Terms Of Service (Effective April 1, 2020)
This Terms of Service Agreement (“Terms”) governs your use of the Waxscription (“The Waxing Club,” “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “Waxscription Services”), and your purchase of the memberships and products sold through the Waxscription Services. By using the
Waxscription Services, you agree, without limitation or qualification, to be bound by these Terms. If you do not agree, please do not use the Waxscription Services.
Waxscription may revise these Terms at any time, in which case we will give you notification of such changes. You have a right to terminate your agreement as set out above if you no longer want to continue to use the Services under any revised Terms. Your continued usage of the Waxscription Services on notification of such changes will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Waxscription Services are protected by law, including, but not limited to, United Kingdom and United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Waxscription Services for any reason.
You must be 18 years of age or older to visit or use the Waxscription Services in any manner. By visiting or using any of the Waxscription Services or accepting the Terms, you represent and warrant to Waxscription that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Waxscription that you will use the Waxscription Services in a manner consistent with any and all applicable laws and regulations.
- USE OF WAXCRIPTION SERVICES
2.1 The Website
Although we aim to offer you the best service possible, we make no promise that the Waxscription Services will be available all of the time, meet your requirements or be fault free. If a fault occurs in any of the Waxscription Services, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
Your access to the Waxscription website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the website as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at firstname.lastname@example.org.
2.2 Use Restrictions
The content on the Waxscription Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trade marks, trade names, service marks, logos, information obtained from Waxscription’s licensors, and any other materials displayed through the Waxscription Services (collectively, the “Contents”) is protected by copyright under United Kingdom, United States and foreign laws. Title to the Contents remains with Waxscription. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trade mark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Waxscription or its licensors.
Waxscription authorises you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2019, Waxscription, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Waxscription Services may be included elsewhere within the Waxscription Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Waxscription and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, Waxscription grants a non-exclusive, limited, non-transferable license to use the Waxscription Services. You may not distribute or make the Waxscription Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by Waxscription that replace and/or supplement the original Waxscription Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Waxscription’s written permission, “mirror” any Contents contained in the Waxscription Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the Waxscription Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorised content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to disable or circumvent any security mechanisms used by the Services or Contents or otherwise attempts to gain unauthorised access to any portion of the Services or Contents or any other systems or networks connected to the Waxscription Services, or to any server of Waxscription or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorised access to Waxscription user accounts; (h) encourages conduct that would constitute a criminal offence, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Waxscription reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Waxscription Services, or any portion thereof where you have breached these Terms.
2.3 User Submissions
Except as provided under Submission of Ideas (Section 2.4 below), Waxscription does not claim ownership of any information or material a user provides to Waxscription or posts, uploads, inputs, submits, or transmits to the Waxscription Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libellous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of local, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or engage in “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Waxscription Services, or which, in the judgment of Waxscription, exposes Waxscription or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Waxscription. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Waxscription a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Waxscription is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. Waxscription is not responsible for the consequences of any Submission. Waxscription is not responsible for screening or monitoring Submissions made to the Waxscription Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Waxscription may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Waxscription will have no liability or responsibility to users for performance or non-performance of such activities.
Waxscription reserves the right (but is not obligated) to: (a) record the dialogue on the Waxscription Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Waxscription Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Waxscription Services, regardless of whether such Submission violates these Terms.
2.4 Submission of Ideas
Waxscription policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names) (collectively, “Ideas”). Please do not submit any Ideas in any form to Waxscription. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Waxscription’s products, services or marketing strategies might seem similar to ideas submitted to Waxscription.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the Waxscription Services or otherwise shall be the property of Waxscription, and may be treated by Waxscription as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to Waxscription will automatically become the property of Waxscription, without any compensation to you; (b) Waxscription may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) Waxscription has no obligation to review any Idea; and (d) Waxscription has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Waxscription.
2.5 Your Account
If you use the Waxscription Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. Waxscription reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- TERMS OF SALE
3.1 What These Terms Cover
These are the terms and conditions on which we supply products to you.
3.2 Why You Should Read These Terms
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end our agreement with you, what to do if there is a problem and other important information.
3.3 Sale of Products and Memberships
Waxscription sells Waxing products and other supplies (the “Product(s)”) to end-user customers (“Members”), including customers who purchase a recurring membership plan to receive Products on a schedule they choose from the options Waxscription makes available (“Membership”). Products are only for Members' own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
We are under a legal duty to supply products that are in conformity with these Terms.
