Terms Of Service

OVERVIEW

Welcome to ScrawlrBox. This website is maintained and operated by ScrawlrBox ltd (“ScrawlrBox”). Throughout the site, the terms “we”, “us” and “our” refer to ScrawlrBox. ScrawlrBox offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

ScrawlrBox provides a curated art supply monthly subscription service. By visiting our site and/or subscribing to the ScrawlrBox service or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, subscribers, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SUBSCRIPTION TERMS

By agreeing to these Terms of Service, you represent that you are at least thirteen years of age. If you are a minor you must obtain the consent of your parent or legal guardian to use the Services or the site.

You may not use our Service or any products you obtain through the Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms, Trojan horses, viruses or harmful code. You may not use spiders, robots, data mining techniques or automated devices or programs to reproduce, store or distribute content available on the site or to manipulate the site. You may not interfere with, or disrupt the site or any other user’s use of the site. You may not resell the Services or use of the site to any third party. 

A breach or violation of any of the Terms will result in an immediate termination of your Service

SUBSCRIPTION TYPE

ScrawlrBox offers a recurring monthly subscription plan. By purchasing a subscription plan, you acknowledge that your subscription plan has an initial and recurring payment. At the end of the initial period specified in the plan, your subscription will be automatically renewed for successive periods of the same length at the current plan rate until you cancel your subscription. On purchase a recurring 1-month plan, one month after purchase, your subscription will automatically renew and you will be billed for an additional one month. Automatic renewals will continue until you cancel your subscription. You can cancel your subscription at any time. You are responsible for paying all recurring charges prior to cancellation.

Gift subscriptions: Gift subscriptions are purchased on the same automatic renewal terms as regular subscriptions.

Shipping dates and/or arrival times are only estimates. International subscribers should expect a delayed delivery time. For loss/damage claims, you must notify us within 15 days of the date of your order has shipped if you believe all or part of your order is missing or damaged.

If any product purchased with the Service is defective, you may return it and we will send you a new item. This new product may be a replacement product of the same kind, or a different product equal to the value of the defective product. If we are absolutely unable to replace the defective product, we will credit your account.

To request a return, please contact us at [email protected] When returning a product, it is your responsibility to take reasonable care to see that the product is not damaged in transit and is received by us at our address as displayed on the website.

REFUNDS

You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the ScrawlrBox refunds policy (see below).

Each box subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within fourteen days of receiving your first monthly box. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). To cancel your order and obtain a refund, you must inform ScrawlrBox by email, giving us your name, address and order reference. You must return the products to ScrawlrBox within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. ScrawlrBox has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. ScrawlrBox’s refunds policy is: if you cancel an order within the fourteen-day cancellation period (see above), ScrawlrBox will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.

ScrawlrBox will refund the price of the products in full, including the cost of delivery paid by you. However, you will be responsible for the cost of returning the products to ScrawlrBox. ScrawlrBox will refund the purchase price and delivery costs using the same method originally used by you to pay for your purchase.

MONTHLY DELIVERY

Each month an ScrawlrBox subscription member will receive a box with 5-7 full size premium curated art products. Subscription boxes for a particular month start shipping in the middle of that month. The selection of art products may change each month. ScrawlrBox does not guarantee the availability of any specific art product.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our subscription Service and other products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases on the site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SUBMITTED CONTENT

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submitted content”), you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.

We are and shall be under no obligation (1) to maintain any Submitted Content in confidence; (2) to pay compensation for any Submitted Content; or (3) to respond to any Submitted Content.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, lewd, vulgar, threatening, libellous, defamatory, racially or ethnically objectionable, pornographic, obscene, unsolicited advertising, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Submitted Content will not violate any right of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You further agree that your Submitted Content will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Submitted Content posted by you or any third-party.

If you believe that any posted to this site infringes your copyright or other intellectual property rights, you should notify us of your claim. ScrawlrBox will review notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: ScrawlrBox Ltd, 20-22 Wenlock Rd, London N1 7GU

Notices of alleged infringement must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorised version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorised to act on the owner’s behalf.

PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. View our Privacy Policy here.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ScrawlrBox Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the site is secure, that its contents are accurate or reliable, or that the site is free of defects, viruses or other harmful components.

In no case shall ScrawlrBox Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ScrawlrBox Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Local Taxes/Fees

You may be charged local sales tax or VAT, if applicable. International subscribers will be responsible for paying all fees associated with the delivery of their subscription, including taxes and tariffs.

International Access

This website may be accessed from countries other than the United Kingdom. This website and the Services may contain products or references to products that are only available within the United Kingdom. Any such references do not imply that such products will be made available outside the United Kingdom. If you access and use this website outside the United Kingdom you are responsible for complying with your local laws and regulations.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law of England and Wales.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]