  4. Nothing in this agreement will affect your statutory rights.
  5. 30 Day Money Back Guarantee
  6. ​​Our policy is to ensure that you are satisfied every time you place an order. If you are unhappy with a Product when you receive it or if you simply change your mind please return it to us within 30 days from the date of despatch of your order, with the despatch note, having taken reasonable care of it and in an unused state complete with packaging and all components, and we will refund to you the price paid for that Product.
  7. ​We will pay the refund using the same method of payment as you used to purchase the Product. Payment will be made within 30 days or earlier once we have inspected the returned Product and are satisfied that it has been returned to us in the condition required by clause 11.5 above.
  8. ​Firebox offer free returns within the UK and up to £7 per kilo postage charge outside the UK, please obtain proof of postage when returning items.
  9. ​​Certain Products are excluded from this 30 day money back guarantee. Those Products will be clearly marked on their respective Product information pages on the website. They include (for example): food; perishable items; personalised products; or Products made to order. These Products cannot be returned for a refund unless faulty.
  10. Statutory Cooling Off Rights
  11. ​You have the right to cancel a contract with us within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires physical possession of the Product.
  12. ​To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement in writing sent to the details shown in clause 11.18. You can also use our model cancellation form at media.firebox.com/returns_forms/cancellation_form.pdf.
  13. If you cancel an order, we will repay to you the price of the order including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). If you cancel only part of an order, we will repay to you that part of the price which relates to the returned Products.
  14. We may make a deduction from the amount due to you which reflects the loss in value of any Products supplied if the loss is the result of unnecessary handling or damage caused by you.
  15. We will make the repayment without undue delay and not later than:
    1. 14 days after the day we receive back from you any Products supplied, or
    2. ​(if earlier) 14 days after the day you provide evidence that you have returned the Products.
  16. ​We will repay (in pounds sterling) the price of the returned Products using the same means of payment as you used to pay for the order, unless you and we have expressly agreed otherwise. You will not incur any fees as a result of the repayment.
  17. At our request we (or our nominated courier service) may collect the Products from you. Otherwise you shall send back the Products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The deadline is met if you send back the Products on or before the expiry of the 14 day period.
  18. You will be able to return the products free of charge in the UK and up to a maximum cost of £7 per kilo from outside the UK if the Products are unwanted, faulty or damaged in transit.
  19. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  20. Returns Process
  21. To exercise the right to cancel or the 30 day money back guarantee, please notify us using the following details:
    1. Email: info@firebox.com;
    2. Post: Firebox, 6.10 The TEA Building, 56 Shoreditch High Street, London E1 6JJ;
    3. Phone: UK 0800 044 5010/ International 0044 20 33683410.
  22. We may allocate you with a returns code which should be included with the package so that we can process your return.
  23. To return the Products in accordance with this clause 11, in the first instance please contact our customer service team at info@firebox.com who will provide freepost data where possible, if despatching via any other service please use a secure delivery method which requires a signature upon receipt (such as via Royal Mail First Class Recorded Delivery) and return to:
    Firebox.com Returns
    c/o Arvato UK & Ireland
    Plot 10A Faraday Avenue
    Hams Hall Distribution Park
    Birmingham
    B46 1AL
    United Kingdom
  24. ​You will be responsible for the returned Products until they reach us, you should retain your proof of postage.

​FIREBOX LIABILITIES

  1. ​​​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 these 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 are an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
  2. ​We only provide the App, and supply the Products listed on the App, for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. ​We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. ​fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    4. ​any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
    5. ​defective products under the Consumer Protection Act 1987.
  4. ​​Subject to clause 12.3, Firebox will not be liable in any amount for failure to perform or delay in performance of any obligation under a contract if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, industrial action, fire, flood, war or act of God.
  5. ​​​​You (or the Gift Recipient) must read the instructions, manuals and other user documentation that comes with your Products carefully. Firebox is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer's guidelines. We recommend that you use all Products safely and in accordance with the manufacturer's guidelines.
  6. ​​​​Except as provided in these Terms we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

FIREBOX RESPONSIBILITIES

  1. ​​Firebox has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on the website or contact us for exact sizes.
  2. ​​​Firebox shall insure ordered Products at their retail value whilst being delivered to you. We will not cover any subsequent loss or destruction following delivery.
  3. ​​​Nothing in these Terms will affect your legal rights or our responsibility to send the Products to you in conformity with these Terms.

GENERAL

  1. Firebox may revise these Terms from time to time. Any changes to our Terms will be notified on the website. You must check these Terms whenever you place an order with us.
  2. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
  3. You may only transfer your rights or our obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of any warranties we give to you under this contract to the recipient of the gift without needing to ask our consent.
  4. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
  5. If Firebox does not enforce any provision of this agreement such will not be considered a continuing waiver.
  6. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  7. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
  8. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  9. In the event that any part of these Terms is held to be unenforceable, such part will at Firebox’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
  10. These Terms are governed by English law. This means a contract for the purchase of Products through Firebox.com and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

NOTICES

  1. ​​All notices shall be given to us, by email or by post to our addresses provided in clauses 11.18.1 ​​​and 11.18.2 respectively.
  2. ​All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.

CONTACTING US

  1. If you would like help when ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at info@firebox.com. You can also contact us by:
    1. post at Firebox, 6.10 The TEA Building, 56 Shoreditch High Street, London E1 6JJ;
    2. fax to 020 7197 1279; or
    3. by telephoning (UK) 0800 044 5010 or (International) 0044 20 33683410 between the hours of 9.00am and 6:00pm Monday to Friday.