3.4 Placing an Order
We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorise your payment; (c) you are not allowed to buy Products or Membership from us or we are not allowed to sell Products or Membership to you; or (d) there has been a mistake in the pricing or description of the Products or the Membership you have ordered.
Our acceptance of your order will take place only when we have received payment from you and dispatched your initial Products. It is only at this point that a legally binding contract will be formed between you and us and we will be required to send the Products to you and fulfil your Membership. Please note that you have legal rights to cancel and we set those out in Section 4.4.
If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Membership, and Waxscription is unable to resolve the problem, we may notify you via email using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to deliver future Products until the problem has been resolved.
3.5 Product Pricing
Pricing for Products and Memberships (including any applicable postage and packaging fees) can be found on the Waxscription Services. Membership prices will depend on the Membership you choose, including the number of Products you select for each resupply box ("Box"). You may view or customise the Products in each Box by logging into your account and visiting the 'Login' page. If you add to or remove Products from a Box, or change your Membership, this may change the price that we will charge you for the Products and Box.
We reserve the right to change prices for Products and Memberships at any time, and we do not provide price protection or refunds in the event of promotions or price decreases. However, where you have a recurring Membership with us, we will provide you with 30 days' notice of price increases which affect the Products included in your current Box. We will do this by sending you an email to tell you about the price increase, including when it will take effect. If you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your Box in accordance with Section 4.3 below or cancel your Membership in accordance with Section 4.4 below. You must do this at least one working day before the first date we dispatch Products to you after the price change takes effect. Unless you permanently remove the relevant Product(s) or cancel your Membership, then you will be charged the increased price for the Product(s) for all deliveries of the Product(s) after the date on which the price change takes effect.
We will charge your credit, debit, or other Waxscription-accepted payment method (“Payment Method") on your initial order and then again in advance of each delivery included in your recurring Membership. All payments must be authorised by the relevant card issuer and through any additional security steps required by the relevant card network (e.g. Visa or Mastercard).
3.7 Trials and Promotions
Your Membership may start with a promotional trial period ("Trial"), which allows you to receive trial-sized or other promotional Product(s) (a “Starter Set”) at a reduced price based on the Membership you choose. You may also choose to add additional Products to your Box on a one-time or recurring basis (“Add-On Products”). At that time, Waxscription will charge your Payment Method for the price, and any postage and packaging (if applicable), of the Starter Set and any Add-On Products selected. For combinations with other offers, restrictions may apply. Waxscription reserves the right, in its sole discretion, to determine your Trial eligibility.
The "Refer a Friend"promotion can only be redeemed with a coupon code provided, A Purchase must be made to redeem the promotion using the coupon code provided, otherwise it will be void. To redeem (1) years worth of free Sacred Sugar boxes, a referee must make an order. This is subject to approval and may change. The 50 referral prize consists of a Sacred Sugar Kit Sent out 4 times. This spans over a year from the date the first Box is sent out. It will repeat every (3) Months Until the promotion is over. Normal Billing of product will Occur. See terms for billing information.
At the end of the Trial:
- you will receive full-size Products (a “Resupply Box”) delivered periodically based on the Membership and/or Products you chose at the time you signed up for the Trial; and
-Waxscription will charge your Payment Method for the applicable Resupply Box (and any additional Products you select for each Box) at the end of the Trial and then again prior to each delivery,
unless you cancel your Membership or make changes to your Resupply Box in accordance with these Terms.
Deliveries of your Resupply Box and charges for that Resupply Box will then recur on a subscription basis, in line with the period chosen by you at the time you signed up for the Trial (which will be two (1) months, unless you selected a different option).
If you do not wish to be charged the fees for your Resupply Box at the end of the Trial, then you must cancel your Membership prior to the end of the Trial period. To view the specific details of your Membership, including the end date of your Trial, the Products and Membership you have selected (and the prices), frequency of deliveries and next dispatch date, visit our website and click the "Login" page.
We may authorise your Payment Method through various methods, including authorising it for fees up to the fees for your Resupply Box, as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorisation during your Trial period. However, if you cancel during the Trial period you will not be charged for any Resupply Box after the end of the Trial.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the Trial period. We will continue to charge your Payment Method for your Resupply Box, on a periodic basis (depending on the Membership period you select, from the options we make available to you), until you cancel your Membership.
Waxscription may carry out promotions from time to time. These promotions will have rules that reflect how the promotion will run displayed clearly.
Waxscription reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, Trial or other offer or promotion at any time without prior notice and with no liability where it is lawful to do so. However, you will never be charged standard Membership fees before the expiry of the Trial period you signed up for.
