Terms of Sale

Last Modified: December 31, 2014

Eligibility

All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you are governed by our Terms of Sale herein. Our site is only intended for use of individuals residing within the United States of America and we do not receive orders from parties located outside the United States of America.

Boxy Charm Accounts

Your Boxy Charm customer account will allow you to order and purchase products listed on our site and you will have the ability to access the services and functionality that we may establish and preserve from time to time and in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a Boxy Charm account on behalf of a company, organization, or any other entity, other than (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to this Agreement and that you agree to this Agreement on behalf of that entity. By connecting to Boxy Charm with a third-party service (i.e. a social media service), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in values from that service. Using another User’s account without permission is not allowed. Accurate and complete information must be provided when creating your account. You are solely liable for the activity that occurs on your account and it is your responsibility to keep your account credentials secure. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify Boxy Charm of any breach of security or unauthorized use of your account by email to [email protected] Boxy Charm will not be held liable for any losses caused on your account by any unauthorized use of your account. You may regulate your User profile and the interactions you have with the Service by accessing the settings section in your customer account page. By providing Boxy Charm with your email address you authorize us to utilize the email address to send you Service-related notices, which may including any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. If you decide you prefer not to receive such email messages, you may opt out by changing your preferences in your customer account page. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Placing an Order for Products

You may choose to purchase products from our Site and you begin by placing an order for the desired products through our Site. After placing an order on our standard order form, you will receive a message via email from us acknowledging that we have received your order. Please be advised that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other product that may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation. All products ordered through our Site shall be subject to the payment processes described below.

Payment

Certain aspects of the Service, for example subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms cited on our Site and as we may update them from time to time. Boxy Charm may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products.

Payments shall be processed through our site and shall be in the form you select when you either submit an order form or you register a paid Service. Boxy Charm reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending Boxy Charm’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Boxy Charm in writing within thirty (30) days of such payment. Failure to notify Boxy Charm shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Boxy Charm. No other measurements or statistics of any kind shall be accepted by Boxy Charm or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.

Refunds

Subscription Plan

Users may participate in BOXYCHARM without incurring any costs or fees. However, users are given the option of subscribing to the BOXYCHARM service. You may only subscribe to the BOXYCHARM subscription plan if, and you hereby represent and warrant that, you are 18 years old or older. The monthly subscription plan is offered for Twenty One Dollars ($21.00) per month; the yearly subscription plan is offered at the discounted rate of Two Hundred Thirty One Dollars ($231.00) per year.

By subscribing to the monthly BOXYCHARM subscription plan, you are agreeing to a recurring Twenty One Dollar ($21.00) monthly subscription fee. Once you subscribe, BOXYCHARM will process your Twenty One Dollar ($21.00) monthly subscription fee, until your subscription is cancelled, without further notice to you or authorization from you.

By subscribing to the yearly BOXYCHARM subscription plan, you are agreeing to a recurring Two Hundred Thirty One Dollar ($231.00) annual subscription fee. Once you subscribe, BOXYCHARM will process your Two Hundred Thirty One ($231.00) annual subscription fee, until your subscription is cancelled, without further notice to you or authorization from you.

Your BOXYCHARM subscription, including the monthly or annual fee, will be automatically extended for successive renewal periods of the same duration as the initial subscription term.

There is no minimum subscription term and you can cancel your subscription at any time by logging in to your BOXYCHARM account. You will not be charged for cancellation. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You can re-subscribe at any time following your cancellation.

For Products. You understand and agree that you shall receive no refunds and no exchanges for any Products once our supplier or we delivers these items to the carrier unless the Product received by you is damaged and/or expired.

Risk of Loss and Title.

All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Boxy Charm. The risk of loss for such products passes to you when Boxy Charm or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.