It will usually take 1-2 working days for us to process your order. We will send you a dispatch confirmation by email. You can then usually expect your order within 4-8 working days. It usually takes 2-8 days to deliver each Resupply Box in your recurring Membership after the date we take payment for that Resupply Box.
To view your order history, delivery frequency and next anticipated dispatch date, please log in to your account and visit the 'Account' pages. If you have not received your order within 7 working days, then please contact us at email@example.com.
Delivery will be to the address specified in your order. You are responsible for the Products and all risk in the Products passes to you at the time they are delivered in accordance with these Terms.
3.9 Your Legal Rights and our Goodwill Refund Policy
You have certain legal rights in relation to Products and Memberships which you buy from us. Your legal rights include:
- certain rights to cancel your Membership or Box order – see Section 4.4 below;
- the right to receive Products which are: (a) as described and match information we provided to you (and any sample seen or examined by you); (b) of satisfactory quality; and (c) fit for any particular purpose made known to us;
- the right to receive services supplied with reasonable skill and care.
If you wish to exercise any of your legal rights or you have a question about the quality of any Product you have ordered, then please contact us at firstname.lastname@example.org. For more information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 03454 04 05 06.
In addition to your legal rights, we operate a goodwill refund policy. Under our goodwill refund policy, if you are dissatisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent delivery (if you received a discount, then the amount we will refund is the discounted price). Refund requests must be made directly to us at email@example.com within thirty (30) days of the date of purchase. If we ask you to do so, you must return the Product in accordance with the instructions which we give to you. We cannot be responsible for Products that you return to us which are damaged or lost in transit to waxscription, so we advise you to return your Product(s) using a tracked delivery method. Promptly following Waxscription’s receipt of your request (typically within five (5) working days) or, if applicable, promptly following return of your Product(s), Waxscription will credit the amount paid for the Product(s) which you are dissatisfied with (less any postage and packaging costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. However, Waxscription does not control when a specific credit card or Payment Method company processes a chargeback transaction. You are responsible for contacting your Payment Method company, if you have questions about the status of the chargeback.
Under our goodwill refunds policy, we reserve the right not to provide a refund for a request that is received by Waxscription more than thirty (30) days after the date of original delivery. If we notice a suspicious pattern of claims under our goodwill refunds policy (for example, if a Member is claiming multiple refunds on the same Product or making a suspicious number of claims across multiple Products), then we may decline to provide a refund and/or terminate that Member's Membership. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Our goodwill refund policy does not apply to e-gift cards. This does not affect any of your legal rights highlighted above and in Section 4.4 below.
- MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Membership Fees; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
When you sign up for a Membership, you will have the opportunity to choose (a) the Products included in each Resupply Box (subject to availability); and (b) the frequency of each delivery/payment under your Membership plan (from the options provided at the time you sign up). Your chosen period between deliveries/payments is referred to as your "Membership Period" in these Terms (your Membership Period will be two (2) months unless you choose a different option at the time you sign up or you change it in accordance with these Terms). Your first Membership Period will run from the date scheduled for your first delivery (or, if you purchase a Starter Box and sign up for a Trial period, the date of expiry of your Trial period).
Waxscription will automatically renew your Membership and charge your Payment Method for your next delivery of a Resupply Box, at the end of any Trial period and then at the end of each Membership Period, unless we or you cancel your Membership in accordance with these Terms. The charges will be for your applicable Resupply Box, excluding any Products you 'pause' or remove in accordance with these Terms, plus any additional Products you choose and any applicable postage and packaging costs. You authorise this renewal and recharge by agreeing to the automatic renewal of your Membership and these Terms during the Member sign-up process.
To avoid being charged for the automatic renewal of your Membership and your next delivery of a Resupply Box, you must cancel your Membership in accordance with Section 4.4. We will continue to bill your Payment Method on a recurring basis (depending on your Membership and the Product selections you make) until you cancel.
4.2 Pausing and Resuming Products, Discontinuing Products
Your right to pause Products
Waxscription offers its members the ability to temporarily pause (or 'snooze') any one or more Products included in their Memberships (“Pause Period”) – you can do this by logging into your account and visiting the 'Login' pages. During the Pause Period, Members will remain active Members, but they will not receive the Product(s) which they have paused in their next delivery of a Resupply Box. Products can only be paused for one delivery at a time (i.e., your next delivery) – if you want to pause a Product for more than one delivery, you can either log into your account and pause the Product again or you can permanently remove that Product from your Membership in accordance with Section 4.3 and reinstate it at a later date. During the Pause Period, you will remain a member of Waxscription, continue to receive communications from Waxscription via email, and continue to receive your (and be charged for) the delivery of your Resupply Box (with the exception of the paused Product(s)).
The Membership fee we charge your Payment Method will be reduced, for your next Resupply Box, to reflect the fact that we will not be delivering the paused Product. If you are entitled to a discount, based on the number of Products in your Resupply Box, under a Waxscription promotion, then that discount will be recalculated for your next delivery, based on the number of Products in your Resupply Box, excluding the paused Product(s).
Requests to pause a Product must be received at least one full working day prior to your next dispatch date to take effect for that delivery. Otherwise that request will take effect on the following delivery.
Following the delivery for which you paused a Product, the Pause Period will end and the Product which you paused will be included in subsequent deliveries of your Resupply Box (unless you pause it again or permanently remove it in accordance with Section 4.3 below). You may email any questions about the Pause Period to us at firstname.lastname@example.org.
Our right to pause or discontinue Products
From time to time, we may pause a Product included in your Box – for example if there is no availability of that Product at the time of dispatch. We may permanently discontinue Products included in your Membership from time to time. If this applies to you, then we will send you an email, using the email address we hold for you. Your Payment Method will not be charged for Products which are not included in your Resupply Box, either because we have paused them or because they have been discontinued.
4.3 Membership Changes
- add or remove Products from your Resupply Box;
- change the frequency of your deliveries and payments; or
- change your next dispatch date,
at any time, from the options we make available from time to time, by logging into your account, visiting the 'Login' pages and making the changes. Any requests for a change to your Membership must be received at least one full working day prior to your next dispatch date to take effect for that delivery. Otherwise that request will take effect on the following delivery.
4.4 Membership Cancellation
Cancelling your Membership means we end our agreement with you under these Terms and owe you no obligations for supply of the Products or use of the Waxscription Services.
Cancellation by us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due. We reserve the right to not dispatch any Products or Box to you unless your payment for those Products, or that Box, has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your valid postal address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect that a purchase was fraudulently made or an account fraudulently set up.
Cancellation by you
You may cancel your Membership at any time by logging on to your account page on the Waxscription website. To cancel a membership, please log in to your account and select the ‘Membership Settings’ link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full working day prior to your next dispatch date to avoid being charged for that delivery. Cancellation requests received by Waxscription through any other channels which Waxscription makes available to you for this purpose may take up to five (5) days to process – you may be charged for your next delivery if your cancellation request is not received in time for processing before your next dispatch date. If you have any problems, please email us at email@example.com.
If you cancel your Membership within 24 hours of your initial order, we may either (a) fulfil your first delivery and charge your Payment Method (with the cancellation taking effect for subsequent deliveries); or (b) cancel your first delivery (where we are reasonably able to do so) and refund the Membership fee charged to your Payment Method. This does not affect your legal rights to cancel and receive a refund as set out below.
Your legal rights to cancel
You have certain legal rights to cancel, which are in addition to our goodwill refunds policy set out in Section 3.9. Please note that, for health protection and/or hygiene reasons, our Products are not suitable for return if they are unsealed, so your legal rights to cancel do not apply to Products which become unsealed after delivery.
You have a legal right to change your mind within fourteen (14) days of receiving any Product you order from us on a one-time only basis.
If you have a recurring Membership, including regular deliveries of the same Products, then you have a legal right to change your mind about any Product(s) included in your Membership, within fourteen (14) days of the first time you receive that Product in your Box. You can also change your mind about all the Products included in your first Box (and your Membership as a whole), within fourteen (14) days of receiving your first Box. (You do not have a legal right to change your mind about the subsequent, regular deliveries of the same Product included in your Membership after the first delivery, but this does not affect your legal rights in relation to Products which are defective or our goodwill refunds policy set out in Section 3.9).
If you would like to exercise your legal rights to cancel, then you must inform us – for example, you can contact us at firstname.lastname@example.org. If you exercise your legal rights to cancel, then you must return the Product(s) to us without undue delay and within fourteen (14) days of informing us that you are exercising your right to cancel. You should return the Products to the address we specify and you must bear the costs of return.
If you exercise your legal rights to cancel, you will receive a refund of the fees you paid for the relevant Products or Box. We will also reimburse any delivery charges you paid for the relevant Products or Box, up to the value of standard delivery.
4.5 Waxscription Referrals
We are happy for you to refer us to your friends if you like our services. You can do this through our Refer a Friend where you are able to copy a general link and share with your friends whichever way you choose, including via your social media. When you make a referral, we insist that you only send such links to people you know (where they have given you their consent) or if on social media, only with your friends or on your personal profile. We have an anti-spam policy here at Waxscription. Bulk email distribution, distribution to strangers, or any other promotion of a referral link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” under applicable law is expressly prohibited.
Waxscription may also offer a referral program (“Referral Program”) to provide its Members the opportunity to offer their friends, family, or other individuals with a unique referral ID link that a prospective Member can use to sign up for a Membership. Waxscription reserves the right to terminate this Referral Program at any time for any reason, or disqualify any Member or prospective Member at any time from participation in the Program where it is lawful to do so. Members and prospective Members that wish to take part in the Referral Program are bound by these Terms, in addition to the promotion and Referral Program terms and conditions. To review the Referral Program terms and conditions, please visit Referral Promotion Terms. You can check your Personal Referral Link by visiting waxscription.com.
- LIABILITY OF WAXSCRIPTION AND ITS LICENSORS AND PARTNERS
Nothing in these Terms shall exclude or limit Waxscription 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 Products (including the right to receive Products 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; and supplied with reasonable skill and care) and for defective products under the Consumer Protection Act 1987. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 03454 04 05 06. If you have an issue with the quality of any of our Products or any of your legal rights, then please contact us at email@example.com or at Waxscription, 151 St Awdrys Road, London, IG11 7QE.
We are not responsible for losses not caused by our breach or a failure to provide the Waxscription Services due to any cause beyond our reasonable control which prevents us from fulfilling our obligations, including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God. We are not liable for any damage or alteration to any device as a result of using the Waxscription Services. We will use reasonable efforts to make the Waxscription Services available to you at all times.
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 failure to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time of entering these Terms.
We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms shall affect your legal rights as a consumer.
- CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The Waxscription Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Waxscription does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Waxscription is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Waxscription Services. You agree that Waxscription shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-party on the Waxscription Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Waxscription Services does not indicate Waxscription’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the Waxscription Services, or based on such third-party’s participation or presence on the Waxscription Services, are solely between you and the third-party. Waxscription takes no responsibility for the content, ownership, or legality of any such linked third-party website. If you choose to leave the Waxscription Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
- MODIFICATION OR SUSPENSION OF THE WAXSCRIPTION SERVICES
You agree that Waxscription may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Waxscription Services, any part thereof, or any Contents, temporarily or permanently, with reasonable notice to you save for in an emergency.
Where we suspend the supply of Product(s) it may be for any of the following reasons: (a) to deal with technical problems or make minor technical changes; (b) update the Product to reflect changes in relevant laws and regulatory requirements; and/or (c) to make changes to the Product as requested by you or which we have notified you of.
We will contact you in advance to tell you we will be suspending supply of the Product(s), unless the problem is urgent or an emergency. If we have to suspend a Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end your Membership with us if your Membership is dependent on a Product we have suspended, or we have told you we are going to suspend, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end your Membership.
Waxscription makes no claims that the Contents are appropriate or may be downloaded outside of the United Kingdom. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Waxscription Services from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Waxscription and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas and Choice of Law.
You may not transfer any of your rights under these Terms to any other person. We may transfer any of our rights under these Terms to any person or ask any person to fulfil any aspect of our obligations so long as performance of those obligations is not affected.
- CHOICE OF LAW
These Terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest, and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
- ALTERNATIVE DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may wish to explore alternative dispute resolution as an alternative to legal action. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest to you, as well as the avenue to submit a dispute for online resolution. We are required to inform you that you may use this if there is a dispute that cannot be resolved between you and us, however if you are not satisfied with the outcome or do not wish to use this option, you are still able to bring legal proceedings.
- NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the Waxscription Services infringes your copyright, you should notify Waxscription of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorised by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or authorised representative; and
- A signature or the electronic equivalent from the copyright holder or authorised representative.
We will process each notice of alleged infringement that Waxscription receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Waxscription’s copyright agent at email@example.com (subject line: “Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
In an effort to protect the rights of copyright owners, Waxscription maintains a policy of termination, in appropriate circumstances, of users of the Waxscription Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Waxscription to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- THIRD PARTY RIGHTS
These Terms are between Waxscription and you. No other person shall have any rights to enforce any of these Terms.
- CONTACT US
151 St Awdrys Road
London, IG11 7